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HomeMy WebLinkAboutPZ 06-10-2003 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, JUNE 10, 2003 AS LOCAL PLANNING AGENCY CALL TO ORDER Chairman Bond called the meeting to order at 7:05 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Bond, Vice Chairman Golden, Members Campbell, Keller, Landefeld, McKey and West. Also present were Chief Assistant City Attorney Cookson, Community Development Director Wagner, Planning Manager Lewis, and Deputy City Clerk Maxwell. ABSENT: Members Rhodus and Riffe, who were unexcused and also OCPS Representative Foltz. NEW BUSINESS FOREST TRAILS SUBDIVISION- PRELIMINARY SUBDIVISION PLAN PUBLIC HEARING PROJECT NO. LS -03 -002 Planning Manager Lewis presented the staff report for the proposed Preliminary Subdivision Plan for the Forest Trails Property which proposes 136 single- family residential lots on 62.2 acres located along the north side of Clarcona Ocoee Road about 1,000 feet west of Apopka - Vineland Road. The property is zoned R -1AA requiring minimum lot width of 75 feet and lot size of 9,000 sf. The site is covered with a mixture of planted pine trees, oak trees and other varieties of trees scattered around the property. The northern edge of the property abuts the West Orange Trail, and the western edge abuts a wetland area that is associated with Trout Lake, which will be covered by a conservation easement dedicated to the City. The surrounding land to the north and west is not in the City. It is undeveloped with Orange County A -1 zoning. To the east the land is also not in the City, and is also undeveloped, but with Orange County C -1 zoning. On the south side of Clarcona Ocoee Road, the property is zoned R -1AA in the City and is currently under construction as the Windstone at Ocoee Subdivision. The developer is requesting one waiver from the normal Code requirements to allow a block length greater than 1,000 feet, which would also allow a larger open space buffer along the West Orange Trail. This waiver was approved for the Windstone Subdivision. Planning staff supports this wavier request. In 1994, Orange County, the City of Ocoee and Battaglia Fruit Company entered into a %r Tri-Party Agreement that addressed certain issues related to this property in an effort to Planning and Zoning Commission Regular Meeting June 10, 2003 protect the Clarcona Rural Settlement Area from expanding urban growth. Recently an Amendment to the Tri-Party Agreement was approved and one of the requirements is for the Developer to notify prospective buyer(s) in writing and by visual display that the adjoining property to the east is zoned commercial. On May 27, 2003, the DRC reviewed the Forest Trails Preliminary Subdivision Plan and voted unanimously to recommend approval with minor changes, which have been incorporated on the plans date stamped received June 5, 2003. Mr. Lewis concluded with Staff's recommendation for approval of the Preliminary Subdivision Plan for Forest Trails Subdivision, as date stamped received by the City on June 5, 2003, including the requested waiver. The public hearing was opened. Kevin Krammer, with PDA, the engineer for the project, was present to answer questions. Board members asked several questions to which Planning Manager Lewis and Mr. Krammer responded. (Responses underlined). Would parking be provided for use of the West Orange Trail? The plan does not provide parking for the West Orange Tail. Would a tree analysis be done before any trees are removed/destroyed? A tree analysis would be done to preserve as many trees as possible. Can the county change the zoning for the land surrounding the subdivision? The county has the option to change the zoning for the land surrounding the subdivision. Is it necessary for the trees backing up to the West Orange Trail (Lots 15 -22) to be removed due to grading needs? There will be a 15 ft. undisturbed buffer provided along the trail. If an existing grade is lower than the top of the pond, areas will need to be filled in order to raise the grade and some trees will need to be removed in those areas. Will the lift station have fencing around it? Orange County requires lift stations to be fenced with a locked gate. Will the retention pond be fenced? The retention pond is a "dry pond" and will not be fenced. `'■r 2 Planning and Zoning Commission Regular Meeting June 10, 2003 The public hearing was closed. In response to questions regarding the removal of trees, Mr. Krammer said a final plan would show proposed trees to be removed. In response to questions regarding low areas to be filled, Mr. Krammer said lots 15 -22 and lots 39 -44 will need to be filled due to low areas. Mr. Krammer further stated a condition of approval is, if prior to receiving a Certificate of Completion, the Clarcona Ocoee Road widening project is not complete, the developer will be required to provide a left turn lane and a right turn taper into the subdivision. A public access easement will also be provided to the West Orange Trail, allowing pedestrian access through the subdivision to the trail. There will be a 6 -foot brick wall with appropriate landscaping along Clarcona Ocoee Road. Member McKey asked specifics of the Tri -Party Agreement that addresses the land to the east end of the property that is zoned commercial. Chief Assistant City Attorney Cookson stated that prior history has been that developers have not made prospective buyers aware of the surrounding zoning. As part *•• of the release of the easement on the east end, the sales office personnel must provide notification to prospective buyers of the zoning. As part of the Tri -Party Agreement Amendment, it is required of the developer to provide written notice to prospective buyers before they purchase lot(s) adjacent to the commercial zoned property. Chairman Bond stated she would like to see a written notice disclosure become part of the Contract Sale and Purchase on the lots that are compact and contiguous to the commercial property. Karen Spallina, Vice - President of E.H. Development, stated the disclosure document was intended to be a part of the Contract Sale and Purchase that would be signed by the seller and buyer(s). Vice - Chairman Golden, seconded by Chairman Bond, moved to recommend to the Ocoee City Commission approval of the Preliminary Subdivision Plan for the Forest Trails Subdivision, Project No. LS -03 -002, as date stamped received by the City on June 5, 2003, including the requested waiver, and to provide a Tree Preservation Plan (lots 15- 44). Motion carried 7 -0. %r 3 Planning and Zoning Commission Regular Meeting %. June 10, 2003 Community Development Wagner stated there will be an on site tour of the property, a survey will be done along the northern edge of the property, and a review will be done as to the impact to the trees in the low areas. OLD BUSINESS None OTHER BUSINESS Chairman Bond announced her resignation effective immediately due to moving out of the area. City Manager Gleason presented Chairman Bond with a City of Ocoee watch and the Ocoee City Commission will be ordering Ms. Bond an oak rocker or swivel chair. The board members wished Ms. Bond the best of luck. ADJOURNMENT The meeting was adjourned at 8:07 p.m. `*,,,, Attest: APPROVED: I -c-1, 0,1Aa Brenda Maxwell, Depu City Clerk P : • nd, Chairman Ito, 4