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HomeMy WebLinkAbout06-28-1995 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, JUNE 28, 1995 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:35 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Hopkins, Jones, Landefeld, and Rhodus. Also present were Planning Director Wagner, Planner Dow, Assistant City Attorney Formella and Deputy City Clerk Green. ABSENT: Member Miller and Alternate Members McKey and Williams. NEW BUSINESS LAKE LOTTA MALL PUD, LAND USE PLAN AMENDMENT - PUBLIC HEARING Planning Director Wagner summarized the staff report for the proposed substantial amendments pertaining to building heights, parking lot size, and project name. He explained in detail the three requested changes and staff recommendations for them. He concluded with the staff recommendation for approval of all three waivers. Present for Homart Development Company, the developers of the mall, were Mr. Jim Grant, Senior Development Director, Mr. Paul Montgomery, On -site Construction Manager, and Mr. Nor Ed Seikus, Assistant Vice President of Site Design. Mr. Grant presented Homart's request for: 1) Project name change from "Lake Lotta Mall" to "West Oaks Mall "; 2) Amendment of building height limitations from 45' to 52' maximum for building habitation and up to 72' for architectural features (non - habitable); and 3) Reduction in parking stall size in a number of selected areas of the parking lot from 9' x 18' to 9' x 14' with a 2' bumper overhang to accommodate the introduction of linear landscape planters. Mr. Grant said the mall building itself would fall within the 45' height requirement except for the center court atrium which would rise to a height of 72'. He noted that the roof design for the atrium had been changed to eliminate the clerestory (ring of light), but would include slivers of panels and a dome of glass. Those features would permit daylight to enter the atrium, would offer architectural interest, and would aid the survival of the landscaping. As the atrium would be 800' from Rose Hill and would be designed to emit a low light level, Mr. Grant said it should not impact the Rose Hill community. Mr. Grant said that projections on the Gayfers, Sears and Dillard's store buildings were also designed to exceed 45': Gayfers - 52', Sears - 57' and Dillard's - 54'6". Chairman Switzer asked if the peak of the center court would be a highly reflective surface and Planning and Zoning Commission Regular Meeting June 28, 1995 how it would appear at night. He asked, if it should become a problem, what could be done to tone it down so it would not be objectionable to the surrounding neighbors. Mr. Montgomery said the glass would be anti - reflective and Mr. Grant said the atrium would be lit at night from the floor with mellow light which could be adjusted if needed. Mr. Wagner pointed out the requirement in the Staff Recommendation for Condition of Approval #6 that "Any light emanating from building ... shall be designed to prevent adverse glare from affecting surrounding properties." Chairman Switzer opened the public hearing. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if the glass in the dome would be able to withstand hail and hurricane winds. Mr. Montgomery said it would be laminated glass, a safety glass, which would be designed to withstand hail. Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, 32818, said she was concerned that both day and night lighting from the 72 foot building projection might affect the Rose Hill development. She asked that trees might be arranged to shield the windows of the homes closest to the mall. She said that a guarantee about the lighting would make them feel better. Chairman Switzer closed the public hearing. Mr. Switzer asked if height restrictions in other City ordinances would be affected if the Board should recommend approval for the waiver of height restriction for the mall. Mr. Wagner said that waivers granted to the mall would be specific to the site and the project, similar to a Special Exception, and would not set a precedent as the mall was unique. Member Landefeld asked how many parking spaces would be affected by the waiver. Mr. Grant said 1,500 of the 5,500 spaces within the ring road would be 9' x 14' (or about 27 %). Mr. Landefeld supported marking the shortened spaces for compact cars and strictly enforcing the restriction. Mr. Wagner said the City Manager and the police were especially concerned about the enforcement issue, and that the City does not have an ordinance to restrict parking in compact car spaces. Mr. Grant said he did not believe it necessary to mark for compact cars as they had not done so in other malls. Member Jones asked why the clerestory windows were eliminated. Mr. Grant said it was due ,, 2 Planning and Zoning Commission Regular Meeting June 28, 1995 to a budget issue. Vice Chairman Bond said she has a problem with the shortened parking spaces as she believed the length of cars will increase. She also commented that women will want to park as close to the mall as possible. Member Rhodus was concerned about the percentage of parking spaces affected. Member Landefeld seconded b Vice Chairman Bond moved to recommend a I . roval of the re. uested substantial amendments to the Lake Lotta Mall PUD Land Use Plan as s s ecified in the following,: 1. Condition of Approval #6 to be amended to read as follows: "Building Heights - Building Hei . hts will not exceed fo -five feet for structures constructed on an ou . arcel provided. however that structures within the mall building itself may reach a maximum hei • ht of 1 52 feet for an ,onion of the buildin . used for human occu sane and 2 72 feet for an . ortion of the buildin . not used for human occu . anc . An li . ht emanatin from buildin . • ro'ections exceedin . 52 feet in hei . ht shall be desi . ned to • revent adverse glare from affecting surroundingproperties." 2. Waiver No. 1 of the list of "Waivers from Land Development Code Requested b the ``"' Develoler" to be amended b addin. the followin.: "Parkin. spaces ad'oinin. linear landsca.ed islands ma be reduced in size to 9' x 14' where a 2' bum,er overhan! is provided. These spaces will not be labeled in any way to restrict their use to compact cars only." 3. The •ro'ect name "Lake Lotta Mall PUD" shall be amended to be "West Oaks Mall PUD" and all • ro'ect • lans and submitted hereafter to the Cit shall utilize this name • • rovided however that this name char! a will not a I .1 to the Lake Lotta Mall DRI or any documents pertainins thereto. Further it is recommended that in connection with the • ro . osed amendments to the PUD the develo . er be re . uired to . rovide all administrative documentation determined to be necessa b the Cit Attorne to le. all effectuate these chan . es within the PUD Land Use Plan the Prelimina Subdivision/Site Plan the Develo . ment A. reement the Final Subdivision/Site Plan Processin s Agreement and an of eerplan or document affectin! the • ro Motion carried 6- 0. Recess: 8:20 - 8:25 p.m. Chairman Switzer reopened the meeting of the Planning and Zoning Commission as the Local '`. 3 Planning and Zoning Commission Regular Meeting June 28, 1995 r Planning Agency. TRANSMITTAL FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS - PUBLIC HEARING CASE No. CPA- 95 -1 -1 AND CASE No. CPA- 95 -1 -2 Planner Dow presented the staff report for the proposed Comprehensive Plan Amendments for the First Regular Transmittal of 1995. She explained the package of amendments consisted of five parts. The first Amendment (CPA- 95 -1 -1) would make the required changes to the Comprehensive Plan agreed to with Orange County in the Joint Planning Area (JPA) Agreement. Ms. Dow pointed out the affected properties on the map. In the first group of changes, summarized in "Table A," the Ocoee Future Land Use Map will be changed in accordance with the JPA. Other changes having to do with the JPA include text amendments to the Future Land Use Element and to the Intergovernmental Coordination Element. Maps in "Appendix A" were changed where appropriate to show the JPA boundary. The second Amendment (CPA 95 -1 -2), highlighted in "Table B," would correct Scriveners' errors to make the Future Land Use Map designation consistent with the zoning of the property. Planning Director Wagner explained that the project, which had been more complex than anticipated, should bring all the City's maps and policies up to date and provide a good base to build on in the future. Chairman Switzer opened the public hearing. Mrs. Estelle Sanders, 669 South Cumberland Street, appeared as a surrounding property owner, (for CPA -95 -1 -2.17, -2.18, -2.19 and - 2.22)and said that she wondered if her property was being changed. Ms. Dow had explained that the property was not affected in an earlier conversation and Chairman Switzer also assured her that the changes would not affect her property. Mr. Robert Kazaros, owner of property in unincorporated Orange County, (for CPA -95 -1- 1.06) stated his concern about a low density residential designation for 2.27 acres of his property. Mr. Wagner explained that the change would make Ocoee's map consistent with the County designation. He said that, while the zoning may need to be changed, it could not be changed under this procedure. He suggested three options to Mr. Kazaros. Mr. Deacon Jones, 651 L.F. Roper Parkway, (for CPA -95 -1 -2.21) spoke as an owner of business property (car dealership) at that address as well as adjacent property. He questioned the reason for a zoning change for his property. Ms. Dow explained that Mr. Jones owned property both inside and outside the affected property area, some of which was zoned light industrial and some heavy industrial. Ms. Dow pointed out the property on the map and Mr. Wagner explained that there was no zoning change for Mr. Jones' property. A land use map change was needed so that the zoning and land use would be compatible. fir• 4 Planning and Zoning Commission Regular Meeting June 28, 1995 low Mrs. Glenn Miller (Linda), 435 W. Franklin Street, Ocoee (for CPA -95 -1 -2.14) spoke regarding the zoning of their business property (Glenn's Paint and Body Shop) at that address. The Future Land Use Map (FLU) showed their property to be light industrial. The C -2 zoning for their property was erroneous as they had requested and were granted C -3 zoning in 1979. She requested that the change for the FLU Map be withdrawn so that it would remain light industrial. She asked also for an administrative change for the present zoning of their property from C -3 to light industrial to be consistent with the FLU Map. Chairman Switzer asked for staff recommendation. Mr. Wagner said the board could approve the proposed land use change to be consistent with the current zoning (C -3) or they could recommend that this change not be transmitted, that the land use map remain as it was. He said if the change were not transmitted, the City would be required at a later date to administratively rezone not only this property but also any other property in the light industrial classification. The affect on surrounding properties must also be considered. Chairman Switzer asked, if the land owner's request to withdraw from this transmittal were approved, what it would mean to them in the future, what it would cost to change it, and what would need to occur later on when they need to change the zoning. to" Mr. Wagner said that if the Planning and Zoning Commission and the City Commission chose to approve the owner's request, now that staff was aware of the discrepancy, the City would be obligated to make a change. The properties in that area would have to be administratively rezoned to be consistent with the map (I -1). There would be no cost to the owner. Mr. Wagner said the main issue was the intent of the Commission at the time the Comprehensive Plan was approved. He believed that the discrepancy was due to a map error and that a commercial classification had been the intent at the time the Comprehensive Plan was approved. The owner's present uses were permitted and are continuing to be permitted under commercial zoning. Chairman Switzer asked if it would be feasible to recommend holding this change in abeyance until the Millers have an opportunity to work with Planning staff to resolve their dilemma. Mr. Wagner said he would prefer that the Planning & Zoning Commission take action consistent with the staff recommendation with the further recommendation that staff research this map change prior to City Commission adoption and make a report to them as to the feasibility. Vice Chairman Bond said the C -3 zoning for the Millers' property allows all their current uses. She does not envision and would not support changing a current zoning from C -3 to industrial Now 5 Planning and Zoning Commission Regular Meeting June 28, 1995 along that corridor. Chairman Switzer suggested approving as presented and directing staff to complete additional research concerning the change for the Millers' property to allow the Millers to acquire more information so they can make a more informed decision. Mrs. Miller agreed and thanked Ms. Dow for all her patient assistance. As there were no further comments, the public hearing was closed. Chairman Switzer, seconded by Member Landefeld, moved to a . . rove staff recommendation with a sti I ulation to direct staff to com . lete additional research re. ardin . Ma s Chan. e No. CPA -95 -1 -2.14 odor to its ado . tion to recommend to the Ci Commission TRANSMITTAL of the Comprehensive Plan Amendments (Case Nos. CPA- 95 -1 -1 and CPA- 95 -1 -2) to the Florida Department of Community Affairs for their review and comment upon finding the Amendments to be consistent with the Ocoee _ Comprehensive Plan and the re I uirements of the JPA Agreement. Motion carried 6 -0. Chairman Switzer closed the Local Planning Agency meeting and reopened the meeting of the Planning and Zoning Commission. `416"" OLD BUSINESS: None. OTHER BUSINESS: None. COMMENTS Planning Director Wagner noted the following will be considered in the July 11th meeting: 1. Lake Lotta Mall PUD (West Oaks Mall) Final Site Plans Landscape Plans 2. Capital Improvement Program (CIP) ADJOURNMENT The meeting was adjourned at 9:45 p.m. �� ✓- i r arold S F �e , C man kaA £ LLJ Marian Green, Deputy City Clerk ,,, 6