Loading...
HomeMy WebLinkAbout08-26-2015 Minutes MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD WEDNESDAY, AUGUST 26, 2015 CALL TO ORDER Chairman Campbell called the meeting to order at 7:03 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 Keethler, Marcotte, de la Portilla, West and Sills. Also present were City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. ABSENT: Members: Dillard (NE), Briggs (NE). CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, May 12, 2015. Member Sills, seconded by Vice-Chairman McKey, moved to accept the minutes of the May 12, 2015, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Ansine & Dukes Property—Annexation and Initial Zoning, 5907 Ingram Road City Planner Rumer gave a brief presentation of the proposed annexation and initial zoning. The subject property is 4.98 acres parcel of land located on the east side of Ingram Road, approximately 750 feet north of Clarcona-Ocoee Road. This is a voluntary annexation requested by the property owner for a possible future single-family lot split. The subject parcel has one existing single-family residence with a minor community residential home (ALF) component, which is designed to serve no more than seven residents. Per licensing requirements, these facilities have to maintain at least 1,000 feet from another ALF use. The Development Review Committee (DRC) requested one (1) condition which entails a City Fire Department inspection before it goes to the City Commission. No development proposal is planned at this time. Discussion The public hearing was opened. Mary Greer, property owner to the south, expressed her concerns about first responder problems in the surrounding areas. She also has concerns regarding garbage pickup, mail and the right-of-ways being mowed involving this and surrounding properties. 1 Planning and Zoning Commission Meeting August 26,2015 City Planner Rumer responded that the address will not change. Fire services have a joint response; whereas, police have jurisdictional boundaries. Because of an agreement with the City and Orange County, once this annexation is approved, the right-of-way on Ingram will transfer to the City, and the City will be responsible for roadside maintenance. Member Sills inquired about the water and solid waste providers. City Planner Rumer responded water and sewer are provided by Orange County; whereas, the solid waste and recycling will change and be provided by the City. The public hearing was closed. Vice-Chairman McKey, seconded by Member Marcotte, 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 +/- 4.98 acres parcel of land known as the Ansine & Dukes Property with Initial Zoning classification of "A- 1," subject to a Fire Department inspection for the existing SFR/ALF. The motion carried unanimously. Igiesia Cristiana Sendero De Luz Church - Special Exception for a School Use, 325 Ocoee Apopka Road City Planner Rumer gave a brief presentation of the proposed special exception. The church is located on the east side of Ocoee Apopka Road, 350 feet north of the intersection of Silver Star Road and Ocoee Apopka Road and consists of a sanctuary and six detached classrooms on 2.25 acres. In 2014 a special exception was approved for three portables. The current zoning classification is "C-2" Community Commercial. This request is to amend the Special Exception to include a use of a school which can house up to 75 students. Discussion Member Keethler inquired if the church is running the school. City Planner Rumer indicated the church will be renting out the portables to a small school located in Winter Garden. Discussion ensued regarding renting the facility. Member Marcotte commented the pond on property looks like it is being utilized for drainage and whether that will be expanded and questioned where the outfall to the overflow will be located. City Planner Rumer explained the classrooms and parking are designed to utilize the pond for drainage, but will refer to the engineer concerning the outfall. 2 Planning and Zoning Commission Meeting August 26,2015 Member Keethler inquired if they are on sewer. City Planner Rumer answered they are not, but further explained based off the 2014 Special Exception, with further construction and/or within 10 years, they are required to connect to sewer. Further discussion ensued regarding the septic system. The public hearing was opened. Kenneth Leeming, engineering consultant, agrees with the staff report and conditions. He explained that the pond on site is a 100-year pond and an outfall was constructed just to the east by the City. Ricardo Orsini, senior pastor, explained the vision of the church and the school. The public hearing was closed. Member Marcotte, seconded by Member de la Portilla, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Amended Special Exception for Iglesia Cristiana Sendero De Luz Church, to use the property as a school for 75 students per the student ratio provided in the Special Exception Plan. Vice-Chairman McKey inquired that if this Special Exception is approved, would it change any previous agreements. City Planner Rumer replied no and explained this is only a Special Exception for a school use. Member Keethler inquired about the septic and if it is a condition that they would be required to pass. City Planner Rumer replied yes. After discussion, the Motion carried unanimously. Crystal Investments Assisted Living Facility (ALF) — Rezoning to Planned Unit Development (PUD) / Land Use Plan (LUP) City Planner Rumer gave a brief presentation on the proposed project. The subject property is located on the northwest corner of Silver Star Road and Ridgefield Avenue, is approximately 1.73 acres in size and is currently vacant, undeveloped and sparsely covered on the north side with a mixture of Cherry, Pines and Oaks. The applicant is requesting a "Planned Unit Development" (PUD) zoning in order to allow for a 60 Bed Assisted Living/Memory Care Facility (ALF). The Land Use Plan (LUP) proposes the eventual construction of a one-story building with a total building floor area of 20,664 square feet. The rezoning is to only allow an ALF facility. 3 Planning and Zoning Commission Meeting August 26,2015 Discussion Member Keethler inquired why the current zoning of C-1 is incompatible. City Planner Rumer explained that ALF facilities require a residential zoning. Member Keethler further inquired why a Planned Unit Development (PUD) is needed for a single building, and Mr. Rumer explained that it is creating its own zoning district to make the use available. Member Marcotte inquired if the dedication of right-of-way along Silver Star Road is for future widening. City Planner Rumer answered that it is a tract, not a dedication, of right- of-way for widening in the future with a width of 20 feet. Member Marcotte also inquired about the location of the second entrance and whether it is going through the convenience store, and Mr. Rumer explained the previous plan for this site required a cross-access, and that is where the cross-access is located. Vice-Chairman McKey inquired if there is adequate parking on site. City Planner Rumer explained the planned site has sufficient parking available. The public hearing was opened. Tuan Huynh, Regional Consulting Engineers, explained the site will use an underground StormTech chamber system, which was approved on the prior plan. Vice-Chairman McKey inquired about engineering involvement and outstanding technical questions from staff. City Planner Rumer explained if approved, the site plan will be reviewed along with a soils report; and further, stated the conditions of approval are currently being finalized. The public hearing was closed. Vice-Chairman McKey, seconded by Member West, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission for approval of the Rezoning to Planned Unit Development (PUD) / Land Use Plan (LUP) for Crystal Investments Assisted Living Facility(ALF), subject to resolving the last outstanding staff comments before the City Commission meeting. Motion carried unanimously. Ocoee Pines (FKA Whispering Pines) Planned Unit Development (PUD) Preliminary/Final Subdivision Plan City Planner Rumer stated a brief description on the proposed project. The Ocoee Pines Planned Unit Development (PUD) property includes approximately 101.53 acres of vacant land and is located northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The Ocoee Pines Preliminary/Final Subdivision Plan is a residential subdivision that proposes a total of 278 single-family residential lots with a resulting net density of 2.84 4 Planning and Zoning Commission Meeting August 26,2015 units per acre, and is proposed to be constructed in two (2) phases. The subdivision will have two (2) access points on Clarcona-Ocoee Road and shows landscaping, columns and aluminum railings along the perimeter and open space portions of the site with a 6- foot high brick wall and landscaping along the north and south side of the development. The recreation area will consist of a 1,000 square feet Cabana, swimming pool, play field and tot-lot with benches. The public hearing was opened. Frank Browne, Pastor of Branch Christian Church, which is located just to the south of this site, is requesting road access on Clarcona Ocoee Road to the back of his property. City Planner Rumer stated Clarcona Ocoee Road is a County Road. Chairman Campbell referred him to Orange County Public Works. The public hearing was closed. Member Sills, seconded by Member Marcotte, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Ocoee Pines Planned Unit Development (PUD) Preliminary/Final Subdivision Plan. Motion carried unanimously. Weston Bay Commercial - Preliminary/Final Subdivision Plan City Planner Rumer stated a brief description on the proposed project. The subject site is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road and is approximately 6.6 acres in size, which consists of vacant and undeveloped land. This Preliminary/Final Subdivision Plan is a four (4) lot commercial subdivision with permitted uses through the approved Planned Unit Development (PUD) (All C-2 uses including Convenience with Gas Sales/Gas Station). Directly behind the commercial site is the proposed Crown Pointe Cove subdivision with a total of 44 single-family residential lots. Access to the commercial lots will be via an existing curb cut (full access) on Ocoee Crown Point Parkway and a (south) full access and (north) right-in/out on Ocoee Apopka Road. The Plan also shows a 6-foot high wall with landscaping between the residential and commercial portions of the PUD with pedestrian and emergency access along with a master retention pond for stormwater. The Applicant has requested one (1) waiver from the Land Development Code, which is for Lot 3 to be less than one acre but no smaller than .80 of an acre. Discussion City Planner Rumer explained the commercial C-2 criteria and mentioned that the commercial lots under this plan specify no use. He also stated because they are one-acre lots, the buildings should be under 25,000 square feet, which means there will be no 5 Planning and Zoning Commission Meeting August 26,2015 public hearing for establishments looking to build. Discussion ensued with the Board regarding C-2 zoning. Member Keethler mentioned the right (in/out) turn at the McDonald's and inquired if any work has been done to alleviate the problem there. City Planner Rumer replied road construction is planned for that area. The Board discussed the C-2 uses and requirements. The public hearing was opened. Jay Jackson with Kimley-Horn & Associates, civil engineers on this project, indicated they are in agreement with staff; and further, offered to answer any questions. Member Keethler asked for clarification regarding the .8 acre lot. Mr. Jackson explained this lot is under negotiation with Dunkin' Donuts, which .8 acre is their standard lot size. Further discussion ensued regarding this .8 acre lot and the uses of the other two lots. Member Sills inquired why the gas station was not approved and if the elevation had anything to do with it. Mr. Jackson said he is unaware of the reasoning, but suspects the gas station is not negotiating with the owner of the property. Member Keethler inquired about the timeframe of the commercial buildouts. Mr. Jackson stated the roads and infrastructure construction will be underway very soon. Rick Swanson commented a concern about traffic to and from the high school if the community is not gated. The public hearing was closed. Discussion Member Keethler brought up his concern regarding the waiver to decrease one of the lots from one (1) acre to .8 acres and inquired if any other lots around that area are less than an acre. City Planner Rumer explained on Silver Star Road there are lots that are .95, .90; and there is a .83 lot on Maguire Road. Discussion ensued regarding Dunkin' Donut lots. Member Marcotte questioned the traffic concern around the high school. City Planner Rumer stated that the subdivision is gated and the emergency access is a crash gate and pedestrian access. There is no throughway through the development. 6 Planning and Zoning Commission Meeting August 26,2015 Vice-Chairman McKey, seconded by Member West, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Preliminary/Final Subdivision Plan for Westyn Bay Commercial, subject to resolving any remaining staff comments before the City Commission meeting. Motion carried unanimously. Crown Pointe Cove — Preliminary/Final Subdivison Plan City Planner Rumer stated a brief description on the proposed project. The subject site is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road and is approximately 14.26 acres in size and consists of vacant and undeveloped land. This Preliminary/Final Subdivision Plan is a residential subdivision that proposes a total of 44 single-family residential lots with a resulting density of four (4) units per acre. The minimum lot size proposed is 50' x 110' (5,500 sq. ft.), and the PSP/FSP has a minimum living area of 1,500 square feet. The Subdivision will be gated with privately owned and maintained streets. This Plan is consistent with the approved Westyn Bay Commercial Planned Unit Development (PUD). The Subdivision is planned to have two (2) access points, which has the main access to be on Ocoee Crown Point Parkway and will be aligned with the existing Westyn Bay Boulevard. The second access is proposed to be an emergency-only access through the commercial portion of the PUD. The Plan also shows a six-foot high wall with landscaping that will be installed along Ocoee Crown Point Parkway and between the residential and commercial portions of the PUD. This perimeter wall will have the architectural style of the Westyn Bay development. The recreation area will consist of a tot-lot with benches. Orange County is the potable water and sewer service provider. The City of Ocoee will provide solid waste services, reuse water, police and fire protection. Discussion Chairman Campbell inquired about the proposed gate between the residential and commercial and whether it is strictly an exit. City Planner Rumer clarified that it is a crash-only gate. Vice-Chairman McKey inquired about Ocoee Crown Point Parkway and whether it is all being reconstructed under these plans with a comment about the width of a sidewalk. City Planner Rumer replied construction is finished, but explained there is no sidewalk along the frontage of the property, but there is one planned with a minimum of five (5) feet. Member de la Portilla inquired about whether the PUD would be required to be amended if a user wanted to purchase the property for Light Industrial. City Planner Rumer explained that depending on the Light Industrial use, it may require a Land Use Amendment Change to Industrial. Discussion ensued regarding industrial (I-1 and 1-2) zoning uses. Planning and Zoning Commission Meeting August 26,2015 The public hearing was opened. Rick Swanson commented he was told this property was part of the Ocoee burning and indicated he found part of the stills and chimneys. He indicated a title search and walk- through should be done on this property. Member West indicated this property has been an orange grove for 80 to 100 years. Discussion ensued regarding this property. The public hearing was closed. Member West, seconded by Member Sills, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Preliminary/Final Subdivision Plan for Crown Pointe Cove. Motion carried unanimously. Ocoee Crown Point Planned Unit Development (PUD) - Substantial Amendment to the Approved PUD Land Use Plan and Preliminary Subdivison Plan City Planner Rumer stated a brief description on the proposed project. The Ocoee Crown Point Planned Unit Development (PUD) is envisioned to be a multi-use project combining an assortment of public uses with residential, office and commercial uses in a high quality Traditional Neighborhood Development environment. The centerpiece of the Ocoee Crown Point project is the Ocoee High School which opened in August of 2005. OCPS also has additional lands available to construct a new elementary school on site, a workforce education facility, a bus parking facility, as well as space for ancillary school uses. The City has zoned land for a 30-acre public park, a 10-acre waterfront village with access to Lake Apopka. The City acquired an additional 36-acre site and amended the PUD to incorporate that area into the single-family development program. In addition to an extensive amount of wetlands along Lake Apopka, which were acquired with the original parcel, the City has also purchased an additional 52.5 acres of wetlands to further protect the natural features of the site. The City is currently under contract to sell the existing single-family residential tracts along with the 30-acre park tract to Mattamy Homes. Since the City has acquired additional land on Ocoee Apopka Road called the Rogers Property to create a future park, the 30-acre park tract is intended to be amended to allow single-family residential. The Ocoee Crown Point PUD was originally approved for a maximum of 264 single-family dwelling units. There are additional units for townhomes and mixed use available, which are not being amended in this application. The Land Use Plan originally indicated single-family in Tracts 2 and 50; however, due to the current market conditions, the City Commission agreed to modify the Park Tract and subsequently requested offers for sale of the property with the added single-family acreage. The applicant has modified the plan to include single-family as the primary residential use. Accordingly, the Land Use Plan was amended to reflect the applicant's request. The following modifications are proposed with this amendment submittal: 8 Planning and Zoning Commission Meeting August 26,2015 • Change the land use of Tract 3 from park to residential; • Increase the maximum number of single-family dwelling units from 264 to 333; • All internal roadways will be private and gated; • On Ocoee Crown Point Parkway, the vehicle access points for the Elementary School Site will be limited to the school tract; • Public pedestrian access for the trail will be limited to the conservation tract adjacent to Lake Apopka. No internal trails will be open to the public. • Rear setback change from 25' to 20' on all lots with 120' in length; • Modify the lot sizes to include 45's, 55's and 65's. Discussion Member Keethler commented that the City signed the contract with Mattamy Homes without amending the Land Use Plan beforehand. City Planner Rumer clarified the contract was contingent upon receiving all approvals. Vice-Chairman McKey inquired how many roads have been completed on this project and whether the road intersecting with the trail is in the plans. City Planner Rumer indicated that portion is fenced off and will not be improved at this point. Member Keethler inquired why the rear setback is more than the average. City Planner Rumer explained the lots are deep enough in order to fit the homes. Member Keethler asked what impervious area percent is allowed, and pointed out that this plan is at 75 percent, and Mr. Rumer explained the Land Development Code allows a maximum of 80 percent and has to meet St. Johns and City codes. Member Keethler inquired why the adjacent property of Westyn Bay only has a requirement of 50 percent, but this property's requirement is 75 percent. Mr. Rumer further explained that the standard code criteria is 50 percent; but if master stormwater is entailed, 80 percent is the requirement. It is up to the developer and engineer on how they want to develop the site. Discussion ensued regarding the site plan. Member Marcotte asked what portions of the site Orange County Public Schools (OCPS) owns. City Planner Rumer indicated OCPS helped purchase the property, but as of today OCPS owns the high school property and the Bus Depot Tract. Member Marcotte asked if OCPS has any interest in the community park, and Mr. Rumer indicated the park is owned by the City. 9 Planning and Zoning Commission Meeting August 26,2015 Member Keethler is concerned this plan will change the conditions of the adjacent Westyn Bay's buffer zone, which is a dense barrier of natural vegetation and asked if there were any provisions to protect the buffer zones. City Planner Rumer disagreed and commented that the vegetation will remain and explained the roadway and retention pond. Discussion ensued regarding the property's buffer zones and development of the tracts. The public hearing was opened. James Hoffman, P.E., VHB, design consultants for this project, indicated they are in agreement with staff; and further, offered to answer any questions. Vice-Chairman McKey asked if any changes to the trail will be made. Mr. Hoffman answered that no changes are proposed with this application. Chris Darden indicated he resides adjacent to this site and was concerned about the wildlife in the area. The public hearing was closed. Discussion Member West declared a Conflict of Interest and will not be voting. Member Keethler mentioned this property is the last developable piece of land next to Lake Apopka, and in his opinion the high density, shotgun homes with long, narrow 45' lots are not compatible with the surrounding neighborhoods. He asked the Board to consider voting against it. Member West disagreed with his opinions and commented this community resembles Celebration. Member de la Portilla questioned if there will be alleys with garages in the back of the homes. City Planner Rumer clarified that the homes have standard, front-loading garages. Member de la Portilla conveyed that he believes 45' is way too small for adequate on-street parking and commented that 80' wide is problematic. Discussion ensued regarding the purchase of the land. Member Sills commented that in his opinion the future generation seems to like this type of development with nice, low-maintenance homes, which are similar to Celebration. Chairman Campbell commented that the City needs all different types of housing for their residents, and that is what this Board and the Commission tries to accomplish. He thinks it is well thought out and will be a useful addition to the area. Vice-Chairman McKey agrees and states if there is a choice between apartments and this type of development, the single-family home wins every time. 10 Planning and Zoning Commission Meeting August 26,2015 Member Sills, seconded by Vice-Chairman McKey, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Substantial Amendment to the Planned Unit Development (PUD) Land Use Plan and Preliminary Subdivision Plan for Ocoee Crown Point PUD. Member Keethler asked if there is going to be a park. Chairman Campbell clarified that the City has the 30 acres to build a park down the road. Member Keethler pointed out again that this area merits bigger lots with 50 percent impervious area. Member Marcotte inquired if it has a 100 year master stormwater. City Planner Rumer replied a master stormwater is a 100 year requirement by the City. After discussion, the Motion carried (5-1), with Member Keethler opposing and Member West abstaining. Homes in Partnership -Annexation and Initial Zoning, N Lakewood Avenue City Planner Rumer presented a brief description on the proposed project. The subject properties contain three parcels, which are contiguous and vacant. Two lots are 7,500 square feet and located on the west side of N Lakewood Avenue, and one is 7,750 square feet located on 13th Avenue. City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of the adjacent Orange County properties. This property will be annexed in with an Annexation Agreement to allow the 50' wide lot, because it exceeds the minimum zoning for lot size, but does not meet the width. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. Discussion Member Sills inquired if 13th Avenue is within the City. City Planner Rumer responded the homes in the vicinity are able to connect to City water, but they are not all within the City. He added the lots will connect in front. Member Keethler inquired what the benefit is to the City. City Planner Rumer explained that an enclave will be reduced, and the City will inspect the homes and collect the impact fees and taxes. He further went on to explain the business of Homes in Partnership, which is a homebuilder that qualifies individuals for a mortgage through USDA. 11 Planning and Zoning Commission Meeting August 26,2015 The public hearing was opened. Tim Fore spoke about this property that his grandparents owned at one time. He explained his concerns about the septic. He spoke regarding his wishes for keeping this property with Orange County. Member Sills inquired about the number of houses that were on the property. Mr. Fore responded one house. City Planner Rumer explained that the septic is maintained by the Orange County Health Department. Mr. Fore also requested that a fence be installed to separate the properties. The Board explained the request needs to be discussed with the builders. The public hearing was closed. Member West, seconded by Member Sills, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Annexation of the +1- 0.52 acres known as the Homes In Partnership N Lakewood Ave properties, with an Initial Zoning classification of "R-1." Motion carried unanimously. Homes In Partnership —Annexation and Initial Zoning, 535 Woodson Avenue City Planner Rumer presented a brief description on the proposed project. The subject property is a vacant lot located at 535 Woodson Avenue, which is south of the intersection of Woodson Avenue and Center Street. City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of the adjacent Orange County properties. This annexation is being requested to obtain water service and sewer. This property will be annexed in with an Annexation Agreement to allow the 50' wide lot, because it exceeds the minimum zoning for lot size, but does not meet the width. The proposed annexation is a logical extension of the City limits where urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member West, seconded by Vice-Chairman McKey, moved that the Planning and Zoning Commission recommend to the Ocoee City Commission approval of the Annexation of the +1- 0.19 acres of land known as the Homes In Partnership, 535 Woodson Ave property, with an Initial Zoning classification of "R-1."Motion carried unanimously. 12 Planning and Zoning Commission Meeting August 26,2015 Project Status Report City Planner Rumer briefed the board on the next meeting, September 8th, which two items will be discussed; an annexation off of 13th Avenue along with a PUD rezoning off of Silver Star Road. MISCELLANEOUS Chairman Campbell announced that he is stepping down and this was his last meeting. This was a hard decision after 12 years on the board, and he has really enjoyed being a member and chair. The entire Board and staff wished him well. City Planner Rumer announced elections for chairman will take place on September 8th. ADJOURNMENT The meeting adjourned at 9:26 p.m. ATTEST: APPROVED: Kathy ard, Recording Clerk hairman 13 1