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01-13-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JANUARY 13, 2009 CALL TO ORDER Chairman Sills 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 Sills, Vice Chair Golden, Members Campbell, Conkling, Dillard, McKey, Morris, and Rhodus. Also present were City Attorney Rosenthal, Development Services Director Shadrix, Planning Director Wagner, Senior Planner Howell, and Deputy City Clerk Sibbitt. ABSENT: Member West was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 11,2008. Member McKev, seconded bv Member CamlJbell, moved to accept the Minutes of the November 11. 2008. PlanninG and ZoninG Commission meetinG. Motion carried unanimous/v. Chairman Sills announced that City Attorney Rosenthal will temporarily be attending the Planning and Zoning meetings due to Attorney Palmer leaving the firm. OLD BUSINESS - None NEW BUSINESS WEST COLONIAL PARCEL (WALIA) - Annexation and Rezonina Senior Planner Howell gave a brief presentation and stated the subject property is located south of SR 50 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a three lot commercial subdivision on the subject property. The development will contain two hotels and one restaurant. Annexation of the subject property will eliminate an existing enclave that the subject parcel created. The developer will be required to enter into a development agreement with the City which places conditions on the development of the property. Senior Planner Howell announced the prohibited and permitting uses Planning and Zoning Commission Regular Meeting January 13, 2009 with the annexation agreement. He further stated the applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial). The rezoning is consistent with the CRA (Community Redevelopment Area) Plan, the State Road 50 Activity Center Plan, and is best suited for commercial development that is detailed within the plan that was submitted. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Annexation and Rezoning to C-3 (General Commercial) of the Walia property subject to the execution of the Annexation and Developers Agreement. DISCUSSION The Public Hearing was opened for West Colonial Parcel (Walia) - Annexation. As no one wished to speak the Public Hearing was closed for West Colonial Parcel (Walia) - Annexation. Member CamlJbell, seconded bv Member McKey, moved to recommend approval of the Annexation of the Walia proIJertv subiect to the execution of the Annexation and Developers Aqreement. Motion carried unanimouslv. The Public Hearing was opened for West Colonial Parcel (Walia) - Rezoning. As no one wished to speak the Public Hearing was closed for West Colonial Parcel (Walia) - Rezoning. Member CamlJbell, seconded bv Member McKey, moved to recommend approval of the Rezoninq to C-3 (General Commercial) of the Walia proIJertv subiect to the execution of the Annexation and Developers Aqreement. Motion carried unanimouslv. WEST COLONIAL PARCEL (WALIA) - Preliminary Subdivision Plan Senior Planner Howell gave a brief presentation on the Preliminary Subdivision Plan, which proposes the construction of infrastructure of a three lot commercial subdivision. Access to the subdivision will be via Westrun road, which is located in the West 50 Commercial Subdivision adjacent to the west of the subject property. No access will be permitted into the subdivision directly from SR 50. The developer has proposed shared parking between the uses. The subdivision plan details the construction of a master retention/detention pond that will serve all three lots in the development. The pond will be contained within a 1.16 acre tract. The plan proposes the preservation of and creation of new wetlands on site in accordance with the requirements of the Comprehensive Plan. 2 Planning and Zoning Commission Regular Meeting January 13, 2009 The applicant has requested five (5) waivers in addition to the approval of the PSP. The applicant has justified all five (5) waiver requests by stating the project will provide increased tax base, right-of-way for the portion of Westrun road that will be constructed on the property, job creation, and clearing of the unpleasant homes that currently exist on the subject property in order to further advance the City's Economic Development goals. The first waiver request is to allow a maximum building height of 75-feet. The LDC currently permits a maximum height of 45-feet for all buildings in the C-3 zoning district. The second waiver is to allow all buildings and principal structures to be designed consistent with individual end users commonly and nationally recognized architectural designs. The LDC currently requires a master architectural theme for commercial subdivisions in the City and requires buildings and principal structures to have a cohesive and consistent style. The third waiver impacts wetlands. The LDC currently does not permit impacts to any wetland areas unless the City Commission finds, on the basis of reasonable evidence, that there are no practical alternatives. The Conservation Element of the Comprehensive Plan permits a 2: 1 replacement of area for disturbed wetland areas if it is deemed necessary. The applicant is proposing a replacement ratio of 2:1 which is in accordance with this provision of the Comprehensive Plan. The fourth waiver is to permit a wetland buffer with an average width of 25-feet and a minimum of 15-feet. The LDC currently requires a 75-foot upland buffer from a wetland except where the City Commission finds it is impractical to maintain that width. The Comprehensive Plan permits a minimum of the 25-foot upland buffer from a wetland of 100-year floodplain; but has not allowed the deviation from the 25-foot upland buffer since it is required per the Comprehensive Plan. The fifth waiver is to provide elevations of each proposed building as each lot develops. The applicant is required to provide conceptual elevations to demonstrate the architecture of the subdivision will have a consistent and cohesive theme. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary Subdivision Plan for the West Colonial Parcel. 3 Planning and Zoning Commission Regular Meeting January 13,2009 DISCUSSION Vice Chair Golden stated he was not impressed with the justification for their waivers and does not feel that they are giving the City anything. He further stated he noticed that there was no elevation plans provided for the buildings that they are asking for an increase on the height. Senior Planner Howell stated they did not receive any elevation plans, which was requested from the engineer from the beginning of the review process. They now have a new engineer and they have also indicated that since the West 50 project did not need to provide elevation plans they did not feel that they should have to either. Vice Chair Golden stated the 25-foot buffer is really bothering him because they have never given that waiver before and does not understand why staff would recommend approval of that waiver. Senior Planner Howell stated they recommend approval of the plans but the waiver requests they feel the Planning Commission and City Commission should decide what should be done. Vice Chair Golden further inquired about the restaurants listed and the wetlands. Senior Planner Howell stated that the comprehensive plan does not allow for any development on wetlands; however, if it is deemed necessary to disrupt wetlands then it can be replaced at a 2: 1 ratio. Member Conkling inquired if the City would be capable of handling fire protection on a 75-foot high building. Senior Planner Howell said that question would have to be directed to the Fire Chief and, unfortunately, he is not present tonight. Member Conkling further stated he opposes having the end user setting the theme for a development when some of our newer developments are tailoring to the theme of the neighborhood which they service. Member McKey inquired as to what they would benefit from allowing a normal 45- foot to a maximum 75-foot height. Senior Planner Howell stated as indicated by the applicant it would allow an increased tax base, additional right-of-way, additional jobs, and clearing of the unpleasant homes that are currently on the property. He further reminded the board members that there are four criteria's for the City Commission to issue waivers and they are outlined in the staff report. City Attorney Rosenthal added that from a staff level and particularly within the CRA it is being encouraged for intense and dense development and tall as opposed to short. Member Mckey inquired about the impact fees for Fire. Senior Planner Howell stated it would be accessed accordingly. Planning Director Wagner stated the Fire Department has a representative on the Development Review Committee to review these developments and they do have ladder trucks. He further added on this particular issue the City has been trying to encourage more vertical buildings, which is the trend. 4 Planning and Zoning Commission Regular Meeting January 13, 2009 Member Rhodus inquired that if the City is encouraging vertical buildings if the Land Development Code should reflect that. Planning Director Wagner stated that the City is in the process of hiring some Planning Consultants who are going to develop an updated Land Development Code and an Overlay Zone for the commercial corridor. Member McKey stated he is not sure why they are trying to deviate from the mass architectural theme. Senior Planner Howell stated that it was set by the City Commission that the first developer in the West 50 project would set the architectural theme in that subdivision, which is why this developer is asking for the same waiver. Planning Director Wagner added that there were some conditions also placed on the adjoining development, which gave staff the ability to work with the developer and help try to incorporate elements that gave some continuity to the project. He further stated he would suggest that the board recommend approval of this development with the same language that was ultimately approved by the City Commission for the West 50 project. A brief discussion ensued regarding the 2: 1 ratio in the wetlands. Member McKey lastly inquired if the joint parking between the two hotels and restaurant would be sufficient space. Senior Planner Howell stated they have about 10 more parking spaces then what the Land Development Code stipulates. A brief discussion ensued regarding the parking spaces and possibly providing spaces for recreational vehicles. The Public Hearing was opened for West Colonial Parcel (Walia) - Preliminary Subdivision Plan. Sam Bowyer, Civil Engineer, stated regarding the conservation and wetlands on site, they did an evaluation and they were determined to be fairly low quality wetlands. He further stated the fourth waiver which requested the 15-foot buffer is the same situation where the wetlands were along the eastern and southern boundary of the site; in order to accommodate required parking they had to go beyond the 25-foot buffer down to 15-feet. Mr. Bowyer further explained the reasons for the buffer waivers that they requested and discussion ensued regarding the parking situation. Vice Chair Golden inquired if there were any elevations they could show them tonight. Mr. Bowyer stated he does not have any tenants right now and does not have any elevations to provide. Vice Chair Golden inquired if he would have a problem with the condition that if they do get a tenant, the rest of the development would have to follow that architectural style. Mr. Bowyer stated he does not have a problem with that condition. Vice Chair Golden again inquired explanation on the wetland buffers and how it would affect the parking. Mr. Bowyer briefly 5 Planning and Zoning Commission Regular Meeting January 13, 2009 explained this waiver again. Member Rhodus inquired how many total parking spaces would be available. Mr. Bowyer stated that there would be a total of 264 parking spaces. Vice Chair Golden, referring back to the buffer, inquired if an evaluation was done and if it was stated how many parking spaces they would lose. Mr. Bowyer stated they did not and the configuration of the wetlands is not based on a straight line. Member McKey inquired if this buffer would require St. John's approval and if they submitted for one. Mr. Bowyer stated it will require approval from St. John's and they have not submitted anything as of yet. Member Campbell stated he does not understand the math for the number of rooms versus height of the building. With 90 rooms a 6-story building would allow for 15 rooms per floor and would make for a really strange looking hotel. He further addressed his concern on how they came up with ten employees for two hotels. Mr. Bowyer stated they do not have a final plan of the building so he is not at liberty to discuss the footprint of the building. He is not sure where they came up with the number of employees but when they do come back for site plan approval they will have a real footprint for everything, which will allow for them to evaluate the specifics of the site in requirements of parking and elevation. Member Morris inquired if the West 50 Project received a 75-foot waiver. Senior Planner Howell stated they did not ask for a height waiver but the Hampton Inn did get a waiver for a maximum height of 52 % feet. The Public Hearing was closed for West Colonial Parcel (Walia) - Preliminary Subdivision Plan. Vice Chair Golden stated he feels they will need to massage this quite a bit before making a motion or just send it back to staff for some more supportive waivers. He further stated he would be in favor of a 55-foot waiver versus a 75- foot waiver and he would also recommend an architectural theme for this corridor. Member McKey stated he feels they should stick with what was applicable to the Hampton Inn. City Attorney Rosenthal informed the board that they could grant the waivers now and when it comes before them again then they can look at the project with the waiver approvals in place. Member McKey, seconded bv Vice Chair Golden, moved to recommend approval of the West Colonial Parcel (Walia) - Preliminarv Subdivision Plan with the followina conditions set: 1) the first waiver would allow a maximum buildinq heiGht of 55-feet. 2) the mass architectural theme be consistent with the West 50 subdivision. 3) approval of waiver #3 as presented bv staff. 4) approval of waiver #4 with the understandinq that thev will need all other applicable aovernmental approvals. and 5) have staff readdress the parkinG facilitv at FSP. 6 Planning and Zoning Commission Regular Meeting January 13,2009 Member Conkling stated he does not feel comfortable approving it as it stands. Member Campbell also stated he is not in support of the project as it is being presented. Member Rhodus inquired as to how many floors they could have if the height is limited to 55-feet. It was answered that it would be about 4 floors. She further inquired how many rooms would that limit them to having. Senior Planner Howell stated they could put a lot of rooms in a smaller story hotel since the Hampton Inn had 101 rooms with 4 floors. After a brief discussion motion failed 4-4. With Members Campbell, ConklinG, Morris. and Rhodus opposinG. Mr. Bowyer addressed the board again and stated he agrees that this plan is not a final plan but this is a representative of what a C-3 zoning allows. He stated a total different site plan will be presented to the board and they are not asking for a final site plan approval right now. Mr. Bowyer stated the hotel was an idea that the owner has for the site but he is not ready to build a hotel tomorrow with this economy. The intention of the owner is to progress this property forward and have it zoned compatible with the area and what works with the area. He further stated he feels the plan they presented is good and solid and does address many of the elements of the Land Development Code. As for the waivers, they can agree on the 55-foot waiver and the architectural elevations as well. City Attorney Rosenthal informed the board that since they recommended approval of the annexation then they could continue the public hearing of the PSP to the next meeting so staff can try and refine a clearer motion. Member CamlJbell, seconded bv Member Conklina, moved to continue the public hearinq of the West Colonial Parcel (Walia) - Preliminarv Subdivision Plan to the Februarv 10, 2009. meetinG. Allen Aksell commented that this has been going on for a long time and it is a tough site. He stated they are looking for flexibility right now and the 75-foot maximum was presented because there are new products coming on the market for hotels. He further stated they are fine with 4 stories if limiting them helps; they can always come back later if a tenant asks for 6 stories. He stated they are lower then Hwy 50 so they have to go lower and come in tighter to try to fit a buildable site. As for a theme, the restaurant will set the tone. After a brief discussion motion carried unanimouslv. 7 Planning and Zoning Commission Regular Meeting January 13,2009 ARDEN PARK NORTH - Preliminary Subdivision Plan Senior Planner Howell gave a brief presentation on the Preliminary Subdivision Plan and stated that the subject property is located on the north side of Clarcona- Ocoee Road, west of Hobson Road, and east of Ingram Road. As was indicated during the presentation of the PUD Land Use Plan, there are many areas on the property where tree protection and preservation of trees that are 24-inches and above will be required. In order to expedite the review of the PSP, it was agreed that tree protection and preservation will be addressed in detail during the review of the FSP for each respective phase. Each of the lots will be graded on an individual basis to allow for increased tree protection on the site. The developer has agreed to construct a portion of the proposed Clarke Road extension along the eastern portion of the property. Varying widths of the road's right-of-way will be dedicated. Approximately 15 acres in the northern site are reserved for an elementary school. The elementary school site will be accessed from the Clarke road extension at a secondary entry point. The remaining portions of the development will be accessed from 2 points, one on Clarcona-Ocoee Road, and one on Ingram Road. Orange County has indicated that Clarcona-Ocoee Road will be widened into a 4-lane segment throughout this area sometime in the future. Senior Planner Howell further described the amenities that will be provided within the development and maintained by the HOA. STAFF RECOMENDA TION Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary Subdivision Plan for Arden Park North. DISCUSSION Member McKey inquired if the trail around the lake would be a private amenity or public amenity and if it is a gated community. Senior Planner Howell stated it is not a gated community and the use of the amenities would be up to the HOA. Member McKey further inquired as to when the amenities would be completed. City Attorney Rosenthal stated if they recall there are also amenities in Arden Park South and the PUD had some phasing criteria in terms of when the recreational amenities would be completed based on the number of units. Member McKey inquired about the extension to Clarke Road and if this would complete the missing portion. City Attorney Rosenthal stated it would take it up just a short section. Vice Chair Golden inquired if a traffic study was done. Senior Planner Howell stated it was done with the PUD. Vice Chair Golden stated everything in the plans are detailed except the tree preservation plan and 8 Planning and Zoning Commission Regular Meeting January 13,2009 he was wondering if it was explained to the City why it was done that way. Senior Planner Howell stated it was agreed by staff and the applicant that because of some concerns with the site they could concentrate better on tree preservation at FSP. Vice Chair Golden stated he does not agree since the plans are very detailed and do not look conceptual to him. He briefly expressed his concerns with not having the tree preservation plans. The Public Hearing was opened for Arden Park North - Preliminary Subdivision Plan. Rebecca Furman stated this project has been around for quite a while and they did have extensive negotiations. She briefly added that their PSP requests no waivers from their approved PUD and, with respect to the tree preservation; they have been really sensitive to preserve the tree canopies because they believe that is what will help sell this project. Vice Chair Golden inquired as to why the plans are shown with specific elevation and some grading but they still choose not to show any grading on the lots until it is approved by their arborist. Jamie Poulos stated that there is some grading shown but it is not the final engineering grading. Vice Chair Golden inquired if they have time to put provisions on the limited grading areas before it is presented to City Commission. City Attorney Rosenthal stated they can put the provisions in their motion. Further discussion ensued regarding the tree preservation and grading of the site. City Attorney Rosenthal informed the board that most of the issues being discussed tonight are addressed in the PUD. Member McKey stated he would like to encourage that they try to save the trees where they can. He further inquired from staff, if they approve this, does the City arborist have jurisdiction to go in and stop them from grading a lot until a final tree selection is made. Planning Director Wagner stated that there are some areas in this site where it will be clear cut because of planted pines; however, he feels that if they are diligent, as they were on the south side, and work with the city they can preserve the grades in those areas. He further stated he agrees with City Attorney Rosenthal that they have many criteria's with the PUD and does not feel that any other conditions are necessary. Ms. Furman had the Development Agreement on hand with her and read the criteria's for the grading as stated in the agreement. The Public Hearing was closed for Arden Park North - Preliminary Subdivision Plan. 9 Planning and Zoning Commission Regular Meeting January 13, 2009 Member McKey, seconded bv Chairman Sills, moved to recommend approval of the Preliminarv Subdivision Plan for Arden Park North with the understandinG that the GradinG plans shown are conceptual at this point. Motion carried unanimouslv. MISCELLANEOUS Development Services Director Shadrix stated they are still working on the E.A.R. Parallel to this they have requested from the CRA some funding to create an overlay in the CRA, which comprises primarily of the SR50 corridor. He stated some of the issues they have discussed tonight such as height will be addressed in an urban design overlay and will be brought before the board since it will be amending the code. He briefly explained building height is generally accepted to be appropriate in the most urban places and further explained the overlay design benefits. Planning Director Wagner stated that our housing market is holding up moderately well and so is our commercial development. Staff is working on the comprehensive planning issues and working on updating the Land Development Code. Development Services Director Shadrix briefly added that Mr. Wagner has prepared a really nice guidebook on the codes we are enforcing. This will help with the confusion of some of the codes that contradict one another. ADJOURNMENT The meeting adjourned at 8:59 p.m. ~~ei jJijf Melanie Sibbitt, Deputy City Clerk APPROVED: 10