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HomeMy WebLinkAboutPZ 02-26-2003 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, FEBRUARY 26, 2003 AS LOCAL PLANNING AGENCY CALL TO ORDER Vice Chairman Golden called the meeting to order at 7:04 p.m. in the Commission Chambers. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Vice Chairman Golden, Members Keller, Landefeld, McKey, Rhodus (arrived at 7:20 p.m.), Riffe, and West. Also present were OCPS Representative Foltz, Community Development Director Wagner, Planning Manager Lewis, Assistant City Attorney Cookson, and Deputy City Clerk Whitford. ABSENT: Excused Chairman Bond and Member Miller CONSENT AGENDA The consent agenda consisted of approval of Item A. A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, February 11, 2003. Member Landefeld, seconded by Member West, moved to accept the Consent Agenda as presented. Motion carried unanimously. Vice Chairman Golden introduced OCPS Representative Foltz. Mr. Foltz explained his presence on the board and stated it was a non - voting position. He said he was proud to have worked for the City of Ocoee previously and was now very pleased to be working with the City of Ocoee in his current capacity as Planner for the Orange County School Board. Mr. Foltz stated his position was a new position in that he was the first planner hired by the school board. He said most school boards do not have planners. NEW BUSINESS Kent Property Public Hearing 1. Annexation AR- 02 -07 -01 2. Initial Zoning Community Development Director Wagner together with Planning Manager Lewis gave the staff report for the Kent Property. Mr. Wagner stated the subject property is located approximately 400 feet east of the intersection of Blackwood Avenue and State Road 50 on the north side of SR50. He said the two parcels (26 and 27) together comprise 9.116 acres that are vacant and heavily wooded. The Kent property includes 2 of 11 parcels that are from a county enclave surrounded by the City. The subject property is designated "Commercial" on the Joint Planning and Zoning Commission Regular Meeting February 26, 2003 Planning Area (JPA) Map. The applicant has requested an Ocoee zoning classification of C -2 "Community Commercial District ". He said the requested zoning would be consistent with the above referenced land use designation. He stated the applicant desires to develop the property for commercial uses. Mr. Wagner said the subject property meets with State annexation criteria, Chapter 171.044 of the Florida Statutes. The subject property is located within the Ocoee - Orange County JPA and is part of a county enclave surrounded by the City. Mr. Wagner advised that staff has determined that the City can adequately provide a range of urban services to the subject property. Mr. Wagner stated the Development Review Committee (DRC) met on February 18, 2003, to review the request for annexation and initial zoning. He said there was discussion about the Kent Property annexation and how it is related to the development of the adjacent Ocoee Commons PUD. Most of the discussion centered on the Annexation Agreement, which includes sections addressing a cross - access easement, buffering, and a utility easement. It was agreed the utility easement along the east property line would be dropped from the Agreement. The types of commercial uses allowed were also discussed. It was recommended that the same Conditions of Approval for the adjacent Ocoee Commons PUD property prohibiting auto sales, auto repair, pawn shops, and gas sales at convenience stores should be the same for the Kent property in order to maintain consistency. Based on the recommendation of the DRC, staff recommends approval pending changes discussed by the DRC being made to and execution of the Annexation Agreement. Mr. Wagner responded to questions from board members. The Public Hearing was opened, and as no one wished to speak, the public hearing was closed. Member McKey, seconded by Member Landefeld, moved that the Planning and Zoning Commission recommend approval for the annexation of the Kent Property and Initial Zoning to C -2 "Community Commercial District ", pending changes discussed by the DRC being made to and execution of the Annexation Agreement. Motion carried 6 -0. Member Rhodus arrived during the vote and did not vote. Ocoee Commons PUD Public Hearing 1. Annexation AP- 02 -02 -01 2. PUD Zoning/Land Use Plan 3. Preliminary Subdivision Plan AP- 02- 02 -01A Community Development Director Wagner advised that the Annexation, PUD Zoning/Land Use Plan, and the Preliminary Subdivision Plan would each require a separate public hearing, but any comments made by those wishing to speak would be carried over to each of the following public hearings. Mr. Wagner then presented the staff report for the Ocoee Commons PUD Annexation (Project # AP- 02- 02 -01). Mr. Wagner stated the subject property includes approximately 67.7 acres located within a county enclave surrounded by the City. A portion of Nair 2 Planning and Zoning Commission Regular Meeting February 26, 2003 the property is located at the northeast corner of the SR 50 and Blackwood Avenue intersection. It also includes land north of SR 50 and the Kent Property on the east side of Blackwood Avenue, as well as land further to the north across Shoal Creek. He said most of the property is currently undeveloped and is covered with orange groves along with some oak trees, as well as a significant wetland area associated with Shoal Creek running through the central portion of the property. Mr. Wagner said in the Ocoee Comprehensive Plan and in the Ocoee - Orange County JPA Agreement, the Ocoee Commons PUD property has a mix of future land use designations. He said the land uses anticipated in the SR 50 Activity Center Special Development Plan are consistent with the Comprehensive Plan and the JPA Agreement, except that on that plan, the area just south of the Shoal Creek wetlands is shown with Office development rather than Commercial. Mr. Wagner stated the subject property is located within the Ocoee - Orange County JPA and the Ocoee Utility Service Area. He said Orange County Planning Staff has been notified of the annexation petition, and no objection has been received. Subject to the Conditions of Approval in the PUD Land Use Plan and the associated Development Agreement, staff has determined that the City can adequately provide the typical range of urban services to the subject property. He said the proposed annexation of the Ocoee Commons PUD property was reviewed by the DRC on February 18, 2003. Based on the recommendation of the DRC, staff recommends approval. The Public Hearing was opened, and as no one wished to speak, the public hearing was closed. lobar Member Keller, seconded by Member West, moved to recommend approval of the proposed annexation for the Ocoee Commons Property, Project # AP- 02- 02 -01, subject to execution of the Ocoee Commons PUD Development Agreement. Motion carried 7 -0. Ocoee Commons PUD Zoning/Land Use Plan Community Development Director Wagner explained what a PUD Zoning is for the benefit of the audience. He explained that the zoning is beneficial to both the developer and the City, and the zoning confers certain development rights that carry forward with the property. He stated the PUD zoning "sets the stage" for the development of the property. He said if anyone had any comments to make this would be the portion of the proceedings to do so. He briefly reviewed the information given in the previous staff report regarding the annexation. Mr. Wagner stated the northern portion of the Ocoee Commons property is bounded on the east by the Hammocks subdivision (R -1 -AA zoning), on the north by the Highlands subdivision (R -1 -AA) zoning as well as some other single family homes (R -1 -AA zoning), and on the west by Shoal Creek subdivision also (R -1 -AA zoning). South of Shoal Creek, the property is bounded on the east by a large wetland area that is part of the Shoal Creek system (C -2 zoning) and by the Kent Property (proposed C -2 zoning), and it is bounded on the west by a large vacant parcel (R -3 zoning) and the Lake Bennett Center (C -2 zoning). There are three basic land uses the developer is requesting and they are consistent with the land use. They are Commercial along Blackwood Avenue, Fee simple owner occupied Town homes to the east, and a low density R -1 -AA standard which ''w.. 3 Planning and Zoning Commission Regular Meeting ',,, February 26, 2003 would be 75' foot lots. All the wetland area will be preserved in a conservation area, except for a small portion where it will be crossed by Montgomery Avenue. It is anticipated that the Ocoee Commons PUD will be constructed in three phases corresponding to the three land uses, with the single - family phase most likely being constructed first. Mr. Wagner stated a very significant element of this PUD is its consistency with the Comprehensive Plan in that it provides a road connection between White Road to the north and SR 50 to the south by extending Montgomery Avenue through the PUD to Blackwood Avenue. It also provides a second connection to SR 50 with a future road (Tract "K ") running from Montgomery Avenue along the east side of the Town home area. That second SR 50 connection will not be constructed as part of this PUD, but rather as part of a future City road project for which the City is currently seeking funding from the State and the County. Mr. Wagner said the internal roads within the Single Family area (Tracts `A' and `B') would provide indirect connections between the Hammocks subdivision and Montgomery Avenue, and between the Shoal Creek subdivision and Montgomery Avenue. However, these connections will be made in a fashion that discourages "cut- through" traffic in those neighborhoods. He stated there are several existing road rights -of -way within the northern portion of the site, all of them currently unimproved, that will need to be vacated to accommodate the proposed development. He said a petition to vacate the road rights -of -way would be presented to the City Commission along with the PUD Land Use Plan. He said one of the important issues presented by this PUD Land Use Plan is the proposal to develop a portion of the site with town homes (a multi - family residential use) in an area that has a Commercial future .,, land use designation in the Comprehensive Plan. The SR 50 Activity Center Special Development Plan is intended to allow for this kind of flexibility in a master planned development as long as it can be demonstrated that the impacts of the proposed use would be no greater than they would have been otherwise. He said Condition of Approval # 3(C) on the PUD Land Use Plan addresses this issue, indicating that the traffic impact analysis demonstrated the impacts from the proposed multi - family development are less than they would have been if that area is developed with commercial uses. There are two proposed waivers from the Code requirements. The first waiver involves the construction of sidewalks along the new alignment of Montgomery Avenue through the project. The applicant is requesting to build an 8' sidewalk on one side of the road instead of building 4' sidewalks on both sides of the road. The second waiver involves paving adjacent unimproved roads. A portion of Geneva Street along the northern boundary of the site is unimproved, but is not being vacated because there are a few existing lots north of the property that obtain access by that portion of Geneva Street. The applicant is asking that he not be required to pave that unimproved street. The proposed PUD Zoning and the PUD Land Use Plan for the Ocoee Commons PUD were reviewed by the DRC on February 18, 2003. All of the issues were discussed and a few minor changes to the Plan were agreed upon. The most important issues were as follows: a) Road right -of -way for the new collector road (Tract `K') running along the northeast side of the town home tract (Tract `C') will be dedicated to the City, but the road will not need to be constructed by the PUD developer or by the Tract `C' developer. Noir 4 Planning and Zoning Commission Regular Meeting February 26, 2003 b) The Conditions of Approval require certain road improvements to Blackwood Avenue, some of which are required to mitigate traffic impacts of this development, and some that are part of the improvements necessary for the City's Master Transportation Plan. Based on the results of calculations to determine the costs of road improvements needed for this project's traffic impact mitigation, the Developer would be able to get impact fee credits for some of the costs related to the Blackwood Avenue road improvements by accelerating this construction. c) The multi - family /town home tract (Tract `C') will be developed with fee simple ownership town homes at a density of up to 11 units per acre. The land area of the portion of Tract `G' located between Tract `K' and Tract `O', which will be used for storm water management for Tract `C', will be used along with the land area of Tract `C' to calculate the density on Tract `C'. d) When Tract `C' is developed, the new Multi- Family Development Standards will be applied to that development. If Tract `C' is developed as a private gated community, the Orange County gated community standards will be applied to that development. The DRC voted unanimously to recommend approval of the proposed PUD Zoning and the PUD ,,. Land Use Plan, subject to making the changes agreed upon at the DRC meeting. Based on the DRC recommendation staff recommends approval. Mr. Wagner said some issues brought to his attention by area residents regarding the height of some of the homes, the size of the units, the price range, fencing, and a requirement of a two car garage. He addressed the waivers even though they are a part of the Preliminary Subdivision Plan and will have its own public hearing. He felt the board would want to consider the waiver information as they made their decision regarding the PUD Zoning and Land Use Plan. Member McKey inquired as to how this development would impact the schools. OCPS Representative Foltz said it should not be an issue as there would be approximately 56 elementary, 26 middle school, and 31 high school students. There was a brief discussion regarding the roadway across a wetland area. Recess 8:00 p.m. — 8:15 p.m. The Public Hearing was opened and Mr. Wagner reminded everyone the comments from the previous hearing would be carried forward. Na..- 5 Planning and Zoning Commission Regular Meeting February 26, 2003 Norm Reynolds, 853 Hammocks Dr., spoke on behalf of the Hammocks Subdivision Home Owners Association (HOA). He said the residents in the Hammocks did not want Blue Spruce Dr. to be connected, wanted the family units to be a minimum of 1900 sq. ft., they would like to see two car garages mandatory, no two story homes on the perimeter of the property, lots 52 -58 to have a quality fence, and the power boxes to be under ground. He also expressed concern about the water pressure and runoff water. Sean Scott, 648 Butterfly Creek Dr., Shoal Creek HOA voiced many of the same concerns from residents in Shoal Creek as the previous speaker from the Hammocks. Mr. Scott stated the residents did not want Crooked Creek Dr. connected. Applicant Tom Utler addressed the concerns voiced by the Representatives from Shoal Creek and the Hammocks. Community Development Director Wagner explained the reason for the connecting roads between the subdivisions and said they were designed in such a way as to discourage "cut through" traffic. He also stated it is a code requirement. Design Service Group Engineer Ron Henson addressed the water pressure and water runoff concerns. iikar The public hearing was closed. There was a lengthy discussion with members exchanging their views and opinions regarding inner connectivity, and if allowed should there be access gates, and the minimum unit size. Member West, seconded by Member Keller, moved to approve the PUD Zoning and the PUD Land Use Plan for the Ocoee Commons PUD Project AP- 02 -02 -01 as per staff and DRC recommendation. Motion carried 7 -0. Ocoee Commons PUD Preliminary Subdivision Plan Project AP- 02- 02 -01A Public Hearing The Public Hearing was opened, and as no one wished to speak, the public hearing was closed. Mr. Wagner stated all comments from the previous hearings would be carried forward. He did not give another staff report for this portion as the information had been covered in the previous hearings, but he did address the waivers and covered the minor changes to the plan agreed upon by the DRC. The board members discussed the connectivity issue at length and expressed some site plan conditions they would like to see. Those were the size of each unit and the sidewalk width. N io'' 6 Planning and Zoning Commission Regular Meeting _ February 26, 2003 Member Riffe, seconded by Member Landefeld, based on the DRC and Staff recommendation moved to recommend approval of the Preliminary Subdivision Plan (PSP) for the Ocoee Commons PUD, as date stamped received by the City on February 21, 2003, subject to making the changes agreed upon at the DRC meeting. Approval of the PSP will also need to be subject to City Commission approval of the annexation, the PUD Land Use Plan, approval of the application for vacating several existing road rights -of -way within the project, and subject to execution and approval of the Development Agreement. To approve the waivers requested with the exception of the sidewalk waiver and to add a condition to the PSP that the residential units have a minimum of 1800 sq. ft. living space. Motion carried 5 -2. Members Rhogtdus and Golden voted no. OLD BUSINESS None. OTHER BUSINESS None. MISCELLANEOUS 44 COMMENTS In response to a question from the board Mr. Wagner stated the Ocoee Commons PUD would go for first reading the following week and for the public hearing at the March 18, 2003, Commission Meeting. He stated the project status report had been included in the members packets and that there was a possibility there would be a second meeting in March. OCPS Representative Foltz thanked the board, City Commissioners, and the City Manager for the opportunity to participate in the meetings and said he looks forward to working with them in the future. ADJOURNMENT The meeting was adjourned at 9:20 p.m. Attest: APPROVED: ally Whi /-.rd, Deputy Citygerk Jarbs ' olden, Vice Chairman Now 7