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HomeMy WebLinkAbout09-12-1995 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, SEPTEMBER 12, 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, Miller (arrived 8:35 p.m.), Rhodus, and Alternate Members McKey and Williams. Also present were Planning Director Wagner, Planner Dow, Building and Zoning Official Flippen, Assistant City Attorney Formella and Deputy City Clerk Green. ABSENT: None. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, July 11, 1995. Member Landefeld, seconded by Vice Chairman Bond, moved to a s .rove the consent a' enda as submitted. Motion carried 6 -0. NEW BUSINESS SCOTTY'S OCOEE, PRELIMINARY /FINAL SUBDIVISION PLAN, PROJECT NO. 95 -003 — PUBLIC HEARING Planning Director Wagner presented the staff report explaining that Scotty's Ocoee sought to split off a portion of their tract, and in order to expedite the review process the City was processing the Preliminary and Final Subdivision Plans concurrently. The public hearing was opened. Mr. Dennis Wood, representing Scotty's Ocoee, was present to answer any questions. He said Scotty's had a prospective buyer for the outparcel which they wished to sell. The public hearing was closed. Vice Chairman Bond asked if the prospective buyer's plan for the site would require any special exceptions and /or variances as, according to her observations, development of the site would be "tight." Mr. Wagner agreed with her observation and said in a subsequent site plan review the parcel would have to meet all current codes for parking, setbacks, and stormwater retention. Member Jones seconded by Member Landefeld, moved to recommend ap e royal of the Scott 's Ocoee Preliminary/Final Subdivision Plan as date stamped received by the Cit on Planning and Zoning Commission Regular Meeting September 12, 1995 August 29, 1995. Motion carried 6 -0. LAKE OLYMPIA SQUARE - LAND USE /PRELIMINARY SUBDIVISION PLAN - FIRST AMENDMENT PROJECT No. 93 -009 - PUBLIC HEARING Planning Director Wagner presented the staff report, explaining that the developer was proposing a number of revisions to the Land Use /Preliminary Subdivision Plan to include (1) reconfiguration of the space within individual retail spaces, (2) a change to the common boundary line of lots 1A and 2A, (3) revisions to the construction phasing schedule, (4) minor modifications to the parking lot and driveways, and (5) the addition of more brick screening wall with landscaping along Olympus Drive as part of Phase III of the development. Assistant City Attorney Formella noted for the record that if Planning & Zoning Commission moved to approve the staff recommendation that would implicitly include the condition that it is subject to revision of the replat in order to accommodate changes in lot sizes and required easements. (Comment #27 under site data.) The public hearing was opened. Mr. Ron Henson, Design Service Group, Inc., representing The Miller Group, said the developer has specific tenant uses he wishes to accommodate, and 1.1 acres would be shifted from the Phase III area (lot 2A) into the Phase II area (lot 1A). Chairman Switzer asked at what point the developer proposed to build the screening wall. Mr. Henson said the wall would be extended when Phase III (on lot 2) was built by the owner /developer of that tract. Discussion ensued in which the members, especially Chairman Switzer and Vice Chairman Bond, said that they wanted the wall to be completed as had been the generally accepted intent at the time of original approval rather than that which had received actual formal approval. Mr. Wagner said this portion of the wall was never in any plan when it was first approved. Initially they were going to build the wall in two or three phases and all of that wall has been built. The developer has included the extension in this portion of his approval and it will be constructed in the Phase III portion of the development, but by a different owner. Chairman Switzer stressed that they wanted the wall to be built first when ever construction was done. Mr. Wagner suggested asking the developer if he would be willing to include that as a further 2 Planning and Zoning Commission Regular Meeting September 12, 1995 tftw condition on the site plan. He said that, based on what Mr. Henson has said, it would appear that is not an objection, and that it could be included as part of recommendation to City Commission, and should City Commission approve, it would be added to plan. Chairman Switzer asked the approximate length of this portion of the wall. Mr. Henson said it would be 350 feet. Scott Tupy, 613 Rich Drive, recommended considering a natural fence, such as foliage or trees to produce the same effect with less cost to the developer. The public hearing was closed. Member Rhodus asked how the board could add the stipulation since the owner /developer of Phase III was not present. Attorney Formella explained that all of the entities that are owners within the area covered by the Land Use Plan have sent in owners' affidavits which authorize Mr. Miller to be their agent and Mr. Henson has been engaged by Mr. Miller. Member Landefeld seconded b Member Jones moved to recommend a . . royal of the First Amendment to the Land Use /Prelimina Subdivision Plan of Lake 01 m . is S I uare as date stain . ed received b the Ci on Se I tember 8 1995 . er the Staff recommendation subject to the condition that the brick screenin. wall in Phase III shall be constructed •rior to Isso► commencement of an Phase III site develo I ment activities. Motion carried 6 -0. LAKE OLYMPIA SQUARE - PHASE II, FINAL SUBDIVISION /SITE PLAN - PROJECT No. 93 - 009 Planning Director Wagner presented the staff report recommending approval as included in his staff report dated September 8, 1995. Attorney Formella stated for the record that, similar to the Land Use Plan Amendment, there is also a condition on the face of the Final Subdivision/Site Plan which relates to it being subject to approval of the Land Use Plan Amendment and also subject to revisions to the Lake Olympia Square replat to accommodate the changes in lot sizes and required easements. (Condition No. 21 on the Plan.) Mr. Ron Henson, Design Service Group, Inc., representing The Miller Group, pointed out the additional retail space planned for the east and west wings of the shopping center. Mr. Scott Tupy, 613 Rich Drive, asked if this were an extra parcel and said he was concerned about keeping things looking the same aesthetically. Mr. Wagner said the parcel was already part of the shopping center, and the net result would be no change in trips, no changes in outparcels on the plan. 3 lopw Planning and Zoning Commission Regular Meeting September 12, 1995 As had been recommended by Staff, Member Rhodus. seconded by Vice Chairman Bond moved to recommend a. @ royal of the Final Subdivision/Site Plans for Lake 01 m . is S . uare Phase II as date stamped received by the City on September 8. 1995, subject to amending existing Sewer and Water Agreements. shifting reserved trips to the shopping center portion of the project and payment of appropriate concurrency- related fees prior to Final Plan a . .royal. Motion carried 6 -0. LAKE OLYMPIA SQUARE - SPECIAL EXCEPTION - CHILD CARE FACILITY IN "C -2" ZONING CASE No. 1- 4SE- 95:LAKE OLYMPIA SQUARE PARTNERSHIP - PUBLIC HEARING Planning Director Wagner presented the staff report noting the conditions of approval on the preliminary plan that should be a part of the approval, i.e., (1) place limits on the number of children occupying the facility, (2) provide for drop -off and pick -up of children only at the front of the facility, (3) establish specified hours for the operation of the facility, (4) establish specified hours for the operation of the outdoor playground area, and (5) provide significant landscape screening for the proposed outdoor playground area, as well as the changes to the existing Land Use Plan/Preliminary Subdivision Plan that are necessary to accommodate the facility. The public hearing was opened. Attorney Formella stated for the record that No. 11 on the face of the Preliminary Site Plan Now makes it subject to the Land Use Plan Amendment and the Final Subdivision Plan Approval. In addition, she recommended that the Board include in a motion, should members choose to recommend approval of staff's recommendation, a clause which specifically states that it is including the conditions of approval set forth thereon. It is not a Final Site Plan but it is provided in order to set up appropriate conditions. Mr. Ron Henson, Design Service Group, Inc., representing The Miller Group, said the daycare center is a 10,000 sq. ft. building area west of the Winn Dixie and has a 5,000 sq. ft. playground area to the rear that is enclosed. Mr. Henson said the developer has agreed to conditions requested by Staff. He submitted a list of property owners within 300 feet who approve the special exception for a child care facility at Lake Olympia Square and a petition which had been signed by residents of Lake Olympia Club who support the Special Exception which will allow for the approval of the Tutor Time Daycare facility at Lake Olympia Square. Chairman Switzer asked Mr. Henson to give a copy of the petition to the Clerk for the record. (Attorney Formella asked for clarification on what was being submitted, and Ms. Stacy Miller, of the Miller Group, responded as noted above.) Mr. Henson said a representative from Tutor Time was present to answer questions about their operation and what their program offers. 4 Planning and Zoning Commission Regular Meeting September 12, 1995 lour The public hearing was closed. In response to Member Landefeld's questions about the fence around the play area, Mr. Henson said a five (5) foot vinyl coated chain link fence was planned, landscaping inside of that, and that a parking area would be adjacent to the playground. Out of concern for the safety of the children, Member Landefeld suggested an increase in the height of the fence to six (6) feet. Vice Chairman Bond expressed concern about traffic, especially ingress /egress on Silver Star Road. Mr. Henson said these entrance access locations were specified by plat prior to this development, and that this development had to adhere to the specific location and number of access points shown on the site plan, with the exclusion of the one from Olympus Drive which was eliminated during the course of previous approval. He also said they have provided for a loading and unloading area with five minute parking spaces in front of the facility. (Member Miller arrived at 8:35 p.m.) Member Hopkins asked the reason for the cut back in hours on Saturdays to 10:00 a.m. to 6:00 p.m. Mr. Henson said Saturdays were not normal operating days for Tutor Time. Chairman Switzer said he had a hard time with placing children in a shopping center, as he felt there were too many hazards. He asked if there were someone present who could convince him otherwise. Ms. Tracy Horarden ( ?), who works for the headquarters of Tutor Time Child Care Systems, Inc., said she travels throughout the country setting up centers, hiring staff, training them, enrolling children, and talking to parents. She said out of the 65 sites that they have throughout the country, probably 80 % to 85 % of them are in in -line shopping malls. She said many parents find the location helpful as they can run errands in nearby stores before picking up their children. Mr. Switzer asked how many centers they have in the state of Florida and in what other states they are located. Ms. Horarden said they have about 42 centers in Florida and have them in Georgia, New York, New Jersey, Pennsylvania, Delaware, Illinois, Washington, California, and Texas. Mr. Landefeld said he was concerned about children in the parking lot. Ms. Horarden said their security process requires the parent or legal guardian to escort the children into the building. Chairman Switzer seconded b Member Miller for .0 . oses of discussion moved to recommend disa.'royal of the staff recommendation for the S , ecial Exce. Lion A..lication of 5 Planning and Zoning Commission Regular Meeting September 12, 1995 Lake 01 m . is S • uare Partnershi . . Motion failed 2-5. Member Rhodus asked the maximum age of the children, and Ms. Horarden responded up to the age of 5 years presently. Member Rhodus, seconded by Member Jones, moved to recommend au . roval of the Staff recommendation for the S ecial Exce • tion A • . lication of Lake 01 m' is S I uare Partnershi . • er the Staff recommendation to o . erate a Child Care Facili within Retail S . ace "F" in accordance with the Prelimina Site Plan as date stam • ed received b the Cit on Se. tember 8 1995 sub'ect to the fence for t he outdoor . la . round area bein . increased from five 5 feet hi. h to six 6 feet hi. h. Motion carried 5 -2 with Chairman Switzer and Member Miller votin "No. " CHINABERRY COVE ANNEXATION - CASE No. AR- 94 -12 -10 - PUBLIC HEARING Planner Dow presented the staff report for the proposed annexation of the 15.41 acre parcel located on the southeast corner of 17th Avenue and Clarcona -Ocoee Road (Lakewood Avenue). She indicated that they have had concerns from property owners both this evening and previously regarding stormwater drainage issues in the area. She said Staff feels that the City will be more diligent in pursuing and resolving stormwater issues because it is an area the City will have to deal with over the long term. If the property is not annexed, it would still have a number of impacts upon Ocoee's concurrency system and infrastructure. Chairman Switzer asked if annexation were approved and they later come in with PUD, would a second entrance be possible for fire and emergency. Mr. Wagner said the plans provide for emergency access from 17th Avenue. The public hearing was opened. Mrs. Christine Boothe, 1094 N. Lakewood Avenue, said she had no objections to the annexation but was very concerned that the development might cause additional stormwater drainage problems for the area. She was also concerned that 17th Avenue might be opened to thru traffic as she felt the dirt street could not handle the present traffic. Mr. Wagner said development plans for this project have been under review for many months and one of the major concerns of the City Engineer and consulting engineers have been numerous comments related to stormwater drainage. The drainage concerns have not been resolved and that is one of the reasons the PUD rezoning is not being considered at this time. (Vice Chairman Bond left the table briefly during this discussion.) Mr. Manning Spivey, 233 17th Avenue, owner of 660' along 17th, also expressed great 'tow 6 Planning and Zoning Commission Regular Meeting September 12, 1995 r concern about the stormwater drainage and its impact on 17th Avenue. Chairman Switzer assured Mr. Spivey that the drainage issues had to be addressed and resolved before the homes could be built. Planner Dow pointed out the Annexation Agreement which the owner will have to sign in order to have their annexation approved. She said zoning must be assigned before development can begin, and staff will not recommend approval of a PUD plan until all the stormwater issues have been resolved. Chairman Switzer said the public hearing before City Commission on these issues will be October 17th, and closed the public hearing. Member Miller said she was very concerned about stormwater issues and that she believed citizens had a better chance of having those issues dealt with if they were in the City than if they remain in the County. She was also concerned that the right -of -way on 17th Avenue would be wide enough to accommodate emergency vehicles. Ms. Dow said the right -of -way width now is 50 feet, but the City would require 60 feet. Mr. Wagner said the likelihood of using 17th Avenue for emergency access was remote. Chairman Switzer stressed that the Planning & Zoning Commission was very concerned about \r' and sensitive to the stormwater issue. Vice Chairman Bond seconded b Member Landefeld moved to find the a • • lication in Case No. AR- 94 -12 -10 to be consistent with: 1 the Ocoee Com•rehensive Plan 2 the Ocoee Land Develo • ment Code 3 local annexation criteria and 4 the JPA A. reement and to recommend that t h e 15.41 acre Chinabe Cove • ro • - located both south and east of 17th Avenue and Clarcona -Ocoee Road a.k.a. Lakewood Avenue be annexed b the Cit Commission sub'ect to the execution of the annexation a. reement which sti s ulates that no develo , ment ma occur until an Ocoee zonin. is assi' ned and the owner /develo •ers must dedicate the necessa ri. ht -of- wa and that staff address the stormwater concerns as •art of the development review •rocess. Motion carried 7 -0. Recess: 9:05 - 9:15 p.m. THOMPSON /STILL ANNEXATION - CASE NO. AR- 94 -09 -09 - PUBLIC HEARING MARSHALL FARMS ROAD, NORTH OF SR 50 Planner Dow, in the interests of time, directed attention to her staff report for the 2.14 acre parcel east of Marshall Farms Road and north of West Colonial Drive and said she would be happy to answer any questions members might have. ,,. 7 Planning and Zoning Commission Regular Meeting September 12, 1995 The public hearing was opened. As no one wished to speak, the public hearing was closed. Mr. Dale Still, 1824 Lakehill Circle, Orlando, one of the owners of the subject property, was present to answer questions. Chairman Switzer asked if a new private residence were being built on the property to the south of Mr. Still's. Mr. Still said the owner was remodeling the home which had belonged to Mr. Still's aunt and that he did not know what the owner planned for it. Member Landefeld seconded by Member Rhodus, moved to find the application in Case No. AR- 94 -09 -09 to be consistent with: 1 the_ Ocoee Comprehensive Plan. 2)_State and local annexation criteria. and (3) the JPA Agreement, and to recommend approval of the Thompson/Still Annexation Petition. Motion carried 7 -0. THOMPSON /STILL REZONING - CASE No. AR- 94 -09 -09 - PUBLIC HEARING 827 MARSHALL FARMS ROAD Planner Dow gave the staff report for the requested rezoning from A -1, Citrus Rural District (Orange County), to C -3, General Commercial District (Ocoee). The public hearing was opened, and, as no one wished to speak, it was closed. %m►' Member Jones, seconded by Vice Chairman Bond moved to find the iro . osed rezonin. to be consistent with: 1 the Ocoee Com . rehensive Plan 2 the Ocoee Land Develo s ment Code (3) the character of surrounding development and zoning patterns. and 4) the JPA A • reement, and to recommend that the 2.14 acre .arcel owned b Ms. Thom . son and Mr. Still at 827 Marshall Farms Road be rezoned from A -1 Citrus Rural District Orange Coun _ to C -3 General Commercial District (Ocoee). Motion carried 7 -0. JERNIGAN RESIDENCE ANNEXATION - CASE No. AR- 95 -06 -02 - PUBLIC HEARING NORTH OF SR 50, WEST OF TURNPIKE Planner Dow gave the staff report for the single family residence parcel of 4.438 acres located on the north side of S.R. 50, just west of the Florida Turnpike Interchange. She said the numerous development constraints noted in the staff report were incorporated in the Annexation Agreement. Mr. Jeff Douglas, 1869 Lee Road, agent on behalf of Mrs. Jernigan and Mrs. Wilson, was present to answer questions. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member Landefeld seconded b Vice Chairman Bond moved to find the a . • lication in Case Nor. 8 Planning and Zoning Commission Regular Meeting September 12, 1995 No. AR- 95 -06 -02 to be consistent with: (1) the Ocoee Comprehensive Plan, (2) the Ocoee Land Development Code, (3) Chapter 171, Florida_ Statutes and (4) the JPA Agreement, and to recommend that the Jernigan Annexation Petition be approved subject to the execution of the Annexation Agreement. Motion carried 7 -0. JERNIGAN RESIDENCE REZONING - CASE No. AR- 95 -06 -02 - PUBLIC HEARING 11715 WEST COLONIAL DRIVE Planner Dow gave the staff report for the application to rezone the 4.438 acre parcel from A -1, Citrus Rural District (Orange County), to C -3, General Commercial District (Ocoee). The public hearing was opened. As no one wished to speak, the public hearing was closed. Vice Chairman Bond seconded b Member Landefeld moved to find the a , . lication in Case No. AR- 95 -06 -02 consistent with: 1 the Ocoee Comprehensive Plan 2 the Future Lane Use Map: (3) the character of surroundin . and zonin . • attems and 4 the re ' uirements of the JPA Agreement, and to recommend approval of the initial zoning of C -3, General Commercial District as requested. Motion carried 7 -0. DISCUSSION OF SIGN ORDINANCE AMENDMENTS Building & Zoning Official Flippen said he would be glad to answer any questions members might have about the sign ordinance amendments which had been provided to %or Member Jones asked about the height of signs, as the City provides for 3 feet and the HBA wants an increase to 5 feet. Mr. Flippen said staff felt an increase to 5 feet would add to visual pollution. Vice Chairman Bond asked, referring to Section 8 -7, B (11), what could be included on a "temporary directional sign." Mr. Flippen said it could be a regular real estate sign with an arrow, address, etc. Ms. Bond asked if (17) should read "developer, builder and realtor temporary directional signs ... " Mr. Flippen said they had omitted real estate because realtors have homes all over, not just in the new subdivisions. Ms. Bond said some realtors are hired to do the marketing for an on -line subdivision as it was being built. Mr. Flippen said a realtor can have three signs for each individual home they have listed. Ms. Bond suggested that more control was needed for the "just-in-casers." Mr. Flippen responded that that was a good point. Ms. Bond also suggested that Section 8 -9, New Home Guide Signs, needed to be clarified to include realtors. Ms. Bond also pointed out that in the "Existing Code," page 18205, item "H," the 9 Planning and Zoning Commission Regular Meeting September 12, 1995 "removal of signs after consummation of sale" was too vague. There needed to be a time constraint after consummation of sale, and she suggested a week. Mr. Flippen said the amendments have to do strictly with City right -of -way. He said the existing ordinance addresses private property. Mr. Wagner said that the changes provided to the board were not meant to be a wholesale revision of the sign ordinance, they are only in reaction to items and issues that the Commission directed staff to address. He said the overall review of the sign ordinance would come as Ms. Dow reached that section of the Land Development Code. Member Rhodus said she was glad about the provisions for garage sale signs. Member Hopkins asked about the penalty if signs were not taken down. Mr. Flippen said the fees will be determined by separate resolution by the City Commission. Referring to Section 8 -10, Item F, Non - Profit, Member Miller asked why the maximum height allowed for non - profit should be different from others, and asked if fees were waived for them. Mr. Flippen said normally they are a little bit larger signs, and that the fees were waived. She asked if the City considered "non- profit" as defined by Federal Government for 501 -C3, or as defined by the state for sales tax. Ms. Miller suggested following the more strict state *iv guidelines, as she was concerned about revenue slipping away from the City. Mr. Flippen said the amendments had been reviewed by City Attorney Rosenthal, and Attorney Formella said she was not familiar with the draft, but the matter could be looked at further. Chairman Switzer, referring to Section 8 -7, Item B & C - Temporary Directional Signs, said he was concerned about the signs blocking the line of sight at intersections and the signs should be kept current and presentable, and that the developer should be required to remove them if faded or defaced. Mr. Flippen said restriction of view at intersections was addressed by the normal zoning code. Mr. Switzer suggested placing instructions on the back of garage sale signs, and said he liked the leniency and control on garage sale signs in amendments. Mr. Switzer also noted a typographical error in Item I - ".. paid iy the City" should be ". . .paid to the City." Member Landefeld asked how many garage sales signs will be allowed. Mr. Flippen said four (4) would be allowed, one on site and three within 1/2 mile. OLD BUSINESS - None. %iv 10 Planning and Zoning Commission Regular Meeting September 12, 1995 Nior OTHER BUSINESS - None. COMMENTS Planning Director Wagner said the City Commission has scheduled a meeting on the beltway in the Commission Chambers on October 10th, the next regular meeting date for Planning and Zoning Commission. Members discussed an alternate meeting date, and agreed upon Monday, October 9th if a meeting were needed. He also said he thought a second meeting in September would not be needed. There were no other comments from board members. Mayor Vandergrift thanked the board for their cooperation in changing their October meeting date to accommodate the Western Beltway Joint Meeting with Apopka, Winter Garden, Oakland, and Windermere, and invited members to attend. ADJOURNMENT The meeting was adjourned at 9:50 p.m. `a.► Pat Bond, Vice Chairman Q A A A o iA-Ei Marian Green, Deputy City Clerk 11