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HomeMy WebLinkAbout02-11-14MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, FEBRUARY 11, 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 Dillard, Dunn, Keethler, Sills, and West. Also present were City Planner Rumer, Assistant City Attorney Drage and Recording Clerk Turner ABSENT: Member(s): Marcotte (A /E) and de la Portilla (A /E) ELECTION OF CHAIRPERSON AND VICE - CHAIRPERSON Member West, seconded by Member Dunn, nominated Bradley Campbell for chairperson and Rob Mckey for vice - chairperson for a term ending February 2015. Motion carried unanimously. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, January 14, 2014. Vice - Chairman McKey, seconded by Member Keethler, moved to accept the amended minutes of the January 14, 2014, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS Lake Olympia Square Phase 3 — Conceptual Use Approval in a Special Overlay Area — Public Hearing This item was heard out of agenda order. City Planner Rumer gave a brief presentation with exhibits of the proposed project. It is a conceptual use application solely intended for properties located within special overlay districts. The site is located within the Silver Star Activity Center. The activity center does not contain any development criteria specific to the overlay. Under Article 4, Section 4 -6 (A)(4), procedures are set up whereby an applicant may obtain conceptual approval of a use as long as the general impacts are equal or lesser intensity than the uses specifically permitted with the underlying zoning district. Lake Olympia Square is a seven lot commercial subdivision approved for construction in 1994 with Phase 2 being approved in 1996. The subject site is vacant and contains 6.22 Planning and Zoning Commission Meeting February 11, 2014 acres. Currently, there is a Winn Dixie grocery store, restaurants, and out - parcels containing a bank, gas station, daycare, and an oil and lube center. The current zoning designation on the property is C -2, Community Commercial. The existing land use designation for the property is "Commercial ", which permits medium and high density residential in a mixed and multi -use development under certain market conditions. The conceptual use is required to provide a bubble concept plan. However, the approval is not tied to the concept plan. The applicant has provided a transitional use analysis and a Multi- family Apartment and Retail Market Analysis in order to make the case for a multi - family use. The applicant is requesting conceptual approval for multi - family dwelling units achieving a medium or high density on the 6.22 acres of vacant land. The applicant is seeking the conceptual use approval in order to be able to market the property as approved for multi- family. The conceptual use requested is for medium and high density with a density of 99 multi- family units. There is a drainage issue in the area, and the retention pond may need to be relocated to the front of the development to mitigate the issue. Mr. Rumer explained that the applicant is not the developer; instead, the applicant is the bank. Member Keethler inquired if the bank has a buyer. Mr. Rumer stated he does not believe that they do. Mr. Rumer discussed the conditions and limitations for the approval (a complete list of the conditions and limitations is available upon request at the City Clerk's Office). The only waiver would be for the site plan to be approved within one year. Chairman Campbell inquired if the buildings would be three -to -four stories high. Mr. Rumer stated the buildings will probably be three stories high. Vice - Chairman McKey inquired if this could be a condominium -type of development? Mr. Rumer explained that this is a possibility. DISCUSSION The public hearing was opened. The applicant's attorney, Jason Searl, Gray Robinson, P.A., approached the podium and offered a brief explanation of the project. Mr. Searl introduced Owen Beitsch with Real Estate Research Consultants, Inc. Mr. Beitsch discussed his findings as provided in the Multi - Family Apartment and Retail Market Analysis and Memorandum. 2 Planning and Zoning Commission Meeting February 11, 2014 Member Keethler addressed the discrepancies he found in Mr. Beitsch's market analysis study; discussion ensued regarding the market analysis. Mr. Beitsch stated he will research the discrepancies with his staff and will provide answers to City staff. Member Keethler inquired how Mr. Beitsch determined the focus area of the study. Mr. Beitsch responded that the boundaries of the local area were determined based on rent structure, age of the property, roads that facilitate access to jobs, etc. Member Keethler expressed his displeasure with the arbitrary method the boundaries were considered. Discussion ensued regarding the market for the proposed development. Vice - Chairman McKey asked if income levels were criteria for the proposed apartments to be viable. Mr. Beitsch responded that income levels were not used to determine viability of the project. The vice - chairman asked if they considered the development of a town center, with commercial on the first floor and residential on the second and third floors. Mr. Beitsch stated that they did not, and the study would have to be more specific. The chairman opined that a town center -type of development would be more in line with the City's Activity Centers. Mr. Searl stated he does not feel that a town center development would succeed in such a small area. John Reich, Reich Properties, approached the podium and gave a brief history of the Lake Olympia Square property. The Winn Dixie shopping center is approximately 20 years old, and the proposed project site remained vacant for more than 20 years without development. He continued by saying that he has been involved with the project for approximately five years. The initial focus was for commercial uses; however, those efforts failed. Therefore, they have a new focus on a multi - family use. The following residents spoke in opposition of the Lake Olympia Square Phase 3 project: • Andrew Sechler, 1336 Hawthorne Cove Drive • Estelle Tyson, 206 Olympus Drive • Joseph Gaillot, 1505 Acropolis Circle Consensus from the residents was that this project is not a good transition between single - family homes and commercial. The development will create an unprecedented density, and will cause a decrease in home values. The residents suggested commercial or medical uses as this will provide for a calm solution, versus something out of character for the area. Also mentioned was that the local residents received very little information and notification regarding this development. Mr. Rumer stated that approximately eight months ago, City staff, the district commissioner, and the bank met with local residents to discuss the project. Additionally, Planning and Zoning Commission Meeting February 11, 2014 notices were mailed to local residents, signs were posted in the area, and an advertisement was placed in the newspaper. Chairman Campbell explained to the residents that this is the first step in a very long process. Chairman Campbell read into the record letters of opposition from residents Pat Hall, 207 Olympus Drive, and Leonardo DiGiovanni, 220 Lily Street, San Francisco, CA. City Planner Rumer informed the board that the letters of opposition will carry over to the City Commission meeting as well. Mr. Searl rebutted that the development is stable and will increase surrounding property values, as opposed to commercial uses that may decrease property values. He continued by saying that the development will provide for increased landscaping in the area, and that traffic impacts will be analyzed throughout subsequent processes. Mr. Searl stated the transitional use will act as a bridge between single - family homes and the commercial property. Vice - Chairman McKey inquired the square footage of the rental units. Mr. Searl answered that it is currently only a concept plan, and they are not that far in the process to determine the square footage of the apartments. The vice - chairman asked the applicant to consider a town center -type of development with small specialty stores on the first floor. Member Keethler asked the applicant if they ever considered developing the property with single - family homes. Mr. Searl stated that this option was not considered. Member Keethler inquired how much marketing was conducted for alternative uses with the property, such as an assisted living facility. Mr. Reich responded that these options would not work for the bank, because of how much they have invested in the land. The public hearing was closed. Member Sills commented that the bank may be over - extended in the land and that may be why it has not been developed. He continued by saying he believes this property should stay commercial, and is not in favor of the conceptual use as presented. Member West commented that if he was a homeowner in the local area, he would not want this development, however, he has mixed emotions regarding the project. Member Dunn commented that there is an assisted living facility in the local area. Member Dillard commented that he is not excited about the idea of a high density development on this site; however, he does not necessarily want to "close the door" on this project as concept plans do change. 4 Planning and Zoning Commission Meeting February 11, 2014 Member Keethler commented that the reports presented by the applicant have many discrepancies, and that he would not consider the proposed development to be transitional. Vice - Chairman McKey commented that a development should blend in with the local area, and does not feel as though this project will do just that. He continued by saying that a town center project would be best for that area. Chairman Campbell commented that it is a balance between financial feasibility and what is best for the community. He continued by saying he does not support the development of multi - family project as it is not the best fit for that area, but would consider townhomes. Member Keethler moved that the Planning and Zoning Commission, actin_g as the Local Planning Agency, recommend to the Ocoee City Commission against approval of the conceptual use for the multi - family residential in Phase 3 of Lake Olympia Square. Assistant City Attorney Drage explained that generally motions are preferred in the positive, as this reduces confusion during the vote. Chairman Campbell inquired if anyone would like to make a motion for approval of the project. Assistant City Attorney Drage asked board members to keep in mind that if they make a motion to approve the project, they are not obligated to vote in support of the motion they made. However, if the board wishes to keep their motion to recommend against the project, the vote should be "yes" in order to deny approval. Member Keethler, seconded by Member Sills, moved that the Plannin_g and Zoning Commission, actin_g as the Local Plannin_g A_gency, recommend to the Ocoee City Commission against approval of the conceptual use for the multi - family residential in Phase 3 of Lake Olympia Square. Motion carried unanimously. City Planner Rumer informed the board and residents that the Lake Olympia Square Phase 3 Conceptual Use project will go before the City Commission on March 4, 2014. Casa Mirella at Belmere PD — Substantial Change to PUD /Land Use Plan Amendment — Public Hearing This item was heard out of agenda order. City Planner Rumer gave a brief presentation with exhibits of the proposed project. 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 is approximately 2.72 acres, and has a 5 Planning and Zoning Commission Meeting February 11, 2014 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. Tract H is the property that is now owned by the Unicorp entities. The 1999 LUP delineates Tract H as (1) commercial totaling 42,960 square feet and 5 acres maximum (2) multi - family totaling 180 units and (3) Adult Care Living Facility (ACLF) or Adult Living Facility (ALF) totaling 130 units. The LUP also explains how the multi - family and ACLF or ALF units can be converted to single - family units. The LUP states that one multi - family unit is to be counted as equal to one single - family unit and seven (7) ACLF or ALF units are to be counted equal to one single - family unit. The property has retained the Orange County Citrus Rural land use designation. Mr. Rumer explained that the Belmere subdivision (Orange County) is to the west of this development. The multi - family development is gated on two sides. The applicant has applied for a Capacity Enhancement Agreement with Orange County Public Schools (OCPS); an agreement is required before the amendment to the PUD as the change will cause an increase in residential density. The applicant is scheduled to meet with OCPS on February 12, 2014. Mr. Rumer continued by saying that the proposed PUD accesses Roberson Road, with no access to the entrance way from Maguire Road. The PUD will require a modification to the stormwater pond. This modification will go through a site -plan review, and the amendment will also go to the St. Johns River Water Management District for approval. Additionally, there is a proposal for a dog park, which will receive an additional buffer. Mr. Rumer continued by saying that the 18 Amendment to Ocoee - Orange County Joint Planning Area Agreement (JPA) for the increased density will be brought forward to the upcoming commission meeting for approval. The DRC met on February 5, 2014, and voted unanimously to recommend approval of the Substantial Amendment to the PUD and PUD Land Use Plan, subject to resolution of outstanding comments. DISCUSSION The public hearing was opened. 19 Planning and Zoning Commission Meeting February 11, 2014 James Johnston, Shutts & Bowen, LLP, attended on behalf of the applicant to support City staff's decision and to answer any questions. Member Keethler asked who the applicant is for this project. Mr. Johnston responded the applicant is Unicorp entities. Member Keethler asked if the project will include pedestrian gates. Mr. Johnston explained that it can be attempted. City Planner Rumer informed the board that there are existing pedestrian gates with access from Maguire Road. Applicant Arthur Wellington, Unicorp Development, approached the podium and explained that there are pedestrian gates by the pond and by the club house. Chairman Campbell inquired if the residents of the apartments in the back of the development have to drive around the entire development in order to exit. Mr. Johnston confirmed. The chairman expressed his displeasure with this. Mr. Johnston explained that there are two gated access points into the subdivision; one from Maguire Road and one from Roberson Road. Board discussion ensued regarding the ingress /egress of the development. City Planner Rumer suggested that a crash gate may help. Mr. Johnston stated he will continue to work with City staff to resolve any issues. The public hearing was closed. Member West, seconded by Member Sills, moved that the Planning and Zonin_g Commission, acting as the Local Plannin_g Agency, recommend to the Ocoee City Commission approval of a substantial amendment to the Belmere PUD and an amendment to the Belmere PUD Land Use Plan (Project No. RZ- 13- 12 -12), subject to resolution of the outstanding comments. Chairman Campbell recommended that staff work with the applicant to resolve accessibility issues. After board discussion, motion carried unanimously. City of Ocoee resident, Mike Levangie, 3419 Kenthsire Boulevard, requested to speak regarding the Casa Mirella at Belmere PD item. Chairman Campbell explained that the public hearing was closed, but would allow him to speak. Member West inquired if this could be done as motion and vote have since carried. Assistant City Attorney Drage explained that in order to reopen the public hearing, the board would need to 1) move to reopen the public hearing, and 2) move that the passed motion for approval be reconsidered. Member West was not in favor of reopening the public hearing. However, he did indicate that he would not mind if Mr. Levangie wanted to Planning and Zoning Commission Meeting February 11, 2014 simply address the board. Mrs. Drage explained that the public will also have an opportunity to comment at the City Commission public hearing as well. Chairman Campbell stated he will not reopen the public hearing, but will offer Mr. Levangie the opportunity to speak. Mr. Levangie stated he is a Windsor Landing HOA member and would like to offer public comments regarding this item. He continued by saying that his subdivision is opposed to the increase in density this amendment will cause. He also stated that the residents are not in favor of the encroachment on the waterway and the reduction of the greenway buffer. A three story building would reduce homeowner privacy, and additional buffers should be added to mitigate the issue. Chairman Campbell apologized for the confusion and informed Mr. Levangie that he will have an opportunity to speak at the City Commission meeting. MISCELLANEOUS Project Status Report City Planner Rumer updated the board with the following information: • The plaque dedication ceremony was recently held for the Community Center; a date has not been set for the grand opening. • Oakland Avenue has been repaved. • Wendy's Restaurant held its grand opening a couple of weeks ago. • The City is coming up with criteria and guidelines for reports or market analyses submitted by applicants. ADJOURNMENT The meeting adjourned at 8:47 p.m. ATTEST: t J p � l' Tana Turner, Recording Clerk APPROVED: radley Campbell, Chairman s