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HomeMy WebLinkAbout08-08-2000 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, AUGUST 8, 2000 CALL TO ORDER The meeting was called to order by Chairman Bond at 7:34 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Bond, Vice Chairman Landefeld, Members Golden, Matthys, McKey, Miller (arrived 7:47 p.m.), Rhodus and West. Also present were Planning Director Wagner, Principal Planner Lewis, City Manager Shapiro, City Attorney Rosenthal, and Deputy City Clerk Whitford. Commissioners Anderson, Howell, Johnson, and Mayor Vandergrift were also present. ABSENT: Member Christoefl. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, July 11, 2000. Vice Chairman Landefeld, seconded by Member Matthys, moved to accept the Consent Agenda as presented. Motion carried 7 -0. (Member Miller had not yet arrived.) NEW BUSINESS Chairman Bond welcomed new member T. Milton West and introduced him to the Commission. WAL -MART SUPERCENTER TIRE LUBE EXPRESS (PUBLIC HEARING) SPECIAL EXCEPTION CASE No. 1 -2SE -2000 WAL -MART SUPERCENTER PRELIMINARY SUBDIVISION PLAN & SITE PLAN PROJECT NUMBERS 97 -008 AND 97 -009 (PUBLIC HEARING) Planning Director Wagner presented the Staff Report. He said although the items are listed separately on the agenda, his presentation would cover them simultaneously in the Planning and Zoning Commission Regular Meeting August 8, 2000 interests of time. He explained that, for cases such as this, in the past the public hearing has been opened for all the comments and then separate actions have been taken. Mr. Wagner said the proposed Wal -Mart Supercenter is to be developed on a 35.9 acre tract located at the southwest corner of State Road 50 and Blackwood Avenue. The property, now a remnant orange grove, is zoned C -2, Community Commercial District, and is also accessible on the south from Old Winter Garden Road. The parcel is bound on three sides by other commercial property and is within the State Road 50 Activity Center. It is subject to the upgraded standards of the Commercial and Industrial Development regulations. Mr. Wagner said there are two main components to the proposed development. The first is construction of the 213,611 s.f. Supercenter building with associated site improvements including an integrated Tire Lube Express (TLE). The TLE requires approval of a Special Exception as the Land Development Code in C -2 classifies it as a service station use. The second major component is development of five outparcels, three facing SR 50 and two fronting Blackwood Avenue. Mr. Wagner said transportation issues had been the major concern with the project. After lengthy reviews and negotiations, City Staff and the developer have assembled a traffic improvement package and Mr. Wagner summarized the transportation improvements Wal -Mart will provide. He noted that these improvements are in addition to impact fees of approximately $1,000,000.00. Mr. Wagner continued with an overview of site features, waivers and building features. He said on July 17, 2000 the DRC had recommended approval based on the Plans currently submitted. He concluded with the Staff's recommendation to recommend approval of the Special Exception for the Tire Lube Express, the Preliminary Subdivision Plan and the Preliminary Site Plan as date stamped received by the City on August 1, 2000. Hal Kantor, Attorney for Super Wal -Mart, advised that the Architect and Traffic and Civil engineers were present to answer questions. He said, in terms of design, this will be one of the most expensive Wal -Marts in the country. Mr. Kantor then introduced Boyd Rau, of BRR Architects. Mr. Rau presented an overview showing the standard Wal -Mart and then reviewed the architectural features of the proposed Wal -Mart for Ocoee. He noted the biggest changes are the color scheme and the almost 400 s.f. reduction in the amount of signage. Mr. Kantor said they would like to start construction by December 2000 in order to complete the project by the December 2001 Christmas Season. 1 4r.r 2 Planning and Zoning Commission Regular Meeting Now August 8, 2000 Chairman Bond opened the public hearing. She asked speakers to limit their comments to five minutes. Chairman Bond read into the record comments which the City had received from two citizens: The first was received via phone from Regina Sumpter, 718 Broadway (phone 407/656- 7457) with comments in favor of the proposed Wal -Mart. The second comment was received via e-mail from Jan Hawthorne who opposed a Wal- Mart on the proposed site. John Rinehart, of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., the planning consultant for Health Central, addressed the hospital's concerns. He said they are pleased that Wal -Mart is being required to follow the design standards adopted by the City as a result of the Activity Areas Study which the hospital had sponsored. He said they are concerned that traffic from Wal -Mart on Blackwood may negatively impact emergency access to the hospital from Blackwood. Citing the need for emergency access from SR 50, Mr. Rinehart read and distributed copies of a condition that they would like to recommend that the Planning and Zoning Commission add to the approval of Wal -Mart as follows: "Wal -Mart will design, permit and construct the necessary improvements on SR 50 such that Health Central can tie in a driveway serving the emergency facility." Jim Gleason, Vice President of Community Relations for Health Central, spoke on behalf of the hospital. He said there has been good communication between the hospital and Wal -Mart. He commended the Planning and Zoning Commission for their vision in developing the SR 50 Activity Center Plan, and commended Wal -Mart for doing a good job in meeting those standards. He expressed concern that Wal -Mart's building and landscaping would be well maintained. He said that if the hospital has to fund the improvements for the new SR 50 entrance, they may not be able to do as much for the community. He said the cost for the SR 50 portion of the entrance is estimated to be about $200,000.00. He asked that the hospital's recommendation would be a condition of development and would be passed on to the City Commission for approval. Jim Swickerath, 1203 Ridgefield Avenue, asked that the Planning and Zoning Commission seriously consider Mr. Rinehart's request concerning SR 50. *rtio► 3 Planning and Zoning Commission Regular Meeting August 8, 2000 Robert Patton, 110 Anderson Place, expressed concern that semi traffic might interfere with pedestrian traffic and safety in front of the store. He suggested considering a northwest access to the site. He also expressed concern about the long range maintenance of the landscaping. Recess: 8:10 p.m. - 8:57 p.m. Denise Lenko, 1117 Kimball Drive, expressed concern about emergency access to the hospital. She said she felt the problems can be solved and supported approval of the Plans. Hal Kantor explained the truck traffic pattern on the Plan and advised that FDOT would not allow the northwest access. Mr. Kantor addressed the landscaping concerns and assured the board it would be well maintained. He said the City requires much of the landscaping to be done before construction could start. As to emergency access to the hospital, Mr. Kantor asked that the Planning and Zoning Commission not address the traffic issue and to let it be resolved prior to the City Commission meeting. He said a meeting on this issue is scheduled on Monday with the �.► City Staff and Health Central and he does not have the authority to resolve it in this meeting. He then asked the board to approve the project as recommended by Staff without the condition. Mr. Gleason asked that the board include the condition about the SR 50 improvements to help insure that it will be resolved before September 8. Vice Chairman Landefeld asked Mr. Gleason if he was satisfied the requested condition to the recommendation could be resolved during the meeting Monday between Mr. Shapiro, Health Central and Wal -Mart, and Mr. Gleason said yes. Attorney Hal Kantor and City Attorney Rosenthal suggested that the details should be worked out in the meeting on Monday. Mr. Rosenthal explained the process if the board chose to add the condition to the recommendation. In response to a question by Member Rhodus, Mr. Shapiro explained he would be meeting with Wal -Mart and Health Central on Monday, but if the City participates financially it will require board action of the City Commission.. He said he was hoping 4 Planning and Zoning Commission Regular Meeting *ow August August 8, 2000 they could come to a solution about a safety problem that everyone wants to address and to bring it to the City Commission to adopt. Mr. Swickerath spoke again asking the Commission to add a condition that the concerns of the hospital regarding emergency access be addressed to the satisfaction of the hospital. Chairman Bond asked Mr. Kantor about the proposal from Wal -Mart. Mr. Kantor said he would modify the condition to read, "In consideration of contribution of land for the right of way of Blackwood Avenue and SR 50, Wal -Mart will contribute $125,000.00 to the design, permitting and construction of necessary improvements on SR 50 such that Health Central can tie in a driveway serving the emergency facility." Mr. Kantor said this amount has already been offered and refused. Mr. Shapiro said he will suggest that the City participate out of the impact fees in order to help bring this to a conclusion. He also said it would be a good use of some of the funds to be able to have a safe entrance. He explained he did not have authorization from the City Commission and did not presume to speak for them but, if Wal -Mart and Health ,,,. Central could not get closer in their agreement then, this would be a possible solution he would present to the City Commission. In response to a question by Chairman Bond, Mr. Shapiro indicated an estimated cost would be about a quarter of a million dollars. He said Health Central is not looking at how much they can get but, rather to get the job done. Chairman Bond stated she felt very strongly about the ambulance issue and that it needed to be addressed, however she did not believe it needed to be added to the recommendation. George Kling, 1500 Blackwood Avenue, Gotha, 34734, asked why the building was not facing SR 50. Mr. Wagner explained that it was originally but was turned in order to manage access in a better way. Situating the building as it is takes better advantage of the three surrounding roads so that no one roadway or intersection would be overloaded. This Plan allows traffic to be dispersed to Old Winter Garden Road as well. Mr. Kling asked if a signal is planned for the Old Winter Garden Road and Blackwood Avenue intersection. He said he was concerned that people would try to use Seminole and Crystal to Blackwood Avenue causing a traffic backup in the residential section. 5 Planning and Zoning Commission Regular Meeting .. August 8, 2000 Mr. Shapiro responded advising that the City of Ocoee has signed a contract with the County to rebuild the Hemple Road intersection and run Old Winter Garden Road through Hemple Road. He stated there will be a traffic light there as well as a light at Blackwood Avenue. Commissioner Howell asked, if this comes before City Commission without a recommendation from Planning and Zoning for this condition, what would happen to the negotiations if the City Commission does not want to use impact fees for the improvements to SR 50. Mr. Rosenthal responded that the City Commission would hear the presentation of the traffic testimony to which Mr. Kantor referred and whatever presentation the hospital has. Then the City Commission, since this is a quasi judicial proceeding, would act based upon the competent substantial evidence presented to the City Commission on the issue. So the City Commission would have a presentation, hear all the evidence, make a decision without a recommendation from the Planning and Zoning Commission on whether or not there is a safety issue associated with the emergency access. Chairman Bond read for Commissioner Howell the condition that Mr. Rinehart had requested and distributed to members. Mr. Rosenthal stated if when it comes to the City Commission and if Wal -Mart were only willing to contribute $125,000.00 then they would be on record to contribute $125,000.00. If the additional money wasn't there, then the improvement wouldn't happen. Then it would be up to the City Commission to decide based on competent substantial evidence presented at the City Commission meeting whether or not Wal -Mart had complied with the Code and was entitled or not entitled to an approval of their Plan. Chairman Bond closed the public hearing and then opened the discussion for the members. Member McKey said some condition on public safety should be included and he did not want to recommend approval until there was a compromise in place. He also had concerns about the Oak Forest entrance across from the Wal -Mart entrance. Mr. Wagner said not visible on the Plan is the reconstruction of what will become the intersection of Old Winter Garden Road/Professional Parkway. The curve will be removed and turned into a "T ". He said there would be a signal at that intersection and also at Blackwood/Old Winter Garden Road. The two traffic signals will allow openings for traffic coming out of Oak Forest and Wal -Mart. NON. 6 Planning and Zoning Commission Regular Meeting ,. August 8, 2000 Member Matthys said he agreed there was a traffic /safety concern but he has no problem approving it subject to all the conditions and waivers with the additional condition that an agreement satisfactory to all parties involved be reached regarding traffic safety issues prior to going before City Commission. Member Golden thanked Staff for its hard work. He said he liked the pedestrian friendly environment, but he thinks more signs need to be provided for pedestrian facilities. He said the City needs to consider regulations related to preserving aquifer recharge areas (limiting the paving of too much green space). He asked if reuse water will be available for irrigation. He said he also believes that traffic needs to be addressed, though not to the extent requested in Health Central's proposed condition. Mr. Shapiro said connection with CONSERVE is a long term goal. Vice Chairman Landefeld commended Staff and Wal -Mart for their efforts on coming up with a very good Plan. Member Rhodus said Wal -Mart is a symbol of America. She said she agrees the traffic safety issue should be addressed, but does not think that a special condition is necessary. Member Miller said there should be a condition about the traffic safety issue, but she believes it can be worked out. Member West said he thinks a condition should be included to have Wal -Mart and/or the City contribute to the improvements. He said he was glad to be a part of the Planning and Zoning Commission and commended staff for the job well done in maintaining high standards along the SR 50 area. He also commended Wal -Mart for the job they were doing to meet the City's standards. Chairman Bond expressed her preference for a nice restaurant on the two acre outparcel. She also observed that the parking spaces are too small (too narrow), noting that larger spaces are need for the pick -up trucks and SUV's. Mr. Wagner responded that most of the spaces meet code requirements (9' x 20 "). Chairman Bond indicated she could support a suggestion that the safety issue be addressed, but was not in support of dictating negotiations. She said she personally did not think it necessary. *41Na' 7 Planning and Zoning Commission Regular Meeting fir _ August 8, 2000 Mr. Rosenthal suggested that the commission consider adding to the staff recommendation that the City Commission address the issue of alternative emergency access for Health Central from SR 50. As had been recommended by Staff, Vice Chairman Landefeld, seconded by Member Rhodus, moved to recommend approval of the Wal -Mart Supercenter Tire Lube Express Special Exception in Case No. 1 -2SE -2000 as date stamped received by the City on August 1, 2000. Motion carried 8 -0. Vice Chairman Landefeld, seconded by Member McKey, moved to recommend a s 'royal of the Wal -Mart Su. ercenter Prelimin. u. division Plan and Prelimina Site Plan, Pro_ ect Nos. 97 -008 and 97 -009 as date stam ed received b the Cit on Au! st 1 2000, according to the Staff recommendation, with the condition that City Commission address the issue of alternative emergency access for Health Central from SR 50. Motion carried 8 -0. OLD BUSINESS None. low OTHER BUSINESS None. ADJOURNMENT Vice Chairman Landefeld, seconded by Member Golden, moved to adjourn. Motion carried unanimously. The meeting was adjourned at 9:57 p.m. Attest: APPROVED: //. Otwo COO 6 / Sally i1 ford, De Of City Clerk Pa Bond, Writ/man 8