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Home My WebLink AboutP & Z - 02/13/2001 Ocoee - AO 1 i ii s . r " a CITY OF OCOEE C PLANNING AND ZONING COMMISSION AGENDA 4 Of GOO Tuesday, February 13, 2001 7:30 PM I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held Wednesday, January 24, 2001 III. NEW BUSINESS A. Lake Lotta Center DRI [Public Hearing] Notice of Proposed Change to the Development of Regional Impact for Extensions Case No. DRI- 2 -9 -93 B. West Oaks Mall DRI [Public Hearing] (formerly known as Lake Lotta Mall DRI) Notice of Proposed Change to the Development of Regional Impact for Extensions Case No. DRI- 1 -9 -93 IV. OLD BUSINESS V. OTHER BUSINESS VI. COMMENTS VII. ADJOURNMENT NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:30 p.m. in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Also, in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, Florida, 34761, (407) 905 -3105, 48 hours in advance of the meeting. MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, FEBRUARY 13, 2001 CALL TO ORDER Chairman Bond called the meeting to order at 7:32 p.m. Following a moment of silent meditation, Vice Chairman Landefeld led in prayer remembering Member McKey and his family in the recent death of his mother. Chairman Bond led in the Pledge of Allegiance to the Flag and declared a quorum to be present. PRESENT: Chairman Bond, Vice Chairman Landefeld, Members Christoefl, Golden, Matthys, Rhodus, and West. Also present were Planning Director Wagner, Assistant City Attorney Cookson, and Deputy City Clerk Green. ABSENT: Members McKey and Miller. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Wednesday, January 24, 2001. Member West, seconded by Vice Chairman Landefeld, moved to accept the Consent Agenda as presented. Motion carried 7 -0. NEW BUSINESS Planning Director Wagner said Assistant City Attorney Cookson was present to give the staff reports and answer questions. He said representatives from the developers were also present to answer questions. Mr. Cookson explained that he was filling in for Assistant City Attorney Martha Formella who is ill. LAKE LOTTA CENTER DRI PUBLIC HEARING NOTICE OF PROPOSED CHANGE TO THE DEVELOPMENT OF REGIONAL IMPACT FOR EXTENSIONS - CASE No. DRI- 2 -9 -93 Assistant City Attorney Cookson presented the staff report for the proposed change to the Lake Lotta Center DRI. On January 26, 1995, the City issued the Development Order for the Lake Lotta Center DRI. On November 6, 2000, the Developer filed a Notification of Proposed Change (NOPC) as amended on January 23, 2001, by an Amended Planning and Zoning Commission Regular Meeting February 13, 2001 Notification of Proposed Change. The Amended NOPC requests changes to the previously approved Lake Lotta Center DRI to extend the Phase I buildout date from November 30, 2000, to December 29, 2004, and the Phase II buildout date from November 30, 2003, to December 29, 2007. The Amended NOPC also requests an extension of the restriction on down zoning, unit density reduction, and intensity reduction. He explained that Florida Statutes provide that extension of the date of buildout of 5 years or more but less than 7 years shall be presumed not to create a substantial deviation. He said the NOPC was sent to the East Central Florida Regional Planning Council and they have no objection to the extension. The Department of Community of Affairs commented on the original notice, not the amended notice, but had no objection to the original notice and the notices differed only in the calculation of years. Mr. Cookson concluded with Staff's recommendation for approval as noted in the staff report and included in detail in the motion below. The public hearing was opened. Carol Lindenauer, 863 Hammocks Drive, said the residents of her subdivision support the extension based on their understanding of the criteria to which the developer must adhere, but they would like more information about the criteria set when the original DRI was approved. Scott Gold, 860 State Road 434, Altamonte Springs, said he represented Lotta GP, a general partner of Lake Lotta, Ltd., the owners of the property. He said when the property is sold and developed he would expect that the City would require the developer to adhere to any City codes that are in effect at the time of development. It is his understanding that the property that is directly contiguous to the Hammocks is presently zoned and has vesting for 77 single family dwellings. Planning Director Wagner said the Lake Lotta Center DRI was originally approved for four components: 1) 275,000 square feet of retail space for the large area immediately across from Mall (40 to 60 acres); 2) north and west of the retail space, single family homes on larger lots to buffer the Hammocks from the commercial area; 3) across the street at Clarke and White Road, a development of single family homes with 50 foot lots (now under construction); and 4) apartments south of the Mall on Highway 50 adjoining Lake Lotta (also under construction). The two single family residential areas and the multi - family area were the Phase I portion of Lake Lotta Center and the 275,000 s.f. retail area is the Phase II portion. Walt Wagner, 1109 Wineberry Court, Hammocks, asked if there would be a road with houses on both sides to provide a double lot barrier between the Hammocks and the commercial development. He said the residents would object to commercial development 2 Planning and Zoning Commission Regular Meeting February 13, 2001 said he thought the area between the commercial development and the Hammocks was wide enough for a long cul -de -sac and a bay of lots along both sides of a street. He said the single family portion could be developed now subject to approval of subdivision plans, but the commercial portion could not be developed until a combined traffic study with the West Oaks Mall was done as part of their Phase II project. Karl Sontag, 9802 White Road, said his property is located to the east of the Hammocks and asked if commercial or residential development is planned for the parcel to the east of his property on White Road. Mr. Wagner confirmed that is the area scheduled for larger lot single family development. The public hearing was closed. Member Christoefl asked if a new hearing on the entire property would be required if Phase II were not developed by 2007. Assistant City Attorney Cookson said if Phase I were completed but Phase II was not begun by 2007, the entire application process would have to be done again if there was a substantial change. Scott Gold said the commercial portion would now be considered "sub- threshold DRI," which means a DRI would not be needed. He said in the unlikely event that Phase II was not developed by December 29, 2007, it was probable that they would request an extension and begin the process with a hearing such as this one. He said the City always has the final say. As had been recommended by Staff, Vice Chairman Landefeld, seconded by Member West, moved that Planning and Zoning Commission recommend approval of the Lake Lotta Center DRI, Notice of Proposed Change to the Development of Regional Impact for Extensions, Case No. DRI- 2 -9 -93, finding that the requested extensions constitute a non - substantial deviation which does not require further development of regional impact review and recommending that the City Commission approve the extension of: 1) the Phase I buildout date to December 29, 2004; 2) the Phase II buildout date to December 29, 2007; and 3) the restriction on down zoning, unit density reduction, and intensity reduction to 19 years, 29 days from the effective date of the Development Order for the Lake Lotta Center DRI. Motion carried 7 -0. 3 Planning and Zoning Commission Regular Meeting February 13, 2001 WEST OAKS MALL DRI (fka Lake Lotta Mall DRI) PUBLIC HEARING NOTICE OF PROPOSED CHANGE TO THE DEVELOPMENT OF REGIONAL IMPACT FOR EXTENSIONS, CASE No. DRI- 1 -9 -93 Assistant City Attorney Cookson presented the staff report for the proposed change to the West Oaks Mall DRI. On January 26, 1995, the City issued the Development Order for the West Oaks Mall Development of Regional Impact ( "West Oaks Mall DRI"). On November 17, 2000, the Developer filed a Notification of Proposed Change ( "NOPC ") as amended on January 15, 2001, by an Amended Notification of Proposed Change. The Amended NOPC requests changes to the previously approved West Oaks Mall DRI to extend the Phase I buildout date from November 30, 2000, to December 29, 2004, and the Phase II buildout date from November 30, 2003, to December 29, 2007. The Amended NOPC also requests an extension of the restriction on down zoning, unit density reduction, and intensity reduction. Mr. Cookson pointed out that the extension was within the 5 year to 7 year time period which carries the presumption not to create a substantial deviation. The East Central Florida Regional Planing Council has not yet commented on the change, but had no objection to the original notice. The Department of Community Affairs had no objection to the requested extensions. He concluded with Staffs recommendation for approval as noted in the staff report and included in detail in the motion below. The public hearing was opened. As no one wished to speak, the public hearing was closed. As had been recommended by Staff, Member Matthys, seconded by Vice Chairman Landefeld, moved that Planning and Zoning Commission forward Case No. DRI- 1 -9 -93 to the City Commission with the recommendation of approval based on the findings that the requested extensions constitute a non - substantial deviation which does not require further development of regional impact review and recommend that the City Commission approve the extension of 1) the Phase 1 buildout date to December 29, 2004; 2) the Phase II buildout date to December 29, 2007; and 3) the restriction on down zoning, unit density reduction, and intensity reduction to 19 years, 29 days from the effective date of the Development Order for the West Oaks Mall DRI. Motion carried 7 -0. OLD BUSINESS None. OTHER BUSINESS None. 4 Planning and Zoning Commission Regular Meeting February 13, 2001 COMMENTS None. ADJOURNMENT The meeting adjourned at 7:58 p.m. following a motion to adjourn by Vice Chairman Landefeld and a second by Member West. Attest: APPROVED: 4 , -ln kabidA4t ) 3/112 Q,st.) 1 G Marian Green, Deputy City Clerk Pat Bond, Chairman 5