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HomeMy WebLinkAbout03-10-2020 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, March 10, 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 Lou Forges, Member Brad Lomneck, Member Jason Mellen Absent: None Also Present: Development Services Director Mike Rumer, Zoning Manager Kiel Gajadhar, Assistant City Attorney Dana Crosby-Collier, Recording Clerk Kathy Heard II. CONSENT AGENDA A. Minutes of the Planning &Zoning Commission Meeting held February 11, 2020. (6:31 pm) Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by Member Lomneck; Motion carried unanimously. III. OLD BUSINESS - None 1 Planning&Zoning Commission March 10,2020 IV. NEW BUSINESS — Public Hearings (6:31 pm) A. Request for Variance — Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08. (Advertised in the West Orange Times on Thursday, February 27, 2020) (Zoning Manager Gajadhar) The subject property is Lot 86 of the Forest Lake Estates PUD comprising of 278 single-family homes. The Parcel Identification Number (PIN) is 05-22-28-2854-00-860. The Applicant, Kimberly Crisp, is requesting approval of a variance for a six-foot high privacy fence ten (10) feet from the property line versus the required twenty (20) foot minimum. This particular property is a rear-to-side lot. The City of Ocoee Land Development Code (LDC) requirements for residential fencing, Ocoee LDC Article V, Chapter 5-4, Section I, 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. This requirement is contingent upon the adjacent lot being located rear-to-rear with the corner lot. The adjacent lot to the subject property is rear-to-side. If the adjacent lot is rear-to-side, then the front yard setback is also required on both frontages, which is twenty (20) feet. The fence is existing and was installed without proper permitting, and does not meet the side street setback. 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. Kimberly Crisp, Applicant, indicated her fence has been in place for two years. She stated she has a notarized affidavit from her next door neighbor who has no objection to the current location of the fence. She is requesting for the fence to remain in its current location. Member Lomneck asked if Member Forges is her neighbor, and she indicated in the affirmative. Member Mellen stated he can see there is no obstruction of view from where the fence currently sits. Kimberly Crisp followed up by stating her house is in the back of the subdivision, and the fence does not obstruct any views when going around the corner. Vice-Chair Williams clarified that the Homeowner's Association approved the fence, but a permit was not pulled. Kimberly Crisp answered in the affirmative, and apologized for not knowing a permit is required. Vice-Chair Williams asked whether there is a special reason why 2 Planning&Zoning Commission March 10,2020 she placed the fence where it currently is. Kimberly Crisp answered that is where the Homeowner's Association approved it to go. Vice-Chair Williams summarized the situation and asked Ms. Crisp if she had the fence drawn up, then submitted it to the HOA to which the HOA then approved the fence? Kimberly Crisp answered in the affirmative. Member Forges declared a conflict as he is the adjacent neighbor, and he will be abstaining from the vote. Chair Keller read the variance guidelines as outlined below. 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. - No special conditions and circumstances exist, which are peculiar to the land or existing structure, as indicated on the aerial and location map attached. The fence is an existing fence, and was installed without a building permit. (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. - The applicant is subject to the same regulations and rights as other properties with similar conditions under the existing zoning designation and Land Developmental Code (LDC). The applicant can construct a 6-foot high privacy fence on the side front yard of the property while still meeting the 20-foot minimum privacy fence setback for corner lot homes that are rear to side with the neighboring lot. (3) That the special conditions and circumstances do not result from the actions of the applicant. - As a planned neighborhood consisting of 278 single family homes, all special conditions and circumstances were resolved prior to the city granting final site approval. There are no special conditions and/or circumstances pertaining to the property. (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. - Granting a variance to the applicant will allow for other properties to apply for relief of the required setback for privacy fences. The granting of this variance will confer special privileges to the applicant that are not currently granted to other lands, structures, or required subdivision improvements under similar conditions as shown on the location and aerial maps. (6:39 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. Member Lomneck questioned the outcome of the variance that came before them at the last meeting. Zoning Manager Gajadhar explained the last variance that was before them. 3 Planning&Zoning Commission March 10,2020 (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 Request for Variance — Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Member Mellen; motion died for lack of a second. (6:41 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 — Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Vice-Chair Williams; motion died for lack of a second. (6:42 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of a 17-Foot Variance for the Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Member Lomneck, seconded by Vice-Chair Williams; Member Mellen stated the adjacent neighbor does not have an issue, the fence was already approved by the HOA who is responsible for the development and should have known the permitting process and what is and is not acceptable. He believes the homeowner is not at fault. Vice-Chair Williams disagreed stating she believes it is the responsibility of the homeowner to know and understand the codes and regulations concerning their property; and further, there is fault with the HOA for not checking the regulations as well. Her concern is this request does not meet any of the criteria and definitions for a variance, which can result in setting incorrect standards for future variance requests that do not meet variance guidelines. Chair Keller stated the issue is the lot is a side-to-back lot instead of a back-to-back lot, and believes this is a special circumstance. Member Lomneck withdrew his motion and seconded Vice-Chair Williams motion. The motion was restated. (6:47 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 — Crisp Property, 1286 Dusty Pine Drive, Project No: VR-19-08, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Vice-Chair Williams, Seconded by Member Lomneck; motion failed 2-2 with Chair Keller and Member Mellen opposing and Member Forges abstaining. Member Forges commented that the Planning and Zoning Commission supersedes the decision of Homeowner's Associations; and further, the homeowner's associations have guidelines, but the associations do not make zoning decisions. 4 Planning&Zoning Commission March 10,2020 (6:52 pm) B. Ocoee Village Center PUD - "Townhomes" Preliminary/Final Site Plan; Project No: LS-2019-005. (Advertised in the West Orange Times on Thursday, February 27, 2020) (Development Services Director Rumer) C. Ocoee Village Center PUD - "Southeast Commercial" Preliminary/Final Small Scale Site Plan; Project No: LS-2019-009. (Advertised in the West Orange Times on Thursday, February 27, 2020) (Development Services Director Rumer) D. 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, February 27, 2020 and continued from the February 11, 2020 P&Z Meeting) (Development Services Director Rumer) • Development Services Director Rumer announced this item is being continued and will be re- advertised; and further, 300-foot notices will be mailed out again. Discussion ensued about Senate House Bill 1066, which is currently in the House. Chair Keller opened the public hearing for all three Ocoee Village Center items collectively and asked if there was anyone present who wished to speak on the proposed projects. As no one wished to speak, the public hearing was closed. (6:55 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, continue and re-advertise the Ocoee Village Center PUD Preliminary/Final Site Plans; Moved by Vice-Chair Williams, seconded by Member Mellen: motion passed unanimously. V. MISCELLANEOUS - (6:56 pm) A. Project Status Report Chair Keller updated the Board with the following: • Notified that past Member Rodger Wunderlich resigned from the board after the meeting adjourned last month. He thanked Mr. Wunderlich for volunteering his time and his diligent work on this board. • Notified the FDOT turnpike widening meeting is happening tonight at the Lakeshore Center until 7:30 pm. 5 Planning&Zoning Commission March 10,2020 Development Services Director Rumer updated the Board with the following: • The applicant for the Crystal Investments project provided a condition that the second story will not have any windows in the back. • Certificate of Occupancy was granted to the Waffle House and Dollar Tree. • Lennar Homes and Briar Construction are starting the work on the Clarke Road extension, which will lead up to W. McCormick Road. • Some final documents for the downtown land development criteria as well as an update on the SR 429 exit at Plant Street for realignment will be discussed at some upcoming meetings. • A legislative update will be addressed at the next meeting. • Main Street at City Center is being finished to Blackwood, and the foundations for City Center are currently under construction. • Ocoee Landings PUD was explained. • Sonny's application site plan is coming in this week. B. March Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Lomneck, Seconded by Member Mellen; motion passed unanimously. VI. ADJOURNMENT - 7:05 pm q1 ATTEST: APPROVED: � A�60�4 I// { Kathy a d, Recording Clerk oel ell r, hair { 6 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAI GAD RESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 7oX �6 , VVHI I SERVE ISA UNIT OF: 'K CI COUNTY 6I' ❑COUNTY ❑OTHER LOCAL AGENCY V (i /si v �[e 4 �`/., n NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED (/ //D/P MY POSITION IS: ❑ ELECTIVE P4PPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. • IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, , hereby disclose that on , 20 : (a)A measure came or will come before my agency which (check one or more) k/ inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Ne1doo Y\e i V 0c ( \1Oci0Q ). If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signa 400 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.