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HomeMy WebLinkAbout01-10-2017 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 4.044 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 00O2 Robert Frank Joel F. Keller, District 4 florida PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MINUTES January 10, 2017 I. CALL TO ORDER - 7:04 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Vice-Chairman Marcotte, Member Dillard, Member Evans, Member Sills, Member West and Member Wunderlich. Also present were City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard Absent: Chairman McKey, Member Keethler and Member Richemond II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held November 29, 2016. 7:02 pm Motion for Approval of the Consent Agenda: Moved by Member Sills, Seconded by Member West Motion carried 6-0. III. OLD BUSINESS — None Wage Planning and Zoning Commission Meeting January 10,2017 IV. NEW BUSINESS 7:06 pm A. Silver Star Rd Planned Unit Development (PUD) — Preliminary Subdivision Plan (PSP), Project No.: LS-2016-011 — Public Hearing City Planner Rumer City Planner Rumer presented a summary of the subject property, which is located on the south side of Silver Star Road, approximately 1,200 feet east of Johio Shores Road and 900 feet west of Good Homes Road. The subject site is approximately 10.91 acres in size and is currently undeveloped with planted pine trees. The Parcel ID number is 15-22-28-4716-00-142 with a physical street address of 8600 Silver Star Road. The Silver Star Road PUD is a planned residential subdivision that proposes a total of 43 single-family residential lots with a requested density of 3.12 units per acre. The residential street (50' wide) is planned to be designated as public right-of-way. The residential lots will be approximately 42.5 feet by 115 feet. The PUD has a minimum living area set at 1,500 square feet. The development is proposed to be developed in one (1) phase. City Planner Rumer explained to the Board that on July 12, 2016, the Planning and Zoning Commission reviewed and recommended approval of the PUD Rezoning and Land Use Plan; however, the intended homebuilder (Beazer Homes) pulled out of the project. A new homebuilder (Avex) has come aboard and is requesting the Preliminary Subdivision Plan run concurrent with the Annexation, Rezoning, and Land Use Plan approval process. He clarified that there are no changes to the plan, and Avex is assuming the plan as is. Development Review Committee Recommendation: The Development Review Committee (DRC) met on January 4, 2017, and reviewed the Preliminary Subdivision Plan for the Silver Star Rd PUD. When the discussion was finished, the DRC voted to recommend approval of the Preliminary Subdivision Plan. Staff Recommendation: Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary Subdivision Plan for the Silver Star Rd PUD. Discussion: Member Marcotte asked if there will be a common recreational area within this development. City Planner Rumer answered in the affirmative, and further indicated there is a tract for open space and a lift station, storm water tract, tot lot and concluded that this is within the Wekiva Study Area, which requires 35 percent open space. 21 Page Planning and Zoning Commission Meeting January 10,2017 Member Sills asked if there is a westbound left-turn lane. City Planner Rumer said currently existing is a westbound left-turn lane. Member Dillard asked if there will be an enclosed fence. City Planner Rumer indicated decorative fencing with columns will be installed along Silver Star Road. Member Evans asked what the reason is for only one entrance/exit. City Planner Rumer answered this is a smaller development in which one entrance/exit is acceptable. Tom Daly, Daly Design Group, Applicant, indicated that no changes have been made to this development plan since this was before the Board last year. The public hearing was opened. Jeff Annis, 8505 Silver Star Road, shared with the Board that he owns a home adjacent to this proposed development and is worried about what may happen with the value of his home if this development is approved. The public hearing was closed. 7:19 pm Member Wunderlich indicated he noticed that the Homeowner's Association will be handling business affairs and asked if it will be a mandatory or voluntary HOA. City Planner Rumer said it will be mandatory for maintenance of the retention pond and of the tracts within the subdivision. Member Wunderlich asked what the street width is within the subdivision. City Planner Rumer answered fifty (50) foot right-of-way, and the pavement width is 24 feet. Member Wunderlich asked if parking will be allowed on one side or both sides of the street. City Planner Rumer said it is the same as any right-of-way within a subdivision. Member Wunderlich inquired whether Avex has built in Ocoee previously. City Planner Rumer indicated they have built the townhomes within the Towns of Westyn Bay. Member Dillard asked when they anticipate breaking ground. City Planner Rumer explained this is the preliminary subdivision plan and the final subdivision plan will be forthcoming. Eric Marks, Avex Homes, spoke from the audience indicating they hope to have a model home opening in March of 2018. Member Wunderlich inquired if the width of the lots is the minimum that the City allows. City Planner Rumer explained the various lot widths, and he said this particular development planned their zoning district with lots that are 42-and-a-half feet wide, which is not standard. Member Wunderlich said that he noticed on the diagram that it takes two lots to equal any one lot that the homes back up to in adjacent communities, which he believes is a big contrast. City Planner Rumer explained the ongoing trend, which entails 60 percent of approved lots are 50 foot lots and under. 3 ' Page Planning and Zoning Commission Meeting January 10,2017 Member West explained that for a development of this size, large lots would not make it a viable project. City Planner Rumer indicated this is today's market with deeper lots. 7:25 pm Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Silver Star Rd Planned Unit Development(PUD) Preliminary Subdivision Plan (PSP), Project No.: LS-2016-011, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member West, Seconded by Member Sills; motion passed unanimously 6-0. Member Marcotte said for the record he understands the market, but he is not a big fan of this type of neighborhood. He would like to see larger lots with larger homes come to Ocoee. Member Wunderlich indicated he has the same concerns. He would like to see some developments for the move-up buyers so that Ocoee does not become a city of first-time buyers who leave the city when they wish to move into something bigger. Member Sills commented that he feels the millennials are not concerned with large lots and taking care of the grass and upkeep of a larger-lot home; however, maybe 10 or 15 years down the road this will change, but right now this seems to be the trend and what is selling. 7:27 pm B. The Park at 429 Planned Unit Development (PUD) (FKA East Crown Industrial PUD) Preliminary/Final Site Plan (PSP/FSP), Project No.: LS-2016-010 — Public Hearing City Planner Rumer City Planner Rumer presented a brief background of this planned unit development, which was previously recommended by this Board and approved by the City Commission for an annexation and initial zoning on September 20, 2016. He explained that when this PUD was presented to the City, it was a very descriptive and specific plan on details such as the entrance points, building layout, buffers and setbacks. City Planner Rumer continues with a summary of the proposed project, which is located on the north side of Palm Drive, on the west side of State Road 429 (Western Expressway) and the east side of East Crown Point Road. The property is vacant/undeveloped. The applicants propose to develop the 45.85 acres as a light industrial/flex office PUD consisting of five (5) buildings totaling a maximum of 645,600 sq. ft., which will be built in phases. The permitted uses will be limited to those uses permitted within the I-1 (light manufacturing and warehousing) except: automotive sales (new and used), boat sales and service, mobile home and travel trailer sales, monument sales, motor vehicle wholesale and lumber yard. A wet and dry master stormwater system is proposed on the north end of the property. The site is located within the City of Ocoee utility service area and is proposing to connect to public utilities for water and sewer. There is an existing 12" water main running along the south side of Palm Drive and an 8" force main running along the north side of Palm Drive. Extension of the water and sewer lines are required. 4 ' Page Planning and Zoning Commission Meeting January 10,2017 City Planner Rumer discussed the flow of traffic around this PUD and mentioned that the City of Winter Garden and City of Ocoee have agreed to a cost share in a new signalization of the intersection of East Crown Point Road and Palm Drive/Crown Park Circle. He expressed it is not a requirement of the developer to install a traffic signal, but a requirement by the number of Certificates of Occupancy. He indicated the City is presently undergoing the process with a consultant to create a special overlay, because this property is located within the 429 Study Area. Along with the special overlay, he advised there is currently a moratorium on new building permits and applications for rezoning. He conveyed that if an applicant is willing to come forward and work with the moratorium guidelines, then the City will move forward with the process, which this applicant has done. City Planner Rumer continued to explain the access to and from the site, which will be via two (2) access points on Palm Drive and three (3) access points on East Crown Point Road. A left-turn lane is proposed on Palm Drive turning left onto East Crown Point Road and a right and left-turn lane is proposed on East Crown Point Road. The Preliminary/Final Site plan provides for a dedication of ten (10) feet of additional right-of- way on Palm Drive and East Crown Point Road. A future segment of the West Orange Trail Connector will run along Palm Drive. Buffers are being provided on East Crown Point Road of 25 feet and 35 feet along SR 429. Development Review Committee Recommendation: On January 4, 2017, the DRC met to determine if the proposed Preliminary/Final Site Plan was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the Preliminary/Final Site Plan for The Park at 429 PUD Project, subject to the resolution of outstanding comments before the City Commission meeting. Staff Recommendation: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission recommend approval of the Preliminary/Final Site Plan for the Park at 429 PUD subject to the resolution of outstanding staff comments. Discussion: 7:42 pm Member West advised the Board he will be abstaining from voting on this item. He informed the Board he has filled out and handed to the recording clerk Form 8B. (Form 88 is on file in the Clerk's Department.) Member Wunderlich clarified with City Planner Rumer that a total of six uses will not be permitted within this I-1 (light manufacturing and warehousing) such as automotive sales (new and used), boat sales and service, mobile home and travel trailer sales, monument sales, motor vehicle wholesale and lumber yard, and inquired if these permitted uses stay with the land or whether the uses can be changed with the next owner. City Planner Rumer answered that the permitted uses stay with the land. 5IPage Planning and Zoning Commission Meeting January 10,2017 Dave Schmitt, Schmitt Engineering, Applicant, indicated that City Planner Rumer explained everything very well, but in addition they will be doing a lot of roadway improvements to ease the traffic concerns. He expressed they applied for a right-of- way permit from the City of Winter Garden and Orange County. The public hearing was opened. 7:44 pm Jennifer Walker, 1832 Lindzlu Street, Winter Garden, expressed her concerns regarding the semi-truck entrance/exit off of East Crown Point, and asked if the proposed turn-in point for semi-trucks is still East Crown Point. City Planner Rumer explained that there are three access points on East Crown Point Road and referenced where the truck entrance/exit will be located, which is located on the north side off of East Crown Point. Jennifer Walker further questioned why the semi-trucks are coming in on a main road such as East Crown Point instead of Palm Drive. City Planner Rumer indicated the traffic in this area contains a lot of truck traffic, because of the industrial sites in the vicinity, and mentioned the traffic study suggests that truck traffic will not be coming from Fullers Cross Road, but rather will be coming from the south to the east, which explains why there is not a truck trip generation to quantify a left-turn lane. Member Marcotte also commented that he believes the volume of trucks will be minimal in that location compared to the main entrance. Dave Schmitt, Applicant, clarified the traffic study shows that no improvements are required; but after some concerns from the Planning & Zoning Commission and City Commission meetings, turn lanes and some widening have been added to both truck entrances. The public hearing was closed. 7:51 pm Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the The Park at 429 Planned Unit Development (PUD) (FKA East Crown Industrial PUD) Preliminary/Final Site Plan (PSP/FSP), Project No.: LS-2016-010, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Sills, Seconded by Member Dillard; motion passed unanimously 5-0 with Member West abstaining. V. MISCELLANEOUS 7:52 pm A. Project Status Report - City Planner Rumer advised the Board the next meeting set for February 14, 2017, has been rescheduled to January 31, 2017, in which the agenda will contain the Comprehensive Plan Evaluation and Appraisal Report (EAR). He further explained the comprehensive land law and the EAR process. 6jPage Planning and Zoning Commission Meeting January 10,2017 Member Dillard announced to the Board that his tenure on this board has been approximately six or seven years, and he feels it is his time to go and let another resident have an opportunity. B. January Calendar VI. ADJOURNMENT - 8:00 pm ATTEST: APPROVED: if 1 , Wei // ilk /fit K by Hea :, 'ecording lerk Rob McKey, Chairm. { 7IPage FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST�NM"E—FI ST NAME—MIDDLE NAME NAME OF B RD,COUNCIL,COMMISSION,AUTHORITY,OR pOMMITTEE t i° 51' ihi, M .. lf'/ W/d9' d -DL/,V MAILING ADDRESS THE BOARD,COUNCIL,COMMI ION,AUTHORITY OR COMMI ON 17 Dr j 0K //p�� WHICH I SERVE ISA UNIT OF: CITY d � COUNTY ITY ❑COUNTY ❑OTHER LOCALAGENCY - NAME OF POLI AL SUBDIVISION: DATE ON WHICH VOTE CCU RED Of-Ale- MY POSITION IS: /� ! ❑ ELECTIVE X APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. � �` DISCLOSURE, OF LOCAL OFFICER'S INTEREST , / I, 17/1/- Q�1 A�; fYL��� [/ve. , hereby disclose that on 41 / n ,20 /7 : (a) measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, • inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follow: A-e-U izAA-V-1 1441"1- /el ,--fprilt 3 lef i&Z9 ,"/in1%'? If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. I l9 01-01 /7 7/ AL Date Filed / / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.