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HomeMy WebLinkAboutPlanning & Zoning 08/09/2005 THE MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, AUGUST 9, 2005 CALL TO ORDER Vice-Chairman McKey called the meeting to order at 7:05 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 Campbell, Keller, Morris, Rhodus, Sills, and West. Also present were Community Development Director Wagner, City Attorney Storey, Senior Planner Fabre and Deputy City Clerk Brasher. ABSENT: Members Golden and Riffe, who were excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, May 10, 2005. Chairman Golden. seconded bv Member Campbell. moved to accept the Consent Aqenda as presented. Motion carried 7-0. NEW BUSINESS ASHTON PARK - AMENDMENT TO OCOEE COMMONS PUD LAND USE PLAN AND FINAL SUBDIVISION PLAN FOR ASHTON PARK Senior Planner Fabre presented the staff report for the Amendment to the Dcoee Commons PUD and Ashton Park Final Subdivision Plan (FSP). The Dcoee Commons PUD, which encompasses :1:74 acres, was originally approved by the City Commission on March 18, 2003. The Deoee Commons PUD, whieh includes "Ashton Park" the single-family dwelling subdivision approved by the City Commission on April 6, 2004, is located at the northeast quadrant of the intersection of State Road 50 and Blackwood Avenue. The Applicant is requesting an amendment to certain Conditions of Approval for the existing Dcoee Commons PUD and Ashton Park Final Subdivision Plan. The amendments are comprised of changes to certain residential lots (rear setback, maximum impervious area, and maximum building coverage) in the Ashton Park Subdivision. In addition, a redefinition of the conservation tract for the Dcoee Commons PUD will also be incorporated in order to ensure a City dedicated "nature trail" system will be incorporated in the future. The Dcoee Commons PUD property has a mix of future land use designations: a Commercial designation over the portion of the property located south of Shoal Creek, Planning and Zoning Commission Regular Meeting May 10, 2005 a Conservation designation over the Shoal Creek wetland area, and a Low Density Residential designation over the portion of the property located north of Shoal Creek. The northern portion of the Dcoee Commons property is bounded on the east by the Hammocks subdivision (R-1AA zoning), on the north by the Highlands subdivision (R- 1AA zoning) as well as some other single-family homes (R1AA zoning), and on the west by the Shoal Creek subdivision (R1AA zoning). South of Shoal Creek, the property is bounded on the east by a large wetland area that is part of the Shoal Creek system (C- 2 zoning) and it is bounded on the west by a large vacant parcel (R-3 zoning) and the Lake Bennett Center (C-2 zoning). DISCUSSION As indicated, this amendment will essentially change certain Conditions of Approval in the previously approved Dcoee Commons PUD and Ashton Park Final Subdivision Plan. This amendment to the PUD Land Use Plan can be explained in two (2) parts. First, the Applicant is requesting to change the previously approved rear-building setback from 30 feet to 25 feet in the single-family portion of the PUD (Ashton Park). Certain residential lots (8-12, 52-58, and 63-67) will remain with the previously approved 30 feet rear building setback. Due to the requested shorter setbacks, the applicant is also proposing additional privacy fencing along the lots that abut neighboring residential lots impacted by the proposed setback of 25 feet. Furthermore, it is requested that the maximum impervious surface area increase from 50% to 55% on the residential lots. Certain residential lots (8-12, 29, 36,40,42,45,63-67, and 70-73) will remain with the previously approved maximum impervious surface area of 50%. Finally, it is also requested that the maximum building coverage increase from 35% to 45% for all single-family residential lots. Ultimately, the approval of the requested actions will allow the homebuilder greater flexibility in the options, size, and configuration of homes that they can offer to potential buyers. Seeond, a greater redefinition of the eonservation tract that has been dedicated to the City will be incorporated in order to reflect the City dedicated "nature trail" system. Specifically, the developer is delineating the division of the "Conservation Area" (Tract N), into two (2) smaller tracts. The Conservation Area, which consists of :1:9.77 acres of land, will separate a smaller tract :1:1.23 acres of land into a "Passive Recreation" tract (Tract N1). This ensures that the wetland mitigation for St. Johns River Water Management District (SJRWMD) is consolidated solely on the Conservation Area. The Passive Recreation tract (Tract N1) has been dedicated for passive recreation and for a future nature trail system. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The proposed Dcoee Commons PUD Amendment and the Ashton Park Final Subdivision Plan Amendment were both reviewed by the Development Review 2 Planning and Zoning Commission Regular Meeting May 10,2005 Committee (DRC) on April 29, 2005. According to the City's Land Development Code (LDC), alterations to an approved PUD Land Use Plan shall be classified as either substantial or non-substantial by the DRC. The DRC determined that the proposed amendment was considered a substantial amendment due to the criteria established in the City's LDC, Accordingly, the proposed substantial amendment would be presented at a Public Hearing before the Planning and Zoning Commission and Public Hearings before the City Commission. There was only one (1) outstanding issue to be addressed from the Planning Division that was identified in the Staff memorandum. Additionally, Staff suggested that the developer provide new drawings that graphically enhance and illustrate the requested actions for requisite presentations. When the discussion was finished, the DRC voted unanimously to recommend approval of the proposed Amendment to the Ocoee Commons PUD and Ashton Park Final Subdivision Plan. The plans for both the Ocoee Commons PUD Amendment and Ashton Park Final Subdivision Plan Amendment have now been revised to address all the concerns that were discussed at the DRC meeting. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Amendment to the Ocoee Commons PUD and Ashton Park Final Subdivision Plan both date stamped received by the City on May 4, 2005. The Public Hearing was opened PLANNING AND ZONING COMMISSION COMMENTS & QUESTIONS Ron Hensen, representative from Design Services Group, and Jonathon White, representative from Morrison Homes, were available to answer questions. Vice-Chairman McKey asked what the Land Development Code (LDC) stipulates regarding impervious area maximum. Senior Planner Fabre said, since this project is a Planned Unit Development (PUD), the impervious area can be changed to accommodate the development. Chairman Golden asked if the language in Condition No. 51 came from the City or the Developer. Attorney Storey said he had no previous knowledge of the Conditions of Approval and he assumes the wording came from the developer. Community Development Director Wagner said the wording came from the developer, but Condition No. 51 was a requirement of the City due to a slope in the 3 Planning and Zoning Commission Regular Meeting May 10, 2005 conservation area and a path could not be constructed on a slope. The developer re- graded the slope to create a shelf so the future nature trail could be constructed. Ron Hensen, representative from Design Services Group, stated the grading was necessary in order for the City to construct a nature trail in the conservation area. Member Morris asked if prospective homeowners would be restricted from adding certain amenities to their property due to the setbacks and the impervious areas and, if so, would the homeowners be notified of the restrictions. Mr. Hensen said Morrison Homes has a variety of homes to choose from and certain homes will fit on certain lots with room for amenities. Community Development Director Wagner advised Mr. Hensen and Mr. White that the City does not want to be in a situation where homeowners are complaining to the City that the Morrison Homes sales people did not notify the homeowner that the lot they chose was not suitable for the home and amenities they had chosen. Vice-Chairman McKey asked if a swimming pool would be part of the amenities for Ashton Park. Mr. Hensen said there would not be a community swimming pool, but there would be a mini park with a tot lot and a gazebo. Chairman Golden asked if all of the lots with shorter setbacks would be fenced. Mr. Hensen said the lots with shorter setbacks, with the exception of the lot adjacent to the retention pond, would be fenced and the fencing exceeds the PUD minimum. Vice-Chairman McKey asked if the fencing type required would be included in the Covenants and Restrictions for the subdivision. Mr. Hensen said it would be included. Dennis Kelly, 1051 Turnbuckle Court (unincorporated Orange County), asked why the setbacks needed to be changed. Member West said the homes would move back five (5) feet, not the lots. Mr. Kelly said he misunderstood what was proposed regarding the setbacks. Dennis Kohmetscher, 1078 Turnbuckle Court (unincorporated Orange County), voiced his concerns with the traffic and lack of parking on Montgomery Avenue. Chairman Golden asked if there would be parking limitations along Montgomery Avenue. Community Development Director Wagner said there would be no parking permitted on the street and the developer is required to install a speed device to slow the traffic. 4 Planning and Zoning Commission Regular Meeting May 10, 2005 William Gray, 1067 Turnbuckle Court (unincorporated Orange County), asked what type of fencing would be used. Mr. Hensen said 6' PVC fencing would be installed along Montgomery Avenue. Mr. Gray stated his concerns with the water flow from the lots. Mr. Hensen reassured Mr. Gray that the lots are designed to flow inward to the streets, not backwards into the neighboring lots. Mike Smith, 696 Montgomery Avenue (unincorporated Orange County), stated the following concerns: 1) He would like to see the City develop the "park area" on Montgomery Avenue into a useable City park and to include parking, backstops, and swings because there are no other parks in the area; 2) Vehicles speed in the area and he would like to see a speed device installed to slow down the vehicles; 3) Asked that the residents living in the area be taken into consideration before the street name is changed. Vice-Chairman McKey said he would present the park recommendations to Park and Recreation Director Farmer since he is a member of the Parks and Recreation Committee. Member West asked if there would be a reason the area could not be used as a park since it was once a spray field. Chairman Golden said there were nutrients and wastewater spayed on the area and that would have degraded by now. Mr. Gray asked who should be contacted to get "No Outlet" signs posted on his street. Vice-Chairman McKey said Public Works Director Zaitooni should be contacted. The Public Hearing was closed. Member West. seconded by Member Morris, moved to recommend approval of the Amendment to the Ocoee Commons PUD and Ashton Park Final Subdivision Plan as both date stamped received by the City on Mav 4,2005. Motion carried 7-0. MISCELLANEOUS Member Campbell asked when the development on Bluford Avenue and Hwy 50 would come before the Planning and Zoning Commission again. Community Development Director Wagner said it would be several months because the City is waiting for the developer to work with the adjoining property owner to present an "over all" plan for the property. Vice-Chairman McKey announced that May is National Bike Month and May 16-20 is Bike To Work Week. 5 Planning and Zoning Commission Regular Meeting May 10, 2005 ADJOURNMENT The meeting adjourned at 8:13 p.m. ~~, Brenda Brasher, Deputy City Clerk f . 6