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HomeMy WebLinkAbout10/14/08 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, OCTOBER 14, 2008 CALL TO ORDER Chairman Sills called the meeting to order at 7:04 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, Dillard, McKey, Morris, and West. Also present were City Attorney Palmer, Planning Manager Wagner, Principal Planner Fabre, and Deputy City Clerk Sibbitt. ABSENT: Members Conkling and Rhodus were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, September 9, 2008. Member McKey. seconded bv Member Campbell. moved to accept the Minutes of the September 9. 2008. PlanninG and ZoninG Commission meetinG. Motion carried unanimouslv. OCOEE PINES - FINAL SUBDIVISION PLAN Vice Chair Golden. seconded bv Member McKey. moved to pull Ocoee Pines from the Consent AGenda to be heard and discussed under New Business. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS OCOEE PINES - FINAL SUBDIVISION PLAN Principal Planner Fabre informed the board that this item was placed under consent agenda because the final plan is really geared toward engineering details and the plan itself has either minimal changes/or no changes since the original preliminary subdivision plan approval. He further gave a brief presentation on the project and stated that the Final Subdivision Plan proposes a total of 343 dwelling units, which will consist of townhomes and single-family units. The Final Subdivision Plan includes the realignment of Clarcona-Ocoee Road consistent with the City of Ocoee Comprehensive Plan and Orange County roadway improvements plans. Planning and Zoning Commission Regular Meeting October 14,2008 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on October 1, 2008, and the DRC recommended approval of Ocoee Pines subject to some minor technical issues to be addressed from the Planning Department and the City Attorney's Office that were identified in written staff comments and presented verbally. All of the issues were discussed and changes to the plans were agreed. When the discussion was finished, the Committee voted unanimously to recommend approval of the Final Subdivision Plan. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Ocoee Pines Final Subdivision Plan date stamped received by the City on October 6, 2008. DISCUSSION Vice Chair Golden stated he was out on the West Orange Trail and the whole site was cleared and he was inquiring as to what was going on. Terry Hagen, property owner, stated they have a clearing and grubbing permit from the city and they cleared part of the right-of-way and also part of the property. He added that they received the permit because they have to move about 150 thousand yards of dirt. They did not clear around the buffer. Vice Chair Golden stated he does not understand how the permit supersedes the Final Subdivision Plan. Member McKey inquired if they had someone from the City mark trees. Mr. Hagen stated someone from the city did come out and they also came across turtles which they moved. He stated the specimen trees on the site are protected and they did not take any of them down. Vice Chair Golden stated he has some minor comments on the landscaping plans and would mark the plans and give them to him since the engineer was not present. A brief discussion ensued regarding trees being removed along the right-of-way. Member McKey inquired if there was a gate entrance to the trail. Principal Planner Fabre stated there was an opening but did not remember a gate. Member McKey inquired about the details and height on the fence near the golf course. Principal Planner Fabre stated since it is considered an interior fence they do not normally require details for it; a separate contractor will be pulling a permit for the fence. Member McKey inquired if the trail would be out of service and disturbed during construction. Principal Planner Fabre stated that it should not be disturbed but if it is disturbed it will be treated like any disturbance on right- of-way; the developer would be responsible to bring the improvement back to 100% of how it is supposed to be. 2 Planning and Zoning Commission Regular Meeting October 14, 2008 Member West. seconded bv Chairman Sills. moved to recommend approval of the Ocoee Pines Final Subdivision Plan date stamped received bv the Citv on October 6. 2008. Motion carried unanimous/v. Vice Chair Golden stated he would like for it to go on record that it is a bad precedent to set to allow a clearing and grubbing permit before the Final Subdivision approval. FOUNTAINS AT HIGLAND PARK - PUD REZONING/LAND USE PLANI PRELIMINARY SUBDIVISION PLAN AND PRELIMINARY SITE PLAN Principal Planner Fabre gave a brief presentation on the project and stated that the PUD Land Use/Rezoning and Preliminary Subdivision Plan for Fountains at Highland Park proposes a professional business park with some accessory uses (retail, restaurant) to service the main development. The subject site is 12.34 acres in size and is located on the north side of Tomyn Boulevard and south of the Florida Turnpike. The Preliminary Site Plan proposes 16 development schemes with one lot (Lot 17) earmarked for future development. The allocation for the total square footage proposed is: 71,200 square feet for Office space, 38,000 square feet for Medical Office, and 5,700 square feet of either Retail or Restaurant space. The major off-site improvements for the project include turn lanes and some right- of-way vacation that will be brought before the City Commission. There were also some waiver requests for this development; which, are typical when rezoning to a PUD. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on October 1, 2008, and reviewed the Rezoning/PUD Land Use Plan and Preliminary Subdivision /Site Plan for Fountains at Highland Park. The DRC voted unanimously to recommend approval of the PUD Land Use Plan and Preliminary Subdivision Plan/Site Plan, subject to incorporating the final revisions in the plans prior to the Planning and Zoning meeting. *The Fountains at Highland Park Land Use Plan and Preliminary Subdivision Plan/Site Plan date stamped October 2, 2008, (which is before the board today) incorporates the DRC's requested changes. 3 Planning and Zoning Commission Regular Meeting October 14, 2008 STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Rezoning/PUD Land Use Plan and Preliminary Subdivision Plan/Site Plan for Fountains at Highland Parks, as date stamped received by the City on October 2,2008. DISCUSSION Member McKey stated there are a lot of waivers and he has a problem with the last two. He inquired as to why they are giving the waiver to the maximum building coverage which is above 30% as well as the maximum impervious surface of 70%. Principal Planner Fabre stated the justification is that these are buildable lots for just the structure and they are not going to have the parking and other requirements. He further stated the whole site impervious surface is limited to 70% and they have met that code requirement. City Attorney Palmer clarified that the waiver relates to a lot by lot specific consideration which means that the size of the lot is the building pad; all of the infrastructure and parking is going to be in a common area tract owned by the property owner association. Member Dillard inquired about the cul-de-sac that was shown on the Site Plan. Principal Planner Fabre stated that may go away because there were some issues that came up such as trucks getting around that intersection. Member Campbell expressed his concerns with a tight turn in the corner and was wondering if that has been looked at for emergency vehicles. Principal Planner Fabre stated the Fire Department has reviewed the plan and did not have comments. David Evans, Evans Engineering, briefly described how the business park works. Vice Chair Golden stated that he was looking at the landscape plan before he saw their tree preservation plan and noticed that none of the preserved trees were on the landscaping plan. He stated he would like to see on the Final Subdivision Plan the protected trees added to the landscaping plan. Mr. Evans explained why they have two separate plans. He said what happens is that a site contractor goes out and starts landscaping so they create a separate tree protection plan to help decide what is a tree to save and what would be a tree to add. Vice Chair Golden briefly explained his concerns with some trees that were not saved and advised the engineer that he would like to give him the tree preservation plans with his markups so they can review it. The Public Hearing was opened for Fountains at Highland Park Land Use Plan and Preliminary Subdivision Plan/Site Plan. 4 Planning and Zoning Commission Regular Meeting October 14, 2008 Fred Bennett, 513 Belhaven Falls Drive, & Kelli Brown, 395 Belhaven Falls Drive, both spoke in opposition of the project. Ms. Brown stated she did not receive the notice. Principal Planner Fabre stated they are only required to send notice to those within 300 feet of the development and her home may not have fallen within those boundaries. Mr. Bennett inquired about how the construction is going to affect them as far as sound and privacy. Mr. Evans briefly explained the construction is required to follow the guidelines of the City. There will be noise but with the background sound in that area it should not be any louder then what they hear now. Ms. Brown expressed her concern that with all the development being done on the Maguire Corridor, many retails spaces are still vacant. Mr. Bennett inquired as to what would happen to all the pine trees in that area. Mr. Evans stated what they did was clear all the trees on the exterior perimeter and added new trees, landscaping, and a tree wall all along the front of the property. Discussion ensued regarding the levels of the building, lighting, and security issues. Mr. Bennett inquired if the letter he received would be the only letter sent out regarding the project. Principal Planner Fabre stated that they have advertising requirements in the local newspaper and they also post the property. He stated they have a timeline that they follow and the letter he received does inform him of both dates this project is to be presented. The Public Hearing was closed for Fountains at Highland Park Land Use Plan and Preliminary Subdivision Plan/Site Plan. Member West. seconded bv Member Morris. moved to recommend approval of the Rezonina/PUO Land Use Plan and Preliminarv Subdivision Plan/Site Plan for Fountains at Hiah/and Parks. as date stamped received bv the Citv on October 2. 2008. Motion carried unanimous/v. MISCELLANEOUS - None ADJOURNMENT The meeting adjourned at 8:07 p.m. . jjl)j- Melanie Sibbitt, Deputy City Clerk APPROVED: 5