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HomeMy WebLinkAbout09-08-1998 MINUTES OF THE PLANNING AND ZONING COMMISSION r REGULAR MEETING HELD TUESDAY, SEPTEMBER 8, 1998 CALL TO ORDER The meeting was called to order by Vice Chairman Bond at 7:37 p.m. A moment of silent meditation was followed by the Pledge of Allegiance. A quorum was declared present. PRESENT: Vice Chairman Bond, Members Christoefl, Hopkins, Miller and Rhodus and Alternate Members Golden and McKey. Also present were Planning Director Wagner, Assistant City Attorney Formella, Senior Planner Horne and Deputy City Clerk Green. ABSENT: Chairman Switzer, Member Landefeld. CONSENT AGENDA The consent agenda consisted of approval of items A and B: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, July 14, 1998. B. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, %, August 11, 1998. Member Rhodus, seconded by Member Hopkins, moved to approve the consent agenda as presented. Motion carried 5 -0. NEW BUSINESS TEE PEE LUMBER EXPANSION - PRELIMINARY /FINAL SITE PLAN - PROJECT No. LS -98 -002 PUBLIC HEARING Planning Director Wagner presented the staff report for the proposed expansion of Tee Pee Lumber, a business which is located just west of Kissimmee Avenue and north of Maguire Road. He pointed out the significant features of the site and explained that, due to the unique nature of the site's location and shape, five waiver's from certain Land Development Code requirements have been requested. Those waivers have been identified in the Waiver table on Sheet L101 of the Site Plan. He said that staff supports all the requested waivers which may be summarized as follows: 1) Vehicle Use Area Landscaping - Additional landscaping in the interior of the parking area is constrained by the size of the site and the required truck turn- around space. 2) Right -of -way Landscaping - Existing adjacent railroad track and the pond at the southern corner of the site preclude adequate planting space. 3) Landscaping Abutting Adjoining Property - There is a major utility line located along *so the western property line which precludes landscaping along that line. To Planning and Zoning Commission Regular Meeting +,, September 8, 1998 compensate, additional trees have been shown along Kissimmee Avenue. 4) Landscaping Abutting Adjoining Property - There will be a new stormwater pond located along the northern property line. To compensate, cypress trees have been shown in the pond and additional trees have been shown along Kissimmee Avenue. 5) Stormwater Pond Setback - Moving the existing stormwater pond at the southern corner of the site is not feasible. Mr. Wagner said that staff recommends approval subject to the five waivers and to the receipt of a cross access easement document with the adjacent property which is to be accepted by the City Attorney prior to the City Commission meeting. The public hearing was opened. Four citizens from the surrounding neighborhood spoke: Former Commissioner Rusty Johnson, 21 Delaware Street Ms. Teri Harrison, 405 South Cumberland Avenue Ms. Kerri - Ann Hayes, 409 South Cumberland Avenue Mr. James Nelson, 407 South Cumberland Avenue They expressed concerns regarding noise and the visual unattractiveness of the existing site and retention ponds. Mr. Steve Akerman, Owner's Authorized Agent and General Manager of Tee Pee, said he hopes the noise will be reduced by what they want to do. He said they would be closing the existing entrance when the expansion is completed. Mr. Dan Homblette, of Boyle Engineering, one of the consultants for the design of the facility, explained their constraints and said that the entire front of the building facing Maguire will be landscaped. As no one else wished to speak, the public hearing was closed. After lengthy discussion in which members expressed concerns similar to those voiced by the citizens and considered possible options to address them, Member Rhodus, seconded by Member Christoefl, moved to recommend approval of the Preliminary /Final Site Plan for the Tee Pee Lumber Expansion (Case No. LS -98 -002), as date stamped received by the City on September 3, 1998 subject to receiving the signed easement document, which is to be accepted by the City Attorney, prior to the City Commission meeting, and further subject to the five waivers listed above (as had been recommended by staff) and further recommended that the City Commission require additional landscaping along Kissimmee Avenue and /or a wall to create a better noise and visual buffer. Motion carried 5 -0. 2 Planning and Zoning Commission Regular Meeting September 8, 1998 WESTRIDGE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CASE NO. SSCPA -97 -003 PUBLIC HEARING (ACTING AS LOCAL PLANNING AGENCY) WESTRIDGE PUD LAND USE PLAN AMENDMENT - PROJECT No. 91- 002A(97) - PUBLIC HEARING As the Small Scale Comprehensive Plan Amendment and the Land Use Plan Amendment to follow were related, Senior Planner Horne asked if it would be permissible to present both staff reports prior to the public hearings to assist the audience in understanding the issues. Members concurred. Senior Planner Horne presented the staff report for the Small Scale Comprehensive Plan Amendment for the proposed change to the Future Land Use Designation from Low Density Residential to Commercial for the 9 acre parcel situated on the southeast corner of Maguire and Moore Roads. She pointed out that the change applies only to the 9 acre portion of the 76 acre parent tract of the adopted Westridge Planned Unit Development (PUD) Land Use Plan. She said that the PUD is approved for 245 units of low density single family development. Mrs Horne pointed out the site on the location map and described the characteristics of and explained the background issues for the surrounding area. She concluded with Staff's recommendation to find the request to be consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) surrounding land uses and to recommend approval of the requested future land use designation change. Planning Director Wagner presented the staff report for the proposed amendment to the currently approved Westridge PUD Land Use Plan. The current Land Use Plan includes only low density residential uses (245 units) along with appropriate recreation and wetland conservation areas. The proposed amendment would take 9 acres of the residential area, located at the intersection of Maguire Road and Moore Road, and change the use to commercial, leaving 214 units of low density residential. Mr. Wagner explained seven Conditions recommended by Staff which should be included on the amended Westridge PUD Land Use Plan before it is approved by the City Commission as follows: 1) That proposed additional right -of -way to be dedicated for 7 Avenue along the eastern edge of the site should not be identified as a tract, but simply identified as additional right -of -way. Accordingly, Condition 22 on Sheet 2 should read as follows (this Condition is consistent with the currently approved Westridge PUD: "The Developer will dedicate sufficient right -of -way to Orange County for a 60' wide 7 Avenue when combined with the existing right -of -way along the entire eastern boundary of the PUD. Dedication of Avenue right -of -way shall be required at the time of platting, or within 60 days of written notice from the City which ever occurs first. With the exception of roadway, utilities and sidewalks, 3 Planning and Zoning Commission Regular Meeting *t September 8, 1998 construction shall be prohibited within the proposed 7 Avenue right -of -way and the existing dirt road except as required to connect to Orange County's water and sewer systems." 2) That a second three -lane entrance to the development from Moore Road be provided to line up with the existing entrance to the Cross Creek subdivision (this Condition is consistent with the currently approved Westridge PUD). 3) That Condition 6 be revised to indicate generally what amenities will be provided in the Park/Recreation area. Accordingly, the Condition should read as follows (this Condition is consistent with the currently approved Westridge PUD): "To meet Ocoee PUD requirements, 3.0 acres to be owned and maintained by Homeowners' Association. Amenities to include clubhouse, tennis, pool and tot - lot, or other amenities approved by the City with the Final Subdivision Plan." 4) That the entry point to the commercial parcel off the main entrance road needs to be moved back to a point at least 400' from Maguire Road (this would be a full access point), unless a traffic study approved by the City determines that a lesser distance would be adequate. This would accommodate left turn lanes in both directions, for vehicles turning left into the commercial parcel and for those turning left onto Now Maguire Road. A right - in/right -out entrance to the commercial parcel could be located closer to Maguire Road. 5) That the note which refers to the 10 foot wall easement along Moore Road and 7 Avenue be revised to read: "...with 6' brick wall, rather than "...with 6' block wall." 6) That a 35' radius be provided for additional right -of -way at the intersection of Maguire Road and Moore Road (from the new Maguire Road line). This "corner clip" is needed to allow for a sidewalk and utilities to run around the corner. 7) That a pedestrian access point between the Westridge PUD and the adjacent property to the south be provided. Accordingly, a note should be provided indicating that the exact location of the access point will be determined with the Preliminary Subdivision plan for that portion of the site. The Orange County School Board is considering locating a school site in this vicinity and this pedestrian access will be necessary to allow school children to walk to school without going out onto the main streets. Mr. Wagner concluded with Staff recommendation for approval of the Revised Land Use Plan Amendment subject to the following Conditions: • That the developer satisfactorily address all the comments from the City Attorney in e rr 4 Planning and Zoning Commission Regular Meeting ,, September 8, 1998 the the memo from Martha Formella (dated July 29, 1998); • That all seven Conditions listed above be incorporated into the Revised Land Use Plan approved by the City Commission; • That the City Commission approve the Small Scale Comprehensive Plan Amendment currently being considered, which would change the designation of 9.0 acres of this property to commercial, and the ordinance becoming effective. • That the City Commission approve a new Developer Agreement which incorporates all the Conditions of Approval listed in the Revised Land Use Plan for the Westridge PUD. • That the Orange County Commission approve an amendment to the Belmere PD Developer Agreement which is acceptable to the City. A copy of that proposed amendment shall be provided to the City for approval prior to final action by the Ocoee City Commission on the Westridge PUD amendment. The Belmere PD amendment should accomplish the following: i. All multifamily residential uses anywhere in the Belmere development would be prohibited, except that adult congregate living facilities would not be considered a multifamily use for the purposes of this prohibition; ii. Any subsequent amendment to the foregoing provision of the Belmere PD Developer Agreement would not be effective unless approved by Orange County at an advertised public hearing; and iii. The City of Ocoee would receive at least thirty (30) days prior notice of any such public hearing. Recess: 8:54 p.m. - 9:05 p.m. The public hearing was opened. Mr. Gordon S. Nutt, 11940 Lake Butler Boulevard, Windermere, the owner, provided additional background and explained the issues on which they disagree with Staff's recommendations: 1) 7 Avenue - Do not access it, willing to set aside the land, but not to donate it. When the road is needed, he felt that, as it was an Orange County road, Orange County should pay for it or give impact fee credits. 2) Second Entrance - does not want second entrance, does not want additional exposure to apartments. 3) Amenities - they need to be determined based on market consideration. 4) Dedicated Lanes - his engineers say that two lanes are sufficient. `'err 5 Planning and Zoning Commission Regular ‘iirer September 8, 1998 5) Brick Wall - wants flexibility for stone wall in combination with stucco. 6) No problem with 35' radius. 7) Not adverse to pedestrian access for children of the gated community. Mr. Harry Strange, 1177 7 Avenue, distributed copies of the Second Developer Agreement and pointed out the provision for dedication of sufficient right -of -way for a sixty foot wide Avenue and asked that the Third Developer Agreement include that provision as well. In response to Mr. Strange's questions, Mr. Wagner said the Westridge Plans include a brick wall along 7t Avenue, 60 foot lot widths and 214 single family units. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked about setbacks, and Mr. Wagner responded that there would be standard commercial setbacks. Vice Chairman Bond read into the record a letter from Naomi Charles, 427 Fern Meadow Loop, who stated her opposition to the rezoning from residential to commercial. The public hearing was closed. Vice Chairman Bond announced that the Planning and Zoning Commission would be acting as `.., the Local Planning Agency in their consideration of the Small Scale Comprehensive Plan Amendment. Member Rhodus asked for a definition of an adult congregate living unit, and Mr. Nutt responded that it was a nursing home or an assisted living facility. Member Christoefl asked when the commercial portion would be developed and what would be included, and Mr. Nutt said the homes would be built first, that the commercial portion would be developed long into the future, and that he envisioned development such as a bank. As had been recommended by staff, Member Miller, seconded by Member Rhodus, moved to find the application of Gordon S. Nutt in Case No. CPA -97 -003 to be consistent with Ocoee's (1) Comprehensive Plan: (2) Future Land Use Map: (3) Land Development Code: and (4) surrounding land uses: and to recommend approval of the requested future land use designation change from Low Density Residential (< 4 dua) to Commercial. Motion carried 4 -1, with Member Christoefl voting "No." Vice Chairman Bond announced that the board would be acting as Planning and Zoning Commission in their deliberations for the Westridge PUD Land Use Plan Amendment. Vice Chairman Bond determined that the public hearing had served for both issues as no additional citizens indicated that they wished to speak. 6 Planning and Zoning Commission Regular Meeting % September 8, 1998 Lengthy discussion ensued about the seven conditions of approval recommended by Staff. Member Miller and Vice Chairman Bond expressed concern about the requirement for dedication of rights -of -way on 7`'' Avenue, about the potential for 1200 square foot homes and the amenities. Assistant City Attorney Formella pointed out that the 7`'' Avenue right -of -way dedication was not a new provision, and that the only change was that it would be dedicated to Orange County because it is a county road. Member Christoefl inquired about the commercial property amenities with a particular interest in low lighting levels. Mr. Wagner explained that the lighting would be looked at under the Final Site Plan. Member Christoefl and Member Rhodus agreed with the need for a second entrance, and Member Rhodus said she understood Mr. Nutt's concerns about donating right -of -way. Member Hopkins said it would make her feel better if some concessions could be given and Member Miller and Vice Chairman Bond concurred. Mr. Nutt clarified for the record that he wants the requirement for 7`'' Avenue right -of -way Stay waived in light of the 20 foot right -of -way dedication on Maguire. Alternate Member McKey said he thought members should vote on the recommendation as it stands, and that issues could be visited again in the future as it comes up in its various forms. Member Christoefl, seconded by Member Rhodus, moved to recommend approval of the Revised Land Use Plan Amendment for Westridge PUD (Case #91- 002A(97), as date stamped received by the City on September 3, 1998, subject to the Conditions as had been recommended by Staff (as included on pages three, four, and five above.) Motion carried 3 -2 with Vice Chairman Bond and Member Miller voting "No." COMMENTS Planning Director Wagner directed attention to the Planning Department Work in Progress Report included in the packet. Member Miller asked about the status of the Super WalMart. Mr. Wagner said the project had been in process for almost a year and a half, but that it would probably be another three or four months before it came before P & Z. Members also asked if they might expect new restaurants that were not Mexican. Mr. Wagner knew of nothing in the works for Ocoee at this time. 7 Planning and Zoning Commission Regular Meeting September 8, 1998 ADJOURNMENT The meeting was adjourned at 10:15 p.m. Marian Green, Deputy City Clerk Pat Bond, Vice Chairman Nory 8