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HomeMy WebLinkAbout08-13-2019 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, August 13, 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 Brad Lomneck, Member Jason Mellen, Member Rodger Wunderlich Absent: None Also Present: City Planner Mike Rumer, Planner Gregory Hines, Zoning Manager Kiel Gajadhar, Assistant City Attorney Dana Crosby-Collier and Recording Clerk Kathy Heard Chair Keller welcomed newly-appointed Member Lomneck to the board. II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held June 11, 2019. (6:32 pm) Motion for Approval of the Consent Agenda: Moved by Member Wunderlich, Seconded by Vice-Chair Williams; Motion passed unanimously. III. OLD BUSINESS -None 1 Planning&Zoning Commission August 13,2019 Zoning Manager Gajadhar announced the first three items on this agenda are annexations and rezonings and gave an overview of the purpose and requirements for annexations and rezonings. IV. NEW BUSINESS — Public Hearings (6:33 pm) A. Skipper Property — 1936 Adair Street Annexation & Rezoning; Project No(s): AX-05-19-82 & RZ-19-05-06. (Advertised in the West Orange Times on Thursday, August 1, 2019) (Planner Hines) (6:34 pm) Planner Hines presented a brief PowerPoint on this proposed annexation and rezoning. This parcel is located directly west of Adair Street, approximately 2,035 feet south of Clarcona-Ocoee Road. The property size is +/- 1.01 acres with the Parcel Identification Number 08-22-28-0000- 00-084. The current zoning is Orange County Rural/Agricultural with a proposed zoning of City of Ocoee/Low Density Residential. The subject parcel has one (1) existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to receive a city potable water connection. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property already receives City of Ocoee water service. Planner Hines indicated if this property is annexed, the City will receive approximately $842 a year from property taxes. Development Review Committee (DRC) Recommendation: On August 6, 2019, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and rezoning for the Skipper Property. Staff Recommendation: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Annexation and rezoning from "Orange County"A-1 (Rural/Agricultural) to "City of Ocoee" R-1 (Low Density Residential) of the property known as the Skipper Property located at 1936 Adair Street. Discussion: Board members had no questions or comments. Chair Keller opened the public hearing and asked if there was anyone present who wished to speak on this proposed project. As no one wished to speak, the public hearing was closed. 2 Planning&Zoning Commission August 13,2019 (6:37 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Skipper Property — 1936 Adair Street Annexation; Project No: AX-05-19-82, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Williams; motion passed unanimously. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Skipper Property — 1936 Adair Street Rezoning; Project No: RZ-19-05-06, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Wunderlich; motion passed unanimously. B. Crews/Smeller Property — 1557 Blackwood Avenue Annexation & Rezoning; Project No(s): AX-06-19-83 & RZ-19-06-08. (Advertised in the West Orange Times on Thursday, August 1, 2019) (Planner Hines) (6:38 pm) Planner Hines presented a PowerPoint explaining this proposed annexation and rezoning is for a parcel located on the east side of Blackwood Avenue; 1,050 feet south of Old Winter Garden Road. The property size is +/- 0.51 acres with the Parcel Identification Number 29-22-28-0000- 00-098. The subject parcel has one (1) existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to receive a city potable water connection. The current zoning is Orange County/Rural/Agricultural, and the proposed rezoning is City of Ocoee/Low Density Residential. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north and east. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property already receives City of Ocoee water service. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Planner Hines said if this property is annexed, the City will receive approximately $884 a year from property taxes. Development Review Committee (DRC) Recommendation: On August 6, 2019, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and rezoning for the Crews/Smeller Property. Staff Recommendation: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation and rezoning from "Orange County"A-1 (Rural/Agricultural) to "City of Ocoee" R-1 (Low Density Residential) of the property known as the Crews/Smeller Property located at 1557 Blackwood Avenue. 3 Planning&Zoning Commission August 13,2019 Discussion: Board members had no questions or comments. Chair Keller opened the public hearing and asked if there was anyone present who wished to speak on this proposed project. As no one wished to speak, the public hearing was closed. (6:41 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Crews/Smeller Property — 1557 Blackwood Avenue Annexation; Project No: AX-06-19-83, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Wunderlich, Seconded by Member Lomneck; motion passed unanimously. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Crews/Smeller Property — 1557 Blackwood Avenue Rezoning; Project No: RZ-19-06-08, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Lomneck, Seconded by Member Mellen; motion passed unanimously. C. 8815 Hackney Prairie Road Annexation & Rezoning; Project No(s): AX- 06-19-84 & RZ-19-06-09. (Advertised in the West Orange Times on Thursday, August 1, 2019) (Planner Hines) (6:43 pm) Planner Hines presented a PowerPoint to explain that this proposed annexation and rezoning is for a parcel located on the north side of Hackney Prairie Road, approximately 2,683 feet west of N. Clarke Road. The property size is +/- 2.80 acres with the Parcel Identification Number 03-22- 28-0000-00-071. The subject parcel has one (1) existing Single-Family Residence. The Applicant is annexing into the City limits as city-owned land. The current zoning is Orange County/Rural/Agricultural, and the proposed rezoning is City of Ocoee/General Agriculture. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits to the north. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property will require City of Ocoee water service. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Planner Hines said if this property is annexed, the City has the potential to receive approximately $1,200 a year from property tax; however, the City currently owns this parcel. City Planner Rumer added that the City has received some questions from a resident who is present. He explained this parcel has drainage issues because of the pond to the north. As a result, the City decided it was more prudent and cost effective to purchase this site instead of rectifying the drainage problem. He stated the City's plans are to see if the drainage can be rectified; if so, the City will release the property and sell it as a single-family home. He explained there is no proposal to develop this site in any way other than to fix the drainage. 4 Planning&Zoning Commission August 13,2019 Development Review Committee(DRC) Recommendation: On August 6, 2019, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and rezoning for the 8815 Hackney Prairie Road property. Staff Recommendation: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation and rezoning from "Orange County"A-1 (Rural/Agricultural) to "City of Ocoee"A-1 (General Agricultural)of the property known as the 8815 Hackney Prairie Road Property. Discussion: Member Mellen asked why the rezoning is proposed to be General Agricultural when all the surrounding properties in that area are zoned Low Density Residential. City Planner Rumer explained that agricultural uses are not utilized within Ocoee's Comprehensive Plan; however, the City deems this property applicable to be annexed into the city, but did not want to cause concerns to Orange County and surrounding neighbors by zoning the property Low Density Residential. He expressed there is no current need to zone it Low Density Residential as the City can rezone it at some future date; and further, he stated if the City decides to make this parcel into a passive park, it would then be rezoned to Institutional. Chair Keller relayed a resident's question on a speaker form about the right-of-way to the subject property driveway, and asked if there are any issues with the driveway. City Planner Rumer responded the City received correspondence from an attorney, which discussed an unrecorded easement that has been in place. He expressed the Planning Department forwarded that correspondence to the Public Works Department, and he anticipates an answer regarding the easement by the time this item is brought before the City Commission for final approval. (6:50 pm) Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. Deanne Claiborne, 8829 Hackney Prairie Road, Orlando, which is adjacent to the west of the subject property, clarified Attorney Jim Pratt sent the letter on her behalf. She indicated their initial concern was regarding the driveway easement as they have lived on this property for 18 years with an understood driveway easement with the adjoining neighbor for approximately 20 feet of the driveway. She indicated she has additional questions pertaining to the City building a park on this parcel. She advised if this property is annexed into the city, it will place her property and the property to the north as an enclave. She asked the following questions and requested the City get back to her with the answers. (1) What is the City planning to do with this property? (2) How will the City ensure that future development of this property is consistent with the Clarcona Rural Settlement? (3) How will the City ensure that future development of this property will be similar and compatible with the surrounding area and consistent with the existing pattern of surrounding development? (4) How 5 Planning&Zoning Commission August 13,2019 will the City ensure that future development of this property will not be a detriment or intrusion into the surrounding area? (5) How will the City ensure that future development of this property will not exacerbate existing traffic problems? (6) How will the City ensure that the future development of this property will not negatively impact the 20-foot driveway easement they have utilized for the past 18 years? (7) How will the City ensure that the future development of this property will not isolate their property from the rural settlement and create an enclave of their property? She then referenced Florida Statutes, Section 171.043 and Section 171.044. City Planner Rumer explained the Joint Planning Area Agreement (JPA) with Orange County is currently under revision, and all parcels to the west of the railroad tracks are logical extensions of the city limits where City services can be provided to which this annexation meets state and local regulations. He stated once more that the determination of the easement will be made at the City Commission meeting. He explained the City considers all of the parcels west of the railroad tracks an enclave to which this annexation, if approved, would be reducing an enclave, which is acceptable by Florida Law up to 110 acres per year. Regarding future development, he stated the City's JPA does not acknowledge annexing lands within the rural settlement pertaining to meeting any acreage criteria; and further, stated he can ensure this parcel will be residential. Member Lomneck inquired whether the pond to the north is the City's and if the parcel could be split up in the future. City Planner Rumer said the pond is a part of the Sawmill subdivision, and explained at this point he does not know if this parcel would meet all the regulations to be split. Jack Claiborne, 8829 Hackney Prairie Road, Orlando, stated he understands the City wishes to eliminate the enclave; but, by doing so and by potentially annexing this parcel, it creates an additional enclave, which will separate his property as well as the northwest parcel. He indicated they do not wish to be rezoned Low Density Residential; and further, he asked whether they • would have to rezone. Chair Keller answered he believes at this point the City is not advising their property be annexed into the city. He stated in the future he could see their property becoming Low Density Residential, because they have a home on their site. City Planner Rumer explained the annexation requirements; and further, stated if at some point their property is annexed into the city, it would be rezoned Low Density Residential, because the City does not have an agricultural/citrus rural land use like Orange County does. Jack Claiborne asked if his property was to be annexed and rezoned, whether they would be allowed to have horses or cattle. City Planner Rumer answered in the affirmative stating Ocoee's Land Development Code (LDC) allows barnyard animals as well as chickens. Jack Claiborne stated if a park were to be placed on this site, the access would be limited due to the 20-foot access being his driveway; and further, he asked where would the access be? City Planner Rumer explained when he spoke about a park, he was describing different development options that the City could potentially develop on this site, because the City does not develop single-family homes and then sell them. Deanne Claiborne questioned who determined that this area was already an enclave. City Planner Rumer explained the Joint Planning Area Agreement (JPA) between the City and Orange County, which speaks about the elimination of enclaves and sets the JPA boundary lines 6 Planning&Zoning Commission August 13,2019 where the City cannot annex outside of. He further explained why elimination of enclaves are necessary indicating the City is eliminating the need for the County to provide water/waste services when the City is already providing these services next door. Assistant City Attorney Crosby-Collier explained how an enclave is defined in Florida Statute; and moreover, there is a provision within Florida Statutes that allows cities and counties to enter into an interlocal agreement (JPA Agreement), which allows annexations to eliminate enclaves. She further stated it is very inefficient for the County to collect trash and provide other services in an area that is already being serviced by the city with more efficient services and use of taxpayer dollars. Deanne Claiborne thanked them for their very thorough explanations; however, she stated by reducing this enclave, they have created two. Assistant City Attorney Crosby-Collier responded that Florida Statutes does state that enclaves should be reduced; however, this is not creating two enclaves, because it is reducing one enclave. Deanne Claiborne asked what type of park would be developed on this site and where would the access be. City Planner Rumer said there is only one access to which Deanne Claiborne said then the access would be down her driveway easement. She asked whether it could be a skateboard park. City Planner Rumer said it could be an active or passive park. Chair Keller explained the City Commission would have to answer that question; and further, an active or passive park is the only description they could give right now. Member Lomneck said at this point the Board cannot deal with a hypothetical of whether this would be a skateboard park. He asked if the requirements for annexation and rezoning have been met to which City Planner Rumer answered in the affirmative. Deanne Claiborne stated it is her understanding of Florida Statutes Section 171.043 and Section 171.044 that the City has not met the requirements. She thanked the Board for their time and stated her preference is that the City retain the property that has the drainage problem and sell off the remainder of the property to be another rural-community home. Vice-Chair Williams stated this is a good time for the adjacent homeowners to speak with their City Commissioner as well as attend the upcoming public hearing where this project will be heard before the City Commission. City Planner Rumer stated the first reading of ordinance will be held Tuesday, September 17, 2019, and the second reading of ordinance public hearing will be held Tuesday, October 1, 2019 at 6:15 or soon thereafter. The public hearing was closed. (7:25 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 8815 Hackney Prairie Road Annexation; Proiect No: AX-06-19-84, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Lomneck, Seconded by Vice-Chair Williams; motion passed unanimously. Planning&Zoning Commission August 13,2019 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 8815 Hackney Prairie Road Rezoning; Project No: RZ-19-06-09, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Mellen. Member Lomneck inquired whether the City has a general agricultural land use or not. City Planner Rumer said the City has a zoning designation of general agricultural, but not a future land use designation of general agricultural. After discussion, the motion passed unanimously. D. Request for Variance — Chaudhry Property, 1108 East Silver Star Road; Project No: VR-19-02. (Advertised in the West Orange Times on Thursday, August 1, 2019) (Zoning Manager Gajadhar) (7:20 pm) Zoning Manager Gajadhar gave a brief overview of what a variance is and the requirements they must find in order to recommend approval of a variance. He stated a variance is a relief of terms of a zoning ordinance for the height, area or size of a structure or yard and open spaces. He stated the criteria that is required in order to grant a variance is as follows: 1. Should not conflict with public interests. 2. Enforcement of the variance ordinance will result in unnecessary and undue hardship. 3. It is considered on a case-by-case basis. Zoning Manager Gajadhar continued and presented a PowerPoint explaining this variance request in which the applicant is seeking approval for a minimum required lot width variance from 70 feet to 65.56 feet in order to meet the City of Ocoee Single-Family Dwelling (R-1) zoning requirements. The Ocoee R-1 has a minimum lot size of 7,000 square feet and a minimum lot width of 70 square feet. Currently the property lot width is 65.56 square feet, and this requested variance is to allow for a minimum lot width of 65.56 square feet. He further stated this variance is valid, because the parcels adjacent to the north of this property have been annexed into the city with lot widths of 50 square feet; and further, the subject lot size is 9,260 square feet, which exceeds the minimum lot size for R-1 zoning. If approved, the variance will allow for construction of a single-family home similar to the adjacent surrounding lots. He stated staff does not object to approving this variance. City Planner Rumer advised he wished to share some background on this project. He stated single-family homes are currently being built narrower and deeper. He indicated the City worked with the applicant to draw a lot line, which would have one lot meet the zoning criteria with the other lot exceeding the zoning criteria in lot size, but not the lot width. City staff is comfortable with requesting this variance with the surrounding area and meeting building codes. 8 Planning&Zoning Commission August 13,2019 Development Review Committee(DRC) Recommendation: On August 6th, 2019, the DRC met to determine if the requested variance to the lot was consistent with the City's regulations and intent for the sale of land. The Development Review Committee voted unanimously to recommend approval of the variance to the minimum required lot width. Staff Recommendation: Staff respectfully recommends that the Planning & Zoning Commission recommend approval of a variance to the minimum required lot width from 70 feet to 65.56 feet at 1108 E. Silver Star Rd. owned by Nasim Chaudhry,subject to completion of staff comments. Discussion: Board members had no questions or comments. 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. (7:24 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend approval to the Ocoee City Commission for the Chaudhry Property, 1108 East Silver Star Road; Project No: VR-19-02, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Lomneck; motion passed unanimously. V. MISCELLANEOUS (7:24 pm) A. Project Status Report City Planner Rumer updated the Board with the following: • Staff is currently working on the Planning Department section of the website where all preapplication meetings, Development Review Committee meetings, and projects under review will be listed with associated maps. He hopes this will be completed by the next meeting. • The City's GIS Department is currently working on a digital map where the projects will pop up with associated agendas and projects on the website. • He will be attending the International Shopping Center Conference in Orlando during August 25th—27tH • Member Wunderlich stated he saw the land is clearing west of Maguire and adjacent to the Turnpike. City Planner Rumer stated that is the 90-unit townhome development with an adjacent commercial development. • Member Wunderlich commented the Top Gun facility really stands out. City Planner Rumer said it will clean up really well. Member Lomneck asked how the Waffle House is doing. City Planner Rumer said it is coming soon, as our city is the next one on the list. 9 Planning&Zoning Commission August 13,2019 • Member Wunderlich asked if any tenants have been announced on the site where the Colony Plaza used to be. City Planner Rumer indicated the first two shell buildings are complete. To date, there are two internal build-outs: (1) Vitality Bowl and (2) Pacific Dental. Additional tenants are being announced at the conference next month in Orlando. There has been an air-conditioning plan for a Tijuana Flats, but no build-out has come forth as of yet. The entire parcel has been cleared, the liens are paid off; and depending on the size, there is potential for six more buildings. • Member Wunderlich asked about Ocoee Village. City Planner Rumer said he met with Mr. Parrot today, and this development was ready to receive the FDOT permit, but now the City is working with the Central Florida Expressway Authority concerning the land they own in the front; and further, there is a drainage issue on the front of the property. A preconstruction meeting will be taking place soon. B. August Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Mellen; motion passed unanimously. VI. ADJOURNMENT - 7:31 pm ATTEST: APPROVED: athy Hea d, Recording Clerk •e K-Iler, Chair 10