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HomeMy WebLinkAbout03-09-1999 MINUTES OF THE PLANNING AND ZONING COMMISSION `fir REGULAR MEETING HELD TUESDAY, MARCH 9, 1999 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:30 p.m. A moment of silent meditation was followed by the Pledge of Allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Members Hopkins, Landefeld, McKey, Miller and Rhodus. Also present were City Manager Shapiro, Planning Director Wagner, City Attorney Rosenthal (arrived 8:10 p.m.), Assistant City Attorney Formella, Principal Planner Horne, Senior Planner Lewis, Capital Projects /Transportation Planner Friel and Deputy City Clerk Green. ABSENT: Vice Chairman Bond and Member Christoefl. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commissioner Regular Meeting held Tuesday, February 9, 1999. Member Landefeld, seconded by Member Miller, moved to accept the consent agenda as presented. Motion carried 6 -0. Chairman Switzer welcomed visitors and explained how the meeting would proceed and the role of the Planning and Zoning Commission. NEW BUSINESS COLVIN REZONING PROJECT No. R- 99 -01 -02 - PUBLIC HEARING Senior Planner Lewis presented the staff report for the application to rezone the 0.14 acre parcel located at 140 South Bluford Avenue from C -1, Neighborhood Shopping District, to C -2, Community Commercial District. He concluded with staff's recommendation for approval. Mrs. Fern Colvin, 1603 Starfire Lane, was present for C. J. Colvin, the applicant. The public hearing was opened and, as no one wished to speak, was closed. Now Planning and Zoning Commission Regular Meeting ,,, March 9, 1999 As had been recommended by staff, Member Landefeld, seconded by Member Hopkins, moved to find the Clayton Colvin application in Case No. R- 99 -01 -02 to be consistent with the Ocoee: (1) Future Land Use Map, (2) Land Development Code, (3) existing development patterns, (4) surrounding zoning districts, and (5) stated goals, objectives and policies of the Ocoee Comprehensive Plan, and to recommend approval of the zoning change for the subject property from C -1, Neighborhood Shopping District, to C -2, Community Commercial District. Motion carried 6 -0. DEVON COVE ANNEXATION, CASE No. AR- 98 -12 -15 - PUBLIC HEARING DEVON COVE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, CASE No. SSCPA- 99 -001 - PUBLIC HEARING (Acting as Local Planning Agency) DEVON COVE REZONING, CASE No. AR- 98 -12 -15 - PUBLIC HEARING Capital Projects/Transportation Planner Friel presented consecutively the staff reports for the three Devon Cove applications for the subject property, a 5.0 acre vacant parcel located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. Mr. Friel explained the analyses supporting the following staff recommendations: * o w (1) That the Planning and Zoning Commission recommend approval of the Annexation Petition of Devon Cove, Case No. AR- 98- 12 -15, subject to approval of the Annexation Agreement which requires the applicant to provide a local roadway connection (stub -out) to the property adjacent to the western boundary of the subject property; (2) That the Planning and Zoning Commission find the application of The Midland Group, Inc., Case No SSCPA -99 -001, to be consistent with the amended Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses and recommend approval of the Devon Cove Small Scale Comprehensive Plan Land Use Amendment from Orange County, Rural Settlement to Ocoee, Low Density Residential, subject to City Commission approval of the annexation of the subject property and the Annexation Agreement; and (3) That the Planning and Zoning Commission recommend approval of the Rezoning Petition in Devon Cove, Case No. AR- 98 -12 -15 from Orange County R-1AAA, Residential Urban District to Ocoee R -1A, Single Family Dwelling District, subject to City Commission approval of the annexation of the subject property, the Annexation Agreement, and the Small Scale Comprehensive Plan Amendment. Nor 2 Planning and Zoning Commission Regular Meeting March 9, 1999 Mr. Friel explained that, as the City has no sewer lines available in the area, the subject property would need to develop with septic tanks and would have to maintain quarter acre lots in order to qualify for them under public health guidelines. Mr. Lee Marshall, president of The Midland Group, the applicant, was present but had no comments at this time. The public hearing was opened. Mr. Frank Venturella, 300 Log Run Court, expressed concern about drainage from the site, noting that past work there had caused problems with standing water in back yards on his street. He asked how many houses could be built if the Devon Cove applications are approved. Planning Director Wagner explained the proposed land use allows up to four dwelling units per acre and minimum quarter -acre lots, yielding a net density of approximately two and a half units per acre, as is found in Forest Oaks. He said, theoretically, there would be 12 to 13 houses in the project. **r "' Mr. Venturella said he was concerned about additional traffic generated by the addition of these houses and asked about having an additional outlet for the development. Planning Director Wagner said Forest Oaks was originally planned to have an access to the north to Hackney Prairie Road, and Hackney Prairie Road and Prairie Lake Boulevard were platted to connect. However, there is a gate across the way that was installed at the request of the Forest Oaks homeowners some years ago because Hackney Prairie Road was unpaved. The gate will remain in place until a request is made by the homeowners to remove it. He said Mr. Venturella's comments would be taken into account, and the grading and stormwater management would be looked at closely during the subdivision review process to make sure there was no offsite drainage. There would also be an effort to locate the road equally between the present development and the adjoining properties to the south to maximize the width for entrance into the development. He invited Mr. Venturella to come to City Hall and look at the plans during the approval phase. Jeffrey Morin, 1505 Prairie Lake Boulevard, said part of his concerns about the drainage from the site had been addressed. Citing past problems with the street due to the high water table, he expressed concern about the detrimental affect on the roadway of increased volumes of traffic and stormwater. He also was concerned about the generation of additional traffic problems on Prairie Lake Boulevard. Planning Director Wagner 3 Planning and Zoning Commission Regular Meeting March 9, 1999 explained the information that would be gathered in the geotechnical analysis required in the subdivision plan review for the site and how it would provide the basis for an effective stormwater management plan. Mr. Morin said he felt the estimation of the amount of traffic that will be generated was low, and he asked about speed control on Prairie Lake Boulevard. Mr. Wagner said the funnel effect of traffic which Mr. Morin was experiencing could be dispersed if the other roadway was opened up to the rear and staff would see about the alternate entrance. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if the trees would be saved. Chairman Switzer said the City has a very strict arbor ordinance, and a tree survey has to be done before any tree removal. Mr. Mohnacky said he felt the residents of the neighborhood wanted to leave the gate where it is. The public hearing was closed. Assistant City Attorney Formella advised that the board needed to consider and take action on each of the three Devon Cove items and that all comments and discussion in the first public hearing would carry forward to the subsequent items for the record. 'taw As had been recommended by staff, Member Landefeld, seconded by Member Miller, moved to recommend approval of the Devon Cove Annexation, Case No. AR- 98- 12 -15, subject to the execution of the Annexation Agreement. Motion carried 6 -0. Chairman Switzer advised the staff report and all the previous public hearing comments were carried forward for this item. The public hearing was opened and, as no one wished to speak, was closed. As had been recommended by staff, Chairman Switzer, seconded by Member Landefeld, moved to find the application of Midland Group, Inc. in Case No. SSCPA - 99 -001 (Devon Cove Small Scale Comprehensive Plan Amendment) to be consistent with the amended Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, and to recommend approval of the requested Future Land Use change from Orange County, Rural Settlement to Ocoee, Low Density Residential, subject to City Commission approval of the Annexation of the subject property and the Annexation Agreement. Motion carried 6 -0. The staff report and the previous public hearing comments were carried forward for this item. ,or 4 Planning and Zoning Commission Regular Meeting `r► March 9, 1999 The public hearing was opened and, as no one wished to speak, was closed. As had been recommended by staff, Member Landefeld, seconded by Member Rhodus, moved to recommend approval of the Devon Cove Rezoning, Case No. AR- 98 -12 -15 rezoning from Orange County R -1AAA, Residential Urban District to Ocoee R -1A, Single Family Dwelling District, subject to approval of the annexation of the subject property, the Annexation Agreement and the Small Scale Comprehensive Plan Amendment. Motion carried 6 -0. Recess: 8:10 p.m. - 8:15 p.m. FIRST UNION/PEASE ANNEXATION, CASE No. AP- 95 -08 -05 - PUBLIC HEARING OLYMPIA DEVELOPMENT SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, CASE No. SSCPA -98 -002 - PUBLIC HEARING (Acting as Local Planning Agency) OLYMPIA DEVELOPMENT PUD LAND USE PLAN AND PRELIMINARY SUBDIVISION PLAN, PROJECT No. LS -98 -007 / PUBLIC BUILDING USE - ORANGE COUNTY PUBLIC LIBRARY/PUBLIC BUILDING USE - ORANGE COUNTY PUBLIC ELEMENTARY SCHOOL - PU BLIC HEARING Niar Planning Director Wagner presented consecutively the three staff reports for the project: (1) the annexation application for a 37.8 -acre parcel located at the southeast quadrant of Clarke Road and Silver Star Road; (2) the Small Scale Comprehensive Plan Amendment request for a 9.99 acre portion of the 37.8 acres; and (3) the PUD Land Use Plan and Preliminary Subdivision Plan for the 37.8 acre multi -use development with several commercial lots, a public library site and a public elementary school site. He concluded with the following recommendations: (1) That the Planning and Zoning Commission recommend approval of the annexation of the 37.8 acre parcel in the Annexation Petition of First Union/Pease, Case No. AP -95- 08-05, subject to approval of the Annexation and Development Agreement; (2) And, for the 9.99 acre portion of the 37.8 acre parcel, that the Planning and Zoning Commission find the application for a Small Scale Comprehensive Plan Amendment by Olympia Development Group, Inc. in Case No. SSCPA -98 -002 to be consistent with the Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, and recommend approval of the requested Future Land Use change from Low Density Residential to Commercial for 9.99 acres, subject to annexation of the property and approval of the Annexation and NOW 5 Planning and Zoning Commission Regular Meeting _,,,, March 9, 1999 Development Agreement; and (3) That the Planning and Zoning Commission recommend approval of the proposed PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD as date stamped received by the City on March 4, 1999, and, further, that Planning and Zoning Commission recommend approval of a public library on Lot 7 and a public elementary school on Lot 8 as shown on the Plan. In an overview of the Plan, Mr. Wagner pointed out the six commercial lots which have frontage on Silver Star Road and Clarke Road, the northeastern portion of the property for the new Orange County Branch Library site, two retention ponds, and the 16.76 acre portion for the new public elementary school site. Mr. Wagner explained that the land uses permitted within the commercial portion of the PUD will generally be those permitted in the C -2 zoning district. He said, as all the surrounding properties are zoned C -2, it was felt it was equitable that the City maintain those uses. He said the developer did ask for a waiver from certain C -2 uses that would normally require a Special Exception, e.g., day care facilities, service stations and convenience stores with gas sales. Because the developer has voluntarily agreed to .4110' conform to the upgraded Activity Center standards of the City, he would already have had to do upgraded landscaping, reduce signage, upgrade architecture, etc. The types of things normally required in a Special Exception under current zoning are already covered in the Activity Center requirements. There would be no new requirements that could be added to a Special Exception that the Activity Center does not already require. In response to a question by Chairman Switzer, Mr. Wagner advised that the two southerly lots were the only lots on which a convenience store with gas sales or a service station could be built. Mr. Wagner advised that an extensive internal network of driveways and sidewalks would provide opportunities for cross - access between all the sites in the PUD. He pointed out that the Plan also incorporates a 50 -foot minimum building setback adjoining the residential areas to the east and south and requires a 25 -foot minimum landscape buffer. Mr. Wagner referred to a handout from the Department of Community Affairs requiring local governments to include in the Comprehensive Plan for the City a school planning element. It encourages the co- location of libraries and public schools and also encourages the construction of public libraries adjoining commercial areas. 6 Planning and Zoning Commission Regular Meeting March 9, 1999 Mr. Wagner explained that there will be an accompanying Annexation and Development Agreement primarily including the dedication of the right -of -way and all the conditions of approval on the PUD Land Use Plan. He advised staff had a recent meeting with Florida Department of Transportation, and they would like the main entry road to be a public road rather than a private road. He said, by doing so, the design of the widened Silver Star can be upgraded, and that the developer is agreeable to that change. Brian Forbes, Lowndes Drosdick Doster Kantor & Reed, attorney for Olympia Development Group, advised that Olympia Development Group is the contract purchaser and developer of the proposed project. He complimented staff for their comprehensive presentation. John Claytor, Planning and Development Officer for the Orange County Library System, advised three new libraries are planned for the county, the second of which is the one in the City. He explained how the library will be situated on the site - facing the west, centered in the lot, parking on the west and 250 feet of landscaped buffer. John Martin, Orange County School Board, complimented staff and said Ocoee is leading the nation in planning for schools. He said the site in question is the most important school site in the City. He said construction is scheduled to begin in mid -June. Lester Dabbs, Jr., 619 Caborca Court, advised he chairs the Education Commission for the City and is delighted that John Martin finally acknowledged Ocoee leads the nation. He said the working relationship that exists is unparalleled. He wanted to tell everyone that in its meeting on March 1, the Education Commission endorsed the continuation of the relationship that exists between the Orange County Public Schools and the City of Ocoee and its planning staff. Jim Gleason, 856 Hammocks Drive, a member of the Education Commission, said he thought that which has been proposed is a win/win situation. He said he had attended a workshop for the Orange County School Board in which their facilities plan for the next five years had been reviewed. He said the School Board is $1.1 billion short of the amount needed to build new schools and bring existing schools up to the level of first class schools. He said they are in a position to build 21 schools, five of which would be elementary schools, and that based on current dollars, they are eight schools short. The public hearing was opened. Nwr 7 Planning and Zoning Commission Regular Meeting ,,. March 9, 1999 Martha Lopez- Anderson, 2438 Alclobe Circle, was present on behalf of the Silver Bend Homeowners Association and Melvin and Pat Borysiewicz, the property owners at 2001 Clarke Road. She read from a prepared statement in which she enumerated their concerns about the proposed Olympia Development. They do not support additional commercial establishments for the area, but would prefer a park along with the library and school. Residents concerns include stormwater drainage and outside lighting from the school. She also advised the residents wanted a brick wall for a buffer from the school. Citing property values and quality of life concerns, she concluded with a request that Planning and Zoning Commission delay approval until the interests of Silver Bend and the adjacent property owners could be fully addressed. Lester Dabbs Jr., 619 Caborca Court, quoted from George Orwell's Animal Farm and 1984, "Am I the only sane man or the only insane man in the world ?" Sometimes the number of people do not stand for what is right. The second quote from Voltaire was, "I may not like what you say but I defend to the death your right to say it." He said he felt the previous speaker did not afford the property owner the same rights she is claiming for her and her development. He said that elementary schools improve property values. Jeffrey Morin, 1505 Prairie Lake Boulevard, an engineer and a member of the Education `" Commission, stated the development of the site demands proper water drainage and water retention. He said, as undeveloped property, there is no control over the flow of the water, but that development would result in improved drainage for the subdivision.. He said that schools have a very low exterior lighting level, that there would be virtual darkness 50 to 60 feet from the building, and that lighting in the parking lot would be directed down. Paul DeLauro, 1904 Cassingham Circle, said he felt the homeowners in Silver Bend had issues that needed to be taken into account regarding the development. John Martin, Orange County School Board, said he would take the architect, the engineer and project manager to the Silver Bend community and sit down with them in a spirit of cooperation. He said they wanted to be good neighbors. Carol Johnson, formerly of 1914 Cassingham Circle, stated her concerns about access and traffic and said the Silver Bend residents were concerned about the plan for the balance of the property not used for the school, library and the commercial area. City Manager Shapiro said there is no balance. The public hearing was closed. ''irr 8 Planning and Zoning Commission Regular Meeting Noor March 9, 1999 Chairman Switzer said he had lived within about 300 feet of an elementary school in the north and found great joy in watching the children go to and from school. Prior to that he lived within a half block of the senior high school and had no problems with the children, but that he had had problems with school buses. Member McKey asked about the water reuse program and if it would be utilized. Planning Director Wagner said the City was in the process of extending a reuse line down Clarke Road. As a condition of approval, the developer has to tie into the reuse system, and reused water will be used for all of the landscaping within the site. Mr. McKey asked about signalization on the driveways, and Mr. Wagner advised there would be none. Mr. McKey expressed concern about drivers making left turns. Mr. Wagner said the driveways will be designed to discourage high -speed traffic and use as a cut - through. Mr. McKey said he supported the residents' request for a brick wall around the school. City Manager Shapiro said, from the standpoint of police and of the children, a brick wall would be a terrible idea because of the restriction of open space and the possibility of lurking people. Generally speaking, that is probably one of the major reasons most school will not do it and why the City probably supports having a fence that can be seen through and does not allow either side of the fence to have anybody lurking. Member McKey asked if there is a significant rule about distance between establishments that sell alcohol and schools and how would it affect the commercial property. Mr. Wagner noted that there is no elementary school in the county with a brick wall. Regarding the alcohol issue, Mr. Wagner said it is under a separate ordinance and is not covered under the Land Development Code. He said the issue will appear before the City Commission. He stated it needed to be understood that the ordinance applied to liquor by the drink only. It is legal under the ordinance to sell bottled alcoholic beverages within 1,000 feet of any school or church. Member Landefeld said he never had a problem with living near schools. He agreed a wall might encourage lurkers. Member Rhodus concurred. Chairman Switzer asked Ms. Anderson -Lopez to restate her concerns, and she replied they were: (1) the buffer, (2) drainage and (3) traffic. Ms. Lopez- Anderson addressed the drainage issue, saying she had gotten engineering reports from the City, and the stormwater repairs total over $2 million. She said she did not want Silver Bend to be a 1 41x0 4 ' 9 Planning and Zoning Commission Regular Meeting March 9, 1999 statistic. Chairman Switzer asked if the concerns could be addressed and corrected at a site plan meeting with the school board and the library and the engineers for those people. Ms. Lopez- Anderson advised the plans had been ongoing for two years and nine months, and they had never been included in the discussions. Chairman Switzer said normally in the planning process a lot of conversations and meetings have to take place. Once things begin to gel, the adjacent property owners are brought into the discussion. He said if the Planning and Zoning Commission approved it that night and they met with the school board and the library and worked out some issues would it be feasible. Mr. Shapiro said the school board had already said in their site planning they would be willing to meet with the residents of Silver Bend. The school board is autonomous, and the best the City can offer is a 30 -day period for review and comments. He said the meeting that night was for public input, and pointed out that the Plan as presented was a basic, preliminary plan only. Ms. Lopez- Anderson asked if the Planning and Zoning Commission approved the request that evening and it went before the City Commission, how much room was left for the Silver Bend residents for their concerns. Nkirov Assistant City Attorney Formella said the Planning and Zoning Commission would simply make a recommendation for consideration by the City Commission. All the items would not be final until the City Commission took action on them, and those series of public hearings are scheduled for April 6. Planning Director Wagner said for the record "up to this point, the City has never received any type of site plan for either the public library or the public school. In other words, as Ellis said, we've only worked to the point of determining where the location is, but there's a lot of work to be done to determine the exact layout of the site." Mr. Martin, Orange County School Board, said all the key people were present, and if the residents would stay after the meeting, they would set up a meeting and meet with them that weekend, if they desired. Joe Hembrooke, 2188 Alclobe Circle, said the residents of Silver Bend were 100 percent behind a school and a library but wanted assurance that they would be done properly. Assistant City Attorney Formella advised that all information provided by staff and the discussion in the public hearing carried over for all these items. '' 10 Planning and Zoning Commission Regular Meeting March 9, 1999 As had been recommended by staff, Member Landefeld, seconded by Member McKey, moved to recommend approval of the Annexation Petition of First Union/Pease, Case No. AP- 95- 08 -05, subject to approval of the Annexation and Development Agreement. Motion carried 6 -0. As had been recommended by staff, Chairman Switzer, seconded by Member Landefeld, moved to find the application of Olympia Development Group, Inc. for Small Scale Comprehensive Plan Amendment in Case No. SSCPA -98 -002 to be consistent with the Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, and to recommend approval of the requested Future Land Use change from Low Density Residential to Commercial, subject to annexation of the property and approval of the Annexation and Development Agreement. Motion carried 6 -0. As had been recommended by staff, Chairman Switzer, seconded by Member McKey, moved to recommend approval of the Olympia Development PUD Land Use Plan and Preliminary Subdivision Plan, Project No. LS -98 -007, as date stamped received by the City on March 4, 1999, including the Activity Center standard exceptions and Special 44- Exception waivers requested thereon, subject to approval of the annexation, the Annexation and Development Agreement and the Small Scale Comprehensive Plan Amendment for Commercial Land Use becoming effective, as modified with the entrance road as a public right -of way. Motion carried 6 -0. Member McKey said he was distressed by the letter that was received from the DeLauros. He also asked for citizen involvement in the issues before the Commission. As had been recommended by staff, Member Landefeld, seconded by Member Hopkins, moved to recommend approval of a public library on Lot 7 as shown on the Olympia Development PUD Land Use Plan and Preliminary Subdivision Plan, Project No. LS -98 -007, as date stamped received by the City on March 4, 1999. Motion carried 6 -0. As had been recommended by staff, Member Landefeld, seconded by Member Hopkins, moved to recommend approval of a public elementary school on Lot 8 as shown on the Olympia Development PUD Land Use Plan and Preliminary Subdivision Plan, Project No. LS -98 -007, as date stamped received by the City on March 4, 1999. Motion carried 6 -0. Now 11 Planning and Zoning Commission Regular Meeting Saw March 9, 1999 COMMENTS Member Landefeld thanked everyone for coming down and showing their interest in the business of the City. Chairman Switzer thanked everyone, saying because of their input, there will be a better City. ADJOURNMENT The meeting was adjourned at 9:35 p.m. Attest: APPROVED: / k a. Ai 9,11. 462 00,k) Marian Green, Deputy City Clerk ' . old Switz- , Chairma f 12