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HomeMy WebLinkAboutPZ 09-09-2003 `r. THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, SEPTEMBER 9, 2003 AS LOCAL PLANNING AGENCY CALL TO ORDER Vice - Chairman McKey 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: Vice - Chairman McKey, Members Campbell, Keller, Riffe, Sikora, Sills and West. Also present were Chief Assistant City Attorney Cookson, Community Development Director Wagner, Planning Manager Lewis, Principal Planner Grimms, Principal Planner James, and Deputy City Clerk Maxwell. ABSENT: Chairman Golden and Member Rhodus, who were excused. Vice - Chairman McKey introduced and welcomed new members Jim Sills and Vince Sikora. CONSENT AGENDA Star- Consent Agenda consisted of Item II A. A. Minutes of the Planning and Zoning Commission Regular Meeting held August 12, 2003. Member Keller, seconded by Member West, moved to approve the August 12, 2003, Planning and Zoning Commission Minutes as presented. Motion carried unanimously. OLD BUSINESS LIVING WATERS CHURCH - PROJECT NO. 1 -3SE -2002 — SPECIAL EXCEPTION Principal Planner Grimms presented the staff report regarding the Special Exception for Living Waters Church. The subject property is located approximately 100 feet east of the intersection of Kissimmee Avenue and McKey Street and on the south side of McKey Street. The parcel, 100' X 200' or 0.46 acres, has a building with several commercial spaces. The property adjacent to the east has a commercial structure and a residence behind it. To the west is a vacant parcel, where the Living Waters Church parks its bus. The property adjacent on the south side is the Ocoee Oaks Methodist Church. The property on the north side of McKey Street has a commercial building. The general area is a Planning and Zoning Commission Regular Meeting August 9, 2003 mixture of older homes, older commercial establishments, and vacant lots where there were residential structures. There is no existing commercial establishment in the immediate area that sells alcoholic beverages. The applicant has submitted the special exception application as required by the Ocoee Land Development Code, Section 4 -8 A (1). The special exception request is to permit a church to be built within the C -2 "Community Commercial District ". The applicant is proposing to operate a church in an existing four -unit commercial building on 0.046 acres. The paved parking lot has 17 angled parking spaces with one handicap space at the front of the building. Should the Special Exception be granted, the City Attorney recommends that the following conditions (which are similar to those required in connection with other Special Exceptions) be added to the Site Plan under a heading "Conditions of Approval". This Special Exception shall expire twelve (12) months from the date of approval by the City Commission unless a building permit is obtained prior to such date; such permit being for the construction of the proposed use authorized by the Special Exception. Further, upon issuance of the building permit, the Applicant (or its agent) shall diligently proceed in good faith to complete construction in accordance with the terms hereof. Failure of the Applicant (or its agent) to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission. Approval of this Special Exception does not authorize commencement of development. Prior to issuance of a building permit, it will be necessary to obtain site plan approval pursuant to the provisions of Article 1V of the Ocoee Land Development Code. Further, compliance with all other applicable provisions of the Ocoee Land Development Code shall be required. The Applicant shall make a good faith effort to obtain a Certificate of Occupancy for the use authorized by the Special Exception within six (6) months of issuance of the building permit. Should the use authorized by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the conditions of approval for the Special Exception, then said Special Exception may be revoked by the City Commission at its sole discretion. The Special Exception for use as a church shall be applicable only to the proposed Living Waters Church shown on the Site Plan for Special Exception and is not transferable to any other operator prior to issuance of a Certificate of Occupancy. `ire 2 Planning and Zoning Commission Regular Meeting August 9, 2003 The DRC voted unanimously to recommend approval of the Special Exception subject to the City Attorney's items being accomplished prior to the Planning and Zoning Commission meeting and subject to getting the letters of agreement. Staff recommends that the Planning and Zoning Commission recommend approval of the Special Exception for the Living Waters Church subject to the Conditions of Approval specified above by the City Attorney. Kimberly Brown, Project Manager representing Living Water Church was available to answer any questions. The public hearing was opened. Spencer Cross, 109 S. Lakeshore Drive, stated he is in opposition of the Special Exception because it puts limitations on his business located across the street. The facilities will not accommodate 200 people. Frank Litchfield, (address inaudible), stated his concerns regarding the availability of enough parking spaces for Living Waters Church. The public hearing was closed. Vice - Chairman McKey asked what the difference was between the old and new alcoholic beverage ordinance. Chief Assistant City Attorney Cookson stated the new ordinance allows certain establishes such as restaurants to be exempt for certain conditions. Discussion ensued regarding the alcoholic beverage ordinance. Ms. Brown stated there would be no active programs through the week, only on Sunday. Member West, seconded by Member Keller, moved pursuant to staff's recommendation approval of the Special Exception for the Living Waters Church subject to the Conditions of Approval specified by the City Attorney and to limit church services to Sunday only. Motion carried unanimously. NEW BUSINESS WEST ORANGE PROFESSIONAL CENTER — PROJECT #AR- 02 -07 -02 ANNEXATION, ANNEXATION AGREEMENT, INITIAL ZONING Terry James, Principal Planner presented the staff report for the Annexation & Initial Zoning for the West Orange Professional Center with an associated Annexation Agreement. 3 Planning and Zoning Commission Regular Meeting August 9, 2003 The property size is approximately 5.494 acres (total for the 3 parcels). The medical center located on the northern parcel was constructed in 1999 and the other center on the western parcel was constructed in 2001. The eastern parcel (Phase 3) is vacant and will be developed as a medical facility. There are no unique features such as "Floodplains /Conservation" land uses or historical /archeological site on this parcel. The parcel is located directly north of the Health Central Hospital on the north side of Clark Road and Colonial Drive, which is also located in an enclave. Annexation: Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The requested annexation satisfies the criteria The proposed annexation is also consistent with the Ocoee - Orange County JPA and as required Orange County has been notified of this proposed annexation and the City of Ocoee has received no comments as of the writing of the staff report. The proposed annexation is consistent with the Future Land Use Element of the City's Comprehensive Plan since it is a logical extension of the existing city limit. Staff considers this annexation both feasible and advisable and recommends annexation of these three properties; however, this annexation should be subject to the execution of an annexation agreement. 'err. Initial Zoning: The requested initial zoning is consistent with the future land uses on the Future Land Use Map and the JPA Land Use Map. The requested initial zoning of Community Commercial is compatible with the surrounding parcels as indicated. Staff recommends the initial zoning classification of Community Commercial. On July 14, 2003, the DRC recommended the annexation of the West Orange Professional Center (Phases 1,2, & 3) subject to the annexation agreement and various modifications to the site, which most changes have been incorporated into the plans, although a few minor items remain. Staff recommends approval of the annexation and initial zoning of Community Commercial (C -2) for these properties subject to the execution of an Annexation Agreement including the site plans, proposed waivers for Lot 3, and further subject to the flowing changes to the plans: • The access to the Eastern Roadway, as described in Section 7 of the Annexation Agreement, must be shown on the site plan at the rear of building #3; • The "wavier table" with the following information must accompany the wavier application: code section citation, code standard, proposed standard, and justification. This wavier table must be placed on the site plan. %o✓ 4 Planning and Zoning Commission Regular Meeting August 9, 2003 • If the monument sign for Building #3 does not need a wavier for its location, the Wavier #4 is not needed since the type, height, total square footage, and location are included in Section 5. D, of the Annexation Agreement. • The most recent site plan corrections are to be reconciled with the review comments from the Public Works Department and the City Attorney. The public hearing for the West Orange Professional Center Annexation was opened. Mr. Harb, representing the West Orange Professional Center thanked the City of Ocoee for working hard to bring this project into the City of Ocoee. Kermit Busher, 441 Vandergrift Drive, stated his concerns regarding the access road to the subject property and the increased traffic. The public hearing for the West Orange Professional Center Annexation was closed. Member Keller, seconded by Member Campbell moved to approve the West Orange Professional Center Annexation, subject to approval of the Annexation Agreement and to carry the public comments from the public hearing. Motion carried unanimously. The public hearing for the West Orange Professional Center Initial Zoning was fir.• opened. As no one wished to speak, the public hearing for the West Orange Professional Center Initial Zoning was closed. Member Rifle, seconded by Member Keller, moved to approve the West Orange Professional Center Initial Zoning according to staff's recommendation. Motion carried unanimously. TOWNS OF WESTYN BAY PUD — PROJECT NO. LS- 2000 -02, PUD ZONING/ LAND USE PLAN, PRELIMINARY SUBDIVISION PLAN Planning Manager Lewis presented the staff report for the Towns of Westyn Bay PUD. The Towns of Westyn Bay PUD includes about 18.3 acres and is located on the north side of Ocoee Crown Point Parkway, west of its intersection with Ocoee Apopka Road. The property was part of the Westyn Bay Preliminary Subdivision Plan, designated as a future multi- family development with R -3 zoning. The owner intends to develop the property as a private, gated townhome community with fee simple ownerships of the units. The proposed Planned Unit Development zoning and PUD Land Use Plan is intended to help provide a high quality townhome community, which will be an important addition to the larger Westyn Bay community. 5 Planning and Zoning Commission Regular Meeting August 9, 2003 The proposed PUD zoning allows up to a maximum of 172 units, which would result in a density of 9.38 units per acre. This zoning is consistent with the Westyn Bay Preliminary Subdivision Plan and Future Land Use Map for the City's Comprehensive Plan, which shows a High Density Residential designation for the subject property. This is intended to be a gated community, like the single- family portion of Westyn Bay, which will be part of the Westyn Bay mater homeowners' association. Ocoee Crown Point Parkway was designated as a four -lane road with left and right turn lanes into each of the adjacent developments. When Ocoee Crown Point Parkway was constructed for the first phases of the Westyn Bay single - family subdivision, only the two outer lanes and minimal turn lanes were constructed. One of the conditions in the original Westyn Bay Development Agreement indicated that, if they had not already been constructed prior to completion of the townhome development, the two interior lanes and all necessary turn lanes for this project must be constructed on Ocoee Crown Point Parkway along with the development of the townhome property. Therefore, before the Towns of Westyn Bay are ready to be occupied by any residents, Ocoee Crown Point Parkway will be a full four -lane road with all necessary turn lanes. The DRC reviewed the proposed PUD Zoning with the PUD Land Use Plan and Preliminary Subdivision Plan for the project on August 21, 2003. The DRC voted unanimously to recommend approval of the proposed PUD Zoning with the PUD Land Use Plan and the Preliminary Subdivision Plan, subject to making the changes agreed upon at the DRC meeting. The plans have been revised to address the issues that were discussed at the DRC meeting. However, one clarification to Condition of Approval #56 is needed on both plans. The last sentence of that condition should be replaced with the following sentence: The rear yards of all lots backing up to Ocoee Crown Point Parkway shall not have any structures or accessory structures, including screen rooms, built any closer that 10 feet from the face of the buffer wall. Based on the recommendation of the DRC, staff respectfully recommends that the Planning and Zoning Commission recommend approval of the PUD Zoning/Land Use Plan, and the Preliminary Subdivision Plan for the Towns of Westyn Bay PUD, as date stamped received by the City on August 29, 2003, subject to making the change to Condition of Approval # 56 as described above on both plans. Approval of the PUD Land Use Plan and Preliminary Subdivision Plan will also need to be subject to execution and approval of a Development Agreement. `%11• 6 Planning and Zoning Commission Regular Meeting August 9, 2003 Community Development Director Wagner clarified that there will be curbed driveways, upgraded landscaping, unfenced retention pond, lighting, and internal landscaping. Jay Diceglie, representing Towns of Westyn Bay, stated there would be approximately 175 town homes. Member West, seconded by Member Campbell, moved to approve the Westyn Bay PUD Zoning /Land Use Plan with upgraded sidewalks and according to staffs' recommendation. Motion carried unanimously Member West, seconded by Member Campbell, moved to approve of the Westyn Bay PUD Preliminary Subdivision Plan with upgraded sidewalks and consistent with staffs' recommendation. Motion carried unanimously. OTHER BUSINESS Chief Assistant City Attorney Cookson announced a seminar for board members would be held on the Sunshine Law and Public Records Law on October 27, 2003 at 7:00 p.m. ADJOURNMENT The meeting was adjourned at 8:55 p.m. Attest: APPRO ; ED: 47 • renda Maxwell, De uty City Clerk Rob Mc ey, Vice -Chaff an ``11tH 7