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02-10-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, FEBRUARY 10, 2009 CALL TO ORDER Chairman Sills 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: Chairman Sills, Vice Chair Golden, Members Campbell, Conkling, Dillard, McKey, Morris, Rhodus, and West. Also present were City Attorney Rosenthal, Development Services Director Shadrix, Planning Director Wagner, Senior Planner Howell, Principal Planner Fabre, and Deputy City Clerk Sibbitt. ABSENT: None. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, January 13, 2009. Member McKev. seconded bv Member Dillard. moved to accept the Minutes of the January 13. 2009. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS 529 OCOEE-APOPKA ROAD - Annexation & Rezonina Principal Planner Fabre gave a brief presentation on the subject property and stated the property consists of two (2) parcels fronting Ocoee-Apopka Road and both parcels are currently in Unincorporated Orange County. The northern parcel is improved with a nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is vacant and undeveloped. The applicant is requesting an initial City zoning classification of C-1 "Neighborhood Shopping" for the northern parcel which will allow for the requested use of professional offices. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION On January 28, 2009, the DRC met to determine if the proposed annexation and initial zoning was consistent with the City's regulation and policies. The DRC recommended approval of the 529 Ocoee-Apopka Road annexation and initial zoning as presented. Planning and Zoning Commission Regular Meeting February 10,2009 STAFF RECOMMENDATION Based on the above analysis and the subsequent DRC recommendation, staff recommends that the Planning & Zoning commission, acting as the Local Planning Agency, recommend approval of the Annexation of the ::1:1.84 acre parcel of land known as 529 Ocoee- Apopka Road with an Initial Zoning designation of "C-1" for the northern parcel. DISCUSSION Member McKey inquired if Principal Planner Fabre could elaborate on the "C-1" zoning. Principal Planner Fabre stated "C-1" is the least intense zoning district that is commercial and it is very limited to uses; he briefly explained the uses permitted. Member Campbell inquired if there is a reason why they chose "C-1" for just the northern parcel. Principal Planner Fabre stated that the applicant did petition the City to do "C-1" zoning for the southern parcel as well, however, that would require that they change the Future Land Use Map. To change the Future Land Use Map they would have to do a Small Scale Comprehensive Plan Amendment and since they are in the process of working on the E.A.R., which requires an evaluation appraisal report, once that is completed then they can bring the southern parcel back to the board for rezoning. Member West inquired if they are going to have to run sewer to the property. Principal Planner Fabre stated he believes the applicant has an agreement to connect to the sewer once it is available and is not planning to connect at the present moment. Member McKey inquired if they are planning on changing the Future Land Use Map to show commercial since it is currently showing low density residential. Principal Planner Fabre stated the Future Land Use Map does reflect commercial for the northern part and it is the Zoning Map that they will need to change to reflect the commercial zoning. A brief discussion ensued regarding the Zoning Map being updated to reflect the same as the Future Land Use Map. The Public Hearing was opened for 529 Ocoee-Apopka Road - Annexation and Initial Zoning. Galen Gritzer, applicant, briefly thanked everyone for their work in helping him get the property annexed in. The Public Hearing was closed for 529 Ocoee-Apopka Road - Annexation and Initial Zoning. Member Rhodus. seconded bv Member West. moved to recommend approval of the Annexation of the ::1:1.84 acre parcel of land known as 529 Ocoee-Apopka Road with an Initial Zonina desianation of "C-1" for the northern parcel. Motion carried unanimouslv. 2 Planning and Zoning Commission Regular Meeting February 10,2009 MARSHALL FARMS BUSINESS CENTER - Preliminary Site Plan Principal Planner Fabre gave a brief presentation on the subject property and stated the property is located approximately 400 feet south of W. Colonial Drive (SR-50) intersection on the west side of Marshall Farms Road. The Future Land Use designation for the site is Commercial and the property is currently zoned General Commercial (C-3), which permits development and construction of the proposed use. The Marshall Farms Business Center Site Plan is proposed to be developed in two phases. Phase I will consist of the officelwarehouse building and Phase II will consist of a strip retail commercial building. On the western portion of the site, there are wetlands and associated 100-year flood zones; however, the applicant has stayed off the wetlands and has provided a 25-ft upland buffer in that area. Only one waiver is being requested by the developer/applicant from the Land Development Code. The applicant has proposed a 15-foot landscape buffer instead of the required 25-foot landscape buffer along Marshall Farms Road. As justification of the waiver request, the applicant has agreed to dedicate 10-feet of right-of-way along Marshall Farms Road. As well, there are some off-site improvements that are mentioned in the Traffic Impact Analysis that the applicant has agreed to work out with FDOT. Off-site improvements would be directional median openings on State Road 50; this will be incorporated into the Final Site Plan. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on January 28, 2009, and reviewed the Preliminary Site Plan for Marshall Farms Business Center. When discussion was finished, the DRC voted unanimously to recommend approval of the Preliminary Site Plan, as date stamped received by the City on January 12, 2009. STAFF RECOMMENDATION Based on the recommendation of the DRC, staff recommends that the Planning & Zoning Commission, recommend approval of the Preliminary Site Plan for Marshall Farms Business Center, as date stamped received by the City on January 12, 2009, subject to providing a Title Report as specified on the City Attorney's memorandum dated February 2, 2009, before the City Commission meeting. 3 Planning and Zoning Commission Regular Meeting February 10,2009 DISCUSSION Member West commented that the intersection of Marshall Farms Road and State Road 50 is a horrible place for a traffic light and really hopes they can have something worked out to slow the traffic down. The Public Hearing was opened for Marshall Farms Business Center - Preliminary Site Plan. Mark Holder, Engineer for the project, was available for questions. Vice Chair Golden stated it looked like on the west side that it was one big stormwater pond and inquired if it slopes down. He stated there are a number of trees that will buffer the site and inquired if the slope is why they are removing those trees. He further stated they did a pretty good job of saving some of the trees and would like to encourage them to do that for the final site plan. Member Campbell inquired about the spacing on the back side of the warehouse and if they were expecting 18-wheelers to go back there. Mark Holder stated that they are not intending to have semi-trucks back into that area; it is for circular traffic in/out only. The Public Hearing was closed for Marshall Farms Business Center - Preliminary Site Plan. Member McKey briefly commented that he would hate to see so many trees be removed and would like to encourage the developers to try to create a retention pond while still maintaining the trees. He agrees with Member West that a traffic light at the intersection will be a total disaster and feels that they should try to connect to the commercial boulevard next to the subject property. Vice Chair Golden. seconded bv Member CamDbell. moved to recommend approval of the Preliminarv Site Plan for Marshall Farms Business Center. as date stamped received bv the Citv on Januarv 12. 2009. subiect to providina a Title Report as specified on the Citv Attomev's memorandum dated Februarv 2. 2009. before the Citv Commission meetina. Motion carried unanimouslv. WEST COLONIAL PARCEL (WALIA) - Preliminary Subdivision Plan (Continued) Senior Planner Howell stated at the last meeting the board recommended to staff to get with the applicant and have the plans revised. Based on subsequent meetings with the applicant several changes have been made with the plans and waiver table. The owner has withdrawn the proposal of the two hotels and 4 Planning and Zoning Commission Regular Meeting February 10, 2009 restaurant in addition to the height and architectural waiver requests, and has submitted a PSP that details the construction of infrastructure for a three lot commercial subdivision. Based on those changes any permitted uses in the Associated Annexation and Development Agreement can be developed in the subdivision. The applicant has two remaining waiver requests regarding wetland impacts and wetland buffers from the requirement of the Land Development Code. The applicant has justified both waiver requests by stating impacts to the wetlands are justified to ensure project feasibility. Due to the nature of the site and the configuration of wetlands, wetland impacts are necessary to provide for adequate development on the site. All impacts to the wetland will be properly mitigated and adequate upland buffers will be provided to minimize future secondary impacts. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary Subdivision Plan for the West Colonial Parcel, including the two associated waiver requests. DISCUSSION Member McKey inquired about the three waivers that were withdrawn. Senior Planner Howell stated the two waivers on consistent and cohesive architectural theme and the waiver to the maximum allowable height were withdrawn. Vice Chair Golden inquired as to what the allowable height is for "C-3" zoning. Senior Planner Howell stated it would be 45-feet and the applicant is accepting that. He further reminded the board that they can develop any use as detailed in the Annexation and Development Agreement. Member West inquired about who owned the small parcel to the east. Senior Planner Howell stated the State of Florida Turnpike Authority owns that parcel and it is not likely to be developed. The Public Hearing was opened for West Colonial Parcel (WALIA) - Preliminary Subdivision Plan. Sam Boyer, Civil Engineer for the project, stated they met with staff a couple of weeks ago and the owner has revised the plans accordingly to the concerns that were expressed at the last meeting. Vice Chair Golden stated he would like to say that this was turned around pretty quickly and inquired if they agreed to the consistent and architectural theme. Mr. Boyer stated they will work with that requirement. The Public Hearing was closed for West Colonial Parcel (WALIA) - Preliminary Subdivision Plan. 5 Planning and Zoning Commission Regular Meeting February 10,2009 Member West. seconded bv Member CamDbell. moved to recommend approval of the Preliminarv Subdivision Plan for the West Colonial Parcel. Proiect #LS-07- 021. Motion carried unanimouslv. MISCELLANEOUS Vice Chair Golden inquired about Ocoee Town Shops and if the board would see the site plan for that project. Development Services Director Shadrix stated it would come before them as a PUD Development. He further stated that project is under review and they will be having a meeting next week to go over comments. Development Services Director Shadrix stated they really need to concentrate on the gateway into the City and they have very specific thoughts about gateways. He briefly explained to the board part of the comprehensive planning efforts that they will be undertaking when the E.A.R. is completed, Urban Design Overlay, and visions for a transportation network. ADJOURNMENT The meeting adjourned at 7:56 p.m. APPROVED: 6