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HomeMy WebLinkAboutPlanning & Zoning 04/13/2004 THE MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, APRIL 13, 2004 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 7:50 p.rn.), Keller, Riffe, Sills, and West. Also present were Community Development Director Wagner, Planning Manager Lewis, Chief Assistant City Attorney Cookson, and Deputy City Clerk Brasher. ABSENT: Member Rhodus, who was excused. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, March 9, 2004. Member Keller, seconded by Member West, moved to accept the Consent Agenda as presented. Motion carried unanimously. NEW BUSINESS POER PROPERTY LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CASE NO. AX-03-12-14 - DCA NO. OCOEE 04-01 Community Development Director Wagner presented the Staff Report for the proposed Large Scale Comprehensive Plan Amendment for the Poer Property. Community Development Director Wagner stated that this property is 29.25::1: and property over 10-acres requires a Large Scale Comprehensive Plan Amendment, which would change the future land use classification from Orange County "Rural Agriculture" to City of Ocoee "Low Density Residential" and "Conservation/Floodplains." Community Development Director Wagner said the property abuts the southern boundary of the Ocoee Crown Point PUD and is west of State Road 429 (Western Expressway) overpass at Fuller's Cross-East Crown Point Roads. The property was originally located in the Orange County-Winter Garden Joint Planning Area (JPA) in unincorporated Orange County. In order for the City of Ocoee to annex this property and submit a Future Land Use Map Amendment, the City coordinated with the City of Winter Garden and Orange County to move the property from Planning and Zoning Commission Regular Meeting April 13, 2004 the Orange County-Winter Garden JP A to the Orange County-Ocoee JP A. The City of Ocoee requested annexation and an amendment to the Orange County-Ocoee JP A Land Use Map and the annexation of this property was subject to the approval of the JPA Amendment. The Orange County Board of County Commissioners adopted the 11 th Amendment to the Orange County- Ocoee JP A incorporating the Poer Property into the Joint Planning Area and the land use changed to Low Density Residential on April 6, 2004. The property is currently vacant with an existing land use classification of "Rural Agriculture" and "Conservation" on the Orange County existing Land Use Map. Vice-Chairman McKey asked if this property was in the 100-year floodplain. Community Development Director Wagner said the property may have wetlands but there is no land within the 100-year floodplain and the City of Ocoee does not permit development in the 100-year floodplain unless it is for a utility or roadway crossing. Discussion ensued. Community Development Director Wagner said the subject property will be designated "Low- Density Residential" and "Conservation-Floodplains" on the Ocoee Comprehensive Plan Future Land Use Map; therefore, the proposed Future Land Use Plan Amendment will be consistent and compatible with the City of Ocoee Comprehensive Plan, the JP A Land Use Map, and the surrounding land used within the City of Winter Garden. The property is landlocked at this time; however, this property will be joined with the Ocoee Crown Point PUD to the north. The property will have access via the internal roadways of this PUD primarily to Fullers Cross Road and secondarily to County 437/0coee-Apopka Road. The PUD is required to decrease the impact of the development by providing intersection roadway improvements to decrease the impact of traffic as the project develops. Furthermore, the PUD is located between two interchanges on the newly completed Western Expressway/SR429. Community Development Director Wagner indicated that the area has a Transportation Master Plan as indicated in the Ocoee Crown Point PUD Traffic Impact Mitigation Plan and traffic would not significantly be increased. He further stated the entire area is the subject of the Northwest Sector Study that is underway. Community Development Director Wagner stated the Poer Property is outside of the City's Utility Service Area and Orange County Utilities would provide water and sewer service through an Interlocal Agreement. Community Development Director Wagner stated stormwater retention would be provided on- site and it would be in accordance with the Conceptual Stormwater Master Plan for the entire PUD and the Poer Property. The SJRWMD has approved this master plan. Drainage for the property will be by storm sewer piping with an outfall to a retention pond and all stormwater drainage would meet the requirements of Chapter 25-17, Florida Administrative Code. Since the 2 Planning and Zoning Commission Regular Meeting April 13, 2004 development is within the Lake Apopka basin, the water quality will also meet the Lake Apopka Rule put in place by SJRWMD. All retention ponds have been conceptually designed and the Lake Apopka Rule requirements substantially increase the volume of Stormwater retention beyond normal permitting standards. Community Development Director Wagner said the property would merge with the Ocoee Crown Point PUD with access through internal roadways to a 23-acre community park. This property would be connected to the West Orange Trail and would be connected in the future to the Lake Apopka Loop. Discussion ensued regarding roadways and recreation facilities. Community Development Director Wagner advised the Planning and Zoning Commission that this piece of property owned by the City is very important in regards as a financial means to pay for the infrastructure for the schools. Staff recommends the transmittal of the proposed Comprehensive Plan Amendment changing the future land use classification on the Poer Property from Orange County "Rural Agriculture" to City of Ocoee "Low Density Residential" and "Conservation/Floodplains" future land use classification. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member West, seconded by Vice-Chairman McKey, moved that the Planning & Zoning Commission recommend approval of the transmittal of the proposed Comprehensive Plan Amendment changing the future land use classification on the Poer Property from Orange County "Rural Agriculture" to City of Ocoee "Low Density Residential" and "Conservation/Floodplains" future land use classification. Motion carried unanimously. CRESTWOOD COMMONS PRELIMINARY SUBDIVISION PLAN - PROJECT NO. LS-03-007 Planning Manager Lewis presented the staff report for Crestwood Commons Preliminary Subdivision Plan and stated that Crestwood Commons is a townhome community of 97 units, which will occupy Tract C of the Ocoee Commons PUD. The proposed project includes 14.4::1:- acres and is located east of Blackwood Avenue and north ofSR 50. The Crestwood Commons property is bounded on the south and west sides by commercial areas, mostly past of the Ocoee Commons PUD. Crestwood Commons will be a gated community, with recreation facilities and meeting space for the residents provided within the project itself. A 6' buffer wall and landscaping that will be built along Montgomery A venue. Planning Manager Lewis stated that the Development Review Committee (DRC) reviewed the Preliminary Subdivision Plan for Crestwood Commons on March 23, 2004. There were a few 3 Planning and Zoning Commission Regular Meeting April 13, 2004 minor issues to be addresses from the City Attorney and from the Planning Department that were identified in written staff comments. All of the issues were discussed and a few minor changes to the plan were agreed upon. When the discussion was finished, the DRC voted unanimously to recommend approval of the Preliminary Subdivision Plan, subject to making changes agreed upon at the DRC meeting. The plans have now been revised to address all the issues that were discusses at the DRC meeting. Planning Manager Lewis stated that based on the recommendation ofthe DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary Subdivision Plan for Crestwood Commons, as date stamped received by the City on April 6, 2004. John Walls, representing Morrison Homes stated the town homes would be approximately 1,700 sq. ft. with three bedrooms and two car garages. A lengthy discussion ensued regarding saving trees on the property. The public hearing was opened. Kermit Bushur, 441 Vandergrift Drive, inquired as to the property owned by F.D.O.T. in the area of this project. Community Development Director Wagner stated that the City of Ocoee is trying to obtain the property from F.D.O.T. The public hearing was closed. A lengthy discussion ensued regarding a condition of approval made by Chairman Golden to save protected trees on the Crestwood Commons Final Subdivision Plan. Community Development Director Wagner said he did not think it was appropriate to put a condition of approval on a Preliminary Subdivision Plan. Discussion ensued regarding the proposed condition of approval. Chairman Golden withdrew the condition of approval. Vice-Chairman McKey, seconded by Member Keller, moved that the Planning & Zoning Commission recommend approval of the Preliminary Subdivision Plan for Crestwood Commons, as date stamped received by the City on April 6, 2004. Motion carried unanimously. TOWNS OF WESTYN BAY PUD FINAL SUBDIVISION PLAN PROJECT NO. LS-03-005 4 Planning and Zoning Commission Regular Meeting April 13, 2004 Planning Manger Lewis presented the staff report for Towns ofWestyn Bay PUD and stated that the Towns ofWestyn Bay PUD includes 18.3::1:-acres and is located on the north side of Ocoee Crown Point Parkway, west of its intersection with Ocoee Apopka Road. The property was part of the Westyn Bay Preliminary Subdivision Plan, designated as a future multi-family development with R-3 zoning. Planning Manager Lewis further stated that the Towns ofWestyn Bay would consist of 172 town home units. It will be a gated community and would be part of the Westyn Bay Master Homeowner's Association. Recreation facilities are provided within the project itself, but meeting space will be shared at the main recreation complex for the Westyn Bay subdivision. Planning Manager Lewis stated the Final Subdivision Plan for the Towns ofWestyn Bay PUD was reviewed by DRC on April 5, 2004. There were a few issues to be addressed from the City Attorney and from the Planning Department that were identified in written staff comments. All of the issues were discussed and a few minor changes to the plans were agreed upon. The DRC voted unanimously to recommend approval of the Final Subdivision Plan, subject to making the changes agreed upon at the DRC meeting, including using promenade style light poles with black shielded fixtures, submitting a street lighting plan to Staff for approval and installing all street lights proper to issuing the Certificate of Completion. The plans have been revised to address the issues that were discussed at the DRC meeting. However, there is an inconsistency between the plans prepared by the project engineer and the plans prepared by the project's landscape architect, specifically regarding the location of the buffer wall along Ocoee Crown Point Parkway. To resolve this inconsistency, the location of the buffer wall as shown on the plans prepared by the project engineer needs to be revised to match the location of the buffer wall as shown on the plans prepared by the project's landscape architect. Based on the recommendation of the DRC, Staff recommends that the Planning & Zoning Commission recommend approval of the Final Subdivision Plan for the Towns ofWestyn Bay PUD, as date stamped received by the City on April 7, 2004, subject to using promenade style light poles with black shielded fixtures, submitting a street lighting plan to Staff for approval and installing all street lights prior to issuing the Certificate of Completion and subject to revising the location of the buffer wall on the engineering plan sheets prior to the pre-construction meeting. Jay Diceglie, Project Manager for Leeds Holdings, stated Progress Energy has two light fixtures that would be acceptable to use and they have chosen the pole with a square hatbox on top. Member Campbell, seconded by Member Keller, moved that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for the Towns ofWestyn Bay PUD, as date stamped received by the City on April 7, 2004, subject to using promenade style 5 Planning and Zoning Commission Regular Meeting April 13, 2004 light poles with black shielded fixtures, submitting a street lighting plan to Staff for approval and installing all street lights prior to issuing the Certificate of Completion and subject to revising the location of the buffer wall on the engineering plan sheets prior to the pre-construction meeting. Motion carried unanimously. ADAIR POINTE FINAL SUBDIVISION PLAN - PROJECT NO. LS-02-008 Planning Manager Lewis presented the staff report for the Adair Pointe Final Subdivision Plan and the Adiar Pointe property includes 11 lots on 3.52::1:-acres ofland. The property is located on the east side of Adair Street approximately 1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. In the Annexation Agreement, the property owner agreed to provide additional 25 feet of road right-of-way for Adair Street, which is shown on the Final Subdivision Plan. This subdivision will not be gated. There will be a 6-foot brick wall with appropriate landscaping on both sides of the entrance with the wall extending northward along Adair Street to the north boundary of the subdivision. Planning Manager Lewis stated the developer was granted one wavier from the normal Code requirements of one (1) recreational amenity for a subdivision with 10-50 lots. The justification for not having any recreational amenity located within the subdivision is that the developer would pay fees in lieu of installing recreational facilities inside the subdivision. The DRC met on March 23, 2004, and reviewed the Adair Pointe Final Subdivision Plan. There was discussion of the various comments by the City Attorney, which were the only outstanding comments. The DRC voted unanimously to recommend approval of the Final Subdivision Plan subject to the comments of the City Attorney being incorporated into a revised Final Subdivision Plan prior to the Planning and Zoning Commission meeting. Staff has reviewed the revised Final Subdivision Plan, dated stamped April 7, 2004, and finds that all ofthe City Attorney's comments have been addressed. Planning Manager Lewis stated that based on the recommendation of the DRC, the Staff recommends that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for the Adair Pointe Subdivision to the City Commission, as date stamped received by the City on April 7, 2004. A lengthy discussion ensued regarding the removal and replacement of trees in this subdivision. Planning Manager Lewis stated the City of Ocoee does encourage the developers to save trees whenever possible but trees will have to be removed no matter what. Community Development Director Wagner stated that it is extremely hard for one employee to mark and save the trees and do their regular job duties. Homeowners often have the builder take the tree(s) down because they do not want tree(s) next to their house and they are the worst offenders when it 6 Planning and Zoning Commission Regular Meeting April 13, 2004 comes to taking tree(s) down. Community Development Director Wagner said he has concerns that the Planning and Zoning Commission was requiring this developer to do something that no other developer has been required to do and each developer should be treated equally. After much discussion regarding trees, the Planning and Zoning Commission came to a census that they would like to have a workshop with the City Commission. Vice-Chairman McKey, seconded by Member Riffe, moved that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for the Adair Pointe Subdivision to the City Commission, as date stamped received by the City on April 7, 2004 with an additional condition that five (5) 4-inch diameter trees are added along the retention pond area while safeguarding the sidewalks and utility areas. Motion carried unanimously. OTHER BUSINESS - NONE COMMENTS Chairman Golden stated he has been watching the Kanes Furniture project and he noticed that more trees had been cleared than previously had been on the lot. He further stated that the developer had cut down a 40" and a 50" oak tree with permission from the Engineering Department. Mr. Golden said he felt the departments should work together when it comes to saving trees. Community Development Director Wagner said the utility companies should be involved in the workshop so they realize the implications of destroying trees unnecessarily. ADJOURNMENT The meeting was adjourned at 9: 17 p.m. Attest: APPROVED: ~~~ Brenda Brasher, Deputy City Clerk ~~ 7