HomeMy WebLinkAboutP & Z - 02/28/2001 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, FEBRUARY 28, 2001 CALL TO ORDER Chairman Bond called the meeting to order at 7:32 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Bond, Members Golden, Matthys, McKey, Miller (arrived 7:40 p.m.) and West. Also present were Planning Director Wagner, Principal Planner Lewis, Assistant City Attorney Cookson, and Deputy City Clerk Green. ABSENT: Vice Chairman Landefeld, Members Christoefl and Rhodus. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, February 13, 2001. Member McKey, seconded by Member Matthys, moved to accept the Consent Agenda as presented. Motion carried 5 - 0. (Member Miller had not yet arrived.) NEW BUSINESS CLARCONA CROSSINGS SUBDIVISION PUBLIC HEARING PRELIMINARY SUBDIVISION PLAN, PROJECT NO. LS - 99 - 016 Principal Planner Lewis presented the Staff Report for the proposed Preliminary Subdivision Plan for Clarcona Crossings. The project will include 122 single family residential lots to be constructed in two phases. The site is located on the south side of Clarcona Ocoee Road, between Clarke and Apopka Vineland Roads. The subject property is currently undeveloped except for a few small wood - framed structures in the northern portion of the site. The southern edge of the property abuts the northern boundary of the Sawmill subdivision. Mr. Lewis pointed out features of the Plan including four access points - two from Clarcona Ocoee Road, one to the existing Sawmill subdivision and one to currently undeveloped property which is now under review for another subdivision. There will be a six foot brick wall with appropriate landscaping along the northern boundary of the subdivision adjacent to Clarcona Ocoee Road. As the property has R -1 -AA zoning, lots will be a minimum width of 75 feet and minimum size of 9,000 square feet. Planning and Zoning Commission Regular Meeting February 28, 2001 Mr. Lewis explained three unique issues to be addressed by this subdivision plan. • Two portions of the subject property are not contiguous and will be connected by a road across the corner of the retention pond tract which is owned by the City. • Access must be provided to a landlocked parcel adjacent to the southeast corner of the southern portion of the subdivision. The parcel is currently accessed by a dirt driveway adjacent to the railroad tracks along the eastern edge of the subject property. The Plan provides for access via a separate tract for a private driveway to be located between the rear of the adjacent lots and the railroad tracks. • The 100 year flood plain elevation for the site is currently set at 81.0'. If that elevation is used, this subdivision plan as currently presented could not be approved because a large portion of the development will encroach upon the 100 year flood plain. The Project Engineer believes that the 81.0' elevation is not appropriate and is working with the Federal Emergency Management Agency (FEMA) to have the elevation changed to 70.0', which he believes is appropriate. The City Engineer and the City's Engineering Consultant are comfortable with this procedure. The issue is addressed in Conditions of Approval Nos. 45 and 46. Mr. Lewis explained that the Plan includes two proposed waivers from Land Development Code requirements and both are supported by Staff. • A waiver is needed from the requirement for a maximum block length of 1,000 feet because the distance between the two Clarcona Ocoee Road entrances is 1,350 feet. • A waiver is needed from the 50' building setback from Clarcona Ocoee Road for two lots. Lots 11 and 12 are not as deep as the other lots along that road due to the additional road right -of -way being dedicated to the City. The Development Review Committee reviewed the Plan on February 6, 2001, and voted unanimously to recommend approval, including the proposed waivers, subject to certain revisions to the Plans which have been accomplished. Mr. Lewis concluded with Staff's recommendation for approval of the Plan, including the two waivers, as date stamped received by the City on February 13, 2001. Randy June, of June Engineering, 71 East Church Street, the engineer for the project, said they concur with the conditions as set forth by Staff. He responded to various concerns expressed by members and the citizens. 2 Planning and Zoning Commission Regular Meeting February 28, 2001 As the City's Comprehensive Plan does not permit development within the 100 year flood plain, the elevation issue was a chief concern. Mr. June said the elevation for their site had been 70' to 72' last summer before FEMA had revised it to 82'. He explained that he thought FEMA's conclusions were faulty because they did not collect sufficient data to analyze the basin. He said they did not collect the topographic information that was available to do a logical, precise study. He said that FEMA changes flood plain elevations all the time. He said he expects Staff to approve the study they have submitted. When approved, he will forward the study to FEMA with the expectation they will amend the elevation back to the previous level at approximately 70'. The public hearing was opened. Member Golden asked about historic level of Lake Addah. Mr. June said, historically, it has been as high as 76' or 77', but the drainage basin has changed dramatically since those days. All the sites in the area are required to provide a 100 year retention pond. While the basin had a huge drainage area of stormwater runoff converging to this low spot, he said the drainage is now intercepted by the developments that have occurred along Clarke Road. Mr. June said they have considered this development in their analysis and they do not believe the FEMA engineer has accounted for all the development. Chairman Bond asked if, when the lots are developed, the owners would be required to have National Flood Insurance. Mr. June responded that they absolutely would not. Planning Director Wagner clarified that this subdivision has two phases and the 100 year flood plain issue is pertinent only to the second phase. Notes on the Plan include qualifications providing if the flood plain elevation is not changed, the developer would have to come back to Planning and Zoning and City Commissions for a new Preliminary Subdivision Plan approval. He said the burden of proof is on the developer. FEMA will require a sign off by the City Engineer before they change the flood plain map. Mr. Wagner said they feel the City is well protected in this case. Al Kamuda, 6948 Cross Cut Court, said his property borders the proposed subdivision on the south. As his property also borders the land locked property, he asked what type of road will be provided to it. He recalled past concerns with drainage and flooding in the area, and asked if runoff in the area and from Lake Sawmill had been looked at in the Plan for the subdivision. 3 Planning and Zoning Commission Regular Meeting February 28, 2001 Mr. Wagner asked Mr. June to discuss that as the City engineering staff was not present. Mr. Lewis said, concerning Lake Sawmill, the County is currently working on plans in coordination with the City to pump water out of Lake Sawmill when it overflows to a pond in one of the county subdivisions off Apopka Vineland Road. Mr. Wagner said the resident whose access they had addressed was the resident whose only access was from Clarcona Ocoee Road along a dirt road Assistant City Attorney Cookson said, as far as they know and what has been submitted to them for review, there is not a deeded access. What rights that property owner has are prescriptive rights over this property. He said it is a condition on the Plan that whatever decision is made for access to that property needs to come back to the City to assure that proper access is granted, not only access for that property owner, but that there are sufficient measures taken to protect the homeowners with the road running along their back yards. Mr. June said they are proposing access subject to the City Attorney's review. At this time the property owner does not have a legal dedicated access, but they are proposing to give him one. Mark A. Scalzo, 6938 Cross Cut Court, Sawmill, said his property faces directly south of the proposed subdivision. He expressed concern about saving trees and requested a tree buffer between their lot lines and the proposed back of the south side of the proposed subdivision. He asked if they could deter construction traffic from coming through Sawmill and require the traffic to access the site directly from Clarcona Ocoee Road. Chairman. Bond assured Mr. Scalzo that the members of the board and Staff share his views about saving trees. She said the development would have to come under the City's guidelines for removal of trees. Mr. June said it was their intention to save trees and they were working with Staff to incorporate some of the larger oaks into the Plan. He said they could add a condition to address the concern about construction traffic. Samuel C. Adams, 1045 Victoria Plaza, Apopka, representing the Way of Grace Ministries, said they own the parcel next to Phase 1 and asked for clarification on access to the southern parcel (Phase 2) and how it would affect the church. On the church's western side, the backyards will be up against the church's property. He asked if a retainer wall will be required and how wide the road will be 4 Planning and Zoning Commission Regular Meeting February 28, 2001 Mr. Lewis assured him that access would be across City property which is the pond. He said it would be close to a corner of the church's property but would not cross it. Mr. Wagner said any of the lots that abut the church property would not be required to have a buffer fence or wall. The road will run close to their property line at the southwest corner of their property for a short distance. For the most part there would be lots as a buffer between the church's property and the road. Mr. Adams said Orange County sometimes requires a retaining wall between a church or commercial building and a residential area. Mr. Wagner said the City had required a wood fence for a recently approved Plan for a church. He said the church falls under Orange County regulations, so he could not answer that question. He said the residents would not be required to screen themselves from the church. Mr. Wagner said the road would be a standard 24 foot wide residential street in a 50 foot right of way. Dorothy Johnson, 6826 Mill Stream Road, asked about the location of the road and Mr. Lewis pointed out the proposed location on the Plan. He said no homes would face the retention pond. Harry Danielson, 6820 Mill Stream Road, whose home is one of those facing the retention pond, spoke against the proposed development. He cited concerns about school over crowding, flooding from the retention pond, and traffic on Clarcona Ocoee Road. He said he had paid a premium for his lot based on its location and he felt the development would decrease his quality of living. Member West said Clarcona Ocoee Road is scheduled to be widened to four lanes in two to three years. Mr. Wagner said based on state law for concurrency purposes, if a roadway is in a funded work program within a three year period, and Clarcona Ocoee Road is, then the project can be considered based on the road as if it were built. He said the County is moving ahead quickly with that roadway, as final engineering plans and right -of -way acquisition are now under way. Mr. Wagner said there is no formal state law with regard to school concurrency. He said the City has no legal right to delay development for school concurrency. The School Board has been working with the City on this issue. David Johnson, 6826 Mill Stream Road, said the rear of his home faces the retention pond area. He expressed concern about an increase in traffic and said the retention pond 5 Planning and Zoning Commission Regular Meeting February 28, 2001 attracts detrimental traffic now and he was especially concerned that it might increase. He was concerned about the use of Timber Ridge for cut - through traffic. Mr. Wagner said the Final Subdivision Plan and Plat for Sawmill designate a park at the west end of the retention pond. In the beginning the developer proposed for that retention pond to act as a play field when it was dry. The retention pond is owned by the City as opposed to Sawmill and that is why they are able to put the road through. As it relates to the roadway, Sawmill was originally planned with four access points. The first was from Apopka Vineland, the second connects to Prairie Lake subdivision, and this is the third one to allow connection to Clarcona Ocoee Road. A fourth one was planned to Hackney Prairie from where the street stub ends. He explained that the intent was that over time the traffic would be dispersed in four directions. He said it is more likely that Sawmill will use the new subdivision to access Clarcona Ocoee than that the new development would cut through Sawmill. He said the thinking is that this dispersion of traffic will ultimately balance out traffic for the entire subdivision. As more schools and parks are built in the area, the convenience to all the major roads from Sawmill will improve. The number of trips projected for Sawmill streets falls far below that which would necessitate traffic calming measures. He said the extreme number of curves provide traffic calming. Chairman Bond left the dais at 8:37 p.m. and returned at 8:43 p.m. She gave the gavel to Member Miller while she was away. Mr. Johnson asked about what trees will be saved, especially those near the retention pond. Mr. Wagner explained that the specifics would be determined with the Final Subdivision Plans but as many as possible would be saved. Mr. Johnson asked if studies had been conducted to determine environmental impact of the proposed development on wild life in the area, as he believes there are federally protected tortoises in that area. Mr. Wagner said they are not required unless there are wetlands. Adjoining Lake Addah there are a few wetlands although they are well contained within the 100 year flood plain. The public hearing was closed. Member Golden said without the condition for the FEMA map change he would not vote for this project. He said he doubted they would be successful in changing the elevation as much as they hoped. 6 Planning and Zoning Commission Regular Meeting February 28, 2001 Member Matthys asked Mr. June, concerning the gopher tortoises, if a comprehensive survey had been conducted on the site. Mr. June said a turtle or two had been encountered in a preliminary assessment so they would have to be addressed. Mr. Matthys asked Mr. June about the sizes of Lots 90 through 122. Mr. June said all the lots in the separate block are 10,000 square feet or more. Mr. Matthys said he was concerned that Condition No. 38 states that if a utility agreement cannot be worked out those lots could be on septic system. Mr. June said that is why the lots are 10,000 square feet. Member Matthys also asked if the existing dirt road that accesses the property is going to be reworked into Tract "G ". Mr. June said that was part of previous discussion about creating a stabilized access with a 15 foot easement. He said the 15 foot swatch would be fenced off from their subdivision, and it was part of the legal discussion now as to how to handle it. Mr. June said a condition was to be added that they shall post signage and/or place temporary barricades which will require that all construction access related to development of the site be from Clarcona Ocoee Road. Member McKey addressed retaining trees. He asked the reason for the septic system. Mr. Wagner said this subdivision is split between the City and the County utility service area. He said Sawmill is on City water and a septic system. The County has just put through sewer and water along Clarcona Ocoee Road. It is his understanding however that they County either has or is about to have an agreement with the City by which the City will swap that property back to the County and gain some other properties back that make more sense. He said that Staff believes that this will all be water and sewer from the County. Member McKey suggested posting signs noting closing times at park areas. Mr. Wagner said this would be a Public Works or Parks department matter. Commissioner Parker, 6748 Sawmill Boulevard, said that area is listed as retention/recreation and is currently on a list that is being studied by the City as to how much recreation they would want or allow to have or what it is appropriate for. She said they have not advertised it as a recreation area and she does not think that the residents of Sawmill want to advertise it as a City recreation area at this point. However, there is a study now being undertaken in regards to practice areas that this property and many other similar properties of Ocoee are being mapped out to see if they are appropriate for any such use. At this point she does not know if it will ever be used as a recreation area 7 Planning and Zoning Commission Regular Meeting February 28, 2001 although Sawmill does use it for their annual Easter egg hunt very successfully, and that is a good use for it in her viewpoint. Chairman Bond said she was not comfortable with the FEMA map situation because the Planning and Zoning Commission's decision will impact future residents of Ocoee. She understands there may have been an error and may be it can be corrected. She does not want another situation such as that which occurred on Peach Lake and Lake Moxie when houses were flooded and the residents had to live with it until the problem could be fixed. She expressed concern about the protection of future residents who would not have flood insurance because they would not need it if the map is changed. Mr. Wagner said the board had the option to approve only Phase 1 or to approve as recommended by Staff with a strong recommendation to City Commission as part of their review and approval to direct the City Engineering Department and Consulting Engineers to take a critical look at this. Addressing concerns about flooding at elevation 82', Mr. June suggested another condition that the finished floors cannot be below 82'. Member Mat thys. seconded by Member Miller, moved that Planning and Zoning Commission forward Project No. LS -99 -016, Clarcona Crossings Subdivision Preliminary Subdivision Plan as date stamped received by the City on February 13, 2001, to the City Commission with a recommendation of approval including the proposed waivers subject to all conditions as outlined by staff, emphasizing Condition No. 46 and adding two additional conditions (as noted below): Condition No. 46 - "If the 100 year flood plain elevation is not revised as anticipated to accommodate the current design of the subdivision, a revised preliminary Subdivision will need to be reviewed and approved prior to submittal of a Final Subdivision Plan for Phase 2;" and Condition No. 47 - The Developer shall post signage and /or place temporary barricades that will require that all construction access related to development of the site to be from Clarcona Ocoee Road; and Condition No. 48 - The finished floor elevation for all lots within the subdivision shall be at 82.00' or above. Motion carried 6 -0. 8 Planning and Zoning Commission Regular Meeting February 28, 2001 Mr. June said he would be happy to meet with the residents to address their questions and concerns and Commissioner Parker advised that the Sawmill HOA would be meeting March 15. OLD BUSINESS None. OTHER BUSINESS None. COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:05 p.m. Attest: APPRO D: k fuk L.a4, ) .14 Avo4 7 L. Marian Green, Deputy City Clerk Pat Bond, Chairman 9