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)
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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.
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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
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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
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Planning and Zoning Commission Regular Meeting
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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Planning and Zoning Commission Regular Meeting
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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
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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
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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 ,
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