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HomeMy WebLinkAbout07-13-1999 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, JULY 13, 1999 AS LOCAL PLANNING AGENCY I. CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:37 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Christoefl, Landefeld, Matthys, Miller and Rhodus. Also present were Planning Director Wagner, City Attorney Rosenthal, Assistant City Attorney Formella, Principal Planner Lewis, Transportation Planner Friel, and Administrative Secretary Dawson. Member McKey arrived at 7:55 p.m. ABSENT: Member McNeil. II. CONSENT AGENDA The consent agenda consisted of approval of item A: Sir ITEM A: Minutes of the Planning and Zoning Commission Regular Meeting held on Wednesday, May 26, 1999. Member Landefeld, seconded by Member Christoefl. moved to approve the consent agenda as presented. Motion carried 7 -0. Chairman Switzer stated that the policy of the Planning and Zoning Commission is to hear no new business after 10:00 p.m. III. NEW BUSINESS ITEM A: DON OLSON TIRE AND AUTO - SPECIAL EXCEPTION - CASE No. 1- 2SE -99 PUBLIC HEARING Planning Director Wagner presented the staff report recommending approval of the special exception. Member Landefeld asked about the disposal of old tires and commented on how nice a Don Olson building on S.R. 434 looked. Member Christoefl asked about the location of the handicapped entrances and placement of maintenance. tow Planning and Zoning Commission Regular Meeting July 13, 1999 Thomas Ustler, of Ustler /Fagan, Inc., the developer for Don Olson Tires, stated they were in agreement with staff's recommendations. The public hearing was opened, and there being no comment from the audience, the public hearing was closed. There being no comments or further discussion by the Board, Member Landefeld seconded b Vice Chairman Bond moved to a I D rove the s .ecial exception on Case No. 1- 2SE -99 as presented and recommended by staff. Motion carried 7 -0 ITEM B: PLANTATION GROVE SHOPPING CENTER - PHASES 2 AND 3 FINAL SUBDIVISION PLAN - CASE No. LS -98 -008 Planning Director Wagner presented the staff report recommending denial of the final subdivision plan, due to the many outstanding unresolved issues between the staff and the applicant, and noted that the applicant had submitted different plans than the ones originally reviewed. City Attorney Rosenthal recommended incorporating into the staff report the transcript of the DRC meeting of June 22, 1999, which was provided to the commission members in advance of tonight's meeting. Chairman Switzer, without objection, incorporated the DRC transcript of June 22, 1999 into the staff report. Scott Clark, attorney for Dr. Robert Ferdinand, Virginia Ferdinand and Dr. James Ferdinand, the applicant, stated that this plan is based upon an approved PUD dated May 1992, and at that time the proposed use of the Hess site was a permitted use and that the applicant has a vested rights certificate. He presented a handout and stated that staff and the applicant were not in agreement on basically two issues: the turning radii and signage, and that due to extensive delays in trying to obtain staff approval, he had requested that this case be presented to the commission to try to get this case going. Tony Luke, transportation engineer of Luke Transportation, on the behalf of applicant, also presented a handout, and stated that a wider turning radii preferably is needed for access for the truck rigs delivering gasoline to the Hess station. He stated that city's LDC provides for a 40 foot minimum radius. Planning Director Wagner stated that LDC governs public roadways only, not private parking lots and that on the turnoff from the public roadway, Maguire Road, the staff approved a wider low turning radius. He stated that the Mobil station, located in the same center in Phase 1, 2 Planning and Zoning Commission Regular Meeting July 13, 1999 successfully uses the smaller turning radii, and that the smaller turning radii are needed to slow traffic in the parking lot. He further stated that a delivery rig would only use the interior driveway occasionally, whereas thousands of smaller vehicles would be using the same area daily. Tom Daly, of Daly Design Group, on behalf of the applicant, stated that as to the signage issue, the applicant is in agreement with staff over the placement of the center's identification sign within the median next to First Union Bank, however, the applicant does not own that property and the owner of that median has not responded to the applicant's requests. He stated that staff referred him to Article 8, Section 8.1 of the LDC as to the alternative placement of the identification sign. City Attorney Rosenthal stated that if permission can be obtained from the owner of Phase 1 to place the identification sign in the median, both staff and applicant are in agreement. The problem if that permission is not obtained, where to alternately place the sign. John Graff, representative of Amerada Hess Corporation, on behalf of applicant, stated that a 40 foot turning radius is standard in the design of Hess service stations. The commission extensively questioned all speakers during their presentations, focusing on the issues of the size of the interior turning radii and the placement of the identification sign. A lengthy discussion then ensued. After consulting with the City Attorney, Member Christoefl, seconded by Member Landefeld, moved to deny the final subdivision plan on Case No. LS -98 -008 based upon the applicant's failure to comply with the staff recommendations on sicnage and turning radii. Motion failed 3 -5, with Members Christoefl, Landefeld and McKe votin. in the affirmative and Members Bond Matth s Miller Rhodus and Switzer voting in the negative. The commission then discussed the need to get the project moving forward. After consulting with the City Attorney, Vice Chairman Bond seconded b Chairman Switzer moved to a s . rove the final subdivision plan, received May 24, 1999, on Case No. LS -98 -008, subject to the following conditions: (1), Incorporation of all items agreed to by the Developer at the Development Review Committee meeting; (2) The following Condition of Approval shall be added to the Plan: The Shopping Center identification sign shall be located within the median at the southern entrance to the Shopping Center, subject to obtaining permission from the fee owner. The Developer and the City will use their best efforts to obtain such permission. If permission cannot be obtained prior to issuance of a certificate of occupancy on Lots 1 and 2, then the project identification sign shall t be located on Lot 1 as shown hereon: (3) The radius at the intersection of the entrance road off 3 Planning and Zoning Commission Regular Meeting loway July 13, 1999 Maguire Road and the entrance road along the eastern property boundary shall be 35 feet; and (4) The Developer shall install additional landscaping to soften the visual impact. Motion carried 5 -3, with Members Bond, Matthys, Miller, Rhodus and Switzer voting in the affirmative and Members Christoefl, Landefeld and McKev voting in the negative. A 10 minute break was called at 9:28 p.m., and the meeting resumed at 9:40 p.m. City Attorney Rosenthal suggested continuing the public hearings on Items D and E until the next meeting, since it was apparent that Item C would not be concluded prior to 10:00 p.m. Scott Gentry, a civil engineer of Kelly, Collins and Gentry, Inc., representing Saturn, stated that approval of the special exception was a critical factor for the timely opening of the dealership. He had flown people in from out of town, and since staff was in support of the special exception, and the matter could be heard quickly, could the matter be heard out of order? A discussion ensued. Chairman Switzer, without objection, moved Item D ahead of Item C, and advised that all items on the agenda would be heard at tonight's meeting, even if it violated the 10:00 p.m. policy. ITEM D: SATURN OF OCOEE - SPECIAL EXCEPTION - CASE NO. 1- 1SE -99 tir.• PUBLIC HEARING Planning Director Wagner presented the staff report recommending approval of the special exception. Representatives from Saturn did not address the commission. The public hearing was opened, and there being no comment from the audience, the public hearing was closed. There being no comments or further discussion by the Board, Member Landefeld, seconded by Member Christoefl, moved to approve the special exception on Case No. 1- 1SE -99 as presented and recommended by staff. Motion carried 8 -0. Chairman Switzer, without objection, moved Item E ahead of Item C, and advised that Item C, the Hess Gas Station, would be heard at tonight's meeting. ITEM E: OCOEE CROSSINGS - PRELIMINARY SUBDIVISION PLAN - CASE No. LS -99 -003 PUBLIC HEARING r p,,,,. Planning Director Wagner presented the staff report recommending approval of the preliminary 4 Planning and Zoning Commission Regular Meeting vow July 13, 1999 subdivision plan. Randy June, of June Engineering Consultants, the developer of Ocoee Crossings, did not have any comments for the commission. The public hearing was opened, and Bob Bouchet, president of Lake Down Homeowners' Association, addressed the commission. He had concerns about notes 12, 21 and 23, and wanted to know about the construction equipment access from Parkridge. Staff and the developer responded to Mr. Bouchet's questions and concerns. There being no other comment from the audience, the public hearing was closed. Randy June, of June Engineering Consultants, in response to the commission's questions, agreed to try to keep heavy construction equipment traffic to a minimum. There being no comments or further discussion by the Board, Vice Chairman Bond, seconded by Member Christoefl, moved to approve the preliminary subdivision plan on Case No. LS -99 -003, received on July 9. 1999, as presented and recommended by staff, subject to the two comments agreed to between staff and Randy June, the clarification on commission approval of note 23 (Tract "E ") and clarification on the wrought iron and brick wall. Motion carried 8 -0. ITEM C: HESS STATION - SPECIAL EXCEPTION - CASE NO. 1- 3SE -99 PUBLIC HEARING Planning Director Wagner presented the staff report recommending denial of the special exception, due to the many outstanding unresolved issues between staff and the applicant. Prior to the DRC meeting of June 22, 1999, there were 14 comments from Planning, 2 from the City Attorney, and 4 comments from the Building Department, which were not completely addressed during the DRC meeting. He addressed the issues of signage and direct access to the shopping center through the Hess station's entrance. City Attorney Rosenthal recommended incorporating into the staff report the transcript of the DRC meeting of June 22, 1999, which was provided to the commission members in advance of tonight's meeting. He also stated for the record that the specific provisions for review of special exceptions are set forth in Section 4 -8, Art. 4 of the LDC. Chairman Switzer, without objection, incorporated the DRC transcript of June 22, 1999 into the staff report., Tom Daly, of Daly Design Group, on behalf of the applicant, presented a handout. He stated t,,,, that permitted uses for this site include up to two commercial buildings, including a bar, drive -in 5 Planning and Zoning Commission Regular Meeting July 13, 1999 restaurant, liquor store or pawn shop. He further stated the site is approved for up to 12,000 commercial square feet, but Hess is only building 3,600 square feet. He stated that the site has potential for up to a 400 square foot sign, but that Hess is voluntarily reducing the sign to 61 square feet, 15 foot high, which is the same as the Mobil station sign. He further stated that there would be extensive green space with enhanced landscaping, and that Hess has agreed to put a barrel tile roof on the building. He stated that Hess is taking these actions to reduce the impact of the project. City Attorney Rosenthal stated in response to the commission's questions that this application was submitted prior to the adoption of the new Commercial Development Regulations which would not be applicable to the consideration of the special exception. John Graff, representative of Amerada Hess Corporation, on behalf of applicant, stated that Hess would be willing to move the Maguire Road entrance south, as long as it remains north of the filling station canopy and as far north of the intersection as possible for safety concerns. Scott Gentry, a civil engineer of Kelly, Collins & Gentry, Inc., representing Hess, stated that about ' of all traffic would be coming from the north and would use the northern entrance to the shopping center. Of the ' coming from the south, 1 /3 to ' would be coming from Moore Road and using those entrances, so the traffic impact using the Hess entrance would not be as great as the commission expects. The commission extensively questioned all speakers during their presentations, focusing on the issues of the placement of entrances and access to the project, landscaping, and the placement of the identification sign. A lengthy discussion then ensued. The public hearing was opened, and Rosemarie Morganto, who stated she was appearing on behalf of Wesmere, Cross Creek and Windermere Groves, addressed the commission. She had concerns about the frequency and volume of fuel delivery, the "corporate" look of the building, the lighting and whether having five gas stations in one area will cause this area to become a truck stop when the new interchange is opened. She was also concerned about kids hanging out at the location. Staff and the developer responded to her questions and concerns. After consulting with the City Attorney, Member McKe seconded b Member Landefeld moved to den the s • ecial exce . tion on Case No. 1- 3SE -98 based upon the applicant's failure to comply with the staff recommendations including signage and access. Motion failed 4 -4, with Members Christoefl, Landefeld, McKev, and Switzer voting in the affirmative and Members Bond, Matthvs, Miller and Rhodus voting in the negative. The commission then discussed sending the special exception to the City Commission without a op, recommendation. 6 Planning and Zoning Commission Regular Meeting July 13, 1999 After consulting with the City Attorney, Member Christoefl, seconded by Member McKev, moved to approve the special exception on Case No. 1- 3SE -98 subject to the following conditions: (1) The handout by Mr. Daly labeled "Recommended Conditions of Approval" with the change of condition number 1 to say "The Final Site Plan shall comply with the Preliminary Site Plan for Special Exception dated 6 -9 -99, as revised by the Planning and Zoning Commission", and then incorporating items 2 through 7; (2) All matters a ' reed to b the develo • er at the Develo • ment Review Committee • 3 A barrel tile roof; (4) Item 14 of the DRC report dated June 21, 1999, which is the item that deals with site plan issues; (5) Moving the entrance to the Hess station on Maguire Road in a southerly direction, but north of the canopy as far as practical; (6) The Special Exception and site plan be, consistent with the Final Subdivision Plan for Plantation Grove Shopping Center Phase 2 and 3; (7) The Special Exce • tion ex • ressl a • • roves the • ro • osed Hess sin location as • resented on the preliminary site plan for special exception; and (8) Items 9, 11 and 12 of the DRC report dated June 21, 1999. Motion carried 8 -0. V. OTHER BUSINESS None. VI. COMMENTS None. ADJOURNMENT The meeting was adjourned at 11:38 p.m. _ 71U-1/1,"( xi a . !)d ?, t'rt ice, Marisa Dawson, Administrative Secretary aro I S itzef, hair it tir•- 7