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HomeMy WebLinkAboutItem #02 Approval of March 15, 2016 Special Session Minutes 4 CITY OF OCOEE Special Session Arbours at Crown Point PUD Substantial Amendment to the Approved PUD LUP City Commission Chambers 150 North Lakeshore Drive Ocoee, Florida Tuesday, March 15, 2016 at 7:15 p.m. CALL TO ORDER Roll Call and Determination of Quorum - City Clerk Eikenberry Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner de la Portilla, Commissioner Keller. [SECOND READING OF ORDINANCE.— P , ;,� » ro _ HEARING Second Reading of Ordinance for Arbours at Crown Point PUD (Planned Unit Development) - Substantial Amendment to the Approved PUD Land Use Plan. (Advertised in the West Orange Times on Thursday, February 18, 2016.) (City Planner Rumer) The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1 acres in size, and Parcel A is currently under site development for 240 multi - family dwelling units (Arbours Apartments). The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the eastern property line. Pedestrian access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located on the eastern property line. The proposed CSUSA Charter School is located on Parcel B of the Arbours at Crown Point PUD. Within the PUD, Parcel B was reserved for 97,000 sq. ft. of commercial use. The subject site is vacant and contains 10.6 acres. The current zoning designation on the property is PUD. The existing land use designation for the property is "Light Industrial" The proposed CSUSA Charter School consists of a two story 68,000 sq. ft. K -8` grade charter school. The campus will consist of a single school building with associated recreational field and tot lot. The recreation field will not be lighted. Stormwater retention will be located on the property. Access to the site will be provided via one (1) entrance located on West Road. The access will be a right -in /right -out. A secondary emergency access will be provided on Fountain West Boulevard. A traffic stacking analysis was provided. The total traffic generated under the amended development plan is 3,433 trips and does not exceed the maximum trips allowed in the PUD (5,161). The proposed K -8 school use does not fail any concurrency standards. The traffic study indicates a need to establish a dedicated U -turn lane at the intersection of West Road and Ocoee Apopka Road. 7:19 PM - City Attorney Cookson briefed the Commission on the procedures of a quasi-judicial hearing and advised that the City Commission may only consider the evidence before them at this public hearing so that they can determine facts and reach conclusions with regard to this request based on the evidence presented this evening. It was further explained that any ex parte communication must be disclosed on the record or made part of the record during this hearing. During this time, each individual commissioner disclosed any site visits, personal investigations, or communications that they may have had with residents, with the applicant, or attorney, written or verbal, regarding the Arbours at Crown Point PUD. 7:25 PM - Mayor Johnson announced that the meeting would proceed with the City Attorney reading the title of the ordinance. Then the City Planner would provide the staff report for this item. Following the staff report the applicant will make a presentation which will be no more than 15 minutes. Following the applicant's presentation the public hearing will be opened for public comments. Following the public comments, the applicant will have an opportunity to make a brief rebuttal to address any items that were brought up during the public comments section. Once the applicant has provided the rebuttal, the City Commission will discuss and make a decision based on the evidence presented tonight. Mayor Johnson announced the March 15 General Election unofficial results are in and he has won the Mayor seat. The Commissioner District #3 seat will have a run -off election between candidate Richard Firstner and Marc A. Price. City Attorney Cookson read the title of the ordinance. 7:28 PM - City Planner Rumer gave a brief overview presentation on the substantial change to the Arbours at Crown Point PUD. The subject property is located on the north side of West Road and west of SR 429. The Arbours at Crown Point PUD is made up of two parcels, Parcel A is currently under site development for 240 multi - family dwelling units (Arbours Apartments). Parcel B was reserved for commercial uses. The amendment to the PUD is to include a charter school for 1,145 students as a permitted use. The PUD in total is 26 acres of which the proposed CSUSA Charter School contains 10.6 acres. Further explanation was given on the extension of Fountains West Blvd. (provided by the Arbours Apartment) as well as the two (2) access points onto the site. City Planner Rumer advised the plans before them are different than the site plans provided in the staff report for the first hearing that was continued. A change to the site plan includes a new location of the entrance /exit on Fountains West Blvd. Additionally; there is a new traffic supplement under the new traffic program and a revised site plan sheet. 7:32 PM - Allison Turnbull, Attorney with Holland & Knight, began her presentation by submitting into the record a petition with a 147 signatures in support of their application. Ms. Turnbull gave a brief overview of the project, of what issues have arisen, and how they have resolved them. Commission Q &A: 7:42 PM - Commissioner Grogan inquired if Fountains West Blvd. is a new location for an exit point for the charter school. Ms. Turnbull answered in the affirmative. Commissioner Grogan further asked if at that particular site, in the future, it may be possible that a traffic light is needed. Ms. Turnbull said that is correct. They will be doing a signal warrant analysis for that intersection. If it is warranted, a traffic signal can be placed there. Commissioner de la Portilla inquired if the signal is warranted than who would pay for the signal. Ms. Turnbull advised that it is a County Road so that would be between the developer and the County to figure out who pays for the signal and when. They have spoken to City staff about this signal and this would not be a requirement that would fall back on the City since it is a County road. The only comments they have heard from the City is that they would prefer a mast arm type of traffic signal which Orange County is amenable to that request. Ms. Turnbull further said that they would be open to having a condition placed on this approval stating that if a signal is warranted than at that time it would be on the developer to negotiate with Orange County as to who pays. Commissioner Keller inquired about sidewalks since there are times when parents do not want to be in the drop- off /pick -up line so they drop their kids off outside of the school property. How are they going to prevent neighbors' yards from being a stopping ground for students? Ms. Turnbull advised that she will let the developer explain how the drop- off /pick -up line is handled in other schools but the good news for this site is that there are no neighbors. The West Orange Trail is on the East and retention ponds on the West. Additionally, charter schools do have certain rules that regulate the drop- off /pick -up of students. She further commented that there will be sidewalks, which will be shown on the site plan when it comes before them in the future. Commissioner Keller further asked about the acquiring of easement for reclaimed water that is being installed out in that area. City Planner Rumer briefly explained the location of the proposed reclaim that is to be installed and advised that this will be reviewed further at the site plan process. Commissioner Keller inquired if police officers are needed for traffic issues will there be any reimbursement to the City from that school. Ms. Turnbull answered in the affirmative. Mayor Johnson inquired what would be the start capacity of the school. Ms. Turnbull said it would be 661 students, then 910 students, and then the full capacity of 1,145 students. Mayor Johnson inquired how they chose the applicants for the school. Chip Cordes, Summit Construction Group, said because it is a public school it is open enrollment to anyone in the county who applies; it is first come first serve. Once they have full classes than only at that time they go to a lottery where names are picked for continuing in the school the following year. Since it is a public school they must follow any criteria that the public schools have to honor. Mayor Johnson inquired if they have already signed students up for this school. Mr. Cordes said they have not. He further said what they have done is stated on their website that they have a proposed school coming and have allowed parents to come to their meetings. If parents wanted more information than they have collected names and e -mail addresses so that if /when it is approved they can contact the parents to fill out applications. Further discussion ensued on the open enrollment and lottery process of charter schools. 7:53 PM - RECESS Mayor Johnson briefly provided instructions for the public comment portion of the public hearing. 8:06 PM - The public hearing was opened. James Taylor, Leftwich Consulting Engineers, Inc., briefly advised they have been working on this project since December 2015 and what has been produced from that is two (2) traffic analysis. He further explained the Traffic Impact Analysis report and discussed the following conclusions: • The facilities within the study area will operate within an adopted level of service standards after build -out and mitigation. • The site plan showed ample on -site storage to accommodate peak hours without spillover onto West Road. City Attorney Cookson advised that residents, Cheryl King and Joseph Kopelovich, have assigned their 5 mins of public comments time, to Ms. Fitzgerald. 8:12 PM - Miranda Fitzgerald, Attorney with Lowndes, Drosdick, Doster Kantor & Reed Law Firm, representing Malka Issak, the land owner closest to the East of the proposed charter school site, spoke in opposition of the charter school specifically with regards to the traffic concerns. She further addressed concerns regarding the east /west spine road and the inadequate size of the site for 1,145 students. 8:26 PM - Commissioner de la Portilla asked the City Planner to explain the layout of the road. Commissioner de la Portilla commented that prior to him being appointed as Commissioner he sat on the P &Z Board and last October plans were submitted by this applicant for a Charter School on a site located on Clarke Road that was also 10 acres in size. At that meeting, he shared the same concerns she did on the size of acreage verses the number of students; however, he has done some additional research and has found that OCPS has three (3) K -8 schools on a 10 acre site. He has concluded that even though there is a state recommendation that a K -8 schools go on a 15 acre site he has found that Orange County has also deviated from that and is building K -8 schools on smaller sites. Mayor Johnson advised that resident, Tim Alcurri, has assigned his 5 mins of public comments time to speak, to Mr. Gaines. 8:31 PM - Bryan Gaines, HDR Engineering Inc., representing Malka Issak, explained he was hired to review the initial traffic study that was performed by Leftwich Consulting Engineers, Inc. as well as the supplemental analysis that was submitted on February 26 His presentation addressed some of the issues they saw with the site plan, trip generation for the site, operational issues associated with drop off and access to the site; and lastly, the intersection of Fountains West Blvd. and West Road. 8:41 PM - Trevor Hall Jr., Colliers International, representing Malka Issak, said he is a land expert and briefly expressed his opinions regarding the site of the property and the acreage of the proposed charter school. He further shared that his professional opinion is that the congestion and traffic delays that will occur on the West Road remnant will adversely affect the value of Malka Issak's property to the East. It will be congested, and future land buyers may view that congestion as a negative externality. 8:50 PM - Charles Cordes, Summit Construction Group, provided a video of the stacking level for a similar style school in the Jacksonville area. He gave further explanation on the car drop -off and pick -up process and the time schedule of some of their programs. 8:53 PM - Todd Lucas, Summit Construction Group, further commented that this is a choice school and many members of the community would like that choice which is evident by a petition that has been submitted. Of the 147 signatures on the petition there were 145 that were Ocoee residents. Additionally, they have received upwards of 380 people's names as having an interest in this school. He further asked that the Commission please consider the facts and figures verses the opinions spoken tonight. The following residents spoke in support of the proposed charter school site: 8:45 PM - Rachael Scherwin 8:47 PM - Mike Hopper 9:01 PM - Ken Baer — specifically spoke in favor of more schools in Ocoee. The following residents spoke in opposition of the proposed charter school site: 8:54 PM - Aleida Verdasco 9:20 PM - Rodney Stogsdill 9:24 PM - Don Dill 9:07 PM - RECESS 9:26 PM - Mayor Johnson allowed the applicant, Alice Turnbull, the opportunity to address any issues or rebut any matters presented. 9:30 PM - City Planner Rumer briefly explained and clarified the cost of the traffic improvements in that area which was in the mitigation from the original PUD. 9:32 PM - Commissioner de la Portilla inquired on the time frame for a traffic signal to go up once it is warranted. City Planner Rumer said in his 10 years employment as a Planner with the City, they have not encountered an issue on an Orange County Road where they had to work with a signal. Nick Lepp, City's traffic consultant with Renaissance Planning Group, said he does not have an exact time line on when a signal would go through but because it is a safety improvement it would go quicker to meet that safety warrant. 9:36 PM — Commissioner de la Portilla had the following questions answered by the applicant: 1) what is the start and end time for a K -8 charter school, 2) what are the before /aftercare programs, 3) how many employees will be hired at the school and is this a transfer or new jobs, 4) how is the board of directors set up, 5) what type of parental involvement is required, 6) are charter schools required to comply with Florida's standard testing, 7) at full enrollment what is break down of elementary to middle school, 8) is OCPS still involved in oversight of the school, and 9) have they have ever had any of their charter schools closed. 9:41 PM - Commissioner Keller inquired about the total enrollment of the school and how the shift from elementary to middle school would be affected. The enrollment matrix was explained by the applicant. Commissioner Keller further inquired about the trips going out of the property onto the road extension. Ms. Turnbull explained it runs counterclockwise so it is an option to do the entire loop and come out on the West Road extension. Further discussion ensued regarding the road in question and the possibility of widening it in the future. 9:50 PM - Commissioner Wilsen inquired what the footage is from the school with regards to commercial property and the sale of alcohol. City Planner Rumer advised the locational requirements for alcohol sales adjacent to a school are 1,000 ft from the front door of the bar /liquor store to the nearest property line of the school. He further shared that for a church it is 1,000 ft. from door to door as you would travel. Presently, there is a property by the school that is owned by a church. Restaurants are exempted from those locational requirements. 9:52 PM - The public hearing was closed. 9:52 PM - Commissioner Grogan commented that he voted no for the Kids Community College Charter School but that still passed. He was against that because of the location. He further commented that there is no question there is a need for schools and OCPS has no intentions of building a school at this time. He feels that with the growth they should give residents a choice and this is a good location. The applicant has heard the opinions of the Commission and they have returned with fixes to the issues. 9:55 PM - Commissioner Wilsen commented that she is not opposed to Charter Schools but will be voting based on the best use of the property as it affects the residents of Ocoee and the future land use of adjoining property on the 429 corridor even if it is unincorporated property. 9:56 PM - Commissioner de la Portilla commented that he is a big supporter of education and he moved to the City of Ocoee for that reason. He has personally spoken with some of the residents at Westyn Bay that have school age children including a friend who lives in that subdivision and they believe this school will help the Westyn Bay community. It could help drive demand in that community and home values as well as bring in new jobs. Commissioner de la Portilla further commented that if this moves forward he would like the applicant's attorney to offer a condition to be included that the developer will work with Orange County to ensure that a traffic signal is erected on that site and the City is held harmless from having to pay for that traffic signal. Secondly, he would like it added that the charter school is willing to pay for off duty police officers to patrol or reimburse the City for the officers. 10:00 PM - Commission Keller shared his frustration with the charter school enrollment process and Orange County Public Schools and their timeline on building schools. He commented that he does like the 5 years' worth of credit up front that the charter school is proposing since schools that fail would do so within the first 5 years. His only concern is that he wished there was a way that they could allow Ocoee residents first enrollment opportunity. If they were truly following the county's guidelines they would have a smaller district where the Ocoee residents would get first chance of enrollment to get into the school. 10:04 PM - Mayor Johnson commented that this goes back to the Planning and Zoning Board and he was disappointed with their action since they did not recommend anything back to the Commission. He further shared that many residents voice their concern regarding schools but in his 28 years serving on the Commission he has attended many Orange County School Board meetings and residents do not show up. Residents need to take the time to encourage the school board to follow through on building the Ocoee schools. He further discussed the school impact fees collected from new development and the rezoning of school districts handled by the County. Mayor Johnson shared that while out campaigning for this election he received feedback that citizens want a choice on what education they can get for their children. Motion: Move to approve Ordinance No. 2016 -004 for Arbours at Crown Point PUD (Planned Unit Development) - Substantial Amendment to the Approved PUD Land Use Plan with the following conditions: 1) applicant is offering to pay the amount of $200,000 as a payment in lieu of taxes, 2) applicant is offering to pay the amount of $128,150 as payment for police and fire impact fees, 3) revising the development agreement to include a warrant of analysis of three separate times during the enrollment process which involves working with Orange County for construction of a traffic signal that will not be the responsibility of the City, 4) there will be no additional commercial property on this site, 5) the construction of Fountains West will be entirely constructed by the developer, and 6) if police officers are required to monitor traffic the developer would be responsible for hiring those off duty police officers. City Attorney Cookson advised that the applicant has indicated that they agree with all six (6) conditions. Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried 4 -1 with Commissioner Wilsen opposing. R l PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING.