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HomeMy WebLinkAboutP & Z - 12/11/2001 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, DECEMBER 11, 2001 CALL TO ORDER Chairman Bond called the meeting to order at 7:07 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 Landefeld, Members Golden, Matthys, McKey (arrived 7:12 p.m.), Patterson, Rhodus and West. Also present were Planning Director Wagner, Principal Planner Lewis, City Manager Gleason, Chief Assistant City Attorney Cookson, Deputy City Clerk Green, City Engineer/Utilities Director Shira and Senior Planner Grimms. ABSENT: Member Miller (due to illness). CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 13, 2001. h.' m: - _ s •f•1s - •n. -. • M , • • t • -, • _ -, h- on - Agenda as presented. Motion carried 7 -0. (Member McKey had not yet arrived.) NEW BUSINESS HEAVENER SUBDIVISION PUBLIC HEARING PRELIMINARY SUBDIVISION PLAN - CASE No. LS -00 -010 Principal Planner Lewis presented the staff report for the proposed Preliminary Subdivision Plan for the 30.4 acre site located in the northwest quadrant of the SR 50 - Clarke Road intersection. The 3.3 acre parcel on the corner, which is known as the Ozanian Property, is not included in the Heavener property. The subdivision plan will include a total of six commercial lots with one lot facing SR 50, two lots facing Clarke Road, and three interior lots facing a private internal road. The internal road will provide circulation from SR 50 to Clarke Road, to the adjacent Ozanian Property and to the adjacent commercial property to the north. The western portion of the subject property (about 15.5 acres) is part of a large wetland area and will be a separate tract dedicated to the City. Planning and Zoning Commission Regular Meeting December 11, 2001 Member Mc Key arrived at 7:12 p.m. The subdivision improvements will include right turn lanes from SR 50 and from Clarke Road into the site at the point where the internal road meets those collector roads. Condition of Approval #58 describes an additional access point from Clarke Road which was not supported by the DRC. Mr. Lewis said a unique feature of this subdivision is that it will include some filling of an area below the 100 year flood elevation along the western portion of the site, with the required compensating storage volume provided. While this would normally not be permitted, since FEMA modified the 100 year flood elevation after the Plan had begun the review process, an exception was made. There will be no development below the 100 year flood elevation as it existed prior to the change (96.5), but they will be allowed to develop a portion of the area which is between the old elevation and the new elevation (101.0), as long as compensating storage volume is provided for that development. Mr. Lewis explained that the compensating storage will be provided by a stormwater pond they will build north of the site. The City currently owns and maintains a retention pond just north of the subject property. The developer has requested the City to enter into a Drainage and Stormwater Agreement to allow for an expansion of the existing retention pond so that other portions of this subdivision may also utilize the City pond. Pursuant to the Agreement, the developer will convey to the City additional property adjacent to the existing pond to accommodate the expanded retention pond which the developer shall construct at his expense. The City will continue to hold ownership of the entire expanded retention pond, but the developer, or the property owners' association, will bear the expense of maintenance of the entire expanded retention pond. It is anticipated the Agreement will be finalized very shortly and approval of this subdivision plan will also be deemed to be approval of the Drainage and Stormwater Agreement. Mr. Lewis said there will also be a Declaration of Easement which provides for cross access between the Heavener Subdivision property and the adjacent Ozanian Property using the private internal road. The City, the developer and the owner of the Ozanian Property have been negotiating a Declaration of Easement document which would provide for joint access over the private internal road as shown on the subdivision plan. It is anticipated that the Agreement will be finalized very shortly and it will be executed and recorded prior to platting the subdivision. Approval of this subdivision plan will also be deemed to be approval of the Declaration of Easement document. On November 20, 2001, the DRC reviewed the project, discussing at length some outstanding issues which were identified in a DRC staff report. Staff explained their concerns and the Applicant agreed to comply with almost all of the Staff recommendations. The Committee voted unanimously to recommend approval of the 2 Planning and Zoning Commission Regular Meeting December 11, 2001 Preliminary Subdivision Plan, subject to making the revisions to the plans as discussed in the meeting. Staff voted against, and the DRC recommendation does not include, Condition of Approval #58 on Sheet C -1 which provides for a right -in only driveway access from Clarke Road to Lot 1. That Condition also includes language about removing that access point at some time in the future. Mr. Lewis concluded with Staffs recommendation for approval of the Heavener Preliminary Subdivision Plan, with Condition of Approval #58 deleted, subject to execution of the Drainage and Stormwater Agreement and the Access Agreement, as date stamped received by the City on November 28, 2001. Assistant City Attorney Cookson had distributed copies of a letter they had received late this afternoon from the attorney for the Ozanian Property. It concerns a Declaration of Easement which provides cross access between the Heavener Subdivision property and the adjacent Ozanian Property. The Easement Agreement is currently being negotiated between the City, this developer's attorney, and the attorney for the Ozanian Property. The Ozanian's attorney indicated he was confident that the Easement Agreement will be resolved by next Tuesday, that they have no major issues with it, and will not be present to object to or to discuss that Easement Agreement. Mr. Lewis explained that the Agreement is confirming that the Ozanian property does have access through this road consistent with that previous Development Agreement. Planning Director Wagner spoke to the right -in access requested in Condition #58. He said the City's transportation consultant, Renaissance Planning, had looked at this and they were strongly opposed to creating a new driveway location that close to the existing cut. The public hearing was opened. Scott Gold, as H. Scott Gold, Trustee (owner of record), the applicant, spoke in favor of the Plan, including Condition of Approval #58 as presented. He explained his suggestion for a Deed Restriction on the sale of Lot 1 to allow a right -in only access from Clarke Road, and at such time as the Ozanian parcel develops, it would be an affirmative responsibility which the City can enforce as a third party beneficiary of the restriction. He said Lot 1 could never develop without access to Clarke Road in some fashion. The public hearing was closed. 3 Planning and Zoning Commission Regular Meeting December 11, 2001 Responding to a question by Member West, Mr. Lewis said that the internal road provides indirect access to Lot 1 from the rear. Mr. Wagner explained it would be difficult to remove the access once it was in place and pointed out the overriding concern for public safety. Member Rhodus agreed with Staff's safety concerns about the proposed right -in only access point. She suggested providing proper signage indicating directions to access the property as a solution. Responding to Vice Chairman Landefeld's concerns, Mr. Lewis explained the zoning for the entire site and surrounding parcels and said in the Final Plan they will do the best they can to save as many trees as possible. Discussion ensued about the proposed right -in only access point. Chairman Bond expressed serious major concerns about safety at several access points /cross cuts along Clarke and Silver Star and supported access from internal systems such as found in the Olympia PUD. She asked what we would like to have, and Mr. Wagner said typically a full access opening should be a quarter mile from an intersection. He explained the City has legal limitations concerning cross cuts along Clarke Road because of existing Developers Agreements. Member Matthys asked what signage is proposed. Mr. Lewis said it had not yet been addressed, but it could be done with the Final Plan after the Traffic Study is in place and sign constraints or issues for the turn lanes have been determined. Mr. Matthys supported Staff's recommendation to eliminate Condition of Approval #58, and said, other than that, he thought this would be a good development. Member Patterson said she was torn as she sees the safety concerns and property rights issues, but that safety needs to rule and she would support Staff. She asked if interconnectivity will be required between Lots 3, 4, 5 and 6. Mr. Lewis said because of regulations in Ordinance No. 99 -23 and the SR 50 Access Management in the Special Development Plan, all commercial parcels adjacent to each other have interconnectivity with cross access easements. Ms. Patterson asked that Staff encourage the applicant to place medians so that access was not winding and curving around. Member Golden asked if the compensating storage pond will meet the schedule for development of the internal lots. Steve Mellich, engineer, Mellich Blenden Engineering, Inc., said the plan for the modification of the existing City pond and the compensatory storage pond is a part of the 4 Planning and Zoning Commission Regular Meeting December 11, 2001 infrastructure of the subdivision so it will be built in advance of or concurrently with Kanes. The compensating storage pond is only required for Lot No. 5, which is the Kanes site. Member Golden asked about the Condition of Approval which permits 80% maximum impervious on the developable lots, rather than 70% impervious as provided for C -2 zoning in the Land Development Code. Mr. Mellich explained their stormwater calculations, and Mr. Wagner said the City encourages master stormwater ponds and the Code does provide for 80% impervious on individual lots that have a master stormwater system. Mr. Wagner said the project will easily meet the 70% requirement and will fall within the City's criteria. Scott Gold explained their plans for a buffer between the east line of the Hammocks and the west line of the Commercial. Member Golden said he likes the expansion of the existing stormwater pond and is primarily concerned about the schedule for the pond. Mr. Lewis said they will not sign off on the subdivision improvements as complete until the pond is done. Mr. Golden said he is concerned about paving high recharge soil, but the pond should compensate. He said he wants to see a specific tree protection plan including protection zones for trees as there are 50 40" trees on this site. Member McKey said he is concerned about loss of trees and supports staff on Condition of Approval #58, as he does not see that that entrance is necessary. He asked if the retention pond on Lot 5 is necessary, and Mr. Lewis explained that it is part of stormwater management for that lot and also for part of the internal road network. Mr. Mellich further explained the function of the ponds and also assured Mr. McKey they have really been working to save trees. Member McKey asked about the deed restriction on Clarke Road, and Mr. Gold explained why they had proposed it. Member West said if he lived in the Hammocks he would be very happy with what Mr. Gold is doing. As had been recommended by Staff, Memb Matthys. seconded by Vice C Landefeld, moved that Planning and Zoning Commission forward Case Number LS -00- 010 the H- .v• ner Subdivision Prelimina .division Plan to th- it ommissioners with a recommendation of approval subject to the deletion of Condition of Approval # 58 (ri • ht- in/right out temporary access), subject to execution of the Draina • e and 5 Planning and Zoning Commission Regular Meeting December 11, 2001 Stormwater A . reement and the Access A . reement as date stam • ed receive I b th- it on November 28, 2001. Motion carried 7 -1, with Chairman Bond votin' "No." Chairman Bond noted the letter from the attorney for the Ozanian property (Craig A. Minegar, Esq., of Greenberg Traurig, P.A.) which had been distributed in the meeting. She said she found it confusing, and it seemed to her they felt, because an agreement had not been reached, they were wasting their time coming to the Planning and Zoning Commission meeting, so instead they would just come to the Commission meeting. She said in the past Staff would have waited for the Agreement before bringing the project to P &Z. She said she was disappointed that they did not attend the P &Z meeting, she felt they had a responsibility with their project, and to have followed the Planning and Zoning Commission process through as a recommendation board to the City Commission. She said she was a little bit offended with them that they felt they were wasting their time by coming tonight. She concluded by noting her comments were on the record. Chairman Bond asked City Manager Gleason if we are trying to fast track these plans. City Manager Gleason said her question was very appropriate. He said there had been numerous discussions about at what level to bring some of these things to the Board. He said including the Heavener /Kanes and Prairie Lakes PUD - Tract "E" items on this Agenda was an effort on the part of staff to move them forward because they have been pending in the system for close to two years. He said this would not be a habit, but when discussions reach an impasse, the Board may see more matters where there are no recommendations or where the developer and staff have agreed to disagree. He said they had made progress in improving the internal system and this time next year the Board won't see a batch like this being rushed out before the holidays. KANES FURNITURE AT OCOEE PUBLIC HEARING PRELIMINARY SITE PLAN - CASE NUMBER LS -00 -011 Principal Planner Lewis presented the staff report for the proposed Preliminary Site Plan for Kanes Furniture. The site contains 3.6 acres and occupies Lot 5 of the Heavener Subdivision which is located on the north side of SR 50, just west of its intersection with Clarke Road. The property has frontage on SR 50 and access from the subdivision's internal road. A unique feature of this subdivision is that it will include some filling of an area below the 100 year flood elevation along the western portion of the site. That filling will occur in the southern and western portions of Lot 5. The required compensating storage volume for that filling will be provided off -site with the subdivision improvements by constructing a new retention pond on the adjacent property 6 Planning and Zoning Commission Regular Meeting December 11, 2001 to the north. Because of the fill that will be needed for this site, a retaining wall will be constructed along most of the southern and western edges of the lot. The foundation of the building itself will function as a portion of that retaining wall. The Preliminary Site Plan includes two waiver requests. One is related to the building setback on the west side and the other related to the parking requirement. The building setback waiver is requested because the western property line is adjacent to a wetland area, which will be dedicated to the City as a conservation area. The parking requirement waiver is requested because the developer feels that the very low parking demand of a furniture store does not justify building so many parking spaces that will never be used. Both of these proposed waivers are supported by Staff Based on an analysis provided by the applicant, 77 spaces should be adequate for this building as long as the use remains a furniture store. Consistent with the requested waiver, the applicant will execute a Declaration of Restrictive Covenant which will be executed and recorded in the Public Records prior to construction and which would restrict the property from being used for anything except a furniture store. On November 20, 2001, the DRC reviewed the project, discussing a variety of outstanding issues which were identified in a DRC staff report and an additional memo from the Assistant City Attorney. The concerns of Staff were explained and the Applicant agreed to comply with Staff recommendations. The Committee voted unanimously to recommend approval of the Preliminary Site Plan, subject to the changes outlined in the staff report, the City Attorney's comments and the discussion in the meeting. All of the changes requested have now been satisfactorily addressed in the plans received November 28, 2001. Mr. Lewis concluded with Staff's recommendation for approval of the Preliminary Site Plan for Kanes Furniture at Ocoee, including the two proposed waivers, subject to execution of the Declaration of Restrictive Covenant, as date stamped received by the City on November 28, 2001. Chairman Bond asked what would happen if the furniture store went out of business and the property were sold to a non - furniture store. Assistant City Attorney Cookson said the Restrictive Covenant would still be in place, therefore the property could not be used with the existing parking for anything other than a furniture store. A new furniture store would have to move in there or the building or the parking would have to be reconfigured to meet the current Code requirements. The public hearing was opened. As no one wished to speak, the public hearing was closed. Planning and Zoning Commission Regular Meeting December 11, 2001 Member McKey suggested new and creative ideas might include building some parking into the buildings to conserve space and avoid removal of so many trees. Mr. Cookson said that is a good point. He said this particular case is a creative solution. The alternative would be to require Kanes to include all of the 360 parking spaces which would not be used. This solution allows the furniture store to have the parking that they need but the City is protected from sale of the property resulting in a building with inadequate parking for a different use. Member McKey said he agrees with the proposed waivers and asked about filling in the 100 year flood plain. Mr. Lewis explained last year FEMA changed some of the 100 year flood plains by preparing new maps and new analysis. In this area the 100 year flood plain was changed from an elevation of 96' to 101'. Before that official change effective December 2000, this plan was in the process with this essential layout. It was not going into the flood plain as it was at that time. Since the change happened during the process, it was determined that in order to meet the City Code they would not develop below 96'. But they still would have to meet the water management district requirements for compensating storage for everything above that new 100 year flood elevation (101'). Member McKey said he does not like the decorative fence and suggested a new design. Member Golden said he agreed with the waivers and thinks it is a good plan. He said minimizing the parking on the site gives more open space and saves more trees. He suggested they should have been able to save the 48" oak tree. Member Patterson said she also agrees with the waivers. She asked how the number of parking spaces had been calculated and Mr. Lewis said the applicant had demonstrated based on other stores that this would be appropriate for this kind of a store. She asked about facade elevations and Mr. Lewis said some facade elevations had been provided early in the process and they were on file, if she should wish to look at them. He said Staff will be looking at them more closely with the Final, to make certain they meet City Code guidelines. Ms. Patterson said she would have liked to see the store set closer to SR 50 and the asphalt placed in the back. Mr. Lewis said the Code allows a building of this size to have the larger setback. Member Matthys said he agreed with Member Patterson's comments. He said he agrees with the waivers, would like to see an elevation at the Final, and thinks it is a fine plan. He said he hopes the elevation and design of the building looks better than just a square box on a piece of paper. Mr. Lewis said, as he understands it, it will look very much like the Kanes store in Casselberry. Mr. Matthys said he hopes they will have many windows along SR 50 and along Clarke Road. 8 Planning and Zoning Commission Regular Meeting December 11, 2001 Member West said he had no problem with the waivers and thinks it is a good plan. He asked if the 15 acres of wetlands which had been donated were useable for a park. Mr. Lewis said wetland could not be used. There is a 25 foot upland buffer between the wetlands and the edge of their property, and it is conceivable that there might be some kind of trail in the future in that part of the site. Member McKey asked if the sidewalk out front should not have a return out to SR 50 on the west side. Mr. Wagner said there is a very large ditch system there and, until SR 50 is widened, it would be extremely costly. He said this sidewalk will probably not be utilized for many years. When the roadway is widened the sidewalk could be brought out to whatever sidewalk was built along SR 50. If the sidewalks are not included in the beginning, the City ends up having to put them in later. As had been recommended by Staff, Vice Chairman Landefeld, seconded by Member Golden, moved that Planning and Zoning Commission recommend approval of the Preliminary Site Plan for Kanes Furniture at Ocoee, Project Number LS -00 -011, including the two proposed waivers, subject to execution of the Declaration of Restrictive Covenant, as date stamped received by the City on November 28, 2001. Motion carried 8 -0. RECESS: 8:33 P.M. - 8:47 P.M. DILL /RAVENSDALE PROPERTY PUBLIC HEARING PROPOSED REZONING FROM A -1 TO R -1AA - CASE NUMBER RZ- 2001 -03 -01 Principal Planner Lewis presented the staff report for the request to rezone 57.3 acres from A -1 to R -1AA. The subject property is located on the north side of Clarcona Ocoee Road, west of Hobson Road and south of Lake Sims. When this property was annexed many years ago it was understood that the A -1 zoning would be a "holding zone" until such time in the future services were available to allow the property to be developed at suburban densities (up to 4 units per acre). This rezoning to R -1AA has been requested to accommodate a future subdivision of single family homes. Mr. Lewis said the subject property is designated Low Density Residential ( <4 du /acre) on the City Future Land Use Map and on the Joint Planning Area Map. The proposed rezoning to R -1AA is consistent with the Ocoee Future Land Use Map and the Joint Planning Area Map, as amended. Therefore, Staff has determined that the proposed rezoning is consistent with Ocoee's (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) the Joint Planning Area Agreement with Orange 9 Planning and Zoning Commission Regular Meeting December 11, 2001 County; and (5) with the surrounding land uses and zoning classifications. He concluded with Staff's recommendation for approval. The applicant was present to answer questions. The public hearing was opened. As no one wished to speak, the public hearing was closed. Members West and Rhodus and Vice Chairman Landefeld said they have no problem with it. Member Patterson asked if a subdivision plan would be coming and Mr. Lewis said it would. She asked how the City takes into account school capacity as properties are rezoned. Mr. Wagner said Staff has been working with OCPS for the last four years. He said, as a matter of fact, they tout us as one of their model communities and that is evident by the number of schools that have been built. A new elementary school is going up in south Ocoee and another one is planned on Hackney Prairie Road that would serve this site. There also has been discussion in the vicinity of this site about another school. He said Ocoee is as far along as any community is on school planning with the Orange County School Board. Member West also pointed out the high school and elementary school planned for the Coke Property. Member McKey said there had been discussion about moving the West Orange Trail through or around this property. Mr. Lewis said that will be addressed in the subdivision plan. As had been recommended by Staff, Member West, seconded by Vice Chairman Landefeld, moved that Plannin. an. Z.nin• ommis ien r- ommen. as.roval of th- Dill /Ravendall Property rezoning of 57.3 acres from A -1 to R -1AA in Case Number RZ- 2001-03-01. Motion carried 8 -0. PRAIRIE LAKES PUD - TRACT "E" FINAL SUBDIVISION PLAN - CASE NUMBER LS -99 -008 Principal Planner Lewis presented the staff report for the proposed Final Subdivision Plan (FSP) for Prairie Lakes PUD, Tract "E ". He compared this plan to the originally submitted Preliminary Subdivision Plan (PSP) as approved November 2000. As proposed, this portion of the Prairie Lake PUD will include 60 single family residential 10 Planning and Zoning Commission Regular Meeting December 11, 2001 lots (on the northern portion of the site) and 106 townhouse lots (on the southern portion of the site), for a total of 166 units. The project is located at the southeast corner of the intersection of Clarke Road and Hackney Prairie Road. Recreation areas for the residents are provided in the plan, as well as a 5.44 acre park site (Tract J) on Hackney Prairie Road which will be dedicated to the City with recreation impact fee credit. Other features of the plan addressed by Mr. Lewis included a six foot brick wall along Clarke Road and Hackney Prairie Road, significant filling within the 100 year flood plain off -set by excavation to provide compensating storage, and anticipated extensive tree removal. On December 4, 2001, the DRC reviewed the project. Three departments had outstanding issues to discuss and the Assistant City Attorney had several comments to address which are identified in a memo dated December 3, 2001. The applicant agreed to work with the Attorney and to make appropriate changes as necessary to satisfy the Attorney's concerns. The Planning Department had five outstanding issues to discuss as set forth in a memo dated December 4, 2001: • Minor changes to plan to provide protection for more trees. (Resolved) • Provide concrete curbing along the driveways and parking areas within the townhouse portion of the subdivision. (Two issues) (Applicant does not agree.) • Provide proposed building elevation drawings. (Applicant agreed to bring them to P &Z and City Commission meetings.) • Provide building with minimum of 830 square feet of community meeting room space as required by Ordinance No. 2001 -19. (Applicant's attorney provided letter which was distributed in P &Z meeting presenting their arguments as to why this project should be grandfathered.) The Engineering Department has serious concerns about the design of the stormwater management system for the subdivision which are presented in a memo from PEC, the City's engineering consultant, dated December 4, 2001. The most serious issue involves the amount of compensating storage area provided by the Plan (not enough storage area), which could result in flooding problems during severe storm events. The applicant's engineer has provided a proposal to show how the compensating storage problem could be addressed by providing the necessary compensating storage on the park sites. Mr. Lewis said since the DRC meeting, there has been some further work on this problem, and the applicant's engineer will present the details of their proposal. What they have had to do is provide some extra area to take care of compensating storage for the filling they do. The proposal they presented would put some of that compensating storage area off -site, some of it in the park area (Tract J), some of it in an area that was dedicated to the City previously from Remington Oaks Subdivision as a park area. Their 11 Planning and Zoning Commission Regular Meeting December 11, 2001 proposal would require some excavation from the Remington Oaks site and from Tract J. As part of the DRC discussion, many of the issues have been addressed to the satisfaction of Staff. At the conclusion of the DRC meeting, the DRC voted 5 -2 to recommend approval of the Final Subdivision Plan, subject to the following conditions: 1. The legal conditions being resolved as listed in the Assistant City Attorney's memo. 2. The design of the stormwater compensating storage area meet the approval of both the Engineering Department and the Planning Department. 3. All of the remaining conditions listed by the Planning Department be addressed, except for the concrete curbing in the townhouse area which the DRC included in the motion as a recommendation supported by Staff rather than a condition of approval. Based on the recommendation of the DRC, the Staff recommends that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for Prairie Lake PUD - Tract E, subject to the following conditions: 1. The legal conditions being resolved as listed in the Assistant City Attorney's memo. 2. The design of the stormwater compensating storage solution meeting the approval of both the Engineering Department and the Planning Department. (This issue is still unresolved.) 3. Meeting all of the remaining conditions listed in the Planning Department memo, except that providing concrete curbing in the townhouse area is a recommendation supported by Staff rather than a condition of approval. Chairman Bond asked for the City Attorney's position on the letter received from the Applicant's attorney. Mr. Cookson explained the reason for the letter. He said the PSP for this project had been approved by City Commission in the same meeting in which Staff was directed to look into providing a Community Meeting Room, and the ordinance was subsequently enacted. The ordinance did not grandfather in any projects, it did not deal with plans already in the system. The developer's attorney has prepared this letter which we received today. He said their position is that since their PSP was approved prior to the adoption of this ordinance, that they should not have to fall within that ordinance. The City's legal department's position on this is that they are required to follow that ordinance, although they have not looked at the legal memorandum the 12 Planning and Zoning Commission Regular Meeting December 11, 2001 developer's attorney has prepared. City legal staff has not issued a legal opinion and are not going to do that until directed, since it was a City Commission directed ordinance. Mrs. Bond asked the time frame between the approval of Plan and the adoption of the ordinance. Mr. Lewis said the Plan was approved in November 2000 and the ordinance was adopted May 2001. Member McKey asked what amenity might be exchanged for a Community Meeting Room, as he thought that would be very important to the owners. Mr. Lewis said they have all the amenities required by the Code before this ordinance came into effect. Mrs. Bond noted in their letter that they are also making the same argument for the curbing. Mr. Cookson said it is a slightly different argument. The curbing argument is that it is not a Code requirement. The Planning Department's position is that there are a lot of things left out of the Code, it does not address everything, but the City has been consistent in requiring that in other multi- family projects. He said as Mr. Lewis mentioned, the DRC approved the Plan with the understanding that that was not a Condition of Approval, but that the Planning Department would make that recommendation to both the Planning and Zoning Commission and the City Commission. City Manager Gleason said this is an example of a clear difference of opinion on the part of the developer and Staff. There was disagreement among Staff about whether or not the Code spelled out the requirement. So the verbiage was chosen to recommend the curbing as a requirement rather than to require it as a condition. He said while there may be a legal technicality, it has been made clear to the developer that these are matters important to the City Commission. Mr. Gleason said, as to compensatory storage and the use of park space that has already been dedicated and set aside by others, he thought it would not be in the best interest of Staff to make a recommendation for or against. The Commission has to look at that overall Plan to see what park space is left, and what amenities or trade -offs there were. He said it was felt that this was a policy decision best deferred to Planning and Zoning Commission to make a recommendation and to the City Commission to decide from a policy standpoint. He said he thought it was better to agree to disagree and allow the projects to come to the advisory board and the City Commission. He thought it was best to bring it to the Board even though it was not the package they would normally like to bring to Planning and Zoning Commission. Chairman Bond said she would feel more comfortable if counsel had rendered an opinion on this. She said it has been her position that if we have an ordinance that is in place at the time a subdivision comes on line, then all conditions of approval must be 13 Planning and Zoning Commission Regular Meeting December 11, 2001 met. We cannot go back after the fact and require them to come forward for a new ordinance once they have already started developing their plans. She said, while she thinks it would be great to have a community clubhouse, she does not feel it is fair to require the developer to comply with legislation approved after the fact. She said she is not willing to support anything that would force them to comply with an ordinance that was adopted after the fact. Member West said the ordinances had not been adopted to hurt anyone, but to help deal with the shortage of meeting space in the area. He said the curbing would be an asset to the development. He said he thought this should be referred to the elected officials and the attorneys. Member Golden asked why this was not a public hearing and Mr. Wagner explained that the City Code does not require a public hearing for Final Subdivision Plans. He said FSPs do come before both Planning & Zoning and City Commission. He said in many other cities and local governments they do not come before P &Z, or even before the City Commission in some jurisdictions. Dave Schmidt, with Bowyer- Singleton & Associates, 520 South Magnolia Avenue, Orlando, was present as the representative for Ryland Homes. He said they had promised to bring a rendering of the townhomes product. Also, in regards to the compensatory storage issue, they had worked diligently with Staff and PEC on the drainage issue and PEC has agreed technically with the proposed compensatory storage issue as has the Engineering Department. He is aware they have not had full blessing from the Planning Department. He said both the Tract J area and the existing park area adjacent to their site would still be usable for parks. Member Patterson asked if they have elevations for the back of the townhomes that will be along Clarke Road. Mr. Schmidt said they have only front elevations at this time. Member Golden said he did not see how the Board could approve this project in this situation with the outstanding issues. He said he does not accept the compensating storage plan, and that the project should be designed to contain its own stormwater on site. He said they would have full benefit of the PUD density by taking City park land, and he thought it is not in the best interest of the City to dedicate City park land. Member McKey asked if there is to be a berm as well or just a wall. Mr. Lewis said it will be just a wall. Since the PUD provided for a landscaped berm or a wall, the City Commission put a Condition of Approval to require the wall. The details of that proposal were that the City Commission would pay in road impact fee reimbursement the difference between the cost of the landscaped berm and the wall. 14 Planning and Zoning Commission Regular Meeting December 11, 2001 Member McKey asked about protecting the eight foot wide path. Mr. Wagner responded that the City ownership extends from the inside of the eight foot top of the berm of the stormwater pond out to the lake. The homeowners association owns the actual pond. The City will own the eight foot strip. Member McKey said he agrees with the five conditions as recommended by Staff. He said he strongly supports the recommendations in Mr. Lewis's memo of December 4. Member Patterson said she felt it was not fair to require them to provide a community building, but does agree with Staff that the curbing is essential. She said this is what defines us from Orange County. She said she thinks the elevations along Clarke Road are important and that interconnectivity should be required. Mr. Schmidt said the townhomes are gated and the single family portion is not. He said there is pedestrian access. Member Matthys said he agrees with consistency, but he thinks part of that is having the final plan agree with the preliminary plan. He said he does not support requiring the community building. He said he thinks the compensating storage will be worked out eventually. He said the concrete curbing would be a good idea but he is unsure about the legality of enforcing it. Chairman Bond commented that the majority of the Board seems to feel that the community building should not be imposed on the developer. She asked Mr. Schmidt if they would be receptive to volunteering to add the curbing to help our community look nice. Mr. Schmidt said he would have to defer that to Ryland. Rob Rosen, attorney with Broad and Cassel, 390 North Orange Avenue, Orlando, said they do appreciate the time staff has spent on this project. As to the community clubhouse, he thinks Chairman Bond boiled it down very nicely. It is a matter of fairness. He said they think the same argument applies to the curbing. He said if they could walk out tonight with a resolution on the compensating storage and a resolution on the clubhouse, they would be willing to trade off the curbing for that. Vice Chairman Landefeld expressed concern about tree removal. Mr. Schmidt responded that in all the single family area that is not pond or road right of way there will be individual lot inspections to fit homes around trees in order to save as many trees as possible. He said they will save as many trees as they can in other areas as well. Mr. Landefeld stressed that the Codes were in place for the betterment of the City and he urged that the developer reconsider abiding by them. Mr. Schmidt responded that they 15 Planning and Zoning Commission Regular Meeting December 11, 2001 have gone along with the City's requests in many areas. In those areas where they are not complying, they believe they do not apply based on the wording of the Code. Mr. Landefeld said providing the curbing would help save lawns, and he was bothered by so many unresolved issues. Member Patterson said she would have no problem deferring the Plan back to Staff to get the engineering issue squared away. City Manager Gleason addressed the Board's concerns. He said there are a couple of issues that are going to be policy decisions which need to be resolved by the City Commission. He said Staff would be violating their roles if they set policy. Member Rhodus agreed the clubhouse should not be a requirement. She said the curbing would look better, but she does not know that it would protect landscaping. She thinks the homeowners association would address parking in yards. Member West said he thought the Board needed to make a recommendation to the City Commission and let the elected officials decide. Chairman Bond asked Member Golden for his opinion about the compensating storage issue. Mr. Golden said they are filling in the 100 year flood plain because the PUD anticipated that. With the current Code they would not be allowed to do that without a waiver. A third of this site is being filled in in the 100 year flood plain. To compensate for filling in that flood plain that would normally be there to store the flood in a 100 year storm event, they are digging out along Prairie Lake on the eastern part of their property and also they are asking to excavate a portion of their dedicated park and a portion of the dedicated park in Remington Oaks. It is not that the engineering calculations cannot work, but it is a policy decision to use a dedicated City park for their stormwater. He said it is a policy decision with which he does not agree. Member Patterson said she will support this plan as it is because it is a Final Subdivision Plan. She said in future she will be looking for interconnectivity with every subdivision plan, but, due to fairness, she will not make an issue of interconnectivity on this project. Following lengthy discussion, Chairman Bond, seconded by Member Patterson. moved that Planning and Zoning Commission recommend approval of the Final Subdivision Plan for Prairie Lakes PUD - Tract "E", Case Number LS -99 -008, with the following conditions: 1. Concrete curbing would be provided throughout the townhouse portion of the project. 16 Planning and Zoning Commission Regular Meeting December 11, 2001 2. Como ensatin ' stora ' e for tormwater would not be . ro ided on the lark sites - it should be provided on the project site. 3. This subdivision should not be re.uired to •rovide meetin. room space s.ecified in the recently adopted ordinance. 4. The 1- 'al conditions identified in th- Assistant Cit Attorne 's m•mo need to be satisfactorily addressed. 5. The remainin . items not relatin . to th- Communit Meetin . Room in th- Plannin Department comments would be addressed. Motion carried 6 -2 with Vice Chairman Landefeld and Member McKev votin' "No." OLD BUSINESS None. OTHER BUSINESS None. COMMENTS Mayor Vandergrift complimented the board members on the way they conducted themselves and shared several ideas for their consideration. • An ordinance related to mitigation (i.e. trees and space.) • A commitment of time when developers come in with their projects, such that, after a given period, projects would become subject to new ordinances that may have been passed. Member Patterson said she agreed with a time limit on development. • Change retention ponds to passive parks, adding trees and shrubs. Install fountains in wet ponds, so the neighborhood could use them as fishing ponds. • Recommends looking at brick streets for new subdivisions and commercial projects, thereby reducing impervious surface. Member Patterson said they are an excellent traffic calming device. 17 Planning and Zoning Commission Regular Meeting December 11, 2001 • Recommends that the Board recommend to City Commission that they set up a volunteer commission on trying to attach the City to the West Orange Trail. Member McKey commented on his efforts toward and his support for this goal. • Said he does not like walls, but if we are going to have them, make them as esthetically pleasing as possible. Suggests chain link covered with confederate jasmine or a stucco wall covered with ivy. • Make sure that all new subdivision are piped for gray water. Mayor Vandergrift concluded by wishing everyone Happy Holidays. ADJOURNMENT The meeting was adjourned at 10:37 p.m. Attest: APPROVED: k a/Wo..A , ) tti Q ti( ) - (i,! / it c Marian Green, Deputy City Clerk Pat Bond, Chairman 18