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HomeMy WebLinkAbout12-14-1999 Slow MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, DECEMBER 14, 1999 I. CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:33 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, Members Christoefl, Landefeld, McKey, Matthys, and Rhodus. Also present were Assistant City Attorney Formella, Planning Director Wagner, Principal Planner Lewis, Transportation Planner Friel, Senior Planner McGinnis, and Administrative Secretary Dawson. ABSENT: Vice Chairman Bond, Members McNeil and Miller. II. CONSENT AGENDA The consent agenda consisted of approval of Item A: ITEM A: Minutes of the Planning and Zoning Commission Regular Meeting held on Wednesday, November 9, 1999. Member Landefeld, seconded by Member Christoefl, moved to approve the consent agenda as presented. Motion carried 6 -0. III. NEW BUSINESS Clerk's Note: Items D and E were taken out of order with the consent of the Board. ITEM D: CLARKE ROAD POND ANNEXATION # AR- 99 -09 -01 PUBLIC HEARING ITEM E: CLARKE ROAD POND REZONING # AR- 99 -09 -01 PUBLIC HEARING Senior Planner McGinnis presented the staff report recommending approval of Item D: Clarke Road Pond Annexation and Item E: Clarke Road Pond Rezoning. She stated that the subject property is located about 200 feet south of the intersection of Clarke Road and Ocoee - Clarcona Road just east of Clarke Road. It is a little larger than one acre, and the current land use designation is Low Density Residential. The City currently owns and maintains this retention pond, so it is being annexed to incorporate it into the City limits. The proposed rezoning is from Planning and Zoning Commission Regular Meeting December 14, 1999 Orange County A -1 to R1 -AA. The proposed annexation and rezoning are consistent with the Comprehensive Plan and the JPA. The public hearing was opened, and there being no comments from the audience, the public hearing was closed. There being no comments or further discussion by the Board, Member Landefeld, seconded by Member McKey, moved to recommend approval of the Clarke Road Pond Annexation, # AR- 99- 09 -01, to the City Commission, as recommended by the staff. Motion carried 6 -0. Member Landefeld, seconded by Member Christoefl, moved to recommend approval of the Clarke Road Pond Rezoning, # AR- 99- 09 -01, to the City Commission, as recommended by the staff. Motion carried 6 -0. ITEM A: WEST OAKS TOWN CENTER # LS- 99-013 PRELIMINARY /FINAL SUBDIVISION PLAN AND PRELIMINARY /FINAL SITE PLAN PUBLIC HEARING Star Planning Director Wagner presented the staff report recommending approval of the Preliminary /Final Subdivision Plan and Preliminary /Final Site Plan for the West Oaks Town Center. He stated that the project is on the northeast corner of S.R. 50 and Clarke Road, and complies with the S.R. 50 Activity Center Plan. The site is approximately 13 acres, with proposed commercial space of 113,712 square feet. Anchor businesses will be Best Buy, Michael's Crafts and Pet Smart, as well as one or two restaurants. The buildings are Mediterranean in design and many large trees have been preserved, and there is a small decorative pond with a fountain in the middle. The public hearing was opened. Mayor Vandergrift complimented staff and the developer on an outstanding design. He asked if the expansion of S.R. 50 was considered in this plan, which Planning Director Wagner stated was done. There being no further comments from the audience, the public hearing was closed. There being no comments or further discussion by the Board, Member Matthys, seconded by Member McKey, moved to recommend approval of the West Oaks Towne Center Preliminary /Final Subdivision Plan, # LS -99 -013, to the City Commission, as recommended by the staff. Motion carried 6 -0. Member Matthys, seconded by Member McKey, moved to recommend approval of the West Oaks Towne Center Preliminary /Final Site Plan, # LS -99 -013, to the City Commission, as 2 Planning and Zoning Commission Regular Meeting *okay December 14, 1999 recommended by the staff. Motion carried 6 -0. ITEM B: LAKE JOHIO SUBDIVISION # LS- 99-012 PRELIMINARY SUBDIVISION PLAN RJBLIC HEARING Principal Planner Lewis presented the staff report recommending approval of the Lake Johio Subdivision Preliminary Subdivision Plan. The subject property is located north of Silver Star Road and east of Clarke Road. The project will have 87 lots, with R1 -A zoning and R1 -AAA zoning on the waterfront lots. It will be a private, gated community with custom homes. One waiver will be necessary so that three lots may be accessed by a private drive. The subdivision will also be subject to Orange County Resolution 96 -M -22 governing private roads and drainage systems. Water, sewer and stormwater management will be designed in conjunction with Silver Crossings. Principal Planner Lewis and Planning Director Wagner responded to the members' various questions about the private drive, fencing, re- paving, developers' duties, tree surveys and gated communities. The public hearing was opened. Thomas Daly of Daly Design Group, representing Richard Quaid of QN Holdings, the developer, stated that they are planning to break ground in March. `'`r" He stated that the Mayor had asked about brick streets and impact fees. There being no further comments 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 recommend approval of the Lake Johio Subdivision Preliminary Subdivision Plan, # LS -99 -012, to the City Commission, as recommended by the staff. Motion carried 6 -0. Recess 8:31 p.m. to 8:42 p.m. ITEM C: SILVER CROSSINGS # LS- 99 -002 PRELIMINARY/FINAL SUBDIVISION PLAN AND PRELIMINARY/FINAL SITE PLAN PUBLIC HEARING Planning Director Wagner presented the staff report recommending denial of the Silver Crossings Preliminary /Final Subdivision Plan and Preliminary /Final Site Plan. The subject property is approximately nine acres on the northeast corner of Silver Star and Clarke Roads. The proposed shopping center would be on a 7.9 acre parcel and would have 67,238 square feet. The main anchor store would be Publix. The majority of stormwater management will be located on the Lake Johio property, thereby maximizing the amount of developmentareaon this site. fir.• 3 Planning and Zoning Commission Regular Meeting r.. December 14, 1999 There are a significant number of waivers requested by the developer which staff believes is due to the total amount of square footage proposed. Staff believes most of these waivers could be eliminated by reducing the size of the project, which the developer is unwilling to do. Scott Glass of Shutts & Bowen, attorney for the developer, stated he attended the DRC meeting and that there are just a couple of items which staff and the developer are not in agreement. He addressed the eight requested waivers, and stated that waiver #4, the pedestrian sidewalk, seemed to be the big issue for the developer and the City. He addressed each of the other waivers at length. The Board asked various questions about the refrigeration equipment on the roof, to which Steve Brandon of the Brandon Company responded. Chairman Switzer stated that it is not for the Planning and Zoning Commission to review every detail of a project, but to rely upon City staff to negotiate with developers. If staff cannot reach an agreement with a developer, then it is his opinion that the Commission should not enter into negotiations on specific items. That is up to the City Commission if they choose, and it is up to City staff to make recommendations. Scott Glass stated that he respectfully disagreed with the Chairman's interpretation and that it is the function of the Board to make recommendations with respect to requested waivers. Commissioner Anderson stated that he was attending to assist him in his decision making on the City Commission. He stated that he felt it was up to the Planning and Zoning Commission to discuss the issues and then give a recommendation to the City Commission. The public hearing was opened. There being no comments from the audience, the public hearing was closed. A lengthy discussion ensued about the various waivers, development issues and the Planning and Zoning Commission's role in negotiations between staff and developers. There being no comments or further discussion by the Board, Member Landefeld, seconded by Member McKey, moved to recommend denial of the Silver Crossings Preliminary /Final Subdivision Plan, # LS -99 -002, to the City Commission, as recommended by the staff. Motion carried 5 -1, with Member Matthys voting against. Chairman Switzer, seconded by Member Landefeld, moved to recommend denial of the Silver Crossings Preliminary /Final Site Plan, # LS -99 -002, to the City Commission, as recommended by the staff. Motion carried 5 -1, with Member Matthys voting against. IV. OLD BUSINESS None 4 Planning and Zoning Commission Regular Meeting `.. December 14, 1999 V. OTHER BUSINESS None VI. COMMENTS Member McKey stated that he appreciated staff's and the developer's efforts and for himself there are never enough trees, but it's hard to put trees where there are cars and buildings. Anything that comes to the Commission where the developer refuses to work with staff is probably not going to be approved by him. Member Christoefl wished everyone Merry Christmas. Member Landefeld wished the staff, City and contractors a Merry Christmas. Member Rhodus wished everyone Merry Christmas and was remembering how several years ago the City was a proponent of controlled growth and how much its changed in the last ten ,,.. years. It amazes her how quickly vacant lots become buildings or projects. She thinks the staff and City are doing a great job and she is very proud to live here. Member Matthys wished everyone a happy holiday. He stated that the reason he was the dissenting vote on the Silver Crossings issue is that he respectfully disagrees that we are not here to negotiate. He stated that if a developer and the staff can't agree, then it's the Commission's position to help work things out. He feels that the Commission plays a large role in the development of the community. Planning Director Wagner stated that development keeps getting busier, and it's not going to stop anytime soon. He advised the members that Walmart is underway, and in response to questions stated that he has not heard anything about the movie theater expanding. ADJOURNMENT The meeting was adjourned at 9:43 p.m. 9 rj Marisa Dawson, Administrative Secretary =<Yarold Switz'• , hair ' 5