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.
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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
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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.
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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:
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