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08-11-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, AUGUST 11, 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, Members Campbell, Conkling, Dillard, Morris, and West. Also present were Assistant City Attorney Watson, Development Services Director Shadrix, Deputy Development Services Director/CRA Administrator Wagner, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair Golden, Members McKey, and Rhodus were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, July 14, 2009. Member CamlJbell. seconded bv Member Dillard. moved to acceot the Minutes of the Julv 14. 2009. Plannina and Zonina Commission meetina. Motion carried unanimouslv. Chairman Sills welcomed Assistant City Attorney Watson to the meeting. OLD BUSINESS - None NEW BUSINESS Casa Mirella - Preliminary/Final Subdivision Plan for Phases II. III. IV. and V & Preliminary /Final Site Plan for Phases II. III. and IV Principal Planner Rumer gave a brief presentation on the subject property stating that when they annexed this property it was already a PUD approved in Orange County. The subject property is located on the southwest corner of the intersection of Roberson Road and Maguire Road. Principal Planner Rumer briefly explained the prior approvals by Orange County, which consisted of 216 multi-family units, 85 ACLF units, and up to 42,960 sq. ft. of commercial. He briefly explained that one of the big issues when they were dealing with the PUD was the buffering from the neighbors to the rear. The applicant has made a commitment to provide 16ft-18ft high trees in the 25-ft buffer to help with the Planning and Zoning Commission Meeting August 11,2009 buffering. Principal Planner Rumer stated he feels that the applicant has achieved what they said they would with regards to providing a good buffer. He further gave a brief description of the multi-family units including the landscaping. Casa Mirella will be accessed via two access points that consist of a full access on Maguire Road, and a full access point along Roberson Road. Both access points will be gated. Principal Planner Rumer advised that there are a couple of comments by the attorney but they are mainly specific to labeling and nothing that will change the plans before them. He further stated there are also comments from the Engineering Department that deals with lighting; however, the applicant is asking to give a presentation on some alternative lighting for the apartment area that does not meet the City's Code. The applicant's alternative lighting would be a waiver to the City Commission. Principal Planner Rumer stated that Member McKey (who was not present) had sent over a couple of comments regarding providing a place for bicycle pedestrians, such as an 8-ft sidewalk, in the area. He further explained that there is already an existing 5-ft sidewalk out there and it was not a requirement during the PUD process for the applicant to include an 8-ft sidewalk. He further briefly explained the requirements that were listed in the PUD process such as planting of new trees. STAFF RECOMMENDATION Based on the recommendation by the DRC, staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final/Subdivision/Site Plan for Casa Mirella subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. DISCUSSION Chairman Sills read aloud an e-mail sent from Member McKey inquiring if the Adult Assisted Living project had been eliminated. Principal Planner Rumer stated it has been eliminated; however, the site is still designated as an 85 unit ACLF site. Member Campbell inquired if the developer gets a buyer for that site would they be required to come back before the Planning and Zoning Commission. Principal Planner Rumer stated they would, as well as, they would be required to go through the Preliminary Final Site Plan. Chairman Sills read another question from Member McKey inquiring as to how many of the units (Land Use Type 3) are at 850 sf. Principal Planner Rumer stated there are 216 apartment units and 48 of those units are 850 sf. 2 Planning and Zoning Commission Meeting August 11,2009 Paul Batt, Unicorp National Developments, gave a presentation on site lighting fixture comparisons. He provided exhibits and stated that Belmere and Windsor Landing both have the style lighting they are seeking, which are in the acorn family style type of fixture verses the shoebox style. After the presentation, Principal Planner Rumer stated that Belmere is in Orange County and has different requirements on lighting. Windsor Landing lighting, he believes, was approved before the lighting ordinance was in place. He further stated that staff is recommending that the board approve the lighting that was shown in the plans. Principal Planner Rumer stated that the code calls for a shoebox style flush mount which does come in nice styles. He stated there is really no public offset benefit on veering from what is required by code. Deputy Development Services Director/CRA Administrator Wagner stated he wrote the city's lighting code which has been in place for about seven years and is one of the most advanced lighting codes. Many cities including Orange County have adopted a lighting code similar to the City of Ocoee. He further explained that the reason that there are acorn light fixtures in Windsor Landing or any other single family residential subdivision development in Ocoee is because the lighting ordinance does not apply to them; however, it does apply to all multi-family and commercial developments. Deputy Development Services Director/CRA Administrator Wagner briefly explained the reasons for the lighting code that was written and stated that they do not have any multi-family or commercial developments that do not meet the current lighting code; it is one of our most consistent ordinance to date. The Public Hearing was opened for Casa Mirella. Doreen Giangrande, 923 Lascala Drive, stated she lives directly behind where the development is to take place. Ms. Giangrande stated she was one of the residents that came before the board before and was concerned about the lighting and the glare. Principal Planner Rumer explained the lighting locations and the spillage that would go onto the Belmere residents. He further stated the lighting plan satisfies code and per the photometric plan light spillage at the property line would not exceed code. Ms. Giangrande stated another concern she had was regarding the landscape buffer and if it was going to be a mature buffer or would they put trees in that would slowly grow off. Principal Planner Rumer stated there will be 16-18 ft. tall Southern Magnolias behind every lot along with 10-12 ft. Oak trees. He further stated they are not mature trees per say but the site triangle provided shows that with the trees, the view of the apartments would be blocked. Ms. Giangrande stated her last concern is that she is home during the day and was living in her home when the construction started at the CVS. She has had her house literally shake with the construction and has a big concern as to what should she do if that starts happening again. Chairman Sills stated that 3 Planning and Zoning Commission Meeting August 11,2009 unfortunately being in Florida with development that is a problem many residents run into and she may want to get with the Engineering Department to see if the shaking becomes excessive as to what can be done. Principal Planner Rumer stated a lot of the earth moving has already taken place and the engineer of record could inform her as to what other earth moving will be taking place. Sue Morton, 11101 Roberson Road, stated she has lived in her home for 41 years and has not received any notification on this development. She stated her neighbor who lives next door to her informed her of this meeting tonight. She further inquired about the development and whether it had changed much from the plans approved by Orange County before it was annexed into the City limits. Ms. Morton inquired about the 216 units, being proposed for this development and as to how many units are in the Key Isle apartments that are occupied. She further inquired if apartments are needed in this location. Principal Planner Rumer explained that whether the apartments are needed or not is not a prevue before the board tonight since that decision has already been made. He further briefly explained the process the development went through leading up to the annexation into the City limits. Development Services Director Shadrix pointed out that the standards by which the Ocoee project was approved is at a much higher level then what would have been approved at Orange County. Principal Planner Rumer stated that a notice was sent to all residents within 300 ft. of the boundary of the property and they used the Property Appraiser's website for that. He stated he will look into why Ms. Morton did not receive a notification letter. The Public Hearing was closed for Casa Mirella. Member Campbell stated while he personally likes the style of the lighting that was presented by the applicant, he feels he will have to defer to city staff and side with their logic as to why they should stick to what has already been approved. Other than that he thinks it is a fine project. Member West. seconded bv Member CamlJbell. moved to recommend aooroval of the Preliminarv/Final/Subdivision/Site Plan for Casa Mirella subiect to the satisfaction of the outstandina concems. Motion carried unanimouslv. 4 Planning and Zoning Commission Meeting August 11,2009 MISCELLANEOUS Development Services Director Shadrix announced that they are moving pretty rapidly on upcoming projects and have been meeting with many developers. In the very near future they should be presenting a really nice master plan. He gave a brief overview of the City Place and stated they are looking to be a lot more creative with upcoming developments. Development Services Director Shadrix stated they are working on the EAR. draft and anticipate they will be bringing that before the board soon. He has spoken with the City Manager about a possible joint meeting with the City Commission and this board to have an overview of the EAR. He further announced other projects within his department that are moving along and that they are excited about having in place. Deputy Development Services Director/CRA Administrator Wagner stated he also believes the board will be very excited about the new development coming into Ocoee. Member West stated he was under the impression that the EAR. was supposed to be submitted in August. Development Services Director Shadrix stated that they are a little behind schedule but they are working to try to resolve the Wekiva conflict with the Department of Community Affairs which has taken a precedent. He further briefly explained the setbacks that they are experiencing. Chairman Sills commented that staff is doing a great job. ADJOURNMENT The meeting adjourned at 7:48 p.m. Attest: /~~ jjp e anie Slbbltt, Deputy City Clerk APPROVED: 5