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HomeMy WebLinkAbout07-12-11 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JULY 12, 2011 CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice Chair Golden, Member McKey, Member Morris and Member West. Also present were Assistant City Attorney Watson, City Planner Rumer, Principal Planner Fabre and Recording Clerk T. Williams. ABSENT: Member Dillard (A /E), Member Sills (A /E) and Member Hollingsworth (A /U) ELECTION Bradley Campbell was nominated for Chairman. Vice - Chairman Golden, seconded by Member McKey, moved to accept Bradley Campbell as the Chairman for a year term. Motion carried unanimously. Jim Golden was nominated for renewal as Vice - Chairman Member West, seconded by Member Morris, moved to accept Jim Golden as Vice - Chairman for a year term. Motion carried unanimously. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, March 8, 2011. Vice - Chairman Golden, seconded by Member McKey, moved to accept the minutes of the March 8, 2011, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS DONAHUE (120 1 ST STREET) City Planner Rumer gave a brief history of the project and reason for annexation and desired zoning change. The property is located within an existing enclave; it already benefits from City police and fire services. The request from annexation came about when the property was being sold. The purchaser needed potable water and could not Planning and Zoning Commission Meeting July 12, 2011 DISCUSSION Member Mckey inquired who handles police services in the area. City Planner Rumer stated presently the Sheriff but, once annexed into the City services will be provided by the City of Ocoee Police Department through a mutual aid agreement. Member McKey inquired of the legalities concerning an easement or driveway. City Planner Rumer stated the City is not creating a parcel and they are still in the process of obtaining a metes and bounds survey. There was water in front of the property and a public easement a little further down the road. Vice - Chairman Golden inquired where the home is located on the property. City Planner Rumer stated he was not sure of the location of the home on the property. Public Hearing- Opened No comment Public Hearing - Closed Vice - Chairman Golden, seconded by Member McKey, moved to recommend approval of the annexation and rezoning R -1A of Donahue (120 1 Street) based upon staff recommendation. Motion carried unanimously. EAGLE CREEK OF OCOEE Principal Planner Fabre gave detail of the property location and Future Land Use requirements. The PUD was approved in 2008. The preliminary subdivision plan proposes a total of 254 residential units; 80 townhomes and 174 single - family detached homes. The applicant requested three waivers: 1. Increased in ground signs from 2 to 4 2. Increase of the sign copy area from 18 sq. feet to 35 sq. feet 3. Increase the signage ground height from 6 feet to 9.5 feet They will be making significant roadway improvements and certain right -of -way dedications that would ultimately enhance vehicular and pedestrian circulation. DISCUSSION Further discussion ensued regarding the roadway improvements. Public Hearing — Opened Tracy Crowe of Littlejohn Engineering admitted they have experienced delays in determining the accurate floodplains. They have gotten a physical model of the floodplains and moved forward with submitting the PSP. She gave some background on the property activities from the original owners through the current day. Further, she explained how once the arsenic was detected in the soil, Chevron (current owner) stepped up to handle the clean -up. Member West inquired of the projected date for ground breaking. Tracy responded that the ground breaking is a few years out as they 2 Planning and Zoning Commission Meeting July 12, 2011 need to work through the PSP phase and clean -up process to ensure the property is safe for development. Vice - Chairman Golden inquired if they had the letter of map revision from FEMA. Tracy stated they did have a L.O.M.R. approved by the county and included in the plans they have tonight. Vice - Chairman Golden inquired more about the arsenic clean -up that will be completed in phase one of development. Carla Baker of Chevron stated they will be integrating their remediation into phase one infrastructure work. They have been doing studies over the last three years and have determined the locations of the arsenic concentrations and are currently doing the preliminary grading plan by removing the soil which is unsuitable for development through a surgical excavation. Vice - Chairman Golden inquired about groundwater contamination. Carla Baker stated there is not any groundwater contamination and has never been. Vice - Chairman Golden inquired if once the arsenic is removed, will there be any type of deed restrictions for water use? Carla Baker responded no, there will be potable water lines available. Chairman Campbell inquired if the subdivision will have access to the City's irrigation and water network. Carla Baker stated yes through a development agreement with the City but, they will have to pipe for drain water. Vice - Chairman Golden inquired if Chevron will have any objection to adding to condition 56 that the Department of Environmental Protection approves the clean -up plan prior to homes being built. Carla Baker stated yes, they are exempt from D.E.P oversight; further, stating they are processing the clean -up as if it were under D.E.P oversight and that they have a professional engineer assigned to the clean -up. Vice - Chairman Golden inquired if the City has been provided any proof that the sight is exempt from D.E.P. oversight. Carla Baker stated they have not provided any type of proof. Vice - Chairman Golden stated that without the proof of the D.E.P. oversight exemption, he is going to move to add to condition 56 approvals by D.E.P. Vice - Chairman Golden inquired to what level the arsenic will be cleaned up. Carla Baker stated it will be cleaned up to residential standards. Vice - Chairman Golden inquired where the arsenic was detected on the property. Carla Baker using the overhead showed where the arsenic has been detected and explained how the arsenic levels were deposited at the location. Vice - Chairman Golden inquired to the depth of the contaminated soil pockets. Carla Baker stated it varies depending on the soil type and the attractiveness of the arsenic to that soil type. Member Morris inquired if Chevron will be the developer of the subdivision. Carla Baker stated they will stay involved in the development process but, may not ultimately be the developer. Member Morris inquired of the number of school age children compared to residential units. Carla Baker explained they did a preliminary review with Orange County School Board but, will be meeting with them again to get a more accurate count. Member McKey restated that he too would like to see a proof of D.E.P. oversight exemption. Carla Baker stated according to their development agreement with the City; they have to provide a remedial action work plan and a final report after the clean -up has been completed. Public Hearing — Closed 3 Planning and Zoning Commission Meeting July 12, 2011 DISCUSSION Vice - Chairman Golden stated he does understand that some agricultural properties can be exempt from D.E.P regulation but, in his experience, it is unusual especially with residential development. He further stated he would like to see additional language added to Condition 56 requiring the developer to provide the City with proof that they are exempt from D.E.P. oversight. Member Mckey inquired if a registered geologist approval will be sufficient. Vice - Chairman Golden stated all professionals have different opinions and if professional approvals were sufficient; there would not be a Department of Environmental Protection. Assistant City Attorney Watson stated it is not likely that D.E.P. is going to give them a certificate stating they are exempt. The board has several options; change the condition of approval going forward at FSP or make it a condition of approval of the board recommendation going to the commission that documentation be provided or it can be deferred to FSP as a concern that needs to be addressed. She further stated proof, in the traditional sense, may be difficult to obtain. The board may need to be satisfied with an attorney's opinion. Member McKey inquired if there are any transcripts or meeting minutes they can provide of their meeting with D.E.P. Member de la Portilla inquired of the legal requirements that the developer will have to provide to the buyers. Assistant City Attorney Watson stated if they are not regulated by D.E.P. regulations, there may not be any requirements. Carla Baker stated that when the property was originally transferred to them, there were already deed restrictions which will carry forward. Further, the developer will be providing full disclosure to the buyers of the property's history and the clean -up requiring a signature agreement from the buyer. Member de la Portilla inquired if staff is satisfied that the disclosures will protect the City from future lawsuits. Assistant City Attorney Watson stated there is nothing that the City has oversight of that requires a certain set of disclosures. There is no case law to support any furture liability to the City for approving this project. Member Morris inquired if D.E.P could be contacted directly concerning the exemption of this site. Assistant City Attorney Watson stated it will be as useful as the person who answers the phone. Vice - Chairman Golden stated meeting minutes from their meeting with D.E.P. will be useful as long as there has not be a sufficient time lapse as arsenic regulations have been changed. Chairman Campbell stated he is not comfortable changing the condition but, would like to recommend to the commission that they are comfortable with documentation they may receive regarding the exemption. Principal Planner Fabre stated this is something that can be addressed at the staff level and satisfied prior to FSP approval. Vice - Chairman Golden stated he would like to have notation in the staff report and a copy of the document provided to the Planning and Zoning Commission that they requirement for exemption has been met prior to FSP approval. Vice - Chairman Golden, seconded by Member McKey, moved to recommend approval of the Preliminary Subdivision Plan for Eagle Creek of Ocoee subject to 4 Planning and Zoning Commission Meeting July 12, 2011 the satisfaction of the outstanding staff comments prior to the City Commission action and that the developer provide the City with written proof of exemption from oversight of the arsenic remedial action planned on the site from the Florida Department of Environmental Protection prior to their Final Subdivision Plan approval. Motion carried unanimously. MISCELLANEOUS City Planner Rumer informed the board that Littlejohn and Chevron has partnered with them to test new software. City Planner Rumer stated there will be a meeting next month. Member McKey thanked the staff for forward thinking when reviewing projects. City Planner Rumer stated the board will be presented with a mobility plan in the near future. ADJOURNMENT The meeting adjourned at 8:14 p.m. Attest: APP " OVED: Tisha Williams, Recording Clerk :radley Campbell, Chairman 5