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HomeMy WebLinkAboutPZ 08-13-10 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, AUGUST 10, 2010 CALL TO ORDER Chairman Campbell 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 Campbell, Vice Chair Golden, Members Dillard, McKey, Sills, and West. Also present were Assistant City Attorney Watson, Development Services Director Shadrix, Senior Planner Howell, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: Members Conkling and Morris were absent excused. Member De La Portilla was absent unexcused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, July 13,2010. Member West. seconded bv Member Sills. moved to accept the Minutes of the Julv 13. 2010. Plannina and Zonina Commission meetina. Motion carried unanimouslv. Chairman Campbell announced the order of the agenda will be done differently tonight. He advised they would be starting with Item A and then Item E, then revert back to the agenda order. OLD BUSINESS - None NEW BUSINESS STOR KWIK -LARGE SCALE PRELIMINARy/FINAL SITE PLAN Senior Planner Howell gave a brief overview of the proposed large scale preliminary/final site plan. He further stated the applicant is proposing a three- story climate-controlled self-storage use with the front fa~ade consisting of three retail units, and two office spaces which will be utilized by the storage facility. The remaining buildings, "B-F" will be in the rear of the site away from visibility on State Road 50. These building are proposed as one-story non-climate controlled self storage units that are accessed through a gate portion, so it will only be customers that have access to that area. Planning and Zoning Commission Meeting August 10,2010 Senior Planner Howell stated that during the review process they noticed the applicant had proposed to remove many trees; however they were able to work with the applicant to preserve as many trees as possible by creating a drive aisle that went around the cluster of Oak trees. The applicant has requested a waiver to the site plan for tree replacement ratio requirements. The code currently requires a 4: 1 replacement ratio and the applicant is requesting a waiver of 1: 1 ratio; reason being that a 4:1 ratio would require over 100 additional replacement trees beyond what the landscaping code requires. Staff supports the waiver based on the fact that the applicant has worked with the City in order to preserve the cluster of Oak trees. DISCUSSION Vice Chair Golden commented that in the future if possible could the board members be provided with an Arial photo in their packet. The Public Hearing was opened. Tom Skeleton, American Civil Engineering Co., stated they agree with staff's recommendation. Chairman Campbell inquired if this was the same piece of property that was approved for a hotel. Senior Planner Howell stated it was not and that the property he was referring to is located to the east. Vice Chairman Golden inquired why they felt the board should approve the waiver for the tree replacement ratio. Mr. Skeleton stated if they look at the landscape plan they will notice that once they add the 26 trees plus what is already on the site, they will have close to 130 trees on the site which does not really leave much room for any other trees. Vice Chair Golden stated that this site is almost entirely built-out and paved which is not your typical site where there are more open areas. Mr. Skeleton stated that if they look at the location of the property itself it is surrounded by the 429. They wanted the building as close to the road as possible while still having a landscape buffer in front so the only place to have an additional buffer would be in the back of the property near the 429. Vice Chair Golden inquired if they had a landscape architect prepare the landscape plans. Mr. Skeleton stated they did not. Member McKey stated in some municipalities they have mitigation where the developers provide the trees but the City is allowed to put them on recreational properties or in other areas of the City. He inquired if that is being considered or if it has been done before. Senior Planner Howell stated there is not a case to his knowledge where the City may have done anything like that. He further stated the code does state there is a potential mitigation bank but he is not aware if it has ever been used but he can do some research on it. Vice Chair Golden briefly spoke on how Orange County wrote there current tree ordinance and how he would like to see the City consider what 2 Planning and Zoning Commission Meeting August 10,2010 the county has implemented. Further discussion ensued regarding trees and possibly looking into a Mitigation Program. The Public Hearing was closed. Vice Chair Golden stated he understands they can not fit the trees but he feels it is really the land use which is causing and pushing the issue. He further stated he does not want to set a precedent that just because a developer says they can not fit the replacement trees on their site that they can not meet the code. Vice Chair Golden stated he feels that in the future the City should find a way to put into the code to work with replacement tree situations like this a little better verses just allowing developer's to say that can not meet the code. Member West stated that there are not many projects that come through that do not have a waiver request of some kind and most of the time they are tree waivers. He further stated that he feels that in residential developments the trees are more important then they are to commercial. Chairman Campbell stated that he is not 100% convinced that they really need more storage in the City with U-Haul being up the street but for this property he feels there is not much the developer can do because of how the building sits. He further stated this is a situation in which they have the best that they can work with. Member McKey inquired if this was going to be a three story building. Mr. Skeleton stated it is a three story retail outlet. Member West. seconded bv Member Sills. moved to recommend appro va/ of the Larqe-Sca/e Preliminary/Final Site Plan for Stor Kwik. inc/udina the waiver request. Motion carried 5-1 with Vice Chair Golden opposina. WASTEWATER FACILITY PLAN - COMPREHENSIVE PLAN AMENDMENT Principal Planner Rumer stated the city is recommending approval of: 1) addition of the Wastewater Facility Plan by Reference to the Comprehensive Plan, and 2) proposed amendments to the Sanitary Sewer Sub-Element and Intergovernmental Coordination Element, for the purpose of implementing the Wastewater Facility Plan. The Wekiva Parkway and Protection Act found in Part III, Chapter 369, Florida Statutes, require jurisdictions within the Wekiva Study Area to develop a Wastewater Plan similar to the 10-Year Water Supply Facilities Plans that was brought before them last month. Member McKey inquired how this will effect the septic tank situation. Principal Planner Rumer stated that an official rule has not been rendered to give a more concrete language. They will have to wait to see what the Department of Health says. Vice Chair Golden stated it looks like a good plan and it looks like the city is complying with the Wekiva Rule. He further stated that it says for the 3 Planning and Zoning Commission Meeting August 10,2010 wastewater residual, land application is done off site. He further inquired if there is any future plans to use those residuals such as for composting. Utilities Director Charles Smith stated that the residual is currently being hauled off to a vendor but they are looking at a volatizing type of process where they would render it on their site. He further explained the process they are hoping to implement. A brief discussion ensued. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Vice Chair Golden. seconded bv Member McKev. moved to recommend approval of the: 1) addition of the Wastewater Facilitv Plan bv reference to the comprehensive Plan. and 2) additions to the Sanitary Sewer Sub-Element and Interqovemmental Coordination Element. for the purpose of imp/ementina the Wastewater Facilitv Plan. Motion carried unanimouslv. HEALTH CENTRAL II - ANNEXATION & REZONING Principal Planner Rumer briefly announced that the next three presentations are all in relation to the larger Health Central piece that annexed in last month. Mr. Turner was a hold-out but since he has decided to come in the City they now can annex the two parcels in front. He further gave a brief overview of the proposed annexation/rezoning. There is no development plans with this property so staff recommends approval of the annexationlrezoning ordinances. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Vice Chair Golden. seconded bv Member Dillard. moved to recommend approval of the annexation of the 5.800 square feet of land known as the Health Central II Parcel. and rezonina to R-3 (Multip/e-Familv Dwellina) District. Motion carried unanimouslv. HEALTH CENTRAL III-REZONING Principal Planner Rumer gave a brief overview of the proposed rezoning. He further stated the parcel for this property has already been annexed as of August 3rd and they are just giving it the proper zoning. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Vice Chair Golden raised some questions regarding changing the zoning from commercial to multi-family. Principal Planner Rumer stated that was the best 4 Planning and Zoning Commission Meeting August 10,2010 they could do without having to amend the Comprehensive Plan. He further stated that Health Central felt they had sufficient commercial zoning and did not feel the necessity to gain more of that zoning. Member McKev. seconded bv Vice Chair Golden. moved to recommend approval of the rezonina of 1330 Ohio A venue from Oranae Countv C-1 (Commercial) to Ocoee R-3 (Multip/e-Familv Dwellina). 3924 Jane Street from Oranae Countv R-2 (Residential District) to Ocoee R-3 (Multip/e-Familv Dwellina). 3928 Jane Street from Oranae Countv R-2 (Residential District) to Ocoee R-3 (Multip/e-Familv Dwellina). 3913 Old Winter Garden Road from Oranae Countv R- 2 (Residential District) to Ocoee R-3 (Multip/e-Familv Dwellina). known as Health Central parcels. Motion carried unanimouslv. EDDIE TURNER (3750 JANE STREET) - ANNEXA TION/REZONING Principal Planner Rumer gave a brief overview of the proposed annexation/rezoning. He further stated this parcel does contain a single-family residence and is not owned by Health Central. The Public Hearing was opened; as no one wished to speak the Public Hearing was closed. Member Dillard. seconded bv Member West. moved to recommend approval of the annexation of the 19.500 square feet of land known as the Eddie W Turner Parcel and rezonina to R-3 (Multip/e-Familv Dwellina) District. Motion carried unanimouslv. DEEPER LIFE ASSEMBLY OF GOD - ANNEXATION Principal Planner Rumer gave a brief overview of the proposed annexation. He further stated this parcel is +/- 38 acre and there is a 5.3 acre piece with an existing church and non-permitted portables. There is no development proposed on the 32 acre parcel; however, that parcel was discussed at the DRC and it will be required that a trail easement adjacent to Prairie Lake be allowed on the parcel, which will connect the final segment of the trail. Member West inquired what the current zoning is on the property. Principal Planner Rumer stated Orange County Agricultural. Chairman Campbell inquired about the railroad access issues and asked the planner to please explain. Principal Planner Rumer briefly explained the history of prior annexation attempts of this parcel and the provision for access. Chairman Campbell inquired if they are going to formalize all the requirements of the improvements which where given timelines. Principal Planner Rumer stated there will be an annexation agreement that will formalize all the requirements. 5 Planning and Zoning Commission Meeting August 10,2010 The Public Hearing was opened. Vice Chairman Golden stated he was wondering if he could get the applicants sense of compliance with the Developer's Agreement. Neil Wilson, Engineer for the applicant, briefly advised the Vice Chair of the improvements they have already complied with. He further explained the primary reason they are trying to annex is for water service since they are currently on a well system. Chairman Campbell inquired as to what the portables are being used for. Mr. Wilson stated they are to going to be used for a community outreach program. Member West inquired as to how long they have owned the property. Mr. Wilson stated they have owned the property for over 10 years. Principal Planner Rumer briefly explained that if annexation is approved, the Building Department will do a Minimum Standards Inspection of the buildings. A walkthrough of the property has been conducted by staff. A brief discussion ensued regarding the proposed trail and the cross access. The Public Hearing was closed. Member McKey. seconded bv Member Dillard. moved to recommend approval of the annexation of the +/- 38 acres of land known as the Deeper Life Assemblv parcels and Exhibit "B" to the Annexation Aareement. Motion carried unanimouslv. MISCELLANEOUS Development Services Director Shadrix announced that they may be asking for a special session meeting later on in the month for the EAR. He further announced a test project for an Ocoee Farmer's Market that will be starting on Friday, Labor Day weekend and gave the specifics on the location and time. A brief discussion ensued regarding the Farmer's Market. ADJOURNMENT The meeting adjourned at 8:04 p.m. 6