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HomeMy WebLinkAboutPlanning & Zoning 10/11/2005 THE MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, OCTOBER 11, 2005 CALL TO ORDER Chairman Golden called the meeting to order at 7:02 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, Conkling, Keller, Morris, Sills, and West. Also present were City Attorney Storey, Community Development Director Wagner, Principal Planner James, Senior Planner Fabre and Deputy City Clerk Brasher. ABSENT: Member Rhodus, who was excused. Chairman Golden welcomed new member Nathan Conkling. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, October 11 , 2005. Member Keller. seconded bv Vice-Chair McKev, moved to accept the Consent Aaenda as presented. Motion carried 8-0. NEW BUSINESS FOOTE RESIDENTIAL PROPERTY PRELIMINARY/FINAL SUBDIVISION PLAN Senior Planner Fabre presented the Staff Report for the Preliminary/Final Subdivision Plan for the Foote Residential Property. The property is located on the northwest corner of Bluford Avenue and Orlando Avenue. The property is comprised of 2.72 acres with four (4) single family lots :t % acre in size. The subject property is zoned Single Family R-1AA and is designated as Low Density Residential on the Future Land Use Map. To the north of the subject property is the 30' right-of-way associated with Washington Street and is proposed to be vacated with the development of the Foote Property. Additionally, to the west of the property is 60' of right-of-way associated with Cumberland Avenue, which is proposed to be vacated with the development of the property. The 60' will comprise the majority of Lot 4. Septic tanks will be provided for the four (4) lots and water will be provided by the City. The developer is dedicating 10' of right-of-way along Bluford Avenue to the City for Planning and Zoning Commission Regular Meeting October 11, 2005 future roadway improvement. Of these 10', 5' will be comprised of a sidewalk installed by the developer. Access into lots 1-3 will be from Orlando Avenue and lot 4 will gain access from the north side of the property at Cumberland Avenue. On-site water retention is proposed via a master stormwater pond. This pond will tie into the existing City of Ocoee water retention pond located adjacent to the fire station. The applicant is requesting one waiver as follows: Article 2, Section 174-7B: Single-family home development approved for construction after June 7, 1994, shall include reclaimed water distribution mains and shall connect to the system when reclaimed water service becomes available. The justification for the waiver is based on discussions with the City Engineering Department, which indicated that the City has no intention to provide reclaimed water lines within the near future. Staff supports the waiver request. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on September 28,2005, and reviewed the Preliminary/Final Subdivision Plan. Staff discussed with the applicant outstanding comments from the City Attorney relating to the Drainage and Stormwater Agreement between the applicant and the City. It was determined that the Public Works Department should coordinate the outstanding comments with the applicant in order to revise them prior to the City Commission meeting on November 1, 2005. The Utilities Department raised concerns regarding the lack of an additional fire hydrant at the end of Orlando Avenue. The applicant agreed to provide the additional fire hydrant. The DRC voted unanimously to recommend approval of the Preliminary/Final Subdivision Plan subject to the approval of the ROW vacations for Cumberland Avenue and Washington Street; Public Works Department working out the Drainage and Stormwater Agreement with the applicant; and subject to the installation of the fire hydrant at the end of Orlando Avenue. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan for the Foote Residential Property, as date stamped received by the City on September 20, 2005, subject to the approval of the ROW vacations for 2 Planning and Zoning Commission Regular Meeting October 11, 2005 Cumberland Avenue and Washington Street and the Public Works Department working out the Drainage and Stormwater Agreement with the applicant prior to the City Commission meeting on November 1, 2005. The Public Hearing was opened. Jay Kilma, representing Kilma Weeks Engineering, was present to answer questions. Vice-Chairman McKey inquired as to the drainage layout since there are already water problems in the area. Mr. Kilma said the drainage issues have been adequately addressed. Vice- Chairman McKey asked why this property is using septic tanks instead of utilizing a lift station. Mr. Kilma said he was told by City Engineer Wheeler that there is no sewer in the area and there are no plans in the future to run sewer in this area. Mr. Kilma said he would review this further with City Engineer Wheeler. Member West said this is a family project and the homes would not be purchased by the public. The Public Hearing was closed. Vice-Chairman McKey voiced his concerns with the use of septic tanks since the Wekiva Basin Study issue is discouraging the use of septic tanks. Community Development Director Wagner said he would convey these comments to the City Commission and they will discuss this issue with the City engineer. Member West, seconded by Vice-Chairman McKey, moved to recommend approval of the Foote Residential Property Preliminary/Final Subdivision Plan, Proiect No. LS- 2005-003, as date stamped received by the City on September 30, 2005. Motion carried 7-1 with Chairman Golden votina no. WEKIVA STUDY AREA PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN Principal Planner James presented a detailed Staff Report for the Wekiva Study Area Proposed Amendments to the Comprehensive Plan. BACKGROUND The Wekiva Parkway and Protection Act (Part III of Chapter 369, F.S.), was signed into law on June 29,2004, authorizing building of the Wekiva Parkway and providing 3 Planning and Zoning Commission Regular Meeting October 11, 2005 protection to the Wekiva River system This Act defined two areas of concern for the Wekiva River and its associated springs. These areas are the Wekiva River Protection Area and the larger Wekiva Study Area (WSA). The City of Ocoee is located within the WSA as defined in ss.369.316, Florida Statutes (F.S.), but not within the Wekiva River Protection Area. A portion of the City south of State Road 50 and east of County Road 439 is not located within the WSA, and as such, will not be subject to the amendments required by the Wekiva Parkway and Protection Act. The Department of Community Affairs (DCA) has authored a guide known as the "Guidelines for Preparing Comprehensive Plan Amendments for the Wekiva Study Area Pursuant to the Wekiva Parkway and Protection Act". The City has used the DCA guidelines, Chapter 369, F.S., and other source material to prepare the "Data and Analysis" and the proposed amendments to the City of Ocoee Comprehensive Plan. In addition to these required amendments, two additional studies are required in the Wekiva Parkway and Protection Act for the City of Ocoee. They are a Master Stormwater Management Plan and a Wastewater Facility Plan. After completion of these two studies the Comprehensive Plan will need to be updated with additional amendments. These proposed amendments are not subject to the twice per year limitation on comprehensive plan amendments, and must be adopted by January 2006. The implementing land development regulations must be adopted by January 2007. STAFF RECOMMENDATION Based on the analysis contained in the Data & Analysis section of the proposed Wekiva Study Area Comprehensive Plan Amendments, Staff recommends the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Mayor and City Commissioners the transmittal of the proposed amendments. The Public Hearing was opened. Member West stated he thinks the Wekiva Study was done too hastily. In the past Department of Environmental Protection (DEP) had concerns with phosphorous elimination but now DEP is concerned with nitrogen reduction in the ground water. A lengthy discussion ensued regarding the Wekiva Study. Vice-Chairman McKey asked if there would also be changes to the Stormwater Management Plan. Principal Planner James said there would be changes with that as well. 4 Planning and Zoning Commission Regular Meeting October 11, 2005 Community Development Director Wagner said the "Lake Apopka Rule" cost the City and the Orange County School Board over $1,000,000 to build a retention pond on the Coca-Cola Property and the retention pond is to stop a very small amount of phosphorous from entering Lake Apopka. Chairman Golden asked if the City has a cost estimate for the studies and implementation of these regulations. Principal Planner James said he has no idea of what the costs would be. Chairman Golden voiced his concerns with the Governor appointing the members of the Wekiva River Basin Commission since there is only one municipality elected official on the committee in Orange County. He would like to have a person on the committee to represent the interests of the City of Ocoee. Discussion ensued regarding the representation of the City of Ocoee. Chairman Golden asked if Foley & Lardner would be reviewing the amendment and if it would be possible to have some "wiggle words" included in the amendment. City Attorney Storey said Foley & Lardner has not been asked to review the amendment. Chairman Golden asked that a recommendation be made to the City Commission to have Foley & Lardner review the amendment. Principal Planner James stated that when the City transmits the amendment to DCA, they hope to get some feed back from DCA with regards to any adjustments to the amendment. Member Campbell suggested that the Orange County municipalities agree on a representative to serve on the committee and make that recommendation to the Governor. Chairman Golden said he wants the following wording included in the motion: Recommendation to the City Commission that the Orange County municipalities select a representative to sit on the committee and make that recommendation to the Governor. The Public Hearing was closed. Vice-Chairman McKev, seconded by Member West, moved based on the analysis contained in the Data & Analysis section of the proposed Wekiva Study Area Comprehensive Plan Amendments, recommends transmittal of the proposed amendments. Vice-Chairman McKey and Member West withdrew their motion. 5 Planning and Zoning Commission Regular Meeting October 11, 2005 Member Campbell. seconded by Member West. moved to recommend transmittal of the proposed Comprehensive Plan Amendments. based on the analysis contained in the Data & Analysis section of the proposed Wekiva Study Area Comprehensive Plan Amendments and to recommend to the Mayor and City Commission to coordinate with other OranQe County municipalities to select a representative to sit on the committee and make the committee representative recommendation to the Governor. Motion carried 8-0. PRAIRIE LAKE RESERVE FINAL SUBDIVISION PLAN Senior Planner Fabre presented the Staff Report for the Prairie Lake Reserve Final Subdivision Plan. The Prairie Lake Reserve is a town home development that is situated in the existing Prairie Lake PUD. The final subdivision plan includes Tract 0 (18.36 acres) and Tract K (20.69 acres) of the Prairie Lake PUD. The subdivision will be developed as a private, gated town home community with fee simple ownership of the proposed 168 units. On December 16, 2003, the City Commission reviewed and approved the Preliminary Subdivision Plan, subject to execution and approval of an amended Development Agreement, and also subject to Parcel 2 being dedicated to the City for a pathway and passive open space area. The amended Development Agreement was approved by the City Commission and the condition set on Parcel 2 (Tract F) will be accomplished at "Plat" approval. The Final Subdivision Plan is consistent with the Preliminary Subdivision Plan as approved on December 16, 2003. The project as proposed will have a single main entrance from Ron Strosnider Avenue. There will also be a crash gate for emergency access, located just behind the fire station. However, after final subdivision review, Staff has determined that the emergency access would better facilitate the site as a "residence only" secondary access. The applicant would have to widen the roadway and provide a corresponding sidewalk. The crash gate would have to be replaced with a fully operational swing gate. Nonetheless, Staff has agreed to forward this request to the City Commission for their direction and formal action. Recreation facilities for the residents, including the required meeting room space, will be provided with the project itself. A 6' decorative metal fence with brick columns and landscaping will be provided along Ron Strosnider Avenue, along the entire frontage of the subdivision. The Developer is requesting one (1) waiver from the Land Development Code: the Applicant has requested to postpone the construction of the recreation facility (clubhouse) until the 50th Certificate of Occupancy is issued. Generally, this request 6 Planning and Zoning Commission Regular Meeting October 11, 2005 would be required at the time of Certificate of Completion. The Applicant did not demonstrate a hardship or offsetting public benefit. Nevertheless, Staff agreed to forward this request to the City Commission for their direction and formal action. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed Prairie Lake Reserve Final Subdivision Plan was reviewed by the Development Review Committee (DRC) on October 5, 2005. There were a number of issues to be addressed from the City Attorney, the Engineering Department, and from the Planning Division that were identified verbally and in written Staff comments. All of the issues were discussed and some changes to the Plan were agreed upon. However, the Applicant insisted that the emergency access roadway would remain as approved on the Preliminary Subdivision Plan. Therefore, Staff has no option but to forward this request to the City Commission for their direction and formal action. When the discussion was finished, the DRC voted to recommend approval of the Final Subdivision Plan, subject to the developer making changes specified in the City Attorney's comments and completing the changes specified in the Planning and Engineering comments. The Attorney's last remaining comments were addressed and shown on the plans date stamped "Received October 6,2005." STAFF RECOMMENDATION Based on the recommendation of the DRC and the submittal packet received by the City on October 6, 2005, Staff recommends that the Planning and Zoning Commission recommend approval of the Final Subdivision Plan for Prairie Lake Reserve, subject to the following conditions: ~ Approval of the Waiver Request pertaining to providing the recreation facility prior to the 50th C.O., and; ~ Completion of the Planning comments prior to the City Commission Meeting, and; ~ Completion of the Engineering comments prior to the City Commission Meeting. Vice-Chairman McKey said he was confused about the emergency exit. Senior Planner Fabre said the emergency exit was approved in the Preliminary Subdivision Plans on December 16, 2003, but Staff feels the access would be better utilized if there was a fully operational swing gate and sidewalks. Chairman Golden asked if this subdivision has been reviewed for school concurrency and other City services. Senior Planner Fabre said it had been reviewed. Member Sills said he would like a recommendation be made to the City Commission for 24' wide roadway instead of 15' wide roadway and include public access. 7 Planning and Zoning Commission Regular Meeting October 11, 2005 Randy June, representing June Engineering, stated that this issue was fully discussed and approved. There are safety and security concerns with regards to the location of the entrance way and the 15' roadway is only intended for emergency use. Vice- Chairman McKey suggested using "Miami" curb instead of raised curb. Chairman Golden asked if the trees marked for removal on the plans will automatically be removed even if they can be saved. Mr. June said the trees are not automatically removed. Vice-Chairman McKey asked if additional trees can be added since there would be approximately 600 trees removed. Mr. June said there will be a considerable amount of trees left and trees will be replaced as well. Member West, seconded bv Member Morris, moved to recommend approval of the Final Subdivision Plan for Prairie Lake Reserve, subiect to the folio win a conditions: ~ Approval of the Waiver Reauest pertainina to providina the recreation facilitv prior to the 50th C. 0., and; ~ Completion of the Plannina comments prior to the City Commission Meetina, and; ~ Completion of the Enaineerina comments prior to the City Commission Mee tin a. Motion carried 7-1 with Chairman Golden votina no. MISCELLANEOUS Vice-Chairman McKey inquired as to the status of the corner of Bluford Avenue and Hwy 50. Community Development Director Wagner said they are trying to meet with the property owners to resolve some issues but this has not happened to date. Community Development Director Wagner said he anticipates to have a town home and single family home project on the west side of Clarke Road, at A.D. Mims Road, as well as Wesmere town homes final subdivision plans on next month's agenda. He further stated development is not slowing down; the City issued over 60 Certificate of Occupancy's last month. ADJOURNMENT The meeting adjourned at 8:57 p.m. Atte~o~ .~CWh/ Bren a Brasher, Deputy City Clerk t../ 8