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HomeMy WebLinkAbout02-11-2020 Minutes 1 \1,4or Ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, February 11, 2020 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 (7.•00 arrival), Member Jason Mellen, Member Rodger Wunderlich, Alt. Member Lou Forges Also Present: Development Services Director Mike Rumer, Assistant City Attorney Dana Crosby-Collier, Recording Clerk Kathy Heard II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held December 10, 2019. (6:32 pm) Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by Member Wunderlich; Motion carried unanimously with Member Lom neck absent. III. OLD BUSINESS - None 1 Planning&Zoning Commission February 11,2020 IV. NEW BUSINESS — Public Hearings (6:32 pm) A. Request for Variance — Cortes Property, 717 Misty Maple Street, Project No: VR-19-07. (Advertised in the West Orange Times on Thursday,January 30, 2020) (Zoning Manager Gajadhar) Development Services Director Rumer gave a brief presentation about the subject property located at 717 Misty Maple Street, Lot 61 of the Forest Lakes Estates Subdivision, which is a newer subdivision comprised of 278 single-family homes. The applicant, William Cortes-Colon, is requesting approval of a variance in order to relocate his existing six-foot-high privacy fence seventeen(17)feet from the property line versus the required twenty(20)foot minimum. The City of Ocoee Land Development Code (LDC) requirements for residential fencing only allows fences greater than four (4) feet, but no greater than six (6) feet high, to be placed a minimum of fifteen (15) feet from the property line in the front side yard of corner lots. If the adjacent lot is rear-to- side as this lot is, then the front yard setback is also required on both frontages, which is twenty (20) feet for the subject property. Development Review Committee(DRC) Recommendation: This item does not go before the DRC. Staff Recommendation: Based on the findings stated above and the requirements of Ocoee LDC Article V, Chapter 5-4, Section I, staff does not find the variance requested by the applicant as supportable. Staff recommends that any decision be conditioned on factual interpretation of code requirements and public testimony related to such provisions, should the Planning and Zoning Commission make a finding consistent to staff. Discussion: The applicant was present for questions. Vice-Chair Williams asked for clarification on the location of the additional three feet. Development Services Director Rumer explained the requested additional three feet is on the street side that abuts the neighbor's side yard. Mr. William Cortes-Colon,Applicant, explained his variance request is to build a long jump in his backyard for sport training purposes. (6:45 pm) 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. Development Services Director Rumer commented that staff will look into the LDC fence regulations, because it seems a lot of fence issues are arising with homes on smaller lots. He indicated going forward he will question new subdivisions showing rear-to-side lots. 2 Planning&Zoning Commission February 11,2020 Member Wunderlich asked if there is a park nearby where this type of sport training can take place. Development Services Director Rumer said that would be up to the developer or HOA. Member Mellen expressed concerns with placing the fence within the utility easement. Development Services Director Rumer explained the location of the fence is not within the utility easement. Chair Keller read the following: According to Chapter 4-9 A., the variance application/applicant must demonstrate: (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. (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. (6:54 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of the Request for Variance for the Cortes Property, 717 Misty Maple Street, Project No: VR-19-07, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Wunderlich; Motion passed 3-2 with Member Mellen and Alt. Member Forges opposing. B. West Oaks Self-Storage/Office, Shoppes of West Oaks, 9000 West Colonial Drive,Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP); Project No: RZ-20-01-01. (Advertised in the West Orange Times on Thursday, January 30, 2020) (Development Services Director Rumer) (6:57 pm) Development Services Director Rumer gave a brief presentation of this proposed PUD/LUP for The Shoppes at West Oaks PD, which is located on the south side of West Colonial Drive (SR 50) approximately 580 feet west of the Good Homes Road intersection. The subject site is zoned C-2 (Community Commercial) and is approximately 4.10 acres in size. The parcel contains parking, drive isles, and a vacant pad next to the Aldi Grocery Store. The applicant is requesting a Planned Unit Development (PUD) zoning in order to allow for a four-story office, retail, and climate- controlled self-storage facility. There will also be included within the footprint a small addition to the Aldi Store. The proposed facility will retain all existing improvements and will fit on the vacant pad. The first floor (ground level) will consist of a 2,700 square foot addition to the Aldi Grocery Store,provide 7,300 square feet of retail space along the front, and contain climate-controlled self- storage with drive-under access for loading/unloading. The second- and third-story floors will contain climate-controlled self-storage. The fourth-story floor will consist of 34,332 square feet of office space and climate-controlled self-storage. The entire climate-controlled self-storage is 100,396 square feet. The overall development has four(4) access points, sufficient parking, cross- access parking, and depth to allow a four-story building and not look out of character. 3 Planning&Zoning Commission February 11,2020 (Member Lomneck arrived at 7.:00 pm) Development Review Committee(DRC)Recommendation: The Development Review Committee (DRC) met on February 4, 2020, and reviewed the PUD Rezoning and Land Use Plan. There was some discussion on existing water, sewer and fire lines. When the discussion was finished, the DRC voted to unanimously recommend approval of the PUD Rezoning and Land Use Plan, subject to the resolution of the remaining staff comments. Staff Recommendation: Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the PUD Rezoning and Land Use Plan for Shoppes at West Oaks PD. Discussion: The applicant/engineer was present for questions. Vice-Chair Williams said she is trying to visualize what a four-story building would look like there. Development Services Director Rumer commented that the maximum height requirement in a commercial zone is 45 feet. Member Mellen commented whether the comprehensive plan can account for another storage facility, because currently there are six storage facilities within a three-mile radius. He stressed this site could be better utilized and in line with what the community really wants. (6:58 pm) Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. Bryan Potts, P.E.,Applicant/Engineer, 2494 Rose Spring Drive, Orlando, stated he agrees with city staff He also agreed that there are a lot of self-storage facilities in the area; however, the property owner believes this will be different due to the retail/commercial on the first floor in the front. (7:06 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the West Oaks Self- Storage/Office, Shoppes of West Oaks, Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP); Project No: RZ-20-01-01, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Lomneck, Seconded by Vice-Chair Williams; motion carried unanimously. 4 Planning&Zoning Commission February 11,2020 C. West Orange Medical Center, 3442 & 3462 Old Winter Garden Road — Annexation & Rezoning to Planned Unit Development (PUD)/Land Use Plan (LUP); Project No(s): AX-04-19-80 & RZ-19-04-03. (Advertised in the West Orange Times on Thursday, January 30, 2020) (Development Services Director Rumer) (7:07 pm) Development Services Director Rumer presented the proposed annexation and rezoning to PUD for two parcels that are approximately 1.21 acres in size and located on the south side of Old Winter Garden Road, east side of Blackwood Avenue. They are both currently used as single- family residences. The subject site parcel identification numbers are 29-22-28-0000-00-036 &29- 22-28-0000-00-028, and are both currently zoned "Orange County" A-1 (Rural/Agriculture). The applicant is proposing to rezone the property to Planned Unit Development (PUD) in order to develop a 14,646 square foot medical and professional office complex on 1.21 acres. The applicant is requesting that the PUD allow a front setback of fifty(50) feet, side setbacks of ten(10) feet and a rear setback of 44.5 feet. Potable water will be provided by the City of Ocoee via a 12-inch PVC water main on the north side of Old Winter Garden Road, and reclaimed water is available via a 6-inch PVC to be tapped in the median of Old Winter Garden Road. The closest sanitary connection is a private 4-inch force main running on the south side of the Old Winter Garden right- of-way. The owners will have to coordinate with the owners of the Citrus Medical and Executive Park to connect to this private force main. Stormwater management will be provided through a combination of surface retention and exfiltration. The approval of the PUD does not designate stormwater requirements. Parking is being provided with 59 parking spaces meeting a ratio of one (1) space for every 250 square feet of office space. Landscape buffers on the front, side and rear will be provided. Since the proposed office use is located adjacent to existing single-family dwellings to the south and west, a six-foot wall is required. Development Review Committee (DRC) Recommendation: The Development Review Committee (DRC) met on Thursday, February 6, 2020. The DRC made a recommendation of approval for the Annexation and Rezoning to PUD. Staff Recommendation: Staff recommends that the Planning &Zoning Commission acting as the Land Planning Agency recommend approval of the proposed Annexation and Rezoning to Planned Unit Development (PUD). Discussion: The applicant was present for questions. Member Wunderlich inquired if this site is adjacent to Gotha. Development Services Director Rumer answered it is not adjacent to Gotha, but Gotha is nearby. Alternate Member Forges inquired about sanitary connection. Development Services Director Rumer explained the closest sanitary connection is with the Citrus Medical and Executive Park. The owner will have to make arrangements to obtain a utility easement, and coordinate with the Executive Park in order to connect there. 5 yi { Planning&Zoning Commission February 11,2020 Chair Keller asked about the location of the elevator and where the stairs are. Development Services Director Rumer explained this will all be available when they see the plans. John Nehmatallah, Applicant, Lam Engineering, 1320 West Pine Street, Orlando, explained they are currently looking at the one-story plans,but the two-story plans have an elevator and stairs. He showed the two-story plan and explained where the entrance, elevator and stairs are located. He further stated they will be showing the sewer connection in the final plans. 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. (7:17 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the West Orange Medical Center, 3442 & 3462 Old Winter Garden Road Annexation; Project No(s): AX-04-19-80, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Wunderlich, 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 West Orange Medical Center, 3442 & 3462 Old Winter Garden Road Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP); Project No: RZ-19-04-03, 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. D. Ocoee Village Center Planned Unit Development (PUD) - Substantial Amendment to the PUD; Project No: RZ-19-10-11. (Advertised in the West Orange Times on Thursday, January 30, 2020) (Development Services Director Rumer) (7:18 pm) Development Services Director Rumer presented the proposed amendment to the Ocoee Village Center PUD,which is located on the north side of Clarcona Ocoee Road and east of SR 429, South of Clarcona Ocoee Road and east of N. Lakewood Avenue, and east of the intersection of Fullers Cross Road and N. Lakewood Avenue. The site is located within the SR 429 Interchange Village Character Area. The project received the approval for a rezoning to PUD and the PUD Land Use plan(PUD/LUP)on April 16,2019.The original plan included the development rights for a mixed- use community that will include 150,000 square feet of Commercial, 196 unit townhomes, and 316 apartment units (Allure). The applicant is proposing a Substantial Amendment to the Ocoee Village Center PUD in order to increase the townhome development from 196 unit townhomes to 232 units, and the apartments portion from 316 units to 320 units. Since the project's previous approval, the applicant has come to terms on contracts for the commercial, townhomes, and apartment builder (NRP). The commercial is not proposing to change at this time. However, due to fine tuning of the building placement and type, additional units were created that fit within the previous footprints shown on the plan, which requires an amendment to the PUD. The townhome builder(Park Square) and applicant have changed the layout of the townhome subdivision, which 6 1 Planning&Zoning Commission February 11,2020 created 36 more townhome units, and provided an additional public road access to the west. Both of these changes require amending the PUD. Member Wunderlich asked if this specific increase will require another traffic study. 1 Development Services Director Rumer answered in the affirmative, but it will be minimal as it will only be an update to the current study. Vice-Chair Williams asked whether the school capacity numbers will be affected. Development Services Director Rumer explained the number of students will increase; however, apartments j and townhomes generate less students than single-family homes. Alternate Member Forges asked whether the initial plan met Orange County school capacity. Development Services Director Rumer answered they had to mitigate for capacity; however, since the change in the law, that mitigation is no longer valid. Development Review Committee (DRC) Recommendation: On February 10, 2020, the DRC met to determine if the proposed Substantial Amendment to the Ocoee Village Center PUD/LUP was consistent with the City's regulations and intent for the character area. The Development Review Committee voted unanimously to recommend approval of the Amendment to the Ocoee Village Center PUD. Staff Recommendation: Staff respectfully recommends that the Planning & Zoning Commission recommend approval of the Substantial Amendment to the Ocoee Village Center PUD Land Use Plan (PUD/LUP). Discussion: Richard Wohlfarth,Applicant, 1642 Bridgewater Dr., Lake Mary, indicated he agrees with staff; however, the apartments are increasing by only four(4) units, from 316 to 320. 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. (7:33 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Ocoee Village Center Planned Unit Development (PUD) - Substantial Amendment to the PUD; Project No: RZ-19-10-11, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Lomneck; motion carried unanimously. I Planning&Zoning Commission February 11,2020 E. Ocoee Village Center PUD - "Allure at Ocoee Village Center" Preliminary/Final Large Scale Subdivision Plan; Project No: LS-2019-007. (Advertised in the West Orange Times on Thursday, January 30, 2020) (Development Services Director Rumer) (7:33 pm) Development Services Director Rumer announced this item is being continued to the March 10, 2020 Planning & Zoning Commission Meeting. (6:58 pm) Motion: Move to Continue the Ocoee Village Center PUD "Allure at Ocoee Village Center" Preliminary/Final Large Scale Subdivision Plan to the March 10, 2020 Planning and Zoning Commission Meeting; Moved by Vice-Chair Williams, Seconded by Member Lomneck; motion carried unanimously. V. MISCELLANEOUS - (7:23 pm) A. Project Status Report City Planner Rumer updated the Board with the following: • The Waffle House is nearing completion. • The Top Gun Allstars of Orlando Gym on Bluford Avenue is very busy with busses dropping off cheerleaders from all around the world. B. February Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Lomneck, Seconded by Member Wunderlich; motion passed unanimously. VI. ADJOURNMENT - 7:36 pm ATTEST: APPROVED: _ "4/ ,e1/1/ athy H-:rd "ecording Clerk ,.,"'Joel Keller, Chair 8