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Home My WebLink AboutPZ 01-12-10 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JANUARY 12,2010 CALL TO ORDER Chairman Sills called the meeting to order at 7:02 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, Conkling, Dillard, McKey (arrived at 7:30 p.m.), Morris, and West. Also present were Assistant City Attorney Watson, Development Services Director Shadrix, Principal Planner Fabre, and Deputy City Clerk Sibbitt. ABSENT: Member Rhodus was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, October 13, 2009. Member Campbell. seconded bv Member West. moved to accept the Minutes of the October 13. 2009. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS SUBSTANTIAL AMENDMENT TO THE PUD/LAND USE PLAN FOR PRAIRIE LAKES PUD Principal Planner Fabre gave a brief overview of the Prairie Lake PUD development including the location. He stated the applicant is requesting to have more uses allowed on' "Tract G". The applicants had already received approval for the Villa Roma Townhomes in October 2008 by the Commission and at that point had expressed their request for a continuation of the approval process for permits. With the current market conditions, the applicant/owner has requested to add Assisted Congregated Living Facility (ACLF), Nursing Home, Two-Family Dwelling, and Single-Family Dwelling as permitted uses for Tract "G". The proposed ACLF/Nursing Home development standards, if approved, would be limited to a maximum of 30 assisted living units with a maximum building height of 55 ft. Planning and Zoning Commission Meeting January 12,2010 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on December 16, 2009, and determined that the proposed amendment was considered a substantial amendment due to the criteria established in the City's Land Development Code. Nevertheless, all the changes to the Land Use Plan were discussed and agreed upon by the applicant. When discussion was finished, the DRC voted unanimously to recommend approval of the Amendment to the Prairie Lake PUD, subject to resolving the outstanding staff comments and making the changes agreed upon at the DRC meeting before the City Commission meeting. STAFF RECOMMENDATION Staff recommends approval of the Amendment of the PUD Land Use Plan for Prairie Lake, as date stamped received by the City on December 29, 2009. DISCUSSION Member Morris asked for clarification of the staff report because it sounds like they are asking for the ACLF/Nursing Home, Townhome, and Single-Family Residence. Principal Planner Fabre stated the applicant is asking for the permission to have (either/or) from the list of uses. Assistant City Attorney Watson stated on the plans, under the conditions of approval, it states they can either develop a townhome, single-family duplex, or ACLF. Vice Chair Golden inquired about the height restrictions for other districts and the considerations; if any, for this development. Principal Planner Fabre stated the original PUD was stated to have two-stories 35 ft in height, but that was taken into consideration for Single-Family ResidencelTownhomes. With the ACLF they asked for the height increase so that it would work for that property. The consideration taken by staff was that the property is lower grade than Clarke Road so the actual height may not be as evident. As well, the landscape buffers and wall will ease up on the height impact. Principal Planner Fabre stated the applicant is available with an exhibit providing a line of sight graphic to help the board members envision the height impact. Vice Chair Golden inquired about the height allowed if this were located in a commercial area. Principal Planner Fabre stated for commercial it would be 45 ft. Member Conkling inquired if the Fire Department has reviewed the height being requested. Development Services Director Shadrix stated at the DRC meeting a Fire Department staff looked at this development and they said it was going to be fine. 2 Planning and Zoning Commission Meeting January 12,2010 Peter Palermo, applicant/owner, provided a rendering of the proposed building at a height of 55 ft. A brief discussion ensued regarding the visual, road, and noise impact with an ACLF. The Public Hearing was opened. Glen Myhre, 1836 Lenton Court, stated his home is directly across the street from the proposed development and is one buffer away from the wall. He further stated from his pool patio he has full view of the area being developed, so his concerns are on how this will affect his property value. Mr. Mhyre stated he is concerned about the height issue as well as the uses being proposed. Mr. Myhre stated he is against this proposed development. Mr. Palermo explained that the impact on the road will be a lot less with the ACLF because with assisted living not many of the residents are driving. Steven Royster, 1832 Oxton Court, stated when he purchased his home they were told that development would be Single-Family Residence and Townhomes. He further stated his mother-in-law works at a nursing home and is concerned about the noise buffer since most of those facilities have sirens, buses, and garbage pick-up. He too is against the proposed development and would like to see it be used for anything other then commercial development. Lynn Myhre, 1836 Lenton Court (also HOA member of Westchester), stated many parents were at little league registration and could not come but many were against this development. She further inquired about the zoning because she thought it was zoned residential. Principal Planner Fabre stated that, according to the Comprehensive Plan adopted by the City, an ACLF is a use that is permitted in medium density residential. The Future Land Use will allow for this particular use; however, the PUD does not, which is why this is coming before the Planning and Zoning Commission. Mrs. Myhre stated as her husband commented before from their pool patio they will have full view of the proposed project. She further stated that she is against the project and is speaking on behalf of the HOA and the whole neighborhood. Len Pinelli, 1796 Fritwell court, stated he has two concerns; first, everyone has a two story home and will have a view of the building. Secondly he would like to know if the widening of Clarke Road was included in the setback. Mr. Palermo stated that it is included. Mr. Pinelli stated he has mixed emotions regarding the development. Mr. Palermo stated at the moment they are permitted for townhouses but what they are looking for is ACLF. He further stated, as far as the height goes, they 3 Planning and Zoning Commission Meeting January 12,2010 have two plans one for a three story and one for a four story building because they have not made up their mind yet. Development Services Director Shadrix stated that the citizens who spoke raised some good questions and this will be going to the City Commission. He further stated it would not be a bad idea if the applicant flew a balloon to show the potential visual impact. Development Services Director Shadrix explained that the City of Ocoee lies in a market area that is underserved from a senior living standpoint and he has had several developers come to him with senior living. With a nitch market for senior living and funds being provided that will allow for a high-end development, it is something that people will pay money to live in. He further stated he feels an ACLF will enhance the area and will be a lot quieter then having a townhome project. Member McKey apologized for getting in late and stated his concern was the height of the proposed development. He further stated he would hate to see anything over three-story in height. The Public Hearing was closed. Vice Chair Golden stated he wanted to address the buffer and feels the 50 ft buffer will not be able to leave a lot of the existing trees. He further stated he feels they should have a minimum setback of 100 ft and would like to go forward with a recommendation increasing the buffer. Member West stated that this property is not that big and he does not know if it would allow for a 100 ft buffer. Mr. Palermo stated he does not feel a 100 ft. will be sustainable because he is working with 22 acres of which 13 acres is buildable and the remaining acre is being given to the city. Further discussion ensued regarding the height impact being depicted in the rendering provided by the applicant. Vice Chair Golden. seconded bv Member McKev. moved for approval of Case # RZ-09-11-07 - Amendment of the PUD Land Use Plan for Prairie Lake. as date stamped received bv the Citv on December 29. 2009. includina an amendment of a 100 ft. setback from Clarke Road for the buildina standards for the Adult Conareaate Livina/Nursina Home uses on Tract "G". if the maximum heiqht allowable is 55 ft. Motion failed 3-5 with Chairman Sills. Members Campbell. Morris. Dillard. and West opposina. Member West. seconded bv Member Campbell. moved for approval of Case # RZ-09-11-07 - Amendment of the PUD Land Use Plan for Prairie Lake. Motion carried 5-3 with Vice Chair Golden. Members Conklinq and McKev opposina. 4 Planning and Zoning Commission Meeting January 12,2010 MISCELLANEOUS Development Services Director Shadrix stated they will be having a very busy next couple of months. They are planning on bringing the Evaluation Appraisal Report, Water Supply Plan, and Capital Improvements Project forward. In addition, they will also be bringing the CRA overlays. He further stated many are aware that there is a pretty substantial vote coming up in November and they are seeing an increase in activity as a result of that. Development Services Director Shadrix gave a brief interpretation of the Hometown Rule Amendment. ADJOURNMENT The meeting adjourned at 7:58 p.m. Attest: APPROVED: ~J~ Melanie Sibbltt, Deputy City Clerk 5