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.
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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.
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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.
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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
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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.
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Planning and Zoning Commission Regular Meeting
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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.
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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
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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.
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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:
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