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HomeMy WebLinkAbout12-10-2019 Minutes Ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, December 10, 2019 I. CALL TO ORDER - 6:28 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, Alternate Member Lou Forges Absent: None Also Present: Development Services Director Mike Rumer, Zoning Manager Kiel Gajadhar, Planner Gregory Hines, Assistant City Attorney Dana Crosby-Collier, Recording Clerk Kathy Heard Chair Keller welcomed Lou Forges as an alternate member and explained the alternate member will only be able to vote when a regular member is absent or has declared a conflict, but may participate in discussions. II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held November 12, 2019. (6:31 pm) Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by Member Lomneck; Motion carried unanimously. 1 Planning&Zoning Commission December 10,2019 III. OLD BUSINESS A. Request for Variance — Rotondo Property, 101 East Orlando Avenue, Project No: VR-19-05. (Advertised in the West Orange Times on Thursday, October 31, 2019 and continued from the November 12, 2019 P&Z Meeting) (Zoning Manager Gajadhar) Zoning Manager Gajadhar presented a brief overview of this proposed variance on the Rotondo property, which is located at 101 East Orlando Avenue, just south of the Ocoee Elementary School. The applicant is requesting approval for a minimum required lot width variance from 85 feet to 79.69 feet as part of a proposed lot split, which will result in three (3) lots; one with a width of 101.2 feet, the second with a width of 85 feet, and the subject lot, with a width of 79.69 feet. The lot split will be approved based on a commitment by the owners to deed a portion of the property to the City as a dedicated right-of-way. Adjacent parcels to the south and west are approximately 75 feet width on average. The subject property exceeds the 10,000 square feet minimum lot size for R-1AAA zoning with approximately 18,958 square feet of space. The surrounding properties are zoned as "R-1A, R-1AA, and R-1AAA" Single-Family Dwellings, with some having a lot width of 75 feet. Granting a 79.69 feet minimum lot width variance to the applicant will allow for construction of a single-family dwelling on the property. No special conditions and circumstances exist which are peculiar to the land or existing structure. If a lot width variance is not granted, the applicant will not meet zoning requirements in order to build a single-family residence leaving the parcel undeveloped while all surrounding parcels consist of a single-family residence. Development Review Committee(DRC)Recommendation: On November 6, 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 85 feet to 79.69 feet at 101 E. Orlando Ave. owned by Angelo and Donna Rotondo, subject to completion of staff comments. Discussion: The applicant was present for questions. Scott Banta, Applicant, 97 Hickory Tree Road, Longwood, thanked the board for allowing him to speak, and said he has enjoyed working with staff. He concurred with the staff report, and explained they bought a 33-foot long strip at the southern end of the property through a tax deed from Orange County and will be dedicating 20 foot of right-of-way to the City in the front. Zoning Manager Gajadhar mentioned there is a 25 foot difference along the south parcels to which the City would be granted a 25 foot right-of-way. 2 Planning&Zoning Commission December 10,2019 Member Mellen asked whether the information provided this time is correct. Mr. Banta answered in the affirmative and indicated that the survey was revised a few times, but it is now correct and in its final form. 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. (6:38 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Variance Request for Rotondo Property, 101 East Orlando Avenue, Project No: VR-19-05, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Williams; motion carried unanimously. IV. NEW BUSINESS —Public Hearings A. Comfort Inn/Mainstay Suites, 11401 W. Colonial Drive, Annexation and Rezoning; Project No(s): AX-11-19-85, RZ-19-11-13. (Advertised in the West Orange Times on Thursday, November 28, 2019) (Planner Hines) Planner Hines presented a brief PowerPoint on this proposed annexation and rezoning, which consists of two (2) parcels that are generally located to the north of State Road 50, south and east of Marshall Farms Road, and west of Maguire Road. Parcel 19-22-28-0000-00-007 has one (1) existing structure, and Parcel 19-22-28-0000-00-008 is vacant. The Applicant is annexing into the City limits as a condition to receive City potable water connection and benefits. The subject properties are considered contiguous to the City of Ocoee since they are bordered by property located within the City limits on the west. 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 parcels will receive a "C-2" (Community Commercial) zoning upon annexation, because C- 2 allows for hotels. Most of the surrounding area is C-3 (Commercial). Both of the 2.3 acres are consistent with the City's regulations and future land use map (FLUM). Discussion: The applicant's representative was present for questions. Tom Files, General Contractor/Owner's Representative, 2302 SE 15`h Street, Ocala, indicated they are excited to hopefully move forward with this development, which is proposed to be an extended stay and limited service hotel with a minimum of 120 guest rooms. The Board had no comment or questions. 3 Planning&Zoning Commission December 10,2019 Development Review Committee(DRC)Recommendation: On Tuesday, December 3, 2019, the DRC met to determine if the proposed annexation and rezoning were 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 Comfort Inn-Mainstay Suites 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 for parcel 19-22-28-0000-00-008 from "Orange County" A-1 (Rural/Agricultural) to "City of Ocoee"C-2 (Community Commercial) and parcel 19-22-28-0000- 00-007 from "Orange County" (General Commercial) C-2 to "City of Ocoee" (Community Commercial) C-2 of the property known as the Comfort Inn—Mainstay Suites. (6:43 pm) Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. Jay Lake, 726 Magnolia Street, Windermere, indicated the property adjacent to the north is owned by his family trust. He explained there currently is a single-family home on that parcel and is concerned about the low lying land with regard to rainfall and asked if there is enough space for this development. He inquired if this gets approved, can he annex in their property, because he does not like the water, which is from a rusty well. Development Services Director Rumer explained the developer acquired the parcel to the north for a secondary access onto Marshall Farms Road. That particular parcel is wetlands. The developer intends to build in the middle of the southern parcel adjacent to West Colonial Drive. He advised Mr. Lake his property is adjacent to the City of Ocoee and is eligible for annexation. Chair Keller further explained the criteria for annexations. Development Services Director Rumer indicated no structure will be next to their parcel. Member Mellen asked if mitigation will need to be done on the wetlands. Development Services Director Rumer answered in the affirmative, and indicated that any wetland encroachment will be mitigated through St. Johns River Water Management District. The public hearing was closed. (6:49 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Comfort Inn/Mainstay Suites, 11401 W. Colonial Drive, Annexation; Project No: AX-11-19- 85, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Lomneck, Seconded by Member Mellen; motion carried unanimously. 4 Planning&Zoning Commission December 10,2019 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Comfort Inn/Mainstay Suites, 11401 W. Colonial Drive, Rezoning; Prosect No: RZ-19-11-13, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Lomneck; motion carried unanimously. B. Crystal Investment Plaza, 1414 E. Silver Star Road - Substantial Amendment to the Planned Unit Development/Land Use Plan (PUD/LUP); Project No: RZ-19-10-12. (Advertised in the West Orange Times on Thursday, December 27, 2018) (Zoning Manager Gajadhar) (6:50 pm) Zoning Manager Gajadhar presented a PowerPoint that explained this proposed substantial amendment to the PUD/LUP on 1414 E. Silver Star Road, which is located on the northwest corner of Silver Star Road and Ridgefield Avenue. This subject site is currently vacant and approximately 1.73 acres. In 2008 this parcel was rezoned from a Planned Unit Development (PUD) to an Assisted Living Facility (ALF); however, the ALF did not work out, and the developer is now requesting to rezone from an ALF to a PUD/LUP for a two-story office building with a total floor area of 18,000 square feet. The first floor will consist of 9,000 square feet of commercial retail, while the second floor will consist of 9,000 square feet of professional offices. The facility will have access on Silver Star Road and Ridgefield Avenue. The Silver Star Road access is through a shared cross-access provided by the adjacent property to the west. Additionally, the applicant will be dedicating a 20-foot wide tract of land to the City of Ocoee along Silver Star Road. As shown on the Land Use Plan, there is a 25-foot wide buffer zone on the north side, which will consist of a six-foot high brick wall and landscaping. On the west side there is a 10-foot wide buffer landscaping. Water, sanitary sewer, reclaimed water (when available), solid waste and police and fire protection will all be provided by the City of Ocoee. Development Review Committee(DRC)Recommendation: On December 3, 2019, the DRC met to determine if the requested substantial PUD/LUP amendment was consistent with the City's regulations and future land use plan. Upon discussion, the Development Review Committee voted unanimously to recommend approval of the substantial amendment to the Planned Unit Development/Land Use Plan (PUD/LUP). Staff Recommendation: Based on the details discussed, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the proposed substantial amendment to the Planned Unit Development/Land Use Plan (PUD/LUP)by Crystal Investments for 1414 E. Silver Star Rd. Discussion: The applicant was not present. 5 Planning&Zoning Commission December 10,2019 Member Mellen mentioned he is concerned about the traffic in the area and asked if there are any accommodations set in place to widen Silver Star in the future. Zoning Manager Gajadhar advised there is a 20 foot right-of-way dedication in the front of this parcel on Silver Star, and the secondary access will be off of Ridgefield Avenue. Development Services Director Rumer stated Silver Star Road is a State road and the City has no jurisdiction. The State currently has a plan to widen Silver Star in the future. He explained through this proposed PUD there will be no direct access onto the site; however, access will be from an existing intersection, and a right-of-way dedication will be provided as well as a turn lane. Vice-Chair Williams asked for clarification as to why this change is being requested. Development Services Director Rumer explained that the developer was unable to make the ALF work with the number of beds that are required; therefore, they are searching for another type of establishment. He further explained if this is amended to a PUD, the City will have some control as to what can be placed there. Member Mellen asked if the City will have control over what type of store will be allowed to be placed on this site. Development Services Director Rumer explained if the building fits within the footprint and does not modify access locations, yes. (7:05 pm) Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. Valerie Powell, 510 Ridgefield Avenue, Ocoee, indicated they live in Brentwood, adjacent to the north of this subject property. She is concerned about the building being two-story, and the tenants being able to look down onto their property. She asked if it is two-story, can they be forbidden to install windows on the back side of the building so that the homes can retain their privacy. She further spoke about traffic on Silver Star and a concrete median on Ridgefield, which may impede vehicles taking a left onto this site. Zoning Manager Gajadhar responded that the proposed site currently shows a two-story building, but the prior plans reflect a one-story. He indicated it may be possible for the developer to modify the windows on the back of the building. Development Services Director Rumer explained the Land Use Plan (LUP) and the conditions of approval of the Planned Unit Development (PUD) create the zoning; and further, this Board can create conditions to any recommended approvals they make. Discussion ensued concerning the Brentwood sign/median regarding access on and off this site. Member Wunderlich asked if this is approved by the City Commission, will it come back to this board for further action. Development Services Director Rumer replied only if the underground stormwater fails or if it needs substantial changes. Member Mellen indicated he understands growth is coming and this parcel will be developed at some point, but believes a two-story building does not fit in this area. 6 Planning&Zoning Commission December 10,2019 Vice-Chair Williams explained she believes the timing of this development is not appropriate, because of traffic and access issues and suggested more thought needs to go into this; or, she emphasized, perhaps it is a simple yes or no, because of it being a small scale amendment. Development Services Director Rumer explained the small scale is only a process where the building size is under 25,000 square feet and does not require public meetings. Member Lomneck inquired if the ALF was approved with the same right-of-ways to which Development Services Director Rumer answered in the affirmative; and further, explained this has already passed the engineering review, but conditions can be placed on the architecture such as windows. Chair Keller reminded the Board that they only make recommendations; and further, the City Commission does not have to approve their recommendations. He further asked whether there may be a possibility that the City and owner could come to an agreement to do something with the Brentwood island so no U-turns need to be made. Development Services Director Rumer answered in the affirmative. Member Mellen said he wants to place a condition that it has to be single story. Alternate Member Forges discussed the site adjacent to the east of this parcel indicating that a developer attempted to build a two-story building on that site at which time there were conditions with regards to the windows on the second floor when it was approved. However, the building never came to fruition. Development Services Director Rumer said he was correct. The public hearing was closed. Member Wunderlich asked if the applicant has indicated that they would consider a one-story building to which Development Services Director Rumer answered in the negative. Vice-Chair Williams indicated her main concern is timing; however, she will recommend approval with the condition the building is built as a one-story. (7:24 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Crystal Investment Plaza, 1414 E. Silver Star Road - Substantial Amendment to the Planned Unit Development/Land Use Plan (PUD/LUP); Prosect No: RZ-19-10-12, with an added condition that the building not exceed one-story, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Lomneck. Amended Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Crystal Investment Plaza, 1414 E. Silver Star Road - Substantial Amendment to the Planned Unit Development/Land Use Plan (PUD/LUP); Proiect No: RZ-19-10-12, adding a condition that the building not exceed one-story; and further, adding a second condition to install a cut-through in the Brentwood median on Ridgefield Avenue for left-turn movement; Moved by Member Mellen, Seconded by Member Lomneck. 7 Planning&Zoning Commission December 10,2019 Development Services Director Rumer interjected and explained after looking further into the drawings, he does not believe a cut-through will be required, but suggested keeping the motion as is with adding the left-turn movement. Assistant City Attorney Crosby-Collier asked if Vice-Chair Williams accepted the amended motion. Vice-Chair Williams accepted the amendment to the motion. After brief discussion, motion carried unanimously. C. Capital Improvements Element (CIE) Amendment to the Fiscal Years 2019/2020 — 2023/2024 Capital Improvements Program (CIP). (Advertised in the West Orange Times on Thursday, November 28, 2019) (Development Services Director Rumer) (7:30 pm) Development Services Director Rumer presented a brief overview of this proposed amendment. The Capital Improvements Element (CIE) is basically a forecast of projects scheduled over the next five (5) years that promote and assist the City's vision for the next 20 years, which includes the addition of Fiscal Years 2019/2020—2023/2024 Capital Improvements Program (CIP). Municipal and county governments adopt Capital Improvements Programs yearly as part of their regular course of action, which enables them to plan for future projects five (5) years out with the funding they require. He indicated this Five (5) Year Capital Improvement Program (CIP), attached as Exhibit A, was recently adopted by the City during their budget hearing this year. He explained at this point in time the board can make suggestions, but they are not allowed to revise or add anything as that should have been done during the City's budget process. Development Review Committee(DRC)Recommendation: This Item does not go before the DRC. Staff Recommendation: Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency { (LPA), recommend adopting an Ordinance amending the Capital Improvements Element of the City of Ocoee Comprehensive Plan that includes the addition of the Fiscal Years 2019/2020 — 2023/2024 Capital Improvements Program. 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. Discussion: Member Mellen asked if the city needs three (3) tennis courts. Chair Keller said the courts are at Tiger Minor Park where there are a lot of players; and further, explained if more tennis courts are added, the City can make money on tennis tournaments. Development Services Director Rumer said Pickleball courts can be made out of tennis courts, which is a very popular sport. Member Mellen asked how the figures are calculated. Development Services Director Rumer explained they are a very educated estimate from current construction costs with inflation added. 8 Planning&Zoning Commission December 10,2019 (7:35 pm) • Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Capital Improvements Element (CIE) Amendment to the Fiscal Years 2019/2020 — 2023/2024 Capital Improvements Program (CIP), subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Lomneck , Seconded by Member Wunderlich; motion carried unanimously. V. MISCELLANEOUS A. Project Status Report City Planner Rumer asked if anyone has any questions. • Vice-Chair Williams mentioned she spoke with some residents who live by the Dunkin' Donuts where the Dollar Tree is going in. She stated Dollar Tree has received some negative publicity recently in the media about their storage management with regards to attracting rodents and bugs. She asked if there is anything put in place to prevent the improper storage of merchandise that may attract rodents, bugs, and other critters in that area. Development Services Director Rumer said it is not permissible to have outdoor merchandise or store carts outside; however, there will be an enclosed dumpster. He further explained the PUD with regard to retail and residential. (Member Wunderlich stepped away from the dais.) Chair Keller announced a retirement farewell to Ken Goldberg, who is the Broadcast Engineer for Ocoee TV. This is his last P&Z meeting with the City after 21 years of broadcasting. B. December Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Mellen, Seconded by Member Lomneck; motion passed 5-0 with Member Wunderlich away from the dais. VI. ADJOURNMENT - 7:45 pm ATTEST: APPROVED: 7 .. i- /7-100,frC fel , dp/ ./ Kathy He rd, Recording Clerk . J6e1 K1 r, Chair 9