Loading...
HomeMy WebLinkAbout01-14-14MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JANUARY 14, 2014 CALL TO ORDER Chairman Campbell called the meeting to order at 7:01 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice - Chairman McKey, Members de la Portilla, Dunn, Keethler, Marcotte, Sills, and West. Also present were City Planner Rumer, Principal Planner Fabre, Assistant City Attorney Drage and Recording ClerkTurner ABSENT: Member(s): Dillard (A/E) CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, December 10,2013. Vice - Chairman McKey, seconded by Member Dunn, moved to accept the minutes of the December 10, 2013, Planning and Zoning Commission meeting. Motion carried unanimously. Member Keethler arrived to the meeting at 7:03 p.m. OLD BUSINESS - none NEW BUSINESS Ocoee Pines PUD (FKA Whispering Pines) — Public Hearing City Planner Rumer explained that the applicant wishes to revise the plan; therefore, the item is cancelled and will be re- advertised for a later date. Ocoee Elementary School Annexation & Rezoning — Public Hearing Principal Planner Fabre gave a brief presentation with exhibits of the proposed project. The subject parcel is the expansion site for the existing Ocoee Elementary School. The parcel is located on the northeast corner of East Orlando Avenue and South Lakewood Avenue. The property size is 6.42 acres. City staff has requested a City of Ocoee zoning designation of A -1 (Agriculture) which is consistent with the zoning of adjacent properties, and is intended for areas shown on the Future Land Use Map as "Low Density Residential ". The public hearing was opened. Julie Salvo, Orange County Public Schools representative, attended the meeting toexpressherconcurrencewithCitystaff's recommendation. The public hearing was closed. Planning and Zoning Commission Meeting January 14, 2014 DISCUSSION Member West stated that this item poses a conflict of interest; therefore, he will abstain from voting (completed Form 88). Vice - Chairman McKey asked if this project will cause an additional expense to the City. Principal Planner Fabre stated that City staff reviewed the site plan and they do not find any issues with the project. Vice - Chairman McKey asked if the traffic Toad will cause additional traffic issues in the area. City Planner Rumer explained that the school board worked with the City to resolve traffic issues. He continued by saying that the serpentine student drop -off is larger than the present school. Additionally, the City is acquiring an easement on Bluford Avenue as part of a stormwater drainage project that will serve as a designated lane. Board discussion ensued regarding the traffic issues in that area. Member Keethler asked if the City is paying for the easement. City Planner Rumer stated that the City is purchasing the land for a stormwater drainage project. Member Sills, seconded by Vice - Chairman McKey, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission approval of the Annexation of the +/- 6.42 parcel of land known as the Ocoee Elementary School Expansion Site (Project No. AX- 11- 13 -42)with an Initial Zoning classification of "A -1" (Project No. RZ- 13- 11 -10). Motion carried unanimously. Spring Lake Reserve — Public Hearing Principal Planner Fabre gave a brief presentation with exhibits of the proposed project. The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech Recreation Center. The subject site is approximately 43.21 acres in size, of which 17.56 acres are uplands and 25.65 acres are wetlands /surface water. The site is comprised of two parcels and is currently undeveloped with a variety of trees, wetlands and 100 -year floodplain areas. The Future Land Use designation for the site is High Density Residential" which allows up to 16 dwelling units per acre. To the south there is a "Conservation /Floodplains" future land use designation that is associated with the Spring Lake basin. The rezoning would be from "R -3" (Multiple - Family Dwelling) toPUD" (Planned Unit Development) with a corresponding Land Use Plan. The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single - family detached residential Tots with a requested net density of 5.59 units per acre. The PUD is proposed to have a neo- traditional neighborhood design with on- street parallel parking, park muse, reduced setback requirements and residential Tots with rear loading alleys. The 100 -year flood plains will not be disturbed, and approximately 6.01 acres of wetlands will not be developed and will be a conservation area. There is a small wetland area that is 2 Planning and Zoning Commission Meeting January 14, 2014 programed to be disturbed. The applicant has proposed an onsite mitigation program which will serve as an additional buffer area. The subdivision will have one main access from A.D. Mims Road with a designated left- turn lane. There is a proposed internal street stub -out for the potential future cross - access to the west, and a 6 -foot high privacy wall with landscaping along A.D. Mims Road. The proposed buffer abutting the Reflections Subdivision is a PVC vinyl fence. Along the frontage of A.D. Mims will be a brick wall, and along the open areas is a proposed brick column and decorative fencing. The applicant has requested one waiver from the Land Development Code. The request is to have two trees on lots that are 33.7 feet wide instead of the three -tree per lot requirement. He continued by saying that the required third tree will be planted in the common areas of the subdivision. The DRC met on January 8, 2014, and voted unanimously to recommend approval of the project subject to the resolution of the remaining staff comments. DISCUSSION Vice - Chairman McKey asked if the required third tree will be planted in the common area. Principal Planner Fabre answered in the affirmative. Board discussion ensued regarding the existing trees on the land. Principal Planner Fabre explained that they will try to keep as many of the existing trees. He also reminded the board that what is presented at the meeting is only a PUD plan, and more details will be offered upon the presentation of the final engineering plan. Vice - Chairman McKey asked if there will be a trail or boardwalk around the lake area. Principal Planner Fabre explained that it is not offered in the plan, but this is something that can be looked into. Principal Planner Fabre informed the board that the City's Transportation Planners have concluded that the proposed development will not adversely impact the City of Ocoee's roadway network or intersections. School capacity for the development has been determined to be available by Orange County Public Schools. Vice - Chairman McKey inquired if there will be a flashing light for people to cross A.D. Mims Road. Principal Planner Fabre stated the City could look into that. Member de la Portilla asked if PVC privacy fencing is considered to be a standard buffer for the City. Principal Planner Fabre explained that the City does not have a buffer requirement for the separation of residential subdivisions. The public hearing was opened. 3 Planning and Zoning Commission Meeting January 14, 2014 The applicant, Richard Wohlfarth, approached the podium and asked to address any issues the residents may have once the board has heard their concerns. The chairman conceded. The following residents voiced their concerns regarding the Spring Lake Reserve project: Jeff Santeler, 1731 Sparkling Water Circle Debi Kerkhoff, 1744 Sparkling Water Circle Polly Rorbeck, 1719 Sparkling Water Circle Laura Gleason, 1433 Spring Lake Terrace Frances Brender, 1305 Ridgefield Avenue Dwayne Depaiva, 1388 Century Oak Drive Mark Davis, 1688 Sparkling Water Circle Dan Daly, 1732 Sparkling Water Circle Some of the shared concerns and requests from the residents included: The quality and security of the proposed PVC vinyl fence Extending the fence to the entire length of the subdivision on the east side (abutting the Reflections Subdivision's common recreational area) Preservation of the wildlife in the area A fence higher than 6 feet to divide the neighborhoods More space between the new development and the Reflections Subdivision Encroachment into the wetlands and the floodplains Drainage into Spring Lake Pollution of Spring Lake Increase in the noise level Emergency and sanitation vehicles getting through the neighborhood Board discussion ensued regarding approval from the St. Johns Water Management District due to the wetlands on the property. Principal Planner Fabre stated that initial contact has been made with the agency by the developer. He continued by saying that the City has regulations similar to the agency, and the project complies with the City's requirements. Additionally, the agency does concur with the preliminary environmental report conducted. He continued by saying that Bio -Tech Consulting provided a report that addressed the wildlife in the area. The results showed that the observed species were not managed species. The applicant, Richard Wohlfarth, addressed the concerns and suggestions by offeringtheinformationbelow. 4 Planning and Zoning Commission Meeting January 14, 2014 The proposed rezoning to "PUD" will decrease the density of the development, compared to the current zoning, "R -3 ". Additionally, under the "R -3" zoning, the developer has the option to construct three -story buildings; however, the proposed project will only have two -story homes. A two -day wildlife study was conducted, and it concluded that there are no endangered species inhabiting the area. The developer is very aware of the wetlands, and is providing buffers as required by the City. Trees will be planted that are close in grade to the existing trees. The intent is to keep the area green, and to save as many of the existing trees as possible. Offered to increase the diameter of the trees (4 -inch caliper trees instead of 2 -inch caliper trees) along the PVC vinyl fence adjacent to the internal roadway, in order to provide a larger buffer. The proposed PVC vinyl fence is beyond what is required by the City. Offered to extend the fence on the east side of the subdivision (abutting the Reflections Subdivision's common recreational area) Member Keethler cautioned the applicant from planting oak trees as the roots often damage sidewalks and streets. Mr. Wohlfarth stated the trees will be planted at least 5 feet from the curbing, so this should not happen. Mr. Wohlfarth addressed the concern of emergency and sanitation vehicles travelling in the subdivision through the use of AutoTURN software; some adjustments were made based on the results. He continued by saying extensive studies and surveys have found that the development will provide for proper drainage. Additionally, the developer has extended the distance of the homes from the floodplain. Mr. Wohlfarth agreed to look into providing a boardwalk or observation deck by the lake. Member Keethler asked if the developer can offer alternative barriers to PVC vinyl fencing. The applicant stated there are other options, but very expensive ones. He offered to look into ways to reinforce the proposed fence. He continued by saying that the subdivision will have a Homeowners' Association (HOA) that will maintain the fence. Member McKey asked if the vinyl fence will meet hurricane codes. The applicant stated that all requirements will be met. Member de la Portilla asked if the board could condition the approval requiring the applicant to provide something other than a PVC vinyl fence. City Planner Rumer answered in the affirmative. Mr. Wohlfarth stated that he will look into alternatives that will work for everyone. Harry Lipton, 1684 Sparkling Water Circle, approached the podium and suggested modeling the proposed fence to the one for the subdivision on State Road 50. He continued by saying the fence he is referring to is a PVC fence with brick mountingbrackets, and it has insets for trees or shrubs. 5 Planning and Zoning Commission Meeting January 14, 2014 Gary Fowler, 1305 Richfield Drive, approached the podium and voiced his concerns with the project. Mr. Wohlfarth approached the podium and readdressed the residents' concerns and suggestions. He stated that he will look into Mr. Lipton's suggested fence idea. Chris Haliday, 1725 Sparking Water Circle, approached the podium and voiced his concerns with the project. The public hearing was closed. Vice - Chairman McKey inquired regarding the drainage of the water entering the lake and wanted to know what would be done to mitigate any issues. City Planner Rumer stated that the City engineer and staff will look into this. He reminded the board that the development will not move forward without first receiving a permit from the St. Johns Management District. Chairman Campbell asked City Planner Rumer to explain the project development approval process for the attending residents. City Planner Rumer explained that the first step is to set the zoning designation for the property. The next step is the preliminary subdivision plan, and the last step is the final subdivision plan with a development plan. The final step will contain hard facts on the drainage system. Member West stated the applicant has addressed many of the residents' concerns. He continued by saying that the development is nice, and will better serve the area than a multi -unit project. Member Marcotte inquired regarding the lot sizes of the proposed Spring Lake Reserve development as compared to the lots of the Reflections Subdivision. Discussion ensued, and it was determined that the lot sizes for the proposed development are 37.5 feet compared to the 75 -foot lot sizes of the Reflections Subdivision. Member Marcotte also asked if the right -of -ways will be dedicated to the City for maintenance. Principal Planner Fabre confirmed, and added that the development's alleys will be maintained by the HOA. Member Keethler opined that development of the sanctuary-type land may be shocking to the residents; however, the land is private property and will be eventually developed. Additionally, the developer has tried to mitigate many of the residents' concerns as possible. Member West, seconded by Member Keethler, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City 6 Planning and Zoning Commission Meeting January 14, 2014 Commission approval of the Spring Lake Reserve PUD Rezoning/ Land Use Plan Project No. RZ- 13- 11 -09). Member de la Portilla asked Member West to consider an amendment to the motion requiring the developer to upgrade the proposed PVC vinyl fence to something other than PVC. Member West stated he would not consider amending the motion as requiring the developer to upgrade the fence would hurt the project. He continued by saying that the developer did say he would look into the fence. After board discussion, the motion carried (7 -1), with Member Marcotte opposing. Casa Mirella at Belmere PD — Public Hearing 18 Amendment to Ocoee - Orange County Joint Planning Area Agreement City Planner Rumer gave a brief presentation of Casa Mirella at Belmere PD. He stated that this an applicant- initiated amendment of the Joint Planning Area Agreement (JPA) changing the JPA future Land Use designation on 2.7 acres from Low DensityResidential" to "High Density Residential ". The subject property is Lot 3 of Casa Mirella and is located on the west side of Maguire Road and south of Roberson Road. The parcel of land has a Planned Unit Development (PUD) zoning designation within Belmere PD. This lot has been set aside for 85 Adult Living Facility (ALF) units. The applicant is proposing to covert the 85 ALF units to 12 residential units and add 48 more units to the PUD in order to construct 60 multi - family units. The Belmere PD was originally approved by the Orange County Board of County Commissioners on May 21, 1985. The northern portion of the PD was set aside as Tract G, which consisted of 177 acres. In 1995, the PD Land Use Plan was amended to permit 708 dwelling units in Tract G. A subsequent amendment in 1999 carved out Tract H from Tract G. The property has retained the Orange County Citrus Rural land use designation. The DRC met on January 8, 2014, and voted unanimously to recommend approval. DISCUSSION The public hearing was opened. James Johnston, Shutts & Bowen, LLP, attended on behalf of the applicant to supportCitystaffsdecision. Vice - Chairman McKey asked what the proposed density of the project is. Mr. Johnston stated that the overall density will be 12.75 units per acre. He continued by saying that this project is a continuation of the existing project. The public hearing was closed. Planning and Zoning Commission Meeting January 14, 2014 Member West, seconded by Member Sills, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission approval of the 18 Amendment to the Joint Planning Area Agreement between the City of Ocoee and Orange County providing for an amendment to the JPA Future Land Use Map to change the future land use designation on 2.7 +/- acres from Low Density Residential (LDR) to High Density Residential (HDR) for properties located in the Belmere PUD. Motion carried unanimously. Small -Scale Comprehensive Plan Amendment The public hearing was opened. The public hearing was closed. DISCUSSION Member de la Portilla inquired what type of buffer divides the Belmere Subdivision and this apartment project. City Planner Rumer answered that a 6 -foot brick wall divides the properties. Member West, seconded by Member Sills, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission approval of the Casa Mirella at Belmere PUD Small -Scale Comprehensive Plan Amendment (Project No. CPA - 2013 -004). Motion carried unanimously. Member Dunn asked if Oakland Avenue will be repaved or resurfaced. City Planner Rumer stated he will look into this. MISCELLANEOUS Project Status Report None ADJOURNMENT The meeting adjourned at 8:57 p.m. Attest:APPROVED: Diana Turner, Recording Clerk Bradley Campbell, Chairman 8