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.
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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.
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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
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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.
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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:
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