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HomeMy WebLinkAboutPZ 10-12-10 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, OCTOBER 12, 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 De La Portilla, Dillard, McKey, Morris, Sills, and West. Also present were Assistant City Attorney Watson, Assistant City Manager Shadrix, Senior Planner Howell, and Deputy City Clerk Sibbitt. ABSENT: Member Conkling was absent unexcused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, September 14, 2010. Member McKev, seconded by Member Sills, moved to accept the Minutes of the September 14, 2010, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS SPECIAL EXCEPTIONS - LETTER OF NOTIFICATION TO SURROUNDING OWNERS - EXPANSION OF BOUNDARIES Assistant City Manager Shadrix stated their discussion on this issue was followed by a very healthy discussion by the City Commission at the October 5th City Commission Meeting. He further stated he would like to propose to the board tonight is that staff come back and present a workshop. They were directed by City Commission to look at amending the code to address this very issue that was brought by this body. Chairman Campbell inquired if the amendment would include all the other areas where the 300 ft. notification is mentioned. Assistant City Manager Shadrix stated they would do a comprehensive review and propose a series of recommendations that would address that issue as well as some others. Vice Chair Golden thanked Mr. Shadrix for bringing this up so quickly and stated he just wanted to increase the notification radius up to a 1,000 ft. for special exceptions. Assistant City Manager Shadrix stated the City Commission did have discussion on the issue of a use going into an existing vacant retail center thus creating an issue for attracting other retail uses that might wish to sell alcohol. There are ways they can amend the code to limit that from occurring and still allow the owners of the retail centers to lease to tenants. He further stated what they want to do in context with all the plans they have for the Planning and Zoning Commission Meeting October 12, 2010 CRA is create an environment where there is a hometown feel. Assistant City Manager Shadrix stated that now is the time to focus on the code so they will be bringing a lot of code items before the board within the next few months. Chairman Campbell inquired if they anticipate a workshop in the next 90 days. Assistant City Manager Shadrix stated they are in the beginning process of doing research so they would like to have a workshop within the next 60-90 days. NEW BUSINESS VILLAGES OF WESMERE — REZONING TO PUD /LAND USE PLAN Senior Planner Howell gave a brief overview of the proposed rezoning of the property known as the Villages of Wesmere. The Villages of Wesmere townhome development was approved by the City Commission in 2006. The development was approved for 369 townhome units. The applicant is requesting to rezone the northern portion to allow the construction of 178 single - family detach units in place of a portion of the approved townhome units. The Land Use Plan that was submitted proposes 40 -foot wide by 80 -foot deep (3,200 square foot) lots in a Traditional Neighborhood Design (TND). During the review process, staff suggested the applicant include alleyways as a way to enhance the 40 -foot wide Tots which would ultimately give it more of a TND feel. The alleyways will be contained in tracks that will be owned and maintained by the homeowners association. The setbacks for the front loaded and alley loaded lots will differ. For the front loaded units; a 20 -foot setback, 5 -foot side setback, and 10 -foot rear setback will be provided. For the alley loaded units; a 10 -foot front setback, 5 -foot side setback, and a 20 -foot rear setback will be provided. The rear setback will be used as the entry and the units will be accessed from the alley. Senior Planner Howell further explained the traffic statement and acceptable uses in a PUD District. He also mentioned that on September 2nd the applicant hosted a Community Meeting which several of the surrounding HOA's as well as residents of the existing townhomes were invited to attend. STAFF RECOMMENDATION Staff respectfully recommends the approval of the proposed rezoning of 40.60 acres of the Villages of Wesmere from R- 3(Multiple- Family Dwelling) to PUD (Planned Unit Development), subject to the execution of a Development Agreement, and the resolution of the outstanding comments from the Legal Department prior to the action being presented to the City Commission for final approval. 2 Planning and Zoning Commission Meeting October 12, 2010 DISCUSSION Member McKey inquired if it is possible that some of the existing multi - family units be converted to a convenience store, cleaner, or some sort of mail drop off facility. Senior Planner Howell stated that portion is zoned R -3 which has to be residential unless someone came in and petitioned to rezone it to allow commercial use; however, that would also require a future land use change. Member McKey stated if they allowed commercial then it would be a true TND. Vice Chair Golden stated he noticed some outstanding legal questions from the DRC and he was wondering if that had to do with the Development Agreement. Assistant City Attorney Watson stated he is correct the outstanding comments do have to do with the Development Agreement and additional conditions of approval that will be incorporated into the plans and will not have subsequent changes of what they have seen already. Vice Chair Golden inquired as to what additional conditions the applicant gets with the PUD other than what they have seen in their packets. Assistant City Attorney Watson stated they are minor modifications and gave some examples of conditions they would be seeing. Vice Chair Golden stated the alleyways will be narrow so what would be the conditions for parking on the streets. Senior Planner Howell stated this could be a requirement that they add on to the approval stating that no parking is allowed in the alleys. He further explained the alleys are 12 -feet wide and only allow one - way traffic. The Public Hearing was opened. Jim Hall, VHB Engineering, stated they concur with all of staffs conditions and they have worked really well with them. He further stated as to the TND questions that were addressed to the planner, they are not asking for any commercial but they are advancing the construction of the community center, pool, and recreation area to the front end of the development which will act as a civic space. He further stated to answer the question regarding parking in the alleys. The alley setback is 20 -feet which allows a driveway in front of the garage so that they get two parking spaces off the alleyway. He briefly explained that all the existing homes and the proposed lots on the south end of the property will stay R -3 and the conditions of approval are exactly the same as when it came to the board before. Vice Chair Golden inquired as to how big the homes would range as far as square footage. Kevin Kramer, K. Hovnanian Cambridge Homes, LLC, stated the single - family homes will be 1700 -2400 square feet. He further stated the townhomes, of which they are not requesting any changes to, range from 1500- 1900 square feet. Vice Chair Golden stated in the elevations it looks like a Mediterranean theme and he inquired if it matched the architectural theme of the Planning and Zoning Commission Meeting October 12, 2010 other townhomes that exist. Mr. Kramer stated the current R -3 approved townhome development had a requirement for tile roof so the only elevations they will be offering is Mediterranean. He further explained some of the other elements they would be including that would keep the development consistent with what is already there. Mr. Kramer stated this is one overall community that needs to blend together well and compliment each other. Vice Chair Golden stated since they are going in the direction of single - family homes he is guessing there is a better market for it. Mr. Kramer stated that is exactly the case because they feel that even in the very optimistic times we were in 5 -7 years ago 369 townhomes was a lot. They feel this is a great location and a very strong market for single - family homes which is why they are converting the north half to 178 single - family homes. Member McKey inquired about condition #70 and referred the applicant to look at the resources guide that is available from MetroPlan regarding bike racks and benches. He also suggested the planner look into the MetroPlan recommendations and make sure it is added to the code. Member McKey further commented on the declaration which is addressed under the conditions and stated he would like to see that expanded to requiring detail limitations on the size and construction guidelines and placement of accessory structures and fences in rear yards. Member De La Portilla inquired about the type of price point the homes would be sold at. Mr. Kramer stated they do not know at this time but it would be priced at market value. He further stated the single - family homes will be higher priced just by nature of being a single - family home. Member De La Portilla inquired if they had any idea what the market is today regarding a 1700 square foot home in that area. Mr. Kramer stated he does not know but he is aware that pricing is not very good right now for townhomes in the market. He further stated to allow some comfort these homes will have to be sold at a price for 369 townhomes which is 60 less homes then they will be marketing and they have to make up the dollar amount with nice homes that sell. Member De La Portilla inquired if the clubhouse will have a swimming pool. Mr. Kramer stated it will have a large pool, clubhouse, and a playground area. Member De La Portilla further inquired the square footage of the clubhouse. Mr. Kramer stated he can not recall but the pool is 24ftx58ft water area with a deck. Further discussion ensued regarding the pool's location and when the amenities would be done. Member Morris inquired if there will be two separate HOA's. Mr. Kramer stated there will be one HOA but two types of members (townhome members and single - family members). He further explained the difference in the two. Vice Chair Golden inquired why the trips increased. Mr. Jim Hall stated he was shocked too but according to the Professional Engineering Institute, the single - family residence generates 65 -70% more trips than a townhome. He further added it only went up less then 10% of what they originally had approved but they are working with the city on some mitigation to take care of that slight increase. Mr. Hall briefly explained the reasons for the increase in trips. 4 Planning and Zoning Commission Meeting October 12, 2010 Andrea Constantinou, 2131 Velvet Leaf Drive, stated one of the major issues the community as a whole agrees on is the size of the townhomes. Currently about 95% of the existing townhomes are 1900 -2300 square feet so building smaller townhomes will cause a decrease in the value of their homes. She further expressed her concerns with the width of the building and proposed that a minimum square footage of 1800 square feet be allowed. Chairman Campbell inquired if the request being proposed by Ms. Constantinou would require a change to the existing plans for that area. Assistant City Attorney Watson stated that is correct; the concerns of the residents tonight are referring to the townhomes that are being built and will remain zoned R -3. She further stated that the southern portion of the project has already been approved so any changes to minimum square footage would have to be addressed by revisions to the approved subdivision plans for those units. Angel Graulau, 2154 Velvet Leaf Drive, stated he is in the US Army and will be deployed to Afghanistan but every time he leaves his house his primary concern is his family. He moved into a gated community so they would have the amenities within and it is his understanding that they would be taking away the basketball courts and tennis courts. He further gave his objection regarding the amenities that would not be built because it would take away from the youth in the long term. Mr. Graulau also agreed with Ms. Constantinou in the square footage of the homes and how the property value of their home would go down if the builders downsized the units. Sarah Klunk, 2134 Bent Grass Avenue, stated another concern the residents have regarding the townhomes is that the interior features in the proposed townhomes and single - family homes remain similar to what they have now because they have a lot of upgrades. She stated they do not want it to be made cheap. Ms. Klunk also commented that they would like to see the black iron gates to continue with the newer townhomes because it was not shown on their proposed plans. Scott Roberson, 2122 Bent Grass Avenue, inquired about the single - family resident parking area and further commented on his disagreement with having two separate HOA's. His concerns with the HOA issue included fees, maintenance requirements, and keeping a cohesive color scheme. Mr. Roberson also agreed with the square footage concerns mentioned before and stated he would like to see the builders take their issues into consideration. Chairman Campbell informed Mr. Roberson, as well as the other residents, that what is before them tonight is determining whether or not the PUD is to be approved. Many of their concerns tonight are not issues they can address or take action on. 5 Planning and Zoning Commission Meeting October 12, 2010 Assistant City Manager Shadrix addressed the board and stated he wanted to clarify a couple of things. He feels it is very important to have members of the community come before them to air their concerns. The issue before the board tonight is a zoning issue and the townhomes parcels are not being rezoned. There were many issues brought up that were really good issues but he wanted to make the distinction that this is for zoning tonight and the builders still have a subdivision plan stage which will require intricate details. Mr. Jim Hall spoke and addressed the questions of the residents regarding the square footage and how they will try to increase in value of the homes by completing the gate, club house, and recreational amenities. Mr. Kramer addressed the question on parking and stated the single - family homes will have plenty of room for a guest to park up against the curb without blocking a driveway which is why there were no cut -outs such as the townhomes have. He further stated the HOA will be one HOA but the difference will be the reserves set aside to maintain the exterior of a townhome building. They have no intentions of raising the fees and they do want the involvement of the current residents to suggest changes to them. Mr. Kramer further explained their intentions with the project. Chairman Campbell stated he can assume that they will continue to work with the residents separate from the zoning issue before the board tonight. Mr. Kramer stated that he will not be able to give the residents everything that they are requesting but they do have to sell at a higher value because they have to make up for 60 less units. Member Sills inquired how wide the street will be in the front of the single - family homes. Mr. Kramer stated it will be the standard street requirement. Senior Planner Howell added that the street does meet the code. The Public Hearing was closed. Member Mckey stated he likes the TND concept and feels it will be a very marketable product. He further encourages all the owners to bring their concerns to either the Building Department or their Commissioner. Member McKey, seconded by Member Dillard, moved to recommend approval of the proposed rezoning of 40.60 acres of the Villages of Wesmere from R -3 (Multiple - Family Dwelling) to PUD (Planned Unit Development) subject to the execution of a Development Agreement, and the resolution of the outstanding comments from the Legal Department prior to the action being presented to the City Commission for final approval. Motion carried unanimously. 6 Planning and Zoning Commission Meeting October 12, 2010 MISCELLANEOUS Assistant City Manager Shadrix thanked the board for their assistance in getting a lot of their big items out of the way. They will have a lot of code changes coming forward which he further explained. He further stated they will be doing some different things with peer review with some of their customer base. They are trying to go with an industry standard that helps us meet our goals. Member Morris inquired if they are still meeting at the end of the month. Assistant City Manager Shadrix stated they are planning to go ahead with the meeting at the end of this month. Member McKey addressed Mr. Shadrix on a JPA question and how he thought that Orange County would be working closely with us when new construction would be built near our borders. A brief discussion ensued on a gas station being built next to Lowe's. ADJOURNMENT The meeting adjourned at 8:13 p.m. ttest: / 1 AP OVE 0 , �. L Melanie Sibbi , Deputy City Clerk Bradley Campbell, Chairman CI OF O COEE C of Good Ltv 150 N . TY Lakes Drive SPEAKING RESERVATION FORM �`�'e. .'fig Ocoee, Florida 34761 City Boards 407 - 905 -3100 "_ DATE: i D ' 13 ' i NAME 1)ndrerit at nt 'v" ` PHONE # � —7 7 C2 ADDRESS 2 ) U e (V e) (ea E -Mail a'ld( t -4 e()( Y1 CITY �� ZIP CODE 5'n I want to address the Board about 0,n v1 I l ',4 vvcsA Do you have a preiaared statement, or other documTent(s) from which you will address the Board? Yes No v if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearings: petitioner presentation -15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. C OF OCOEE 150 N . ITY Lakeshore Drive SPEAKING RESERVATION FORM Ce nteY of Good Ocoee, Florida 34761 City Boards � tai 407 - 905 -3100 DATE: t.�, NAME 4 h 0 _ P (J`rgt !Q ` PHONE # 07'" yG6, f a ADDRESS 1 5 tie! 112 1- Lea E -Mail f,�'�1 � (�6]'/"�j� 91% ��, co CITY V C.b,e +� `/ LIP CODE I want to address the Board about P'( 44q _` o 1p fg+ 41 1 . 1 )1 I tie r - ✓e,'A+ tryey Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearings: petitioner presentation -15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. CITY OF OCOEE be Genet of Good Li�l 150 N. Lakeshore Drive SPEAKING RESERVATION FORM z Ocoee, Florida 34761 City Boards �® .. 407 -905 -3100 c _ DATE: 0'1 Lam — K) NAIvfE S(UZ K -6 - 111k— PHONE # ADDRESS 734 &tS �L E Mail f eCh } k+ d5 0b 6 0 j CITY Fl GIP CODE c I want to address the Board about T i CkY) f 1 1'10 Y W e,S Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearings: petitioner presentation -15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. C OCOEE Cen ter of Good 150 N . ITY Lakeshore OF Drive SPEAKING RESERVATION FORM �`�e_ Liv. Ocoee, Florida 34761 City Boards �� 407- 905 -3100 DATE: / L &CF d N A M E cC) I fi b I' •SO 1 PHONE # f 2 y 7 ADDRESS 21 ? ? (3e,./d- E -Mail CS l i �Mc(;) (�'► CITY C( ; C ( L ZIP CODE 3 7((( I want to address the Board about Au\ 1 i U in jr - -F 1 rs Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No ✓ if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearings: petitioner presentation -15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003.