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HomeMy WebLinkAbout02-12-13MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, FEBRUARY 12, 2013 CALL TO ORDER Vice Chairman McKey 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: Vice Chairman McKey, Members de la Portilla, Dunn, Marcotte, Sills, and West. Also present were City Planner Rumer, Principal Planner Fabre, Assistant City Attorney Drage and Recording Clerk Turner. ABSENT: Chairman Campbell and Member Dillard were absent excused. Vice Chairman McKey informed the board that Member Morris decided not to accept reappointment to the Planning and Zoning Commission. He congratulated Member de La Portilla for his reappointment. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, January 8, 2013. Member West, seconded by Member Sills, moved to accept the minutes of the January 8, 2013, Planning and Zoning Commission meeting. Motion carried unanimously. Vice Chairman McKey introduced and welcomed Assistant City Attorney Drage to the board. Fountains at Tivoli Place- Final Subdivision Plan for Phase 1 Vice Chairman McKey stated that Assistant City Attorney Drage recommended removing the approval of Fountains at Tivoli Place from the consent agenda to be considered separately. OLD BUSINESS - none NEW BUSINESS Fountains at Tivoli Place- Final Subdivision Plan for Phase 1 Principal Planner Fabre gave a brief overview of the proposed project. The parent parcel is approximately 12.34 acres in size and is located on the north side of Tomyn Boulevard and south of the Florida Turnpike, approximately 2,000 feet west of Maguire Planning and Zoning Commission Meeting February 12, 2013 Road. The subject property is currently undeveloped and is covered with a small variety of trees, a majority of which consists of planted pine trees. Principal Planner Fabre explained the future land use for the site is "Commercial ", and the zoning classification for the site is Planned Unit Development (PUD). In 2008, the City Commission reviewed and approved the PUD and Preliminary Subdivision Plan. The Phase 1 Final Subdivision Plan, as proposed, is consistent with the approved Preliminary Subdivision Plan. He continued by saying the Fountains at Tivoli Place PUD is approved for a total of 17 commercial lots to be developed in three phases. Phase 1 Final Subdivision Plan consists of only one buildable lot (lot 17) and its associated infrastructure. The infrastructure requirements for this phase include utilities, stormwater pond, sidewalks, entrance landscaping, access driveway and an eastbound 145 -foot left - turn lane into the site on Tomyn Boulevard. Lot 17 is proposed to be 1.63 acres in size and is located on the southeastern portion of the PUD site. Principal Planner Fabre continued his presentation by stating that the applicant submitted a site plan for construction of a 12,022 square foot daycare building on lot 17 (consistent with the approved preliminary subdivision plan). He continued to say that there will be a brick wall along the southern portion of lot 17 with landscaping. Since the proposed construction of lot 17 is less than 25,000 square feet, it is considered a small - scale site plan; therefore, subject to administrative review and approval pursuant to the Land Development Code (LDC). As small -scale site plans are administratively reviewed, the Planning and Zoning Commission and City Commission will not be acting on the daycare site plan. Principal Planner Fabre advised that the Development Review Committee (DRC) met on February 6, 2013, and reviewed the Phase 1 Final Subdivision Plan for Fountains at Tivoli Place. The applicant was notified on the last remaining staff comments. There were also some minor technical issues that were discussed and agreed upon by the applicant. When the discussion was finished, the DRC voted unanimously to recommend approval of the Phase 1 Final Subdivision Plan for Fountains at Tivoli Place, subject to resolving the remaining staff comments before the City Commission meeting. DISCUSSION Vice Chairman McKey expressed his displeasure with the idea that small -scale site plans are only subject to review and administrative approval pursuant to the LDC, and are not acted upon by the Planning and Zoning Commission. He inquired regarding the effects that a 12,000 square foot daycare will have on the roads. He also commented that with the increase in traffic, he did not see a deceleration lane. Principal Planner Fabre stated this phase does not warrant a deceleration lane, but will be included in a future phase; however, a left -turn lane will be provided as an off -site improvement. F) Planning and Zoning Commission Meeting February 12, 2013 Vice Chairman McKey asked if a traffic study will be required. Principal Planner Fabre explained that a traffic study was conducted and did not conclude warranting a right -turn lane for this phase. He continued to explain that even small -scale plans are reviewed by the transportation planner, and this phase does not require a right -turn lane. Assistant City Attorney Drage informed the board of the technical issues. She explained that the developer has past due fees, but an agreement has been reached between the City and developer. Discussion with the City's attorney will render resolution on the timing of the payment. Until this issue has been resolved, the matter will not be placed on the Commission Agenda. Assistant City Attorney Drage also explained that the City required a title report or title certificate stating any encumbrances; however, the applicant provided a title commitment which needs to be changed to the City's requirement. Additionally, the survey was not certified to the City or the City's law firm, Shuffield, Lowman & Wilson, P.A. She continued to explain that City Engineer David Wheeler also made some conditions of approval that will need to be met. She continued by saying that if it is the board's pleasure to make a motion recommending approval, to include the satisfaction of staff's requirements. Member de la Portilla inquired about the amount of the fees due by the developer. Assistant City Attorney Drage explained that the fees owed are for the development review process, but she does not have the exact dollar amount. Member Marcotte asked if the Fountains at Tivoli Place had been previously presented to the Planning and Zoning Commission. Principal Planner Fabre explained that the original PUD and preliminary subdivision plans were presented to the Planning and Zoning Commission in 2008. Member Marcotte asked if there was public opposition in 2008. Principal Planner Fabre stated there was, but it has been resolved with the addition of a 6 foot brick wall along the southern portion of lot 17, consistent with the subdivision to the south of the development. Member de la Portilla stated that he does not feel comfortable supporting the recommendation of this development as the developer did not honor his commitment to pay. Vice Chairman McKey stated that the technical issues will be added as conditions in the motion. Member Marcotte inquired about the 100 -year storm design. Principal Planner Fabre introduced the engineer for the Fountains at Tivoli Place, David Evans. Mr. Evans explained that the dry pond is a 100 -year dry pond, and that Phase 2 includes a large wet pond for a fountain. He continued by stating that the lift station will be moved; however, 3 Planning and Zoning Commission Meeting February 12, 2013 the road alignment is consistent with the original PUD. Member Marcotte inquired about the planted pine tree site, and Mr. Evans answered it could be for tax purposes. Member Morris, seconded by Member Sills, moved the Planning and Zoning Commission recommend to the Ocoee City Commission approval for Fountains at Tivoli Place - Final Subdivision Plan for Phase 1 subject to resolving the remaining staff approved requirements. Motion carried (5 -1), with Member de la Portilla opposing. MISCELLANEOUS Project Status Report Vice Chairman Mckey inquired about the status of the Dollar General. City Planner Rumer explained that the City Commission denied Silver Bend's appeal and voted to uphold staff's decision. When asked what lessons were learned in this process, City Planner Rumer answered that it would be beneficial to have access to a tool that allows the City to view final development patterns on arterial roads. He informed the board that the City is conducting a multimodal mobility plan study that will bypass the Planning and Zoning Commission, and will be presented to the Community Redevelopment Agency (CRA). The Planning and Zoning Commission will see the study in March as comprehensive plan amendments. He continued by stating that the City met with the Florida Department of Transportation (FDOT) regarding the widening of SR 50. The widening will be conducted in two phases: Phase 1, presently under construction, includes the area between Good Homes Road and the West Oaks Mall. The plans for Phase 2 are currently being updated. He continued by saying that FDOT's original plans included only six lanes, however, he attended a meeting and saw a plan with 10 lanes and removal of all bus stops. Vice Chairman McKey inquired if the new plans included a pedestrian bridge, and City Planner Rumer stated "no ". Vice Chairman McKey inquired about the status of the West Oaks Mall. City Planner Rumer informed the board that a mall representative reported that a portion of the Sears building may have a new tenant. ADJOURNMENT The meeting adjourned at 7:35 p.m. Attest: r a Turner, Recording Cler APPROVED: �obert McKey, Vice Cha an 4