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HomeMy WebLinkAboutPlanning & Zoning 02/08/2005 THE MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, FEBRUARY 8, 2005 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, Members Campbell, Keller, McKey, Morris, Rhodus, Sills, and West. Also present were Community Development Director Wagner, City Attorney Storey, and Deputy City Clerk Brasher. ABSENT: Member Riffe, who was excused. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, January 11 , 2005. Member West. seconded by Member Sills. moved to accept the Consent Aqenda as presented. Motion carried 8-0. NEW BUSINESS VILLAS AT WOODSMERE - PRELIMINARY/FINAL SITE Senior Planner Grimms presented the staff report for the Preliminary/Final Site Plan for the Villas at Woodsmere. The Villas at Woodsmere townhouse development is located on the west side of Good Homes Road, just north of SR 50 and the 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 subject property abuts part of the 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 Villas at Woodsmere includes 64 townhouse lots on about 6.4 acres. The developer will construct a 7' brick wall along the entire northern and western boundaries of the site to buffer the townhouse development from the existing Rose Hill subdivision. Turn lanes on Good Homes Road will also be provided. The only waiver requested and granted by the City Commission was from the maximum cul-de-sac length of 800 feet, due to the unique constraints of limited access and the shape of the subject property. Planning and Zoning Commission Regular Meeting February 8, 2005 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On January 26, 2005, the DRC reviewed the proposed Villas at Woodsmere and a number of issues were discussed. The DRC voted to recommend approval of the Preliminary/Final Subdivision Plan and Site Plan, provided the developer incorporates the changes discussed during the DRC meeting into a revised set of Preliminary/Final Subdivision Plans and Site Plan, prior to the Planning and Zoning Commission meeting. Most of the changes have been incorporated per the DRC direction, but with the . following still pending: ~ The road into the project will be a private road but not gated and will not be set up for gating in the future. The developer must put a definitive note in the plans indicating as such. ~ It was agreed that there would be an increase in spacing between units 53-60 with enhanced landscaping and utilize special unit shifts to allow for more space. ~ The developer will review the need to install sidewalks along the townhouse units along the access roads that is along units 53-60,37-42, and 61-64. ~ There will be raised curbs along each side of the internal road where there are not a series of driveways. STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary and Final Subdivision Plans and Site Plan for the Villas of Woodsmere, as date stamped received by the City on February 4,2005, provided the above four changes be made before presentation of Preliminary and Final Subdivision Plan and Site Plan to the City Commission. Vice-Chairman McKey asked if the streetlights would provide enough lighting between the buildings for security and asked why the driveways in the cul-de-sac were not longer to accommodate boats and recreational vehicles. Attorney Storey advised the board that boat and recreational vehicle parking is prohibited in the subdivision. Joe Kolb said the carriage lights will be the owner's responsibility with enforcement by the Homeowners Association and he agreed to adjust the street lighting to 250 watts. The public hearing was opened. Joe Kolb, representative from V.H.B. Consultants, stated it would not be a problem to add additional sidewalks along the lots in the cul-de-sac, which would be Units 33-36 and Units 53-56. The public hearing was closed. Member Campbell. seconded by Member Keller, moved to recommend approval of the Preliminary and Final Subdivision Plans and Site Plan for the Villas at Woodsmere, as date stamped received by the City on February 4,2005, provided the followinq 2 Planning and Zoning Commission Regular Meeting February 8, 2005 chanqes be made before presentation of the Preliminary and Final Subdivision Plans and Site Plan to the City Commission: 1) The road into the project will be a private road but not qated and will not be set UP for qatinq in the future. The developer must put a definitive note in the plans indicatinq as such: 2) It was aqreed that there would be an increase in spacinq between units 53-60 with enhanced landscapinq and utilize special unit shifts to allow for more space; 3) The developer will review the need to install sidewalks alonq the townhouse units alonq the access road, that is alonq units 33-36,37-42,53-64: 4) There will be raised curbs alonq each side of the internal road where there are not a series of driveways. Motion carried 8-0. GRACE COMMUNITY OF FAITH CHURCH - ANNEXATION - REZONING - SPECIAL EXCEPTION Principal Planner James presented the Staff report for the Grace Community of Faith Church Annexation, Rezoning, and Special Exception. The property is located on Old Silver Star Road, southwest of the intersection of Silver Star Road and Old Silver Star Road and east of Johio Shores Road. This :!::6.92-acre vacant parcel is the southern- most property in an Orange County enclave. The applicant is proposing a church and a religious-education building. The Future Land Use is currently Orange County/Low Density Residential and the proposed usage is Ocoee/Low Density Residential. The current zoning is currently Orange County/Residential (RC-E) and the proposed zoning is Ocoee/Single Family Dwelling (R-1AA) with a Special Exception. Chapter 171.044, Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory as long as it does not create an enclave The subject property is located with the Ocoee-Orange County Joint Planning Area and is being considered for annexation as outlined in the JPA Agreement. The annexation will not require a Comprehensive Plan Amendment per Subsection 8-B of this agreement and is consistent with Subsection 6-D. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Agreement and no comments, as of the date of this report, have been received from Orange County. The proposed annexation is a logical extension of the City limits, city water and sewer is available at Johio Shores and Johio Bay Roads and urban services can be provided. The requested Future Land Use Classification is consistent with the Ocoee Future Land Use Map and the JPA Land Use Map and the requested zoning is consistent and compatible with the surrounding properties. 3 Planning and Zoning Commission Regular Meeting February 8, 2005 According to the Ocoee Land Development Code, church uses are permitted as a Special Exception in the following residential zoning classifications: R-1, R-1A, R-1AA, R-1AAA, R-2, and R-3. Special Exceptions are defined in Subsection 2-4.c (282) of the City of Ocoee LDC as: ~ A Special Exception is a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. The Applicant has met the requirements for the Special Exception petition as shown in the "Preliminary Site Plan for Special Exception" date stamped September 10, 2004; however; the Applicant did not include two provisions required in the "Special Exception Conditions of Approval". Staff has informed the Applicant of the necessity to include these provisions prior to the approval of this Special Exception for church use in an area zoned residential. These provisions are as follows: ~ The Final Site Plan shall comply with the Special Exception Preliminary Site Plan as approved by the City Commission; and ~ Prior to the approval of the Final Site Plan for the project, or any portion thereof, the Applicant/Owner will need to apply for and obtain a Final Certificate of Concurrency pursuant to Article IX of the Ocoee Land Development Code. Neither the review of the application/project by the City nor the granting of any approval sin connection with such review shall be construed to grant the Applicant/Owner any entitlement to obtain a Final Certificate of Concurrency with respect to all or any portion of the project or to create any exception from the provisions of Article IX of the Ocoee Land Development Code. On January 26 2005, the Development Review Committee (DRC) reviewed the proposed annexation of the property and the special exception church use as illustrated in the "Preliminary Site Plan for Special Exception" date stamped September 10, 2004. The DRC recommended the annexation of the property and the approval of the special exception application subject to the inclusion of the above provisions in the "Special Exception Conditions of Approval". Based on the Staff Report and recommendation of the DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the annexation and rezoning of the property to R-1AA: Single Family Residential, and recommended the approval of the Special Exception for the church use within the R-1AA zoning district subject to the inclusion of two additional provisions listed above on the "Special Exception Conditions of Approval". Community Development Director Wagner stated that in order for the applicant to get sewer and water from the City, they had to annex the property into the City. 4 Planning and Zoning Commission Regular Meeting February 8, 2005 The public hearing was opened. Member Campbell asked Pastor Ware why he wanted to annex the property into Ocoee. Larry Ware said they were unable to get water and sewer from Orange County and the property would need to be annexed into the City in order to get utilities. Roger Caculitan, Engineer for the project, was present to answer questions regarding the project. Gary Thomas, 2641 Florence St., Orlando, stated his concerns with the church changing their plans since being approved by Orange County. The public hearing was closed. Vice-Chairman McKey, seconded by Member Keller, moved to recommend approval of the annexation and rezoninq of the subject property to R-1AA: Sinqle Family Residential. and to recommend approval of the Special Exception for the church within the R-1AAA zoninq district subiect to the inclusion of two additional provisions listed on the "Special Exception Conditions of Approval". Motion carried 8-0. GRACE COMMUNITY OF FAITH CHURCH - LARGE SCALE PRELIMINARY SITE PLAN Senior Planner Fabre presented the Staff Report for the Grace Community of Faith Church Large Scale Preliminary Site Plan. The site includes :t6.92-vacant acres and is situated on the southern-most portion of an existing Orange County Enclave. The abutting properties of the subject site are mostly comprised of single-family residential su bd ivisions. Grace Community of Faith Church has submitted a Preliminary Site Plan for approval of a church with associated buildings. The proposed uses on the site would include a sanctuary, a multi-purpose building, and a chapel, but the church anticipates building its facilities in two phases. Phase 1 would consist of the construction of a multi-purpose building and associated infrastructure. The multi-purpose building is designed to have a maximum height of :!:32 feet with a drive-thru canopy. Phase 2 would consist of the remaining buildings with their associated infrastructure. The approval of the large-scale site plan will enable the church to submit small-scale site plans for each phase of the project. The site will have primary access from Johio Shores Road and secondary access from Old Silver Star Road. To widen the current right-of-way along Old Silver Star Road, the applicant will grant 10-feet right-of-way. Additional right-of-way along Johio Shores 5 Planning and Zoning Commission Regular Meeting February 8, 2005 Road will also be dedicated to the City in order to be consistent with buffer requirements. A six-foot wide sidewalk along public right-of-way has been proposed. The Development Review Committee (DRC) met on January 26, 2005, and reviewed the Preliminary Site Plan. There were several minor technical issues to be addressed from the Planning and Engineering departments that were identified in written Staff comments and presented verbally. All of the issues were discussed and a few minor changes to the Plan were agreed upon. The DRC voted unanimously to recommend approval of the Preliminary Site Plan, subject to the developer making changes specified in the reports. These changes were made and shown on the plans, dated stamped received by the City on February 3, 2005. Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval Preliminary Site Plan for Grace Community of Faith Church, as date stamped received by the City on February 3, 2005, subject to City Commission approval of the requested Annexation, Initial Zoning, and Special Exception to allow for a church facility. The public hearing was opened. The Planning and Zoning Commission members voiced their concerns regarding parking and traffic issues. Senior Planner Fabre stated that a Traffic Study has been done and the study showed that off-site improvements were not required at this time but in the "Conditions of Approval", a Traffic Study is required before Phase 2 is approved. Member Keller stated that he would like to require that the church come back before the Planning and Zoning Commission when the Small Scale Comprehensive Amendment is presented to the City. Community Development Director Wagner said it would be possible but the City has not put other churches through that same process and if the process changes for this church; all churches in the future would need to go through the same process. The following spoke with concerns regarding traffic, food pantry, day care, visibility, privacy wall, trees, noise, retention ponds, and uses of the multipurpose building: 1) Jim Pierdominici, 2806 Mauldin Road, Orlando 2) Pat Campbell, 2706 Springfield Drive, Ocoee 3) Ken and Lillian Lasseter, 2510 Johio Shores Road, Ocoee 4) Shirley Chasteen, 2831 Mauldin Road, Orlando 5) Suellen Ritter, 2813 Mauldin Road, Orlando 6) Gary Thomas, 2641 Florence Street, Orlando 6 Planning and Zoning Commission Regular Meeting February 8, 2005 Roger Caculiton, Engineer for the applicant, stated there will not be a wall constructed but a hedge will be planted that will grow to 6-feet in height and as many trees as possible will be saved. Chairman Golden asked Mr. Caculiton to show on the plans the trees that will be saved. Member Keller asked if a right turn lane should be added. Community Development Director Wagner said the church is not responsible for all of the improvements since traffic problems already exist. The public hearing was closed. The Planning and Zoning Commission members voiced the following suggestions and concerns: 1) Traffic 2) Limit parking to one space per four occupants (seats). 3) People parking on the side streets. 4) No metal or metal clad buildings. 5) Requirement of 36" high shrubbery along Johio Shores and Old Silver Star Roads. 6) Right turn lane or a taper lane. 7) Limiting time frame on construction of Phase 2. Vice-Chairman McKey, seconded by Member Keller, moved to recommend approval of the Preliminary Site Plan for Grace Community of Faith Church, as date stamped received by the City on February 3, 3005. subject to City Commission approval of the requested Annexation, Initial Zoninq, and Special Exception to allow for a church facility and with the followinq conditions: 1) Riqht-of-way on Silver Star Road and Johio Shores Road to be dedicated for future turn lanes; 2) Additional traffic study would be required based on the anticipated turn lanes needed for Phase 2: 3) Grace Community Church of Faith would be responsible for the minimum improvements necessary at the intersection to create a safe riqht turn: 4) No more than four occupants (seats) per one parkinq space; 5) The buildinqs shall be constructed with a minimum architectural standard of exterior stucco finish. Metal or metal clad buildinqs are prohibited: 6) Shrubbery alonq Old Silver Star and Johio Shores Roads shall be no less than 36" in heiqht; 7) Comments from the previous public hearinq are to be carried forward. Motion carried 8-0. 7 Planning and Zoning Commission Regular Meeting February 8, 2005 ADJOURNMENT The meeting adjourned at 9:59 p.m. /APP~ l ~/:! ~9~ Golden, Chairman ~ ~O~~UJ/ Brenda Brasher, Deputy City Clerk 8