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07-14-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JULY 14, 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, Senior Planner Howell, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: None CONSENT AGENDA Minutes of the Planning and Zoning Commission Special Meeting held on Wednesday, June 17, 2009. Member West. seconded bv Member McKey. moved to accept the Minutes of the June 17. 2009. Plannina and Zonina Commission meetina with the correction to show Member Conklina as excused. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS FIX Desian Group. LLC - Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan Senior Planner Howell gave a brief presentation on the subject property stating the property is 20.89 acres in size and the applicant is proposing the construction of a light industrial subdivision that will contain an addition to the existing FX building, seven (7) flex space units, and an office space. The site has three separate zoning designations, 1-1 (Light Industrial), 1-2 (General Industrial) and R-1AA (Single-family dwelling). Per a 2003 Development Agreement that pertains to this site, the R1AA portion of the site is reserved for a 50-foot wide Drainage and Conservation Easement. Senior Planner Howell stated the site was designed in accordance with the Conditions of Approval from the. aforementioned Development Agreement and he briefly listed the major requirements from the agreement. He further stated the applicant is committed to preserving as many trees as possible on the site. During construction, the staff Planning and Zoning Commission Meeting July 14, 2009 forester will closely monitor the site to determine if there are any trees that are proposed for removal on the plan that can be preserved. The applicant has requested one waiver to the Land Development Code, which will be presented separately to the City Commission. The applicant is requesting to waive the requirement for a 6-foot high brick wall with landscaping adjacent to the residential properties along the northern and western property line. He has justified the request by indicating the 50-foot Drainage and Conservation Easement will provide an adequate buffer between the two uses. Additionally, the LDC has provisions which cap noise levels at property lines, and if said caps are violated, such violation can result in Code Enforcement action against the violating prdperty owner. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on July 7, 2009, and reviewed the Preliminary/Final/Subdivision/Site Plan. Staff voted unanimously to rec.ommend approval of the Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC subject to the satisfaction of the outstanding fee being paid prior to the plans being presented to the City Commission for approval. STAFF RECOMMENDATION Based on the recommendation by the DRC, staff recommends that the Planning ana Zoning Commission recommend approval of the Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC and the waiver request to Section 6.14 (2) (c) (4) of the Land Development Code. DISCUSSION Vice Chair Golden inquired if the turn lanes were approved by a traffic study. Senior Planner Howell stated the turn lanes were required per the developer agreement and the traffic consultant did look over the length of the turn lanes and also agreed with it. Vice Chair Golden further inquired if the tree replacement calculation is in the plans or if that was something they just submitted to staff. Senior Planner Howell stated the tree replacement is 4: 1 and they have worked pretty vigorously on the tree preservation for this project. Vice Chair Golden commented on the conservation easement and stated that he felt it should be stated somewhere that no clearing or any activity is allowed in the easement. Senior Planner Howell stated it is understood that there will be no clearing in the conservation easement and they do have a definition of conservation in the LDC ana they have referred that definition to the applicant. Senior Planner Howell also stated that they will be closely monitoring the site during construction to make sure they stay out of that area. Further discussion ensued regarding the conservation easement and conditions attached to it. 2 Planning and Zoning Commission Meeting July 14, 2009 Member McKey stated he is concerned about the size of the vehicles that will be entering the site, time of arrival, and the frequency. Senior Planner Howell stated the drawings do show engineered truck sizes but the other questions he wOlJld have to refer to the applicant. Dan Hayes, Civil Engineer representing the owner, was present to answer any questions. Member McKey inquired about the truck size, frequency, and times of arrival. Mr. Hayes stated that in the plans there is a representation of the movements of the semi-trucks throughout the site. He further mentioned that the're was a traffic study done by TPD and reviewed by the City consultant. Mr. Hayes stated this will not be a high usage area and most of the units they are proposing to sell as flex space. Member Mckey stated his concern is that they will have large commercial vehicles were it is mostly residential and that would impact the road. Further decision ensued regarding the impact to the roads and the traffic study conducted by the consultants. Vice Chair Golden stated on the storm water pollution prevention plan it shows a silt fence to stop any soil from going off-site around three sites and inquired why it does not show a silt fence along the drainage easement. Mr. Hayes stated in that area it slopes south and they are comfortable enough to say that the soil will not wash into the drainage easement. He further stated it is typical for the Water Management District to look at these areas and they do not require that if the topo is sloping away that a silt fence be put there. Vice Chair Golden stated he felt they would take more precaution because of the drainage easement. Mr. Hayes stated he does not feel it would be a big deal if that was required as a condition. The Public Hearing was opened for Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC. Vice Chair Golden stated he appreciates that they are working with staff on saving some of the trees but he notices on the north side there were some trees protected and some marked for removal. Mr. Hayes stated they did try to save many trees but if it was right in or near where the curb or pavement is to go it would most likely not survive so they marked it for removal. Further discussion ensued regarding trees and trying to save the trees they could. Vice Chair Golden commented that sheet TR-01 did not have a legend and asked if it could be added to the plans. The Public Hearing was closed for Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC. 3 Planning and Zoning Commission Meeting July 14,2009 Vice Chair Golden stated he would like to add the additional condition of the silt fence to the motion. Vice Chair Golden. seconded bv Member West. moved to recommend approval of the Preliminarv/Final/Subdivision/Site Plan for FX Oesian GrouP. LLC; addina the condition that a silt fence demarcates the 50-foot Conservation Easement on the northern portion of the prooertv. Motion carried 8-1 with Member Mckey ooposina. CHANGES TO THE OCOEE LAND DEVELOPMENT CODE Principal Planner Rumer gave a brief presentation on the proposed changes to the Land Development Code which would specifically define or list transfer stations in the permitted use regulations. The following would be inserted into the LDC: (259.1) Transfer Station: shall mean a site, the primary propose of which is to transfer waste from one (1) vehicle to another immediately from transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpster, and other containers from which such wastes are transported to a landfill or other solid waste management facility. Storage of waste in vehicles on site shall be prohibited. This definition falls in line with that of Orange County as well as listing the transfer station in the Special Exception 1-2 (General Industrial) zoning. DISCUSSION Member Rhodus inquired as to why the LDC changes have to come before the Planning and Zoning Commission since it seems to be an administrative clerical issue. City Attorney Rosenthal stated that this is an act to prohibit transfer stations in all zoning districts and only permit them as a Special Exception in the 1- 2 district. He further stated with this amendment it will make it very clear that there will not be any ambiguity subject to interpretation or argument. Chairman Sills inquired if the city would be policing to make sure there is no onsite storage. City Attorney Rosenthal stated with the Special Exception it would come before this board for approval and recommendation and they could impose conditions of approval such as the one just mentioned. Vice Chair Golden stated he thinks that maybe their definition should refer to the state rules. City Attorney Rosenthal stated it is intentional that they do not specifically cite state rules because that would be a more narrowing definition, so if someone comes up with something that falls outside of the definition interpreted by the state our code may not be applicable. A brief discussion ensued regarding a particular transfer station that may/may not be permitted by the city. City Attorney Rosenthal stated that the issue they will be voting on tonight is strictly zoning. Member Campbell stated this is just the first step in the whole 4 Planning and Zoning Commission Meeting July 14, 2009 process and just by doing this they have latitude on where a transfer station can be placed. Development Services Shadrix stated that there is an ordinance circulating that the county has proposed that will provide, in absence of the city coming up with its own standards, a much higher level of regulation for these facilities. A brief discussion ensued regarding the definition and the containers listed. The Public Hearing was opened and as no one wished to speak, the Public Hearing was closed for Changes to the Ocoee Land Development Code. Member CamlJbell. seconded bv Member Rhodus. moved to recommend aDf)roval of the proDosed amendments to the Land Development Code. Motion carried unanimouslv. MISCELLANEOUS Development Service Director Shadrix stated they will be bringing before the bOGlrd the CRA overlay, as well as they are in process of getting the E.A.R. drafted. One of the things they spoke about in the E.A.R. workshop was going green and staff wanted to know how they felt about packets being in digital format. Member West stated that would be a great idea and inquired if they would do digital copy of the plans too. Development Service Director Shadrix stated they could do that and it would allow them to either print plans themselves or if they preferred a large set they could request them from the City. Member Morris inquired if this would come in as a file or if it would be a link to a file that is on a server. Development Service Director Shadrix stated it could be set up both ways or they could set up a link just for the Planning and Zoning Commission where they could download them from that site. A brief discussion ensued regarding the digital format of the packets and going green. It was decided for the board members to think about it and they could make a decision at a later time. ADJOURNMENT The meeting adjourned at 7:51 p.m. Attest: i~L- 1M Melanie Sibbit(,i~puty City Clerk APPROVED: ~~ 5