Loading...
HomeMy WebLinkAbout05-14-2019 Minutes Ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, May 14, 2019 I. CALL TO ORDER - 6:30 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chair Joel Keller, Vice-Chair Lavon Williams, Member Jason Mellen, Member Rodger Wunderlich, (1 Vacant Chair) Absent: None Also Present: City Planner Mike Rumer, Planner Greg Hines, Assistant City Attorney Dana Crosby-Collier and Recording Clerk Kathy Heard Special Appearance: Mayor Johnson II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held April 9, 2019. (6:31 pm) Motion for Approval of the Consent Agenda: Moved by Vice-Chair Williams, Seconded by Member Wunderlich; Motion carried unanimously. III. OLD BUSINESS -None 1 Planning&Zoning Commission May 14,2019 IV. NEW BUSINESS — Public Hearings A. RusTeak - 11077 Roberson Road Annexation, Small Scale Comprehensive Plan Amendment and Rezoning to Commercial; Project No(s): AX-04-19- 81, CPA-2019-003,RZ-19-04-04. (Advertised in the West Orange Times on Thursday,May 2, 2019) (City Planner Rumer) (6:32 pm) City Planner Rumer presented a brief overview of this proposed annexation, Small Scale Comprehensive Plan Amendment and Rezoning to Commercial. This site is approximately 2.93 acres in size and is located on the north side of Roberson Road,west of the intersection of Maguire Road and Roberson Road. There is a single-family home and some outparcels on this subject site. The parcel is currently zoned A-1(Orange County) and has a Professional Offices and Services Land Use Designation adopted under the Future Land Use Map. On the east side there is a professional office complex. On the west side a veterinary office was recently converted from a single-family home. On the north side a single-family dwelling on 4.92 acres exists and is located in Orange County's jurisdiction. The future land use of the north side property upon annexation into Ocoee will be Professional Office. On the south side a retail center including a day care and Walgreens is located in front of a 276 unit apartment community. City Planner Rumer indicated the Applicant is requesting to annex into the Ocoee City limits which will allow connection to City water and sewer. This parcel meets the State's requirements for annexation as it is contiguous to the City on the east and south. The proposed small scale land use amendment is under 10 acres, which would change the site to professional office and service to commercial; and lastly, rezoning the property to C-3 (Commercial). City Planner Rumer discussed how the property will be accessed from Roberson Road via a right-in and right-out. This site will have a stormwater pond, parking, and lift station related to a site plan that will be submitted to the Development Services Department. A site plan is not under review and will be submitted under a separate review. Development Review Committee(DRC)Recommendation: The Development Review Committee (DRC) will meet on Monday, May 13, 2019. The DRC recommendation will be provided under a separate cover at the Planning and Zoning hearing. Staff Recommendation: Staff recommends that the Planning & Zoning Commission acting as the Land Planning Agency recommend approval of the proposed Annexation, Small Scale Comprehensive Plan Amendment from Professional Offices and Services to Commercial, and Rezoning C-3 (General Commercial). Discussion: The applicant and owners were present for questions. 2 Planning&Zoning Commission May 14,2019 Vice-Chair Williams questioned the compatibility of this proposed restaurant with the surrounding professional offices and businesses in the existing area. City Planner Rumer explained the land use maps they are referencing does not indicate the use of the existing land use within that area. Brian Butter,Applicant and Owner, 1568 Maguire Road, Ocoee, announced that he and the other co-owner were present to answer any questions the Board may have. Member Wunderlich inquired if the proposed establishment would be the same or similar to their current restaurant in Ocoee. Mr. Butter said it will be a full-service restaurant, which will be elevated slightly to be more welcoming, but the standards and capacity of 150-200 will be the same. (6:41 pm) Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. Tim Blaise, 2723 Maguire Road, Ocoee, indicated he owns the office complex adjacent to this site. He stated his concerns about compatibility, safety pertaining to traffic, traffic patterns regarding the median down the center of Roberson Road, pests with the dumpsters, and basically how this may impact his tenants and property. He asked if there will be some type of barrier between the properties. He said he likes RusTeak, and would like to work together to be able to understand their ideas of this proposed new location. City Planner Rumer explained the next steps, which would be the site plan review. If it does not meet any of the code requirements for commercial restaurant, a waiver would need to be brought before the City Commission. He further explained the compatibility use from a planning perspective indicating the nearby offices are predominantly eight-to-five whereas this restaurant is a lunch, dinner, and after-dinner establishment. He does not see any compatibility issues with a restaurant/office use as these uses are adjacent in a lot of places. He explained there is no buffering requirement for commercial adjacent to office; however, fencing will be reviewed. He discussed the traffic and mentioned there is not a big discrepancy between office and commercial trips; however, the trip type is different in that the restaurant is an off-peak trip. Member Wunderlich asked about how this item is different than the craft brewery establishment which was adjacent to a residential neighborhood that the Planning and Zoning Commission recommended for approval. City Planner Rumer explained the differences between the two projects and expressed this project is not adjacent to single-family homes. The public hearing was closed. (6:51 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the RusTeak 11077 Roberson Road Annexation; Project No: AX-04-19-81, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Wunderlich, Seconded by Vice-Chair Williams; motion carried unanimously. 3 Planning&Zoning Commission May 14,2019 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the RusTeak 11077 Roberson Road Small Scale Comprehensive Plan Amendment; Project No: CPA- 2019-003, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Mellen; motion carried unanimously. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the RusTeak 11077 Roberson Road Rezoning to Planned Unit Development (PUD); Project No: RZ-19- 04-04, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Williams; motion carried unanimously. B. Greens at Forest Lake Planned Unit Development (PUD) Phase 1 & 2 Large Scale Preliminary and Final Subdivision Plan (PSP/FSP); Project No: LS-2019-002. (Advertised in the West Orange Times on Thursday, May 2, 2019) (City Planner Rumer) (6:54 pm) City Planner Rumer presented a brief PowerPoint presentation on this proposed property, which is approximately 29.17 acres of vacant/undeveloped land and located on the north side of West Road, west side of State Road 429 and east of the West Orange Trail. The Large Scale Comprehensive Plan Amendment for this site was reviewed and approved by the City Commission on December 4, 2018. This proposed project is to develop the 29.17 acres in two phases as a 200 unit townhome development by Meritage Homes. The amenities will be located in the front of the development and to be built out in Phase 2. The West Orange Trail runs along the western side of this development. Phase 1 will encompass development of the townhomes on the western side, and Phase 2 will be building the townhomes along SR 429 on the eastern side. The Preliminary/Final Subdivision Plan is consistent with the Greens at Forest Lake PUD/Land Use Plan. Potable water and sewer services will be provided by Orange County. The City of Ocoee will provide solid waste services, reuse water, police and fire protection. City Planner Rumer announced the Development Review Committee (DRC) did meet in April where they recommended this project for approval. Development Review Committee(DRC)Recommendation: A Development Review Committee (DRC) meeting is scheduled for Monday, May 13th. A recommendation form the DRC will be provided under a separate cover. Staff Recommendation: Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan for Greens at Forest PUD Phase 1&2, subject to resolution of staff comments before the City Commission meeting. 4 Planning&Zoning Commission May 14,2019 Discussion: Vice-Chair Williams asked about the property owner to the southwest of this site and whether an arrangement was worked out. City Planner Rumer said the developer had a meeting with the property owner,but nothing came to fruition. He emphasized that the property owner's site is more developable now, because a public road will be provided adjacent to their property. He indicated the property owners have hired a planner to figure out what uses can go on that site. Member Mellen said that was his concern as well, because the property owner was worried about being land-locked. The applicant was present for questions. Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. As no one wished to speak, the public hearing was closed. (7:00 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Greens at Forest Lake PUD Phase 1 & 2 Large Scale Preliminary and Final Subdivision Plan (PSP/FSP); Project No: LS-2019-002, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Mellen; motion carried unanimously. C. Request for Variance—Ali Property, 919 Marlene Drive; Case No: VR-19- 01. (Advertised in the West Orange Times on Thursday, May 2, 2019) (City Planner Rumer) (7.02 pm) City Planner Rumer introduced this item to the Board as it is their first variance since the Board of Adjustments was sunsetted. He explained variances and the request process. Planner Hines presented a PowerPoint explaining this variance request in which the applicant is seeking approval for a side-yard setback variance from 7.5 feet to 5 feet to be able to construct a 9-foot by 10-foot one(1)car attached garage on the east side of the home. According to the survey, the addition will be five (5) feet away from the property to the east and will be right up to the five (5) foot drainage and utility easement located on the side of the property. Member Wunderlich asked if there are provisions where the neighbors can agree or disagree with this request. City Planner Rumer explained that 300-foot notices were mailed out to adjacent property owners and there was a sign placed in the yard. He further indicated the applicant was present and brought in signatures from adjacent neighbors who are in favor of this request. Member Mellen inquired if this would open doors to more residents who want a garage. City Planner Rumer answered this would not create an opportunity for residents to acquire permits. These types of permits are on a case-by-case basis. 5 Planning&Zoning Commission May 14,2019 Development Review Committee(DRC)Recommendation: This item does not go before the DRC. Staff Recommendation: As indicted on the site survey plan, there is a five (5)foot drainage and utility easement that the garage will be right up to. The property/subdivision does not contain a retention pond for drainage purposes; the surrounding land is relatively flat; drainage can become an issue; and fire code concerns due to proximity with neighboring property structure can become a safety issue. Furthermore, the applicant does not satisfy the four criteria contained in Subsection 4-9 A. of The Ocoee Land Development Code (LDC). Based on the findings stated above, staff does not find the variance requested by Mohamad Ali supportable. Should the Planning and Zoning Commission make a finding consistent to staff?Staff recommends that any decision be conditioned on factual interpretation of code requirements and public testimony related to such provisions. Discussion: The applicant/owner was present for questions. Mohamad Ali, Applicant/Owner, 1408 Vickers Lake Drive, Ocoee, indicated he has lived on Vickers Lake Drive for the past 17 years, and he really enjoys living in Ocoee. He owns several properties in Ocoee. He explained if this variance request is approved, it would allow his house to be similar to surrounding homes with garages. Vice-Chair Williams asked if the surrounding homes have garages to which Mr. Ali answered in the affirmative. Member Mellen asked if he lives in this home or whether it is a rental. Mr. Ali answered that his son lives in this home who owns a car and three motorcycles. Member Mellen inquired whether there is any flooding on this property when it rains. Mr.Ali said throughout the past 10 years there has never been any flooding or water issues on the property. Assistant City Attorney Crosby-Collier advised nine adjacent neighbors living on Marlene Drive signed a"No Objection" petition from Mr. Ali, which was handed out to the Board. Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. As no one wished to speak, the public hearing was closed. Chair Keller read to the Board the requirements they must find in order to recommend approval of this variance, which state: 1. That special conditions and circumstances exist which are peculiar to the land, structures,or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements; 2. That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; 6 Planning&Zoning Commission May 14,2019 3. That the special conditions and circumstances do not result from the actions of the applicant; 4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions In order to recommend approval of a variance request, the Planning&Zoning Commission must find that the reasons set forth in the application justify granting the variance and that granting the variance will be in harmony with the surrounding territory and not injurious to the public welfare. Member Wunderlich asked if the surrounding homes with garages were built under the same roof and not added on later. Mr. Ali answered in the affirmative. Vice-Chair Williams asked whether the requirements stated above by Chair Keller have to be inclusive.Assistant City Attorney Crosby-Collier said all four factors are within the City's Code and have to be met to grant a variance. City Planner Rumer indicated it is the Board's decision as to whether the Board thinks he has met the four criteria. Chair Keller said personally he does not see a problem with granting this variance especially since the surrounding neighbors do not object. City Planner Rumer stated he finds it odd that this house was built without a garage. Chair Keller agreed and stated the applicant was deprived of a garage if this is not recommended for approval. (7:20 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend approval to the Ocoee City Commission for the Ali Property Variance at 919 Marlene Drive; Case No: VR-19-01, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Wunderlich; motion passed 3-1 with Vice-Chair Williams opposing. Vice-Chair Williams explained her concerns are the four required criteria. She stated she struggled to find a special condition and circumstance that exist. Although she agrees that the addition of a garage would make the home more compatible with surrounding homes and the support of surrounding neighbors is beneficial, she finds it a bit of a challenge to see all of the requirements have been met. Member Wunderlich explained he believes the peculiar special condition and circumstance that exists here lies in the fact that Mr. Ali does not have a garage,because the adjacent neighbors have the advantage of built-in garages. 7 Planning&Zoning Commission May 14,2019 V. MISCELLANEOUS A. Project Status Report City Planner Rumer updated the Board with the following: • The downtown redevelopment is moving along, and milestones are being met every week. The City is watching and tending to the palm trees on Bluford Avenue. Landscaping is being finalized east of Blackwood Avenue. City Center should be pulling foundation permits soon.Ocoee Business Park is preparing for their permit. • Chair Keller asked about tiny homes and tiny home subdivisions and whether the City has anything preventing or allowing tiny homes. City Planner Rumer said there currently are no special provisions in the City's code yet regarding tiny homes, but the City is watching the tiny homes movement. B. May Calendar - No updates Motion: Move to adiourn the Planning and Zoning Commission meeting; Moved by Vice- Chair Williams, Seconded by Member Mellen; motion passed unanimously. VI. ADJOURNMENT - 7:30 pm ATTEST: APPROVED: athy Hears, "ecording Clerk %Joel Kell r, rChair / 8