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HomeMy WebLinkAbout03-14-1995 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MARCH 14, 1995 Air CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:30 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. Chairman Switzer welcomed former alternate member Mrs. Glenda Hopkins as a permanent member on the board and Mr. Robert Williams as the new alternate member. PRESENT: Chairman Switzer, Members Hopkins, Jones, Landefeld, and Rhodus, and Alternate Members McKey and Williams. Also present were Planning Director Wagner, Assistant City Attorney Zelkowitz, and Deputy City Clerk Green. ABSENT: Vice Chairman Bond and Member Miller. CONSENT AGENDA The consent agenda consisted of acceptance and approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, February 14, 1995. Member Landefeld. seconded by Member Jones, moved to approve and accept the consent agenda as presented. Motion carried 5 -0. tow (Clerk's Note: Member Rhodus pointed out after the meeting that the February 14th minutes incorrectly listed her as present. A note has been inserted in those minutes to reflect that correction.) NEW BUSINESS Lake Lotta Mall - Clearing, Grubbing, Erosion Control and Mass Grading Plans A Portion of the Final Subdivision /Site Plan - Project No. 94 -011 Planning Director Wagner explained that while Final Plans were normally on the consent agenda, the mall plans were under new business because the plans had to do with the DRI, would be processed on an incremental "fast track" basis, and included issues such as trees and buffers which were of special concern to Planning and Zoning members. He explained that a formal Processing Agreement would precede approval of these incremental plans when presented for consideration by City Commission. The Agreement will protect the City and require that any work undertaken on an incremental basis will be at the developer's risk. Future incremental plans may include off -site roadway improvements and off -site drainage and utilities. Ultimately a complete set of Final Plans will come back to Planning and Zoning Commission for review and recommendation. Recess: 7:35 p.m. - 7:40 p.m. (The recess was called in order to rectify the sudden, blaring sound from the commission rr Planning and Zoning Commission Regular Meeting March 14, 1995 Now chambers' audio system. The malfunction was later traced to an apparent error during the videotape change for the Channel 16 telecast.) Mr. Wagner pointed out that the Plans specify tree preservation areas and detailed plans for the buffer wall adjoining Rose Hill. Two minor, technical stormwater issues need to be resolved with the permitting agency. The developer can proceed under the current permit while the modified permit is processed. Mr. Wagner advised that staff recommended approval of the Lake Lotta Mall Clearing, Grubbing, Erosion Control and Mass Grading Plans, being a Portion of Final Subdivision/Site Plans for the Lake Lotta Mall PUD as date stamped by the City on March 6, 1995, subject to the items in his Staff Report dated March 8, 1995. (Attached) Representing Homart Development Company, Mr. Paul Montgomery and Mr. John Kelly were present to answer questions. Chairman Switzer asked how the developer planned to minimize blowing dust on the Rose Hill neighbors. Mr. Montgomery responded that they planned to erect as opaque fence (six feet high, chain link with slats) along the border with Rose Hill and some of the vacant property before they begin to clear the property or move dirt. The fence should help keep down some of the dust. Member Landefeld commented that in their initial meeting P & Z members had asked if some additional trees near Clarke Road could be saved. The trees were not included in the fenced tree save area as shown on Sheet 12 of the Plans. He asked if it was decided not to save those trees. Mr. Montgomery said the tree protection area had not been enlarged from when members had seen it previously. The area to which Mr. Landefeld referred is three or four feet below Clarke Road and the grading would not allow those trees to be saved. Mr. Wagner said Mr. Jim Grant had agreed verbally to work with staff to save other trees where possible. Mr. Landefeld asked for clarification about the roadway to be built in the future by others as shown on Sheet 6. Mr. Montgomery explained that the roadway would be connected to the multi- family development on the north side of Lake Lotta. Member Rhodus said she was concerned about saving more trees if possible, and she trusted that staff had done whatever was necessary. Mr. Wagner said though some fences were up, staff had not had a formal walk - through yet. Member Hopkins asked about the reference on page 2 of the staff report "subsequent to the issuance of the SJRWMD Permit, the Developer has obtained additional information which is more current than the information which was used to obtain the SJRWMD Permit." She asked 'err 2 Planning and Zoning Commission Regular Meeting March 14, 1995 what type of information had been uncovered. Mr. Wagner said the additional information was primarily geotechnical data which showed some different groundwater elevations and soil types resulting in changes to some of the stormwater management ponds. The City Engineer and two consulting engineers have reviewed the stormwater management aspects and they now believe that the plans adequately protect Lake Lotta and will adequately handle all of stormwater management based on City and State Codes, but that will require a slight change to the permit. Mr. John Kelly said some recent borings had given more information. Alternate Member McKey pointed out that Note 20 on Sheet 1 permitted construction vehicles to access Clarke Road from White Road and asked that it be changed to prohibit their use of White Road. Chairman Switzer supported Mr. McKey's request. Mr. McKey asked for clarification of the specs to which Section 02270 referred on Sheet 3, Erosion Control Note No. 16. Mr. John Kelly, representing Homart and an employee of Post, Buckley, Schuh & Jernigan, Inc., the Engineer of record, said Section 02270 addressed dust control on site utilizing watering methods along with the silt fences and the other screening methodology. Mr. McKey asked if the tree dripline referred to on Sheet 3, Grading, Note No. 7 might be changed to "within two to five feet of dripline," if practical. Mr. Kelly said they would •► typically stay one foot beyond the dripline. Alternate Member McKey had several other questions about drainage and ponds on the site and was assured by Mr. Wagner that the Plans provided for construction retention ponds and that any drainage pond problems would be corrected in the field. Member Landefeld seconded b Member Jones moved to recommend a . . royal of the Clearin . Grubbin . Erosion Control and Mass Gradin . Plans . ortion of Final Subdivision/Site Plans for Lake Lotta Mall ,er staff recommendation sub'ect to revision of note 20 on Sheet 1 bein . revised to . rohibit construction vehicles from accessin . Clarke Road and /or the . ro'ect site from White Road. Motion carried 5 -0. (Attached for staff recommendation is Wagner's staff report dated March 8, 1995.) OLD BUSINESS: None. OTHER BUSINESS: None. 3 Planning and Zoning Commission Regular Meeting March 14, 1995 COMMENTS Planning Director Wagner noted the informational items provided in the packet: 1) The reason members were asked to return plans and procedure for doing so. 2) Presentation of plaque to Jim Swickerath in the March 7 Commission Meeting. 3) Memo about the next meeting scheduled for March 29 (fifth Wednesday) to consider two annexations and initial zonings, a rezoning, and possibly the capital improvements. He reported that work was continuing on the Comprehensive Plan Amendment for the JPA. In response to Chairman Switzer's question, he said it would be ready in about 30 days. Member Rhodus asked what would be done with the dirt from the mall site. Mr. Wagner said it will be balanced on site. No trucks would be moving dirt on/off site. Alternate Member McKey suggested: including minutes of City Commission meetings in P & Z packets; quarterly joint meetings of P & Z with City Commission to establish policy and discuss ways to improve decision making in the future; and giving input on a name for the mall. He also asked if P & Z members have a right to visit construction sites. Mr. Wagner responded only in an official capacity when accompanied by an official. Chairman Switzer said he wouldn't recommend site visits due to liability problems. er Chairman Switzer said to Mayor Vandergrift that he would like to see a joint meeting between the City Commission and the Planning and Zoning Commission at a workshop so they could learn what the thinking of the elected officials was and how their ideas compared with those of the P &Z. Such workshops had been helpful in past years. Chairman Switzer seconded b Member Landefeld moved to re . uest the schedulin . of a 'oint workshos for the Ci Commission and the Plannin. and Zonin. Commission. Motion carried 5 - Mayor Vandergrift agreed to having the workshop and will take their motion to the City Commission. He also welcomed the new member and alternate member and expressed his appreciation for the hard work of Planning and Zoning Commission members. 4 Planning and Zoning Commission Regular Meeting March 14, 1995 ADJOURNMENT The meeting was adjourned at 8:20 p.m. 'Harold Switzer, Chai M Green, Deputy City Clerk ATTACHMENT "CE TO MINUTES OF MAYOR • COMMISSIONER ` Ocoee PLANNING & ZONING COMMISSION MEETING S. SCOTT VANDERGRIFT Q i MARCH 14 1995 � COMMISSIONERS 7 � 44 ti 0 RUSTY JOHNSON � a t.1 I VT VENICE' PAULW.FOSTER 150 N. LAKESHORE DRIVE SCOTT A. GLASS (:** OCOEE, FLORIDA 34761 -2258 JIM GLEASON (407) 656 -2322 4f:4, � ■ CI Y MANAGER OF GOO ELLIS SHAPIRO HP-484 STAFF REPORT DATE: March 8, 1995 TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning SUBJ: Lake Lotta Mall Clearing, Grubbing, Erosion Control and Mass Grading Plans A Portion of Final Subdivision /Site Plans Project No. 94 -011 tla' ISSUE: Should the Planning and Zoning Commission approve a portion of the Final Subdivision /Site Plans for Lake Lotta Mall? BACKGROUND: In order to meet the proposed opening date of Fall of 1996, the developer of the Lake Lotta Mall intends to "fast- track" the project by seeking incremental approvals of Final Subdivision /Site Plans. This approach will permit the project to get under way much more quickly and allow many months of earthmoving work to commence while the remainder of Final Plans are being prepared. A formal Processing Agreement outlining the mechanics of this incremental review procedure will need to be approved by the City Commission and the developer prior to work commencing on the site. This Agreement will protect the City and require that any work undertaken on an incremental basis will be at the developer's risk. This in turn could require subsequent modifications to the Plans and work already accomplished on site depending upon the resulting review of the total Final Plans package. DISCUSSION: The initial submittal of Final Subdivision /Site Plans for the Lake Lotta Mall provide for clearing, primary site grading, and the construction of stormwater management ponds including a limited amount of piping. The Plans also specify where tree preservation areas are to be maintained during construction and depict detailed specifications for the screening walls adjoining Rose Hill. Due to Now The Planning and Zoning Commission March 8, 1995 Page 2 the expedited schedule, a number of stormwater permitting issues still must be resolved by the developer prior to proceeding beyond this initial stage of development. Additionally, an easement must be secured by the developer, and formal approval of the DRI Development Order and Comprehensive Plan Amendment must be secured prior to initiation of construction. Beyond these issues, the City staff and consulting engineers have reviewed the Plans in detail against the requirements of the Land Development Code and PUD Land Use Plan and found them in compliance. STAFF RECOMMENDATION: On March 7, 1995, the Development Review Committee voted unanimously to recommend approval of the Lake Lotta Mall Clearing, Grubbing, Erosion Control and Mass Grading Plans, being a Portion of Final Subdivision /Site Plans for the Lake Lotta Mall PUD as date stamped by the City on March 6, 1995, subject to the following conditions which shall be added to the General Notes on Sheet 1: 1. The Clearing, Grubbing, Erosion Control and Mass Grading Plans portion of the Final Subdivision /Site Plans are based on St. Johns River Water Management District Management and Storage of Surface Waters Individual Permit Number 4- 095 -D484 dated October 11, 1994 ( "the SJRWMD Permit "). Subsequent to the issuance of the SJRWMD Permit, the Developer has obtained additional information which is more current than the information which was used to obtain the SJRWMD Permit. Accordingly, the Developer shall promptly proceed to obtain a modification of the SJRWMD Permit based on the more current information ( "the Modified SJRWMD Permit "). Upon issuance of the Modified SJRWMD Permit, the Developer shall resubmit these plans to the City and make such revisions thereto as may be required in order to be consistent with and comply with the Modified SJRWMD Permit. The City will then review and approve, approve with conditions or disapprove the revised Clearing, Grubbing, Erosion Control and Mass Grading Plans submitted by the Developer. Prior to resubmittal, the Developer may proceed with development based upon these plans; provided however, that any development activities undertaken by the Developer prior to City action on such revised plan shall be at the Developer's risk. The Developer shall not be entitled to object to any requirements of such a revised plan on the basis that the Developer has proceeded in reliance upon the approval of this Plan. The City shall not approve any subsequent Incremental Portions of the Final Plan until the City has approved a revised Clearing, Grubbing, Erosion "Iwo Control and Mass Grading Plan as aforesaid. The Planning and Zoning Commission March 8, 1995 Page 3 2. The developer shall obtain an easement from Lake Lotta, Ltd. for that portion of the eastern backslope of Pond 110S which lies outside the property, said easement being in a form acceptable to the City. 3. The review and approval of the Final Subdivision /Site Plan is contingent upon the Comprehensive Plan Amendment, DRI Development Order, Rezoning, PUD Land Use Plan, Preliminary Subdivision /Site Plan, and Development Agreement becoming effective. RBW/emk cc: Ellis Shapiro, City Manager Paul Rosenthal, City Attorney Jim Grant, Homart Development Co. John Kelly, PBS &J Project File No. 94 -011 kI1r