Loading...
HomeMy WebLinkAboutP & Z - 08/14/2001 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, AUGUST 14, 2001 CALL TO ORDER Vice Chairman Landefeld called the meeting to order at 7:35 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Vice Chairman Landefeld, Members Golden, Matthys, McKey, Miller (arrived 7:38 p.m.), and Rhodus. Also present were Planning Director Wagner, Senior Planner McGinnis, Senior Planner Dyson, Chief Assistant City Attorney Cookson, and Deputy City Clerk Green. ABSENT: Chairman Bond, Members Christoefl and West. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Joint Workshop of Ocoee City Commission and Planning and Zoning Commission held on Tuesday June 12, 2001. B. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, July 10, 2001. Member Rhodus, seconded by Member McKey, moved to accept the Consent Agenda as presented. Motion carried 5 - (Member Miller had not yet arrived.) NEW BUSINESS CENTER LAKE: PUBLIC HEARING ANNEXATION - CASE NUMBER AR- 2000 -11 -01 REZONING - CASE NUMBER AR- 2000 -11 -01 Senior Planner McGinnis presented a combined staff report for the applications to annex and rezone the 38.62 acre tract located north of Clarcona -Ocoee Road and the West Orange Trail, east of Hobson Road. The proposed zoning is R -1AA and the subject property is proposed to be developed as a single family subdivision. On March 19, 2001, the DRC recommended approval of the annexation request subject to execution of an Annexation Agreement. The Annexation Agreement will include the following items: Planning and Zoning Commission Regular Meeting August 14, 2001 • Dedication of 4.74 acres of property adjacent to Hobson Road, north of Clarcona Ocoee Road and the West Orange Trail, for the future extension of Clarke Road. • The right to retain stormwater runoff from the extension of Clarke Road and the future development of the property, subject to obtaining all governmental permits and approvals. • Provide for the design, engineering, permitting, and construction of the easterly two lanes of the proposed 4 -lane Clarke Road Extension. • Address the possible acquisition of the subject property for a future City Park should the City be awarded a Florida Communities Trust grant. Ms. McGinnis said the applicant has requested rezoning from Orange County A -1, Citrus Rural District, to Ocoee R -1AA, Single Family Dwelling District, and noted that the requested rezoning is consistent with the Low Density Residential land use designation. Staff finds the proposed annexation to be consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. Staff also finds the R -1AA zoning consistent with the JPA Agreement, the Comprehensive Plan, the Land Development Code, and surrounding land uses and zoning. Staff recommends approval of the annexation, subject to the execution of an Annexation Agreement, and approval of the rezoning. The public hearing for the annexation was opened. As no one wished to speak, the public hearing was closed. Member Golden said the acreage that is to be dedicated adjacent to Hobson Road is 4.58 acres in the staff report while 4.74 acres was mentioned in the meeting. Ms. McGinnis said 4.74 is correct, as they realized the acreage needed to be changed after the staff reports were prepared. Member Golden said he did not see the future City Park listed in the recreational plan. Ms. McGinnis said 12 Neighborhood Service Areas were identified in the Parks and Recreation Master Plan and the park would fall within one of those areas as a need for a future park. She said the owner felt the property was ideally suited for a park due to its proximity to the West Orange Trail. She also said the owner had been extremely helpful with the application. Member Matthys asked what lies north of the site. Ms. McGinnis said there are some houses scattered along a cold asphalt road and Trout Lake is to the north of that. Member Rhodus asked if the annexation and rezoning are approved as requested, and the City receives the grant for the park, if the City would buy the property. Ms. McGinnis said if the City is awarded the grant, the grant funds would be used to 2 Planning and Zoning Commission Regular Meeting August 14, 2001 purchase the property as a park and then it would not be developed as a subdivision. Ms. Rhodus asked if either option would be financially acceptable to the owners and Ms. McGinnis confirmed that either would be. Planning Director Wagner said the developer, Mr. Richard Gonzalez, of Center Lake Properties, has been extraordinarily helpful in working with Staff on the future extension of Clarke Road and on the Annexation Agreement. He introduced Mr. Gonzalez and thanked him on the City's behalf for doing a "bang up job." Member Matthys asked if the Clarke Road extension has been designed. Mr. Wagner said a Clarke Road extension study had been completed by Dyer, Riddle, Mills & Precourt, Inc., a City consultant. The design is not final but the alignment has been pretty well established. The route will extend from the existing Clarke Road on a straight line to the existing Hobson Road, then will utilize most of the existing Hobson Road right -of- way. From the north end of Hobson, it will veer around Trout Lake, eventually ending on property to the north which is also owned by this developer. Mr. Wagner said they have also discussed dedicating right -of -way for the north end of the road at McCormick for an additional segment of Clarke Road. As had been recommended by Staff, Member Matthys, seconded by Member McKey, moved that Planning and Zoning Commission forward to City Commission with a recommendation of approval the Annexation Petition for the Center Lake Property, Case No. AR- 2000- 11 -01, subject to execution of an Annexation Agreement. Motion carried 6 -0. The public hearing for the rezoning was opened. As no one wished to speak, the public hearing was closed. As had been recommended by Staff, Member Matthys. seconded by Member jugKey. moved that Planning and Zoning Commission forward to City Commission with a recommendation of approval the proposed rezoning from Orange County A -1, Citrus Rural District, to Ocoee R -1AA, Single Family Dwelling District, for the Center Lake Property, Case No. AR- 2000- 11 -01. Motion carried 6 -0. BROOKESTONE, PHASE 3, FINAL SUBDIVISION PLAN, PROJECT No. LS -2000 -009 Senior Planner Dyson presented the staff report for the proposed Final Subdivision Plan for Brookestone, Phase 3. The entire Brookestone project includes three phases on 133 acres located on the west side of Maguire Road, south of Tomyn Road. Phases 1 and 2 of the Brookstone project are under construction. Phase 3 as proposed will include 92 3 Planning and Zoning Commission Regular Meeting August 14, 2001 single family units on approximately 40 acres. The existing zoning on the site is both R- 1A (55 lots) and R -1AA (37 lots). The proposed minimum lot width is 75 feet. On August 7, 2001, the DRC voted unanimously to recommend approval of the project, subject to two conditions of approval. Ms. Dyson concluded with Staff's recommendation for approval of the revised plan dated August 9, 2001, pursuant to the two Conditions: 1. That prior to plat approval for Phase 3, the City will require an affidavit of ownership for intervening lands located near the western entrance of the subdivision, or unused right -of -way for the planned Tomyn Road realignment. 2. That the islands at the Tomyn Road entry shall be moved 20 feet eastward (away from the road ROW), to account for an appropriate entry design and adequate stacking room prior to final design and construction of the secondary entry. Charlie True, P.E., of Donald W. McIntosh Associates, Inc., 2200 Park Avenue North, Winter Park, 3279, the engineer for the project, was present to answer questions for the developer. Member McKey suggested adding a path or bikeway to the Plan so children will have more direct access to the recreation area. Mr. True said the layout is that which was approved as part of the Preliminary Subdivision Plan, but the developer would be happy to discuss the matter with Staff. Mr. True cautioned that creating pathways and bikeways along retention ponds, open drainage ditches, and wetlands could create more liability than there would be in the proposed Plan. Mr. Wagner said he does not know of a practical way that they could add it at this point, and they really are not required to do so. Member McKey asked if the name of the road is Tomyn Road or Heller Boulevard. Planning Director Wagner said it is Tomyn Road, as the name has been changed since the initial Subdivision Plan. He said street names are more closely addressed at the time of platting. Mr. True said the name of the road had been changed at the request of the Tomyn family in the public hearing for Phases 1 and 2. Responding to a question by Member McKey, Mr. True said the brick wall runs along Tomyn Road south to the property line. In further response to Member McKey's questions, Mr. True confirmed that all lots are outside the 100 year flood line, and explained the history of the drainage ditch which connects the two wetlands to provide drainage in the area. He said it had been permitted 4 Planning and Zoning Commission Regular Meeting August 14, 2001 through the Water Management District. Mr. Wagner confirmed this had been in the original approval and said all the wetlands are in a drainage conservation easement, and there is a 25 foot upland buffer around all of the natural wetlands and around what is a wetland and a pond in the southwest corner. Mr. Wagner said they have followed the City's standard requirements on that. Member Matthys said he thought it was a very nicely laid out Plan, and he was glad to see it coming to its final stage. Member Golden asked if the inconsistencies in the landscaping plan had been worked out in DRC. Ms. Dyson explained the Condition of Approval requesting the islands to be moved back would take care of it. Chief Assistant City Attorney Cookson asked if that is a Condition that the developer has agreed to, and Ms. Dyson said that it was. He said, in that case, it is just a matter of changing the Plan. As had been recommended by Staff, Member. Matthys, seconded by Member Miller, moved that Planning and Zoning Commission forward Project No. LS- 2000 -009, Brookestone Phase 3, Final Subdivision Plan to the City Commission with a recommendation of approval subject to the conditions outlined by Staff. Motion carried �Q. ORCHARD PARK, PHASE 3, FINAL SUBDIVISION PLAN, PROJECT No. LS- 2000 -014 Senior Planner Dyson presented the staff report recommending approval of the Orchard Park, Phase 3, Final Subdivision Plan as date stamped received by the City on August 9, 2001. The site is zoned R -1AA, and is proposed for 65 single - family residential units on approximately 31 acres. The subject property is located south of Ocoee - Clarcona Road, east of Clarke Road and west of the existing Sawmill neighborhood. The site abuts Orchard Park Phases 1 and 2 (formerly known as Glenfinnan). The Prairie Lakes Subdivision will connect to Orchard Park Phase 3 via Grand Poplar Street. The Clarcona Crossings Subdivision, now known as Windstone at Ocoee, will provide a connected roadway system between Ocoee - Clarcona Road and Orchard Park. The proposed minimum lot size is 75 x 120 feet. The design of the project has incorporated protection of the 100 year flood plain around Lake Addah. The DRC reviewed this project on August 7 and voted unanimously to recommend approval. Member McKey asked about provisions for tree preservation on several lots having larger trees. Ms. Dyson said the developer had been asked to move Street D to the north 5 Planning and Zoning Commission Regular Meeting August 14, 2001 to reduce the number of trees to be removed in that area. Staff has asked them to do a tree save plan on those lots so that each lot would be cleared based on the final configuration of the house. Member Golden said he was also concerned that there appeared to be quite a bit of mass grading on the site. Kevin Kramer, civil engineer with Professional Design Associates, 3165 McCrory Place, Suite 100, Orlando, 32803, addressed the mass grading issue. He said around lots one through six, the southern portion of the site, they have proposed quite a bit of grading so it will match up well with the adjacent subdivisions. He said the areas where the trees exist are in the central area. He said they are very particular to make sure they are not disturbing the existing elevations. He said they have cut the roads deeper so that the subdivision lots can remain at natural grade, so as many existing trees as possible can remain. Member Matthys said he thought the Plan looks fine. Vice Chairman Landefeld commented that both Final Subdivision Plans look like very good Plans. Member Matthys, seconded by Member McKey, moved that Planning and Zoning Commission forward Project No. LS- 2000 -014, the Orchard Park, Phase 3, Final Subdivision Plan, as date stamped received by the City on August 9 2001 • the Cit Commission with a recommendation of approval. Motion carried 6 -0. OLD BUSINESS None. OTHER BUSINESS PARKS AND OPEN SPACE MASTER PLAN AND IMPACT FEE STUDY Planning Director Wagner said this is not a formal approval or public hearing. He said Staff is soliciting input on the Plan from Planning and Zoning members and will report their reaction and comments to City Commission. In response to a question by Vice Chairman Landefeld, Mr. Wagner said members should contact Ms. McGinnis if they have comments later. 6 Planning and Zoning Commission Regular Meeting August 14, 2001 Senior Planner McGinnis presented the staff report. She said the Plan and Report are the culmination of two years work by Planning Staff, including former Principal Planner Abra Horne. She said they had looked at a brief history of the City, its growth and changing demographics. They assessed the existing facilities and then tried to determine future needs based on the population projections and various standards that have been established by the Department of Environmental Protection through the outdoor recreation program. They coordinated with the Recreation Director on the types of fields that the City uses and those which are being requested. Through that they had derived the Master Plan. It will be used as the foundation for the Recreation Element and the update to that as part of the EAR based amendments which will be coming before P & Z later this year. It was also used as a basis for the impact fee study. Staff recommends altering the City's impact fees and this report also served as the foundation for that. Ms. McGinnis asked if members had any questions or comments. Vice Chairman Landefeld said, from the portion he has read, it seems like a very good plan, particularly the finance portion. Ms. McGinnis said the City will continue to seek grants to supplement the impact fees to cover the projected costs. Mr. Wagner said the companion impact fee study recommends a 100% impact fee because of the City's severe need for more parks. He said the 100% impact fee means the total cost will be split among all the future dwelling units that would be built in the City. In general, it serves as a very good guide for the parks program and it is a much more detailed plan than we have ever had. Member McKey said he thought it was excellent, he hoped Commission would approve it, and that the City could move forward with linear parks. Ms. McGinnis said having a plan adopted will greatly enhance the ability for the City to get monies in the future for these types of improvements. Vice Chairman Landefeld commended Ms. McGinnis for the product, and said he thought it was a very well thought out plan. Ms. McGinnis said it was a combined effort. Member Matthys asked if both standards driven and improvements driven methodologies were used in determining the fees. Ms. McGinnis said they had tried to use a combination of the two, but it would probably lean more toward standards driven. (Clerk's Note: Ms. McGinnis has advised that this should have been improvements driven rather than standards driven, and she will correct this in the next Planning & Zoning meeting.) The public hearing will be September 18. 7 Planning and Zoning Commission Regular Meeting August 14, 2001 Mr. Matthys noted that the City's impact fees were changing from the cheapest to the most expensive in the area. Ms. McGinnis said the increase is not out of line with that being considered by a couple other communities. She said when many communities had prepared their recreation elements and determined the associated impact fees in the nineties, they were using 80's census data. Since that time, data from the 1990 and 2000 census has been available to validate projections. Mr. Matthys said he thought it looked great, and is an excellent document. Member Golden said he also likes the Plan. He said he is in Neighborhood Service Area (NSA) 10 through which Shoal Creek runs. He said he thought the Shoal Creek area would be better protected if it became a park or greenway. Mr. Wagner said it had been identified in the Activities Center Plan, and this formalizes even further that it would be an actual preserve and bikeway, etc. Member McKey asked if having the study and subsequent approval by the City Commission would allow Staff to ask the developers for an option on property for the parks. Mr. Wagner said they had been successful in extracting land for some of these projects. He said many of these lands could not be developed because they are in the 100 year flood plain, and, in many cases, the developer wants to give up the land because he does not want to maintain it and have the liability for it. He said the formal plan would make discussion with developers about parks much easier for Staff. Ms. McGinnis said not only that, it is going to be further solidified and have more teeth once approved. And this will serve as the basis for the Recreation Element of the Comprehensive Plan so in that it will also have more teeth as well. Member Rhodus said she thought it was a very nice product, and that it was apparent a lot of hours work had gone into it. Member Miller seconded Member Rhodus' comment. Mr. Wagner said they had been looking for members' input and endorsement and he thought they had gotten that and would pass their comments along in the staff report to City Commission. He said if members had further comments, they should feel free to call Ms. McGinnis. Ms. McGinnis pointed out that after it has been formally adopted, anything major that had been overlooked could be incorporated in the Recreation Element of the Comprehensive Plan. 8 Planning and Zoning Commission Regular Meeting August 14, 2001 COMMENTS Member Rhodus said she was pleased to note that work is underway for the new Washington Mutual bank, where she will be working. She said they hoped to be open in the middle of December. Planning Director Wagner said it is his understanding that the Super WalMart has hired their contractor, so they anticipate the project will be underway within 45 to 60 days, if not sooner. ADJOURNMENT The meeting was adjourned at 8:29 p.m. Attest: APPROVED: ,� Mar Green, Deputy City Clerk Louis Landefbld, Vice hairman P tY 9