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HomeMy WebLinkAbout09-08-2015 Minutes MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, SEPTEMBER 8, 2015 CALL TO ORDER Vice-Chairman McKey called the meeting to order at 7:00 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 de la Portilla, Dillard, Briggs, Marcotte, West and Sills. Also present were City Planner Rumer, Principal Planner Fabre, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. ABSENT: Member: Keethler (NE). ELECTIONS Member West, seconded by Member Marcotte, nominated Robert McKey for Chairperson for a term ending February 2016. Motion carried unanimously. Member West, seconded by Member Dillard, nominated Don Marcotte for Vice- Chairperson for a term ending February 2016. Motion carried unanimously. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Wednesday, August 26, 2015. Vice-Chairman Marcotte, seconded by Member Sills, moved to accept the minutes of the August 26, 2015, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Ocoee Landings Rezoning to Planned Unit Development (PUD)/Land Use Plan (LUP)/Preliminary Subdivision Plan (PSP) Project# RZ-14-08-08 & LS-2014-004 Principal Planner Fabre gave a brief presentation on the proposed project. The subject property is located on the northeast corner of Silver Star Road and Lake Johio Drive. The site is approximately 20 acres in size and is currently vacant, undeveloped and covered with an assortment of trees. The property is currently zoned Community Commercial (C-2). The Ocoee Landings Planned Unit Development (PUD) will consist of a mixed-use development consisting of 9.15 acres of residential and 6.89 acres of commercial. The residential portion of the project is proposed at a maximum of fifty (50) dwelling units. The typical lot size proposed is 50' x 110' (5,500 sq. ft.). The minimum living area is 1,400 sq. ft. There are three recreation areas with two tot-lots proposed on the LUP/PSP. The subdivision will have public streets and will not be gated. Planning and Zoning Commission Meeting September 8,2015 The four (4) commercial lots will have access on Silver Star Road and Lake Johio Drive. The commercial portion will consist of 6.89 acres of C-2 (Community Commercial) uses with certain uses excluded (Automobile Sales, Hotel, Motel). Special Exception uses allowed will require a Special Exception Site Plan approval before permitting. There is a 15 foot wide buffer zone on the north side of the commercial lots consisting of a six-foot high brick wall and landscaping. On the north side along the residential portion, there is a proposed decorative vinyl fence. Along the frontage of Silver Star Road, there is a 25 foot landscape buffer and either a brick wall or brick columns with metal fencing. The Applicant has requested three (3) waivers from the Land Development Code. First, the Applicant has requested a waiver from Table 5-1 Permitted Use Regulations to allow drive-in restaurants within two hundred (200) feet of residential property. The reason for the waiver is because of the mixed-use characteristics of the PUD, the residential lots will be less than 200 feet from the commercial out parcels. The second waiver request is for the commercial building setback of 50 feet against residential use to be reduced to 25 feet on Lots 3 and 4 only. The third waiver request is reducing the PUD 25 feet minimum building setbacks for the residential portion of the PUD. The Applicant will have to request for right-of-way vacates along the northern residential portion and a portion of the adjacent eastern roadway in order to have a feasible Land Use Plan/PSP. The vacation and subsequent ownership of the vacated tracts must be obtained by the Applicant before Final Subdivision Plan approvals. Discussion Vice-Chairman Marcotte inquired what type of drive-thru restaurant would be placed there. Principal Planner Fabre indicated, as far as he knows, the Applicant does not have any proposals at this time. The Applicant, Charlie Vickers, with MiJax Corporation indicated that they do not have any restaurant inquiries at the moment. Vice-Chairman Marcotte inquired about the second waiver and whether there was any feedback regarding reducing the building setbacks from 50 to 25 feet in the residential portion. Principal Planner Fabre indicated staff feels there is adequate landscaping and buffering along the residential use to support this request. { 2 4 Planning and Zoning Commission Meeting September 8,2015 Chairman McKey asked for more clarification regarding the first waiver, which is to allow drive-in restaurants within two hundred (200) feet of residential property. Principal Planner Fabre explained the Applicant is asking for a waiver to allow drive-in restaurants within two hundred (200) feet of residential property and further stated they are in the process of fine-tuning this waiver. The Applicant, Charlie Vickers, indicated this will affect only Lot 2 and mentioned they will not pursue a drive-thru. Chairman McKey inquired about the third waiver, which is reducing the PUD 25 feet minimum building setbacks for the residential portion to 20 feet. Principal Planner Fabre explained that it is a 20 feet setback on residential. City Planner Rumer explained the waivers in detail. The public hearing was opened. Ruby Rozier, neighboring resident, expressed her concerns regarding the noise and traffic from the commercial lot. Principal Planner Fabre described the setbacks, the proposed decorative vinyl fence and landscaping between the lots. Chairman McKey asked staff to discuss the use of the commercial lot with the developer to see if they can control the noise level. Socrates Perez, nearby resident, inquired about the size of the lots and whether the paper road was included in the lot size. Principal Planner Fabre explained the lots are 50 feet wide and 110 feet long, which includes the paper road that is awaiting approval. Mr. Perez is concerned about the buffer between his home and the proposed residential sites. Principal Planner Fabre explained the proposed buffer, vinyl fence and landscaping. Martha Lopez Anderson, with the Silver Bend HOA, expressed her concerns about the egress and ingress of the property and further represented that the Silver Bend HOA is requesting a traffic light on Silver Star Road. Ms. Anderson inquired about the gopher tortoises on the property and if they will be relocated. Principal Planner Fabre explained an environmental assessment will take place to locate the gopher tortoises to relocate them. The public hearing was closed. 3 Planning and Zoning Commission Meeting September 8, 2015 Discussion Member Dillard inquired if a traffic study was done. Principal Planner Fabre indicated the traffic study is complete. City Planner Rumer elaborated on the traffic study and indicated Silver Star Road is a state road, which entails any changes to go through Florida Department of Transportation; and further, expressed the City is requesting a signal. Discussion entailed regarding the traffic study. Member Briggs inquired where the potential school bus stop will be for the proposed site. Principal Planner Fabre pointed out the turns in the proposed subdivision are designed for fire trucks and indicated the cul-de-sac is of good size. City Planner Rumer indicated the Orange County School Board reviewed the proposed plans in which there were no concerns. 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 PUD Rezoning, Land Use Plan and Preliminary Subdivision Plan for Ocoee Landings, subject to resolution of the remaining staff comments before the City Commission meeting. The motion carried unanimously. Homes in Partnership 13th Avenue Property Annexation and Initial Zoning Project No(s): AX-02-14-44 & RZ-14-02-02 City Planner Rumer gave a brief presentation on the proposed project. The subject property is located at 348 13th Avenue, which is on the south side of 13th Avenue and on the corner of 13th Avenue and Peters, with one single-family dwelling on said property. This is a voluntary Annexation in order to receive City water services. 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 properties in the City of Ocoee. This property was bought by Homes in Partnership in 2014. Since the USDA funding was expiring, the City arranged an intent to annex, which allowed the connection to City water and construction of the home. Discussion Vice-Chairman Marcotte inquired about where the property was permitted. City Planner Rumer explained it was permitted in Orange County, because of the timeline with the USDA funding guidelines. The public hearing was opened. As no one wished to speak, the public hearing was closed. 4 Planning and Zoning Commission Meeting September 8,2015 Member Dillard, seconded by Member Briggs, 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 +/- 0.26 acres known as the Homes In Partnership 13th Avenue Property, Project No: AX-02-14-44. Motion carried unanimously. Vice-Chairman Marcotte, seconded by Member Dillard, moved that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission approval of the Initial Zoning classification of "R-1" of the +/- 0.26 acres known as the Homes In Partnership 13th Avenue Property. Motion carried unanimously. MISCELLANEOUS Project Status Report City Planner Rumer briefed the board on a Special Exception Request for a charter school in a C-2 zone on the corner of AD Mims and Clarke Road. September Calendar City Planner Rumer informed Board Members the next meeting will be in October. ADJOURNMENT The meeting adjourned at 7:48 p.m. ATTEST: APPROVED: athy He.rd, ecording lerk /k-jintChairma //I t>n U"( ares rl.— 5