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HomeMy WebLinkAboutPlanning & Zoning 03/09/2004 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MARCH 9, 2004 AS LOCAL PLANNING AGENCY CALL TO ORDER Chairman Golden 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 Golden, Vice-Chairman McKey, Members Campbell (arrived 7:15 p.rn.), Keller, Rhodus, Sills, and West. Also present were Community Development Director Wagner, Planning Manager Lewis, Principal Planner James, Assistant City Attorney Cookson, and Deputy City Clerk Brasher. ABSENT: Members Riffe, who was unexcused. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, January 13, 2004. Member Keller, seconded by Vice-Chairman McKey, moved to accept the Consent Agenda as presented. Motion carried unanimously. NEW BUSINESS MAGUIRE ROAD PUMP STATION - ANNEXATION, INITIAL ZONING, PUBLIC USE PROJECT #AR-04-02-15 Principal Planner James presented the Staff Report for the proposed Annexation, Initial Zoning, and Public Use/Essential Services for the Maguire Road Pump Station. The 0.666- acre parcels located at 932 Maguire Road, just Y4 miles north of the intersection of Maguire and Moore-Roberson Roads on the west side of the roadway. The City of Ocoee as the property owner and the applicant wishes to build a reclaimed water booster pump station to enhance the use of reclaimed water. In addition to the pump station, the rear portion of the site will be used for a reuse water storage tank to be constructed in the future. The City of Ocoee, as the applicant, has requested an Ocoee initial zoning classification of "Professional Offices & Services". This initial zoning is consistent with the JP A Land Use Map designation and surrounding properties. Planning and Zoning Commission Regular Meeting March 9, 2004 The request annexation is not an enclave and such annexation would not result in an enclave being created. The subject property is located within the Ocoee-Orange County Joint Planning Area (JP A) and is being considered for annexation as outlined in the JP A Agreement. Based upon the projected impacts of the proposed office use and size of the parcel, Staff determined that the City should adequately provide a range of urban services to the subject property. The City's proposed use of the construction of a reclaimed water booster pump facility and the water storage tank in the future will not impose significant adverse impacts on the surrounding area. The development plans are subject to the same criteria as other private development under the Ocoee Land Development Code. The buildings facing Maguire Road would be brick and are designed to be compatible with the adjoining office complex to the south. On February 25,2004, the Development Review Committee (DRC) met to determine if the proposed annexation and public use was consistent with the City's regulations and policies. Based on the analysis and subsequent discussions, the DRC recommended the annexation of the subject property with the proposed public use as a reclaimed booster pump station. Based on DRC recommendation and the analysis, Staff recommends that the Planning and Zoning Commission recommend approval of the annexation and initial zoning ofP.S. "Professional Offices & Services" and the approval of the "essential use" (pump station & reuse water storage tank) under Subsection 5-7 of the Ocoee LDS for the City owned property at 932 Maguire Road. The public hearing for the Maguire Road Pump Station Annexation was opened. Chairman Golden stated that all comments regarding the Maguire Road Pump Station would carry forward for each public hearing. Rex Heinecke, 810 Grovesmere Loop, stated he was concerned about the curb appeal for the area. Public Works Director Wheeler stated the building would match the surrounding offices and it would be heavily landscaped and the pump station will be low profile. Stephanie Chang representing PEC stated the storage tank would be rectangular in shape and approximately 12- 14 feet in height. Public Works Director Wheeler stated that the City went through a lengthy process to purchase land for this site and a premium price was paid for the property. The public hearing for the Maguire Road Pump Station Annexation was closed. 2 Planning and Zoning Commission Regular Meeting March 9, 2004 Member Keller, seconded by Vice-Chairman McKey, moved that the Planning & Zoning Commission recommend approval of the Maguire Road Pump Station Annexation. Motion carried unanimously. The public hearing for the Maguire Purnp Station Initial Zoning was opened. As no one wished to speak, the public hearingfor the Maguire Road Station Initial Zoning was closed. Member Keller, seconded by Member Rhodus, moved that the Planning & Zoning Commission recommend approval of the Maguire Road Pump Station Initial Zoning to P.S. Motion carried unanimously. The public hearing for the Maguire Road Purnp Station Public Use was opened. As no one wished to speak, the public hearing for the Maguire Road Purnp Station Public Use was closed. Member Keller, seconded by Vice-Chairman McKey, moved that the Planning & Zoning Commission recommend approval of the Maguire Road Pump Station Public Use. Motion carried unanimously. VILLAS AT WOODSMERE CONCEPTUAL PLAN - PROJECT #CP-OI-0I-04 Planning Manager Lewis presented the staff report for the Villa at W oodsmere Conceptual Plan. The Villas at Woodsmere townhouse development is located on the west side of Good Homes Road, just north of SR 50 and Good Homes Plaza. The property has a Professional Offices and Services Future Land Use designation in the Comprehensive Plan and is zoned P-S. The northern edge of the property abuts part of Rose Hill subdivision, in Orange County, the southern edge and western edges of the property abut the Good Homes Plaza shopping center and an existing retention pond. The proposed townhouse development which would consist of 64 townhouse lots is not consistent with the existing zoning of the subject property, however, Section 4-06(A)(4) of the Land Development Code provides a special procedure for approval of a Conceptual Plan for a proposed development within the SR 50 Special Overlay District that is inconsistent with the existing underlying zoning. This special procedure requires advertised public hearings with the Planning & Zoning Commission and the City Commission. Any approval of the Conceptual Plan will be subject to a Preliminary and Final Subdivision Plan acceptable to the City Commission and in compliance with the requirements of the Land Development Code. 3 Planning and Zoning Commission Regular Meeting March 9, 2004 There is an existing 7' brick wall along the entire southern boundary of the site. The developer will construct a new 7' brick wall along the entire northern and western boundaries of the sire to buffer the townhouse development from the existing Rose Hill subdivision. Turn lanes on Good Homes Road will also be provided as determined by a traffic analysis approved by the City with the Preliminary Subdivision Plan. This will be a gated community with gates at the entrance from Good Homes Road. The Land Development Code requires a minimum living area of 1,200 square feet per unit for townhouses, which has been exceeded in this Conceptual Plan. The only wavier being requested is from the maximum cul-de-sac length of 800 feet, due to the unique constraints of limited access and the shape of the property. Staff supports this requested wavier. The Traffic Impact Analysis shown on the plan indicates that the impact of the proposed townhouse development is less than the impact that would have been generated by an office development on this property, thereby meeting the criteria set forth in the Code for a development that is inconsistent with the underlying zoning. The Development Review Committee (DRC) reviewed the proposed Conceptual Plan on February 25,2004, and discussed a few remaining issues. It was agreed that all of the requested changes to the Plan would be made prior to the Planning & Zoning Commission hearing. It was also recommended that the Developer meet with the Rose Hill HOA proper to the public hearings. When the discussion was finished, the DRC voted to recommend approval of the Conceptual Plan, with the plan changes identified in written comments from Foley & Lardner and from Planning. All of the plan changes that were discussed at the DRC meeting have been made on the plans that were submitted for the public hearings. Based on the recommendation of the DRC, Staff recommends that the Planning & Zoning Commission recommend approval of the Conceptual Plan for the Villas at Woods mere, as date stamped received by the City on March 4, 2004, including the proposed wavier regarding cul-de- sac length. The public hearing was opened. Applicant Jay Ballard stated he met with a HOA member and the HOA supports this project. John Tonnemauler, 8858 Hillsdale Drive asked what the buffer would consist of. Planning Manager Lewis stated there would be a 7' brick wall and landscaped to meet code which would include trees, groundcover and shrubs. Discussion ensued regarding traffic and school concerns. The public hearing was closed. 4 Planning and Zoning Commission Regular Meeting March 9, 2004 Member Campbell, seconded by Vice-Chairman McKey, moved that the Planning & Zoning Commission recommend approval ofthe Villas at Woodsmere Conceptual Plan, including the proposed wavier regarding cul-de-sac length. Motion carried unanimously. INGRAM ESTATES-ANNEXATION AND INITIAL ZONING-PROJECT #AX-03-12-13 Principal Planner James presented the staff report for Ingram Estates Annexation & Initial Zoning. The three parcels (Lake Tracy LLC, Gilliam Trust and MCO Industries) are located on the southeast corner of the McCormick Road and Ingram Road intersection. All three properties are designated "Low Density" on the Joint Planning Area (JP A) Land Use Map. The applicant has requested an Ocoee initial zoning classification ofR-l-AA: Single Family Residential for the Lake Tracy LLC/Ingram Estates and MCO Industries properties and A-I: General Agricultural for the Gilliam Trust property. The applicant is proposing a single-family residential subdivision on the Lake Tracy LLC and the MCO Industries properties with the Gilliam Trust property continuing as agricultural business for the near future. These requested Ocoee initial zonings are consistent with the JP A Land Use Map and the Ocoee Future Land Use Map. The subject property is located within the Ocoee-Orange County Joint Planning Area (JP A) and is being considered for annexation as outlined in the JP A Agreement and is consistent with the Future Land Use Element Policy. The City will require an annexation agreement with the Applicant to address the following Issues: McCormick Road Right of Way: The dedication of an additional 10 feet south of the current right of way for the purpose of drainage & utilities; Subdivision Ingram Road Entrance Alignment: The entrance/exit on Ingram Road shall be aligned with the entrance/exit the previously approved McCormick Woods subdivision; Ingram Road Entrance: The entrance may require left turn lanes that require additional right of way dedication; Other Ingram Road Improvements: This roadway will require upgrading to City development standards in the Land Development Code. Coordination with McCormick Woods Subdivision on these upgrades will be necessary; and Cross-access to subdivisions to the East: The Ingram Estates subdivision plan should include at least one roadway "stub-out" on the interior roads to connect with any future extension of Clark Road to the east. On February 25,2004, the Development Review Committee met to consider the annexation of the Lake Tracy/Ingram Estates, the MCO Industries, and the Annie D. Gilliam Trust properties. The DRC recommended approval of the annexation of these three parcels subject to the execution of an Annexation Agreement as generally outlined above. 5 Planning and Zoning Commission Regular Meeting March 9, 2004 Based on DRC recommendation, Staff recommends that the Planning & Zoning Commission recommend approval of the annexation of three subject properties with the initial zoning ofR- lAA, Single Family Residential for Lake Tracy LLC/Ingram Estates and MCO Industries, and A- I, General Agriculture for the Annie D. Gilliam Trust. These annexations are subject to the execution of an Annexation Agreement. The public hearing for the Ingrarn Estates Annexation was opened. Annie D. Gilliam 3917 Ingram Road, stated she has horses and a landscape nursery on her property and wants to make sure that her property is zoned agricultural. The public hearingfor the Ingrarn Estates Annexation was closed. Member West seconded by Member Campbell, moved that the Planning & Zoning Commission recommend approval of the Ingram Estates Annexation, subject to the execution of the Annexation Agreement. Motion carried unanimously. The public hearing for the Ingrarn Estates Initial Zoning was opened. Robert Gormican, 980 W. McCormick Road stated he objects to the Preliminary Plan of the street design. Community Development Director Wagner told Mr. Gormican to let the Community Development Department know what he would like to see in the way of street design for this project when it comes back for PSP review. The public hearing for the Ingrarn Estates Initial Zoning was closed. Member West, seconded by Vice-Chairman McKey, moved that the Planning & Zoning Commission recommend approval of the Ingram Estates Initial Zoning to R-IAA and to include that the Annie D. Gilliam property would be zoned A-I, General Agriculture. Motion carried unanimously. FOREST BROOKE - FINAL SUBDIVISION PLAN - PROJECT #LS-03-003 Planning Manager Lewis presented the staffreport for the Forest Brooke Final Subdivision Plan. Phase 3 of the Forest Brooke Subdivision is located south of McCormick Road, just west of the Western Beltway. The third phase includes 140 single-family residential lots on about 49.5 acres. The property is zoned R-IA requiring a minimum lot width of70 feet and lot size of 8,000 SF. Forest Brooke is a gated community with gates at each entrance and Phase 3 will have access from Phase 2. 6 Planning and Zoning Commission Regular Meeting March 9, 2004 The Development Review Committee (DRC) reviewed the proposed Final Subdivision Plan on February 25,2004, and discussed a few remaining issues. The discussion centered on two things: 1) making sure the entrance features and the gates on the secondary entrance would look the same as the other secondary entrance west of Ocoee Apopka Road; and 2) the severe slopes on the property, how they have created some problems with the first two phases and how they will be handled in the third phase. It was decided that the project engineer would work closely with the Engineering and Building Inspectors on a lot-by-Iot basis to ensure that all grading and potential erosion problems are satisfactorily addressed. The DRC voted to recommend approval of the Final Subdivision Plan, with the understandings that has been reached during the discussion. Based on the recommendation of the DRC, Staff respectfully recommends that the Planning & Zoning Commission recommend approval of the Final Subdivision Plan for Phase 3 of Forest Brooke, as date stamped received by the City on March 4,2004. Chairman Golden asked Engineer Evans to come to the podium to speak regarding the large areas that would be cleared of trees. Engineer David Evans, stated the clearing work would be done on a tier-by-tier basis which would save more trees. Further discussion ensued regarding saving trees on the property. Member West stated he would abstain from voting. Vice-Chairman McKey, seconded by Member Keller, moved that the Planning & Zoning Commission recommend approval of the Forest Brooke Phase 3 Final Subdivision Plan date stamped by the City on March 4, 2004, with the added condition that the developer work closely with the City's Engineering and Building Inspectors on a lot-by-Iot basis to ensure that all grading and potential erosion problems are satisfactorily addressed and to ensure that as many trees as possible are saved. Motion carried unanimously with Member West abstaining. OCOEE COMMONS PUD FINAL SUBDIVISION PLAN - ASHTON PARK (a.k.a.-KAZAROS PROPERTY) - PROJECT # AP-02-02-01A & AP-02-02-01 Planning Manager Lewis presented the staff report for the Final Subdivision Plan for the Ocoee Commons PUD and Ashton Park. The Ocoee Commons PUD property includes about 74.3 acres located on the north side ofSR 50 and east of Blackwood A venue across form the hospital, as well as land further to the north across Shoal Creek. The Ocoee Commons PUD Land Use Plan and the Preliminary Subdivision Plan provides a mix of land uses such as commercial and office uses as well as townhouses between commercial uses and Shoal Creek. 7 Planning and Zoning Commission Regular Meeting March 9, 2004 The Final Subdivision Plan for the Ocoee Commons PUD and Ashton Park is consistent with the approved PUD Land Use Plan and the Preliminary Subdivision Plan. It provides for the construction of road improvements, utilities and a master storm water system to serve the mix of uses. The Plans for Ashton Park show the single family subdivision with Tracts 'A' and 'B' of the Ocoee Commons PUD will be subdivided and developed. This subdivision provides an extension of Montgomery Avenue through the PUD to Blackwood Avenue. This connection along with the second connection to SR 50 provided by a future road within Tract 'K' will provide significantly improved traffic circulation in this area for the general population, as well as for public services. The Development Review Committee (DRC) reviewed the Final Subdivision Plan for the Ocoee Commons PUD and Ashton Park on March 2, 2004. There were several technical issues to be addressed from the City Attorney, Planning, and Engineering that were identified in written staff comments and presented verbally. All of the issued were discussed and a few minor changes to the Plan were agreed upon. The issues are summarized as follows: 1) Attorney- add a note to the legal description for Ashton Park; delete a few sentences from a couple of the Conditions of Approval. 2) Planning - three surveys and tree protection; the site lighting details; signage, landscaping and maintenance of Tract J (Ashton Park HOA). 3) Engineering - storm water calculations; the storm water pollution prevention plan; details related to some of the back yard swales in Ashton Park. When the discussion was finished, DRC voted unanimously to recommend approval of the proposed Final Subdivision Plan, subject to making the changes agreed upon at the DRC meeting prior to the City Commission meeting. Based on the recommendation of the DRC, Staff respectfully recommends that the Planning & Zoning Commission recommend approval of the Final Subdivision Plan for the Ocoee Commons PUD and Ashton Park, as date stamped received by the City on March 4,2004, subject to making the changed agreed upon at the DRC meeting. Member West, seconded by Member Rhodus, moved that the Planning & Zoning Commission recommend approval of the Final Subdivision Plan for Ocoee Commons PUD and Ashton Park as date stamped received by the City on March 4, 2004, subject to changes agreed upon at the DRC meeting as described in the written comments prior to the City Commission Meeting. Motion carried unanimously. OTHER BUSINESS - NONE 8 Planning and Zoning Commission Regular Meeting March 9, 2004 COMMENTS Community Development Wagner stated the Kane's Furniture Store project as well as the Goodman Center would be starting in approximately 60 days. ADJOURNMENT The meeting was adjourned at 8:50 p.m. Attest: APPROVED: ~~ Brenda Brasher, Deputy City Clerk 9 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS i-() tJ 'I ~ i WHO MUST FILE FOAM 88 f This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. 1 council, commission, authority, or committee. It applies equaliy to members of advisory and non-advisory bodies who are present~dl with a voting conflict ofinterest under Section 112.3143, Florida Statutes"l '1 'I 1 'j j Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on chis fonn before completing the reverse side and filing the form. L-.- INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES j A person holding elective or appointive coun:-i, municipal, or other local public ofEce ~IUST ABSTAIN from 'mtlng on a me~ure which inures to his or her specIal private gain or loss. Each elected or appointed local officer also is prohibited from knowingly votir:g ~'l a measure which inures to the special gain or loss of a ?rincipal (other than a government agency) by whom he or she is retain~c .eluding the parent organization or suosidia..ry ofa corporate principal by which he or she is retained); to the special private gain or i lOSS .)f a relative; or to the special private gai:: or loss of a business associate. Commissioners of community redevelopmerlt agenc:es under Sec. 163.356 or 163.357, F.S., and oGce:s of independent special taX districts elected on a one-acre, one-vote basis are :tot Fro- hibited from voting in that capacity. For purposes of this law, a "relative" induc"" only the officer's father, mother, son, daughter, husband, wife, brother, sister, father- in-law, mother-in-law, son-in-law, and daug-". :,er....in-law. A "business associate" means any person or end ty engaged in or carrying on a business enterprise with the officer as a pc,: :::er, joint venturer, coowner of prop.:;r.]', or corporate shareholder (where the s;,ares or the corporation are not listeci on any nador,c Jr regional stock exchange). * * * * * . * * ELECTED OFFlCERS: In addition to abstaining from voting in thi.' :uations descri~d above, you must disclose the conflict: PRIOR TO THE VOTE BEING TA: ~ by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from votin~ Jto. WITHIN 15 DAYS A?TER THE Vcr.. ; OCCURS by completing and filing this fonn with the person responsible for recording the minutes of the m2ecng, who shou l incorporate the fonn in the minutes. * * * * * . * * " * .. " . APPOINTED OFFICERS: I You must abstain from voting and disclose ::le conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these :-::atter", you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writingmd wnether made by you or at your direction. [F YOU INTEND TO MAKE A..'fY .'_'ITEMPI' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE -'OTE WILL BE TAKEN: You must complete and tile tl-:: recording the minutes of the rr-, A copy of the fonn must be pre "'he fonn must be read public fonn (before making any attempt to influence the decision) with the person responsible for ing, who will incorporate the form in the minutes. :edimmediately to the other members of the agency. : the next meeting after the forn: is filed. c qM 8a - REV. 1195 ..,.11 ,.... 0:- ..