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P & Z - 08/13/2002 THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY AUGUST 13, 2002 CALL TO ORDER Vice Chairman Golden called the meeting to order at 7:06 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Vice Chairman Golden, Members Keller, Landefeld, McKey, Miller (arrived 7:13 p.m.), Riffe and West. Also present were Planning Director Wagner, Principal Planner Lewis, Principal Transportation Planner Foltz, Senior Planner Grimms, Senior Planner Willman, Fire Chief Strosnider, Assistant Chief Firstner, Chief Assistant City Attorney Cookson and Deputy City Clerk Green. ABSENT: Chairman Bond and Member Rhodus. CONSENT AGENDA The consent agenda consisted of approval of Item A: loire A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, June 11, 2002. Member Keller seconded by Member Landefeld, moved to an .rove the Minutes of the un 11 2002 Plannin and Zonin. ommission m-etin.. Motion carried 6 -0. (Member Miller had not yet arrived.) INTRODUCTION OF NEW SENIOR PLANNER Planning Director Wagner introduced Ms. Jennifer Willman, the new Senior Planner, who came to the City from the Orange County Planning Department. He said her duties would primarily include land development review, and that she would also be involved in the GIS program. NEW BUSINESS CITRUS MEDICAL AND EXECUTIVE PARK PUBLIC HEARING SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (CASE No. SS- CPA -1 -002) (ACTING AS LOCAL PLANNING AGENCY)) REZONING (CASE No. LS -99 -014) PUD LAND USE PLAN PRELIMINARY AND FINAL SUBDIVISION PLAN (CASE No. LS -99 -014) loow Planning and Zoning Commission Regular Meeting 'o► August 13, 2002 Senior Planner Grimms presented the staff reports for the three items pertaining to the project. The subject property is a 5.81 acre site located on the south side of Old Winter Garden Road (SR 526) across from the Health Central Hospital, between Blackwood Avenue and Matador Drive. Small Scale Comprehensive Plan Amendment The property is proposed to be developed as an office park complex; if the small scale comprehensive plan amendment (SSCPA) is approved. The subject property is currently designated Low Density Residential on the City's Future Land Use Map (FLUM). The applicant has requested a SSCPA to change the FLUM designation from "Low Density Residential" to "Professional Offices & Services ". The proposed change will make the adopted FLUM consistent with the Ocoee - Orange County Joint Planning Area Agreement as amended November 2, 1999, as well as with the City's Comprehensive Plan and the surrounding land uses and zoning classifications. Member Miller arrived. Mr. Grimms said professional offices are a low intensity land use. The adjacent residential areas on the east, south and west will be buffered by subdivision improvements including a six -foot high masonry wall, a 50 foot setback from the property 141" '" line to the rear edge of the office buildings, and screening of roof - mounted equipment. Mr. Grimms concluded this segment with the Planning Department's recommendation that Planning and Zoning Commission, acting as the LPA, recommend approval of the proposed SSCPA for Citrus Medical and Executive Park. The public hearing was opened. Although no one was present representing the applicant, Mr. Wagner respectfully requested that the board move ahead with the project. He said there had been a two -year delay on the project due to issues with the water /sewer service area, and that had been ultimately changed from Orange County to Ocoee. Assistant City Attorney Cookson recommended presenting all three staff reports, discussing all three items together, and then having three separate actions. Members concurred. Rezoning from A -1 "General Agricultural District" to PUD "Planned Unit Development" Senior Planner Grimms presented the staff report explaining that PUD is consistent with the "Professional Offices and Services" FLUM designation that has been requested. 2 Planning and Zoning Commission Regular Meeting fir. August 13, 2002 The use of the PUD zoning designation will provide flexibility and control in design of the site by setting specific conditions and restrictions, whereby potential nuisances can be kept to a minimum regarding site design features and uses. He said Staff has determined that, subject to the SSCPA becoming effective, the proposed PUD zoning classification is consistent with the JPA Agreement, the City's Comprehensive Plan, the Land Development Code, and the surrounding land uses and zoning designations. Based on a unanimous recommendation for approval by the DRC in its meeting on July 29, 2002, the Planning Department recommends that Planning and Zoning Commission find the rezoning request to be consistent with: the Comprehensive Plan; the Future Land Use Map; the Land Development Code; the Ocoee - Orange County Joint Planning Area Agreement; and the surrounding land uses and zoning classifications; and further, that the Planning and Zoning Commission recommend approval of the proposed rezoning of the subject property from A -1 "General Agricultural District" to PUD "Planned Unit Development ", subject to the PUD Land Use Plan. Preliminary and Final Subdivision Plans Senior Planner Grimms presented the staff report explaining before the subdivision could be approved it required a Utility Services Agreement with Orange County and a small scale comprehensive plan amendment. The Utility Services Agreement was approved on September 11, 2001, with the City providing sewer and water service. The plans indicate there will be three lots with a total of five buildings along with a retention pond and a 420 -foot cul -de -sac private road. Staff finds that the preliminary and final subdivision plans conform to the City's land development regulations. Based upon the unanimous recommendation for approval by the DRC in its meeting on July 29, 2002, Staff recommends that Planning and Zoning Commission recommend approval of the Preliminary and the Final Subdivision Plans of the subject property as date stamped received March 25, 2002. Jerry Armstrong, 3462 Old Winter Garden Road, whose property adjoins the west side of the subject property, spoke about his concerns and that of his neighbors. He stressed their main concern about the traffic impact of the five additional buildings on Old Winter Garden Road in addition to the road project expanding the road to four lanes with a median. He said he could not make a left turn from his driveway now, and they are wondering how they are going to get in and out of their property safely. Mr. Wagner assured Mr. Armstrong they are well aware of the dramatic changes that are occurring in the area. He explained the road expansion is a joint City- County project and 3 Planning and Zoning Commission Regular Meeting August 13, 2002 would have occurred with or without this project. He explained the County's design standards for roads such as this require the raised median separator within the proximity of an intersection. He said over time a traffic signal will be installed at Blackwood and Old Winter Garden Road and that may be of some help to the neighbors. He said, with the opening of Wal -Mart, a temporary traffic signal might be needed there because the road would not be completed for at least two years. Mr. Armstrong asked when the zoning had changed. Mr. Wagner said the City and County had agreed several years ago that Professional Services was an appropriate use for this site. Low Density Residential was no longer viable in this area because of the proximity of major roads and PS was the lowest impact type of alternate use. He said these kinds of office uses generally do not create that much traffic. Mr. Wagner said the City has 90% design plans for the Old Winter Garden Road project and those who would like to could come in to see specific affects to their driveway. Member McKey had several questions or comments and they are noted below with Staff's responses: Will there be temporary turn lanes? There will be a period during the road construction when there are no turning lanes leading into this site. The City Engineer recommended that this developer contribute the cost for those improvements toward the City's cost of the roadway widening. Will they have a Property Owners' Association? They will be required to have a Commercial POA because of the private street, retention pond and landscaping. Suggested requiring replanting of trees when the buildings are in place as a Condition due to his concern about the ratio of the number of trees going out (560 inches) compared to the number to be put back in (less than 100 inches). The LDC does not require replacement of trees that are under the location of the roads or buildings. Trees will be addressed when each of these lots comes back in to staff for a Small Scale Site Plan Review. For Commercial, the tree requirement is based on building perimeter and lot perimeter. Member Riffe stated her concerns about the retention pond and the PUD zoning. She said the pond fronting on Old Winter Garden Road should be moved. If not, it should be hidden from view with a wall with some transparency. As to the PUD zoning, she said PUD zoning should include superior design and she saw no evidence of that. Mr. Wagner said in a number of cases the City agreed to PUD zoning to have more control as 4 Planning and Zoning Commission Regular Meeting .► August 13, 2002 it relates to uses and setbacks. He said on a small site such as this it is difficult to do much in the way of innovation other than to follow the City's standard LDC. Member Riffe said she was adamantly against the wall along Old Winter Garden Road. She said along retention areas along right of ways, the walls need to have some transparency. She said unless retention ponds have amenities such as aquatic plants and fountains they should be hidden from view. She thinks they should move their retention pond. She said PUD's should have something special and she saw nothing special on this site plan. She said her biggest issues are the retention pond and the wall along Old Winter Garden Road. She said she is all for the walls around the property because they are surrounded by residential. She thinks they need to take another shot at it. Member Keller said he thought they could save additional trees by a slight change to the parking island. Mr. Wagner said the layout of the buildings is largely schematic. Each one will come in for Small Scale Site Plan review and staff can look at further saving of trees when they see that plan. Member Keller also expressed concern about traffic. He said he thought there would be tremendous problems entering and exiting the site, not to mention all the neighbors around it. He asked if that has been taken into consideration when they came up with the Nay plan, and if there were not something that could be done to ease the traffic flow. Mr. Wagner said a complete traffic analysis was done and the City's traffic consultant looked at the project and its impacts. He said when the light at Blackwood is fully operational; it will help traffic flow by creating gaps. He said there definitely will have a light there when the road is widened, the only question is, will we have one there soon in a temporary measure and he is not in control of that. There will never be a light at this location because it is too close to the intersection. Vice Chairman Golden said he basically had the same comments. He supports the zoning changes. It is unfortunate that this residential area is changing in character, but he sees it as a fairly small intensity use and it looks like they have some good buffering on the plans but he thinks the final site plan does need some work. Since the applicant is not here, he may face those consequences of not getting that through this board. But he would support the zoning changes. He thinks probably in the small site plan review they could protect the trees during that process. Member Riffe asked Attorney Cookson if the PUD zoning request were approved if this site plan would be attached to the ordinance. Mr. Cookson said it would be because they have submitted a land use plan and a preliminary /final subdivision plan and it would be 5 Planning and Zoning Commission Regular Meeting si..r August 13, 2002 difficult to separate the two. She said if we approve the site plan today and if they come back for a small scale site plan amendment and we were to deny something on that and they appeal it, we would not have a leg to stand on because this is going to be attached. Member West pointed out that the City Commission would make the final decision. Mr. Wagner said if the board would like to recommend an open fence along Old Winter Garden as opposed to a brick wall, he thought that would be an appropriate type of recommendation. He said he is almost positive there is a note on this plan that addresses the layout of those lots as being conceptual or descriptive only. Staff does have the ability to modify those based on the actual trees on the site. He said the basic layout is a very simple one. The public hearing was closed. As had been recommended by Staff, Member McKey, seconded by Member Landefeld, moved that Plannin • and Zoning Commission, acting as the Local Planning Agency, r comm nds itv Commission approval of the proposed SSCPA, Citrus Medical and Executive Park Small Scale Comprehensive Plan Amendment (Case No. SS- CPA -1 -002). Motion carried 7 -0. Member McKey, seconded by Member Keller, moved that Planning and Zoning Commission finds the rezoning request by Citrus Medical and Executive Park to be consistent with: 1 th om.reh Plan•2 the Future Land se Ma. _3 the Land Development ode; (4) the Ocoee - Orange County Joint Planning Area Agreement and (5) the surrounding land uses and zoning classifications; and further, that the Planning and Zonin• Commission recommends approval of the nronosed rezoning of the sub'ect property from A -1 "General Agriculture District" to PUD "Planned Unit Development ", subject to the PUD Land Use Plan (Case No LS - 99 - 014 ), with the understanding that the sit - . lans de • i ted are con - . tual onl and sub' ect to review in se p arate a royal at the site plan level. Motion carried 7 -0. Member McKey, seconded by Member Keller, moved that Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plans of the s b' - ct 'rose it s Me• ical and Executi - Park Case No. LS -99 -014 as date stamped received by the City on March 25, 2002, with the conditions that the wall along Old Winter arden Road will .e chan.ed to an o. -n s le and that the builders will make eve effort to inco .orate existin• trees into the narking islands and drivewa areas. Motion carried 7 -0. lotiw 6 Planning and Zoning Commission Regular Meeting 'tow August 13, 2002 REQUEST TO AUTHORIZE THE LOCATION OF A PUBLIC USE PUBLIC HEARING (OCOEE FIRE STATION) CASE NUMBER PB -02 -001 Principal Transportation Planner Foltz presented the staff report for the request to authorize the location of a Public Use for a City of Ocoee Fire Station on the property bounded by Orlando Avenue, Bluford Avenue, Columbus Street and the former CSX railroad right -of -way. He concluded with Staff's recommendation that the Planning and Zoning Commission recommend Mayor and City Commissioners to authorize the location of this public use. Fire Chief Ron Strosnider and Assistant Fire Chief Rich Firstner were present to answer questions. The public hearing was opened. As no one wished to speak, the public hearing was closed. Responding to a question by Member Landefeld, Chief Strosnider said they would close the old station as a fire station and he does not know the City's plans for the building. Nay- Vice Chairman Golden asked how much more capacity the new station would provide. Chief Strosnider said this building would be adequate to the year 2020. It would accommodate up to 3 four -man fire crews, the battalion chief, an EMS chief and support people personnel. •n. - s . • m. -. . emm-.. h. '1. in' . • Zonin ' Commission recommend that the Mayor and Ci Commissioners authorize the location of this Public Use 0 oe- Fir- Station on the site bounded b •rlando Avenue Bluford A enu Columbus treet and the form-r CSX railroad right-of-wa . Motion carried 7 -0. Planning Director Wagner announced that Dennis Foltz was leaving the City to be Planner for the Orange County Public Schools System. He said it was a new job created in accordance with some of the new state laws that will help improve inter - governmental coordination and help plan, hopefully, a lot of new schools. Mr. Foltz said one of the major functions of that activity would be to work with Planning Commissions around the County. He said the position is a liaison function as a much more aggressive effort of the school district in terms of working with local planning 7 Planning and Zoning Commission Regular Meeting August 13, 2002 commissions and school planning. He said Ocoee was sort of a model for the County in terms of planning for schools, so they will see him again. He thanked the board for their cooperation and commended them on the really fine job that they do. Planning Director Wagner distributed for the Goodman Centre item Attorney Cookson's memo dated August 7, 2002, to replace the memo dated July 12, 2002, that had been included in the packet so that members might review it during the recess. Recess: 8:10 p.m. — 8:22 p.m. GOODMAN CENTRE (F /K/A HEAVENER SUBDIVISION) FINAL SUBDIVISION PLAN PROJECT No. LS -20000 -010 Principal Planner Lewis presented the staff report for the proposed Final Subdivision Plan (FSP) for the 30.4 -acre parcel located in the northwest quadrant of the SR 50 — Clarke Road intersection. The property has frontage on both SR 50 and Clarke Road, but does not include the corner, a 3.3 acre parcel known as the Ozanian Property. The subdivision plan will include a total of six commercial lots with one lot facing SR 50, two lots facing Clarke Road, and three interior lots facing a private internal road. The western portion of the subject property (about 15.5) acres is part of a large wetland area and will be a separate tract dedicated to the City (Tract A). Mr. Lewis addressed in detail easements near the northern boundary of Lot 2, a Drainage and Storm Water Agreement pertaining to the retention pond, and a Declaration of Easement Document which provides for cross access between the Goodman Centre property and the adjacent Ozanian Property using the private internal road. On August 8, 2002, the DRC reviewed the FSP, and recommended approval subject to making necessary revisions listed in memos from the City Attorney, the Engineering Department and the Planning Department, with the following additional changes: • The force main sanitary sewer line to be constructed along the Clarke Road right - of -way in front of Lot 1, currently shown to be located within Tract F, will be relocated so it is just within the existing Clarke Road right -of -way line. • A modification to the wording in City Attorney comment #7 in the attached memo related to the acquisition of a utility easement for the force main sanitary sewer line to be constructed on the Worsham property east of Clarke Road. 8 Planning and Zoning Commission Regular Meeting August 13, 2002 • A modification to the Termination of Easements Agreement related to exactly which existing easements will be terminated. • A recommendation from the Director of Planning and from the DRC to change the name of the subdivision from the Heavener Subdivision (as approved with the PSP) to Goodman Centre. This approval will require separate action by the City Commission. Attorney Cookson said, referring to Comment 7, originally their comment said the developer would be responsible for obtaining the easement for the force main on the other side of Clarke Road just north of the Don Pablo site. The Condition of Approval on the Plan now provides that the City will attempt to acquire the easement from the property owner, Jay Worsham. Attorney Cookson said the next change related to the attachment to their comments, which was a Termination of Easement Agreement. On the northern end of Lot 2, there are some drainage easements. The Termination Agreement will be revised so that it only terminates the Access portion of the Access and Drainage Easement. Responding to questions by Member McKey, Mr. Lewis explained that an area which runs from the east -west boundary and intersects with the north -south boundary is a part of the property owned by DOT which is part of a borrow pit. He also pointed out a potential future recreation trail. Vice Chairman Golden asked Mr. Lewis to summarize the outstanding issues for the Planning Department in the DRC that are supposed to be fixed prior to pre - construction. Mr. Lewis responded there are three relatively minor details, which they have agreed to take care of, just some drafting things for consistency purposes. The first two are related to some information on the cover sheet to make sure it is complete and accurate and the third is a minor note relating to signage. Attorney Cookson said while their memo looks somewhat ominous, there are not many items that still need to be addressed. Comment 1 was informational to require a note on the plat. Comment 2 was just the termination document that was submitted as has been discussed. Comment 3 was providing a copy of the Plan to the attorney for the Ozanian property. Comment 4 pertained to submitting some legal descriptions for the Declaration of Easement, which they have not received yet. Comment 5 was informational to the City. Comment 6 dealt with shifting the force main from the Florida Power Easement. Comment 7 was the condition on the easements for that force main on the other side of Clarke Road, for which we have a Condition of Approval that needs to be added to the 9 Planning and Zoning Commission Regular Meeting August 13, 2002 Plan. So there are a couple minor things that need to be changed, but none of them are serious, none are what the attorneys would consider problematic at this point. Mr. Lewis said the applicants engineer is here to answer questions. Member Landefeld asked for a guarantee that the project is ready to go to City Commission with enough information so they can approve it. Attorney Cookson responded there are some outstanding issues mainly related to the fact that their third review of the Plan just recently happened and the developer has not had the opportunity to revise the Plans and re- submit. He said the attorneys recommend the approval be conditioned upon the developer satisfying the outstanding issues. Member Landefeld said, suppose he does not, then what. Mr. Cookson said then it falls on City Staff to make sure it does not go any further than what they already have. Mr. Lewis said what they anticipate happening is that the City Commission will take action next week on this and there will be some revisions that need to be made, some additional information to be provided. The applicant has agreed to make all those changes and provide that information. The Condition staff is recommending is that it all be done prior to pre - construction meeting. So if they don't do it, they don't get a pre - construction meeting and they don't start building. Member Landefeld said he does not think this package is ready to forward to City Commission. Member West and Vice Chairman Golden said the board needed to hear from the applicant. Member McKey asked that the applicant's engineer explain the engineering issues. Present for the project were Scott Gold, the applicant, Mitch Collins, the engineer for the project, and Steve Mellich, the engineer primarily involved with the stormwater pond to the north that is being modified. Mitch Collins said none of the engineering comments were significant nor would they be difficult to take care of and revise. Addressing planning department comments, he said the first two comments had to do with a couple of sheets of landscape plans that were not included on the table of drawings. The third comment had to do with changing a sign detail on one of those landscaping drawings. Addressing the attorney's comments, Mr. Collins said these are mostly legal agreements that have to be worked out and signed before pre - construction. He said they are not necessarily plan changes. Addressing the engineering comments, Mr. Collins said the first comment was with regard to a couple calculations for the pipe sizing on Lot 5, and the second comment was "try 10 Planning and Zoning Commission Regular Meeting August 13, 2002 with regard to a couple of the slopes along the spine road that goes north to south through the subdivision. He said it is literally about an hour's worth of work. He said they wanted to have the P& Z and City Commission meetings finalized before they make any of those changes, and then go to pre - construction. Member McKey asked when these items are finalized that Vice Chairman Golden would be notified and would look over them. Mr. Golden said he would be glad to do that, but he knows the City's engineering staff is going to look over it also. Mr. Golden said he could report back to the board if they would like that. Mr. McKey said they don't want to send anything out open- ended, but that he does not see anything gigantically significant himself. Vice Chairman Golden asked Mr. Collins about the change in slope, how that would change the mass grading around the entrance to the site, and if it would require removal of a lot of trees along the road. Mr. Collins said the change would be in the hundredth of a foot. The change is to bring it up to the City's standard and is mostly drafting work. Vice Chairman Golden asked the applicant to address Condition 60 pertaining to allowing further filling of those three lots in the future. Steve Mellich, with Mellich Blenden Engineering, said his firm had designed the Master Stormwater Pond. He distributed two exhibits and then explained in detail the process they had undergone to arrive at their conclusion. He said they had concluded that the best thing they could possibly do was to take the stormwater for Lots 1, 2, 3, 4 and 6 and push it up north into the City's existing pond, and to expand the existing pond. He explained that Exhibit 1 depicts the 2.46 acre retention pond that would be needed to meet the stormwater requirements for Lots 1, 2, 3, 4 and 6 and the northern portion of the spine road if they did not utilize the existing City pond. He said Exhibit 2 shows, if the City pond is utilized, the 1.74 acre potential fill area of impact on Lots 3, 4 and 6 due to the hydraulics of that pond system. He said the expansion of the City pond harms nothing but some planted pines. He said if the developer of Lots 3, 4, and 6 chose to fill the 1.74 acres, he would need to install a 10.5 -foot wall along the western line. He said the Plan they are presenting for approval simply affords the developer the opportunity or the option to fill that property, not the requirement to do so. They thought it was the best way all around. This does not mean that the whole strip of property is going to be devoid of trees. It is only the final option. Vice Chairman Golden asked why it would not be totally filled by the developer that buys that lot. Mr. Mellich said it could be, that is what Note 60 is all about — there is the potential for significant in that area. Mr. Golden said it is obvious that the pond to the Now 11 Planning and Zoning Commission Regular Meeting August 13, 2002 north allows more developable land in the whole parcel. Mr. Mellich said it also allows the opportunity to save more trees. Lengthy discussion ensued about possible options for development of Lots 3, 4 and 6. Vice Chairman Golden said he does not support Condition 60. He said it is too open for future development and that details should have been provided. He said they don't show those trees removed, but it is obvious all those trees are going to be removed at some time. Mr. Mellich said it is not different from any of the trees in Lots 3 4 or 6 that would fall within the hydraulic gradients. He said they do not have any potential uses on those lots and could not predict which trees on any of those lots were chosen to be removed at any given time until they are site plan specific. He said they were trying to build the flexibility to save those trees, not the requirement to save those trees, and would be site plan specific later on. Member McKey asked Mr. Wagner if he and staff feel that Note 60 is something they had asked for or felt was necessary. Mr. Wagner said that is the developer's note, and he does not know that the planning staff ever totally agreed with it. He said he was %" concerned that there will be significant filling. He said, having heard Mr. Mellich's explanation, their approach makes a lot more sense as far as a practical approach to trying to save as many trees as possible. He would have liked a more positive statement, something to the effect that the developers will use unique approaches, retaining walls, and working with the natural grade. Mr. Wagner said, if the developer or the Planning Commission has any recommendation on language that might be acceptable, based on their discussion, he thought that would be more acceptable. Member Riffe said she does not think Note 60 needs to be included, and recommended that it be stricken. She said it should be considered on a site -by -site basis. Scott Gold, H. Scott Gold Trustee, the owner, explained in detail how they thought their Plan would benefit the City and the neighboring Hammocks, in particular. He asked that members keep this in mind as they look at the Plans. Member McKey asked if there is anything they can do to keep that note or if it is not worth keeping. 12 Planning and Zoning Commission Regular Meeting ``•► August 13, 2002 Member West said he thought sometimes we become one - dimensional about trees. He pointed out some of the advantages of their Plan and said he would support it as presented. Vice Chairman Golden said he has heard a lot of rhetoric about trees, but he does not think this site plan respects the trees. He asked Mr. Mellich about trees along the interior road. He said he thought there were more trees saved in this latest plan than in the original plan, but those trees that are to be saved are immediately adjacent to trees that will be removed for the road. Many developers are putting barrier lines that show a tree barrier between the area to be cleared and the right -of -way. He asked if the barrier lines could be added to the Plans. Mitch Collins said the barrier lines could be added before the contractors start clearing. He said the site contractor has to go out and actually barricade the trees and the ones to be saved have to be inspected by the City Planning staff before the clearing and grubbing may begin. Member Keller asked if Note 60 should be retained or not. Member McKey said he thought, realistically, it was almost inevitable that trees would be lost if these properties fir.► are developed. He said when developers are required to keep the trees, they have to be a little more creative and they do something a little special and the product shows it. He said property owners have the right to develop their property and there are going to be some casualties. Vice Chairman Golden said this is at the entrance to Ocoee, at one of the main intersections. Member Keller said he liked their approach about expanding the retention pond. He said he thought the sites would have to be filled if developed. He said he thought it was a good job. Member Landefeld said he is a great lover of trees and he expects everything will be done to save as many as possible. He said he would not want to recommend this package for City Commission with so many open items. Member West asked if the board could not make a recommendation that it go forward if those things are completed. Member Landefeld moved that all open items be cleaned up before the Plan goes to the City Commission. Mr. Lewis explained there was not time to do that before the City Nor 13 Planning and Zoning Commission Regular Meeting '�.. August 13, 2002 Commission meeting, as the packet for that meeting goes out tomorrow to City Commission. He said the staff recommendation would be that it be approved subject to having the revisions made prior to pre - construction. He said they are all minor drafting issues. Mr. Wagner said the only way they could do that is if it did not go to the next City Commission meeting and it was put in abeyance, and the following City Commission meeting would be September 17. He said he believes that they have been directed by the City Manager to push this forward because the developer's attorney had requested placement of the project on those agendas, ready or not. Motion died for lack of second. Member Riffe, seconded by Vice Chairman Golden, moved that Planning and Zoning Commission recommend approval of the Final Subdivision Plan for Goodman Centre, as dated stamped received by the City on August 9, 2002, subject to making the necessary revisions listed in the memos attached to the staff report prior to the pre - construction meeting, as well as the additional changes included in the DRC recommendation, and also subject to striking Note 60 on the Plan. Motion carried 7 -0. KANES FURNITURE AT OCOEE FINAL SITE PLAN Nor PROJECT No. LS- 2000 -011 Principal Planner Lewis presented the staff report for the proposed Final Site Plan for Kanes Furniture at Ocoee. It will be a retail store with a total of 60,000 square feet, located on the north side of SR 50, just west of the intersection of Clarke Road and SR 50. The subject property is currently undeveloped and is Lot 5 of the Goodman Centre. The site will have frontage on SR 50 with access from a private road running along the east side of the site from SR 50 to the northern edge of the site. A small water feature with a fountain will be located at the southeast corner of the site. There will need to be a significant amount of grading on the site. Because of the fill that will be needed for this site, a retaining wall will be constructed along most of the southern and western edges of the lot. The foundation of the building will function as a portion of that retaining wall. The approved Preliminary Site Plan for Kanes included two waivers from Code requirements, one related to the building setback on the west side and the other related to the parking requirement. The parking requirement waiver was requested because the developer feels that the very low parking demand of a furniture store does not justify building so many parking spaces that will never be used. The parking waiver was `hrn 14 Planning and Zoning Commission Regular Meeting *,.,. August 13, 2002 approved, subject to providing a Restrictive Covenant that would require the property to be used only as a furniture store. Based on an analysis provided by the applicant, 75 parking spaces should be adequate for this building, as long as the use remains a furniture store. Consistent with the requested waiver, the applicant will execute a Declaration of Restrictive Covenant that would restrict the property from being used for anything except a furniture store. Two additional waivers are being requested with the Final Site Plan. The first new waiver is related to the requirement to provide sidewalks along adjacent public streets. The Plan does not show a sidewalk being built along SR 50 due to severe grading problems, a large existing ditch and future road widening problems. The second new waiver is related to wall signage. The request is to allow a 150 square foot sign, that would normally be allowed on the east side of the building, to be placed on the west side of the building instead. Both of these new proposed waivers are supported by the Planning Department. On August 8, 2002, the DRC reviewed the project. The Committee voted unanimously to recommend approval of the FSP, including the two additional requested waivers, subject to making the necessary revision listed in memos from the City Attorney and the Planning Niko' Department, with the following additional changes: • A modification to the wording in Planning Department comment #1 in their memo to state that the Declaration of Restrictive Covenant needs to be provided prior to the City Commission meeting, instead of the DRC meeting. • A modification to Section 3 of the Declaration of Restrictive Covenant document to state that there will be no less than 75 parking spaces (including at least 4 handicap spaces), instead of 77 parking spaces. Mr. Lewis concluded with Staff's recommendation of approval with the two additional waivers, subject to making the necessary revisions listed in the memos attached to the staff report as noted above prior to the pre - construction meeting, as well as the additional changes included in the DRC recommendation. Member West said he understood their request to change the placement of the sign. Vice Chairman Golden asked about a 48 -inch tree in front of the building that is shown as being removed on the Plan. Mitch Collins, engineer for the project, explained they err 15 Planning and Zoning Commission Regular Meeting August 13, 2002 would be adding 10 feet of fill between the existing grade where the tree sits now and where that parking lot is going to be, so it would not be feasible to save it. Vice Chairman Golden asked about the landscaping planned along SR 50. Mr. Collins said by eliminating the sidewalk, they were able to change from one big retaining wall to two curved, terraced retaining walls along the entire front of the site along SR 50. Plantings are proposed on the bottom of the lowest retaining wall, in between the two retaining walls, and also on top of the highest retaining wall in front of the parking spaces. Planning Director Wagner said staff was usually highly supportive of sidewalks, but in this particular case there was a huge drainage ditch in front of this property. They have looked into it and it cannot be piped because of a cross connect pipe in that location. Where the sidewalk would be located would drop off into the middle of the swamp. Staff felt that the benefit here was to have a much more desirable looking front entryway to the subdivision and this project. This is one of the few times that staff has literally recommended against the sidewalk for that alternate benefit. Mr. Lewis said another consideration was that they know they will be rebuilding the road in the future and it is quite possible that DOT will build a sidewalk when they design that road. stir. Vice Chairman Golden asked why the trees on the southwest corner of the site outside the retaining wall were shown as being removed. Mr. Collins said the lower of the two retaining walls will "die" into a bank there, and they are sloping up to where that retaining wall can "die." Mr. Golden said it would be nice to make an effort to save some of those trees because that area is immediately viewable. Member McKey commented that it was a nice metal fence, and he thought there could be a sidewalk on that terraced level if someone tried real hard. He said the trail was shown coming down from the north and there was no way to get back east without walking in the road. Member Riffe agreed with Member McKey, commenting that we are giving up entirely too easily on the sidewalk, and were setting a bad precedent in doing so. She said she did not support the sidewalk waiver, but had no problem with the signage. Member Riffe, seconded by Member Landefeld, moved to recommend that Planning and Z•nin. ommission recommend a..ro al •f the Final Site Plan for Kanes Furnitur- at • coee as dat stam ed re eived b the i on Au. s 9 2002 includin . the si . na. e waiver sub'ect to makin. the n-cessa r vision list in the m attach to the staff `0rr 16 Planning and Zoning Commission Regular Meeting .. August 13, 2002 re s ort rior to the • re- construction meeting as well as the additional chan • es included in the DRC recommendation. Motion carried 7 -0. Mr. Collins asked if there were engineering issues such that they would not be able to put in the sidewalk, if they would they appeal that to the City Commission. Mr. Lewis said if the City Commission supports the Planning Commission's recommendation, that if he determines it can't be done when they build it, they can request a review and staff could review it at an administrative level. OLD BUSINESS None. OTHER BUSINESS Discussion Regarding Commission Shirts. Planning Director Wagner said the shirt issue has taken on a life of its own, not only with this group, but all the other groups. He said the City Manager decided everyone will have the same shirt, but it was probably similar to the one they picked. MISCELLANEOUS ADJOURNMENT The meeting was adjourned at 9:57 p.m. Attest: APPROVED: f� , `-�� Gif Golden, Vice Chairman Marian Green, Deputy City Clerk s Golde , *tow 17