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HomeMy WebLinkAbout08-11-2020 Minutes Ocoee Iorldo MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, August 11, 2020 I. CALL TO ORDER - 6:30 pm A. Invocation and Pledge of Allegiance Development Services Director Rumer announced Member Williams has expressed that she will be appearing by Webex, which is currently live. She has not logged in as of yet, but she may later in the meeting. B. Roll Call and Determination of Quorum Present: Chair Joel Keller, Vice-Chair Brad Lomneck, Member Lou Forges, Member Jason Mellen, Alternate Member Jerry T. Lowe Absent: Member Lavon Williams (Absent/Excused) 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 and recognized Commission Oliver in the audience. Chair Keller announced the following, "All interested parties are invited to be heard during the public hearing portion of this meeting. Due to the current State of Emergency regarding COVID- 19, this meeting is closed to the public; however, the City requests the public to call or email comments and/or questions to 407-554-7118 or citizens@ocoee.org." II. CONSENT AGENDA A. Minutes of the Planning&Zoning Commission Meeting held July 14, 2020. (6:33 pm) Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by Vice-Chair Lomneck; Motion carried unanimously with Member Williams absent. 1 Planning Sc Zoning Commission August 11,2020 III. OLD BUSINESS - None IV. NEW BUSINESS —Public Hearings (6:33 pm) A. Brown Property, 213 Bay Street— Annexation & Rezoning; Project No(s): AX-01-20-87 & RZ-20-05-04. (Advertised in the West Orange Times on Thursday,July 30, 2020) (Development Services Director Rumer) Planner Hines presented a brief overview of this proposed annexation and rezoning, which is located at 213 Bay Street, approximately 700 feet South of W. McKey Street. The parcel is approximately 0.30 acres, has one (1) existing Single-Family Residence. The property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the south, east, and west; and further, it is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The applicant is annexing into the City limits as a condition to receive city potable water connection, which will rezone the property from"Orange County"R-1A(Single Family)to"City of Ocoee"R-1A(Single Family). This is the last enclave in this vicinity. Development Review Committee (DRC) Recommendation: On August 4, 2020, 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 Brown 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"R-1A (Single Family) to "City of Ocoee"R-1A (Single Family)of the property known as the Brown Property. Discussion: The Board had no comments and/or questions. The applicant was not present for questions. (6:36 pm) Chair Keller opened the public hearing. The Board waited three minutes for the public to email or call in for the Public Hearing. Recording Clerk Heard announced no emails and/or telephone calls were received. Chair Keller closed the public hearing. 2 Planning&Zoning Commission August 11,2020 (6:39 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Brown Property, 213 Bay Street Annexation; Project No.: AX-01-20-87, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Lomneck, Seconded by Member Mellen; motion carried unanimously with Member Williams absent. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Brown Property, 213 Bay Street Rezoning; Project No.: RZ-20-05-04, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Lomneck; motion carried unanimously with Member Williams absent. B. Comfort Inn/Mainstay Suites, 11409 West Colonial Drive — Preliminary/Final Large Scale Site Plan; Project No.: LS-2020-007. (Advertised in the West Orange Times on Thursday,July 30, 2020) (Zoning Manager Gajadhar) (6:41 pm) Zoning Manager Gajadhar presented a brief overview of this proposed preliminary/final large scale site plan,which is located on the north side of West Colonial Drive(SR 50),on the southeast side of Marshall Farms Road and is approximately 208 feet east from the intersection of both roads. The property is approximately 3.17 acres in size with an Ocoee Future Land Use designation of "Commercial". The requested "Commercial — Hotel" use is consistent with the Future Land Use element and zoning(C-2)district. The project is comprised of three parcels,two that were recently annexed and rezoned into the City of Ocoee, and then reconfigured to become the individual subject parcel, which is now in discussion. The Preliminary/Final Site Plan is a joint project consisting of a six-story,75,000 square foot, 120- room Comfort Inn and Mainstay Suites hotel, and a one-story restaurant to be developed in phase two of the project at a future time. As shown on the Preliminary/Final Site Plan, the facility will have two access points, one on West Colonial Drive, and the other off Marshall Farms Road. Water, sanitary sewer, reclaimed water(when available), solid waste, and police & fire protection will all be provided by the City of Ocoee. Stormwater retention will be provided on-site and constructed by the applicant as part of the project. The applicant has requested waivers from the Land Development Code for the maximum building height, front building setback, minimum parking space requirement, maximum pond side slope, and drive aisle width. The waiver to the building height is to allow a maximum of six-stories in lieu of the four stories required by code for a Community Commercial (C-2)zoning district, which would also promote a more urbanized development. To further promote the urban feel, the applicant is proposing a 20-foot front building setback in lieu of the required 50-foot setback. This waiver request is intended for a one-story restaurant separate to the hotel building, which is to be developed at a future date. The hotel and restaurant will be of single ownership with joint use parking. Because there are varying peak parking demand times between a hotel and restaurant,the 3 Planning&Zoning Commission August 11,2020 applicant is requesting the 137 required parking spaces be reduced to 133 to take into consideration this single ownership joint use ability. A waiver request to the pond side slope from a 5:1 to a 3:1 ratio is due to the location's detention area being designed with steeper side slopes to minimize impact to the adjacent wetland areas.Lastly,due to the limited width of the parcel and the wetlands to the north, a reduced drive isle of 22 feet is requested on just one row of the parking, versus the required 24 feet. Development Review Committee (DRC) Recommendation: On Thursday, May 7, 2020, the DRC met to determine if the proposed Preliminary/Final Large Scale Site Plan was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the Preliminary/Final Large Scale Site Plan, pending staff comments. Staff Recommendation: Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Large-Scale Site Plan for Comfort Inn—Mainstay Suites. Discussion: Vice-Chair Lomneck asked if the waivers are included in the site plan and whether this will be coming back before them. Zoning Manager Gajadhar said the waivers are included in the final site plan; and if approved, this will not be coming back before them. Tom Files,Applicant,2302 SE 15`h Street, Ocala, and John Yu, Owner, 1514 Lake Whitney Drive, Windermere, were present for questions. Vice-Chair Lomneck asked if the restaurant will be a fast food or a sit-down. Mr. Files stated it will be a sit-down restaurant. Member Forges asked about the height of the building being at six-stories and whether there were any similar buildings in Ocoee. Development Services Director Rumer indicated the hospital is eight stories as well as City Center; however, this parcel is located nearby Target Area 1, which has a height limit of 12 stories. Chair Keller asked if the reduction of parking spaces would affect handicap spaces to which Zoning Manager Gajadhar answered in the negative. Member Mellen asked about the property to the north. Mr. Files indicated that property owner was concerned about water and may annex into the city soon to be able to use city water. (6:53 pm) Chair Keller opened the public hearing. The Board waited three minutes for the public to email or call in for the Public Hearing. Recording Clerk Heard announced no emails and/or telephone calls were received. Chair Keller closed the public hearing. 4 Planning&Zoning Commission August 11,2020 (6:57 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, 11409 West Colonial Drive— Preliminary/Final Large Scale Site • Plan; Project No.: LS-2020-007; Moved by Vice-Chair Lomneck, Seconded by Member Forges; motion carried unanimously with Member Williams absent. C. Public School Facilities Element Large Scale Comprehensive Plan Text Amendment, Project No.: CPA-2020-002. (Advertised in the West Orange Times on Thursday,April 30, 2020, and Continued from the May 12, 2020 Meeting)(Development Services Director Rumer) Development Services Director Rumer presented a PowerPoint explaining this proposed amendment, which would remove the requirement for a Capacity Enhancement Agreement between the City and Orange County Public Schools (OCPS), which was adopted in 2008 and amended in 2010. Presently, any requested Comprehensive Plan Amendment and/or rezoning within the City that entails a proposed increase in residential density must undergo a capacity review by OCPS. If there is insufficient capacity at an impacted elementary, middle, and/or high school,the prospective developer and OCPS must enter into a Capacity Enhancement Agreement (CEA). These agreements typically include provisions requiring the pre-payment of impact fees, a timing mechanism, and payment of a"capital contribution", in addition to school impact fees. House Bill 7103, signed into law on June 28, 2019, and effective as of July 1, 2019, now requires a credit against school impact fees on a dollar-for-dollar basis for any such contribution. This credit, in essence, means OCPS would not receive any additional monies to mitigate the impacts of additional students generated by the increased residential density.As such, at the June 23,2020, School Board meeting, OCPS issued a Declaration Relating to the HB 7103 Impact on School Overcrowding Mitigation (the"Declaration"). That Declaration declares that OCPS will no longer enter into CEAs,but will only certify whether school capacity exists. Therefore,any project which was required to apply for a CEA on or after July 1, 2019, is on hold. Currently, there are a total of 18 projects, countywide, and one (1) within the City of Ocoee (Ocoee Village Center) that have been placed on hold since July 1, 2019. To resolve the present impasse, staff from Orange County and other municipalities within Orange County are proposing amendments to Public Schools Facilities Elements to help rectify the situation. That policy currently prohibits the City from approving any developer-initiated Comprehensive Plan amendment or rezoning that would increase residential density, for which OCPS has not certified that school capacity exists or for which a CEA has not been executed. If the proposed text amendment is approved,the amended policy will require City staff, in its review of any developer-initiated Comprehensive Plan amendment or rezoning petition that would increase residential density, to seek input from OCPS regarding the existence of sufficient school capacity at the public schools that would serve the development. In cases in which sufficient capacity is not available in the affected school(s), OCPS would provide information to the City on the severity of the overcrowding and the timing of the availability of the needed capacity to accommodate the proposed development. 5 Planning&Zoning Commission August 11,2020 Since the CEA process has been removed, the City of Ocoee under a new process for joint multi- jurisdictional approval on projects that affect capacity of schools,will have the discretion to weigh school overcrowding and timing of school capacity in its decision to approve or deny developer- initiated Comprehensive Plan Amendments or rezonings that would increase residential density. Proposed Amendment(Strikethrough is deleted. Underline is new): Objective 1.3, Policy 1.3.1: When reviewing a developer-initiated Comprehensive Plan amendment or rezoning that would otherwise increase residential density on property that is not other w iee vested, the City shall seek input from until such time as OCPS has determined as to whether sufficient school capacity will exist concurrent with the development or a capacity enhancement agreement o ecuted that provides for If OCPS indicates there is insufficient capacity in the affected schools, the City may take into consideration the severity of the overcrowding and the timing of the availability of the needed capacity to accommodate the proposed development when deciding whether to approve or deny the requested Comprehensive Plan amendment or rezoning. If adopted, this proposed amendment to Object 1.3, Policy 1.3.1, will provide for continued cooperation between the City and OCPS to address the issues of school overcrowding while f, allowing for the development of additional housing for Orange County's growing residential population. Development Review Committee(DRC)Recommendation:This item does not go before the DRC. Staff Recommendation:Staff recommends the Local Planning Agency recommend Transmittal of Amendment CPA-2020-002. Discussion: Member Forges asked what happens to the impact fees to which Development Services Director Rumer answered they stay the same. (7:11 pm) Chair Keller opened the public hearing. The Board waited three minutes for the public to email or call in for the Public Hearing. Recording Clerk Heard announced no emails and/or telephone calls were received. Chair Keller closed the public hearing. (7.'15 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning F• Agency, recommend to the Ocoee City Commission Transmittal of the Public School Facilities Element Large Scale Comprehensive Plan Text Amendment, Project No.: CPA-2020-002, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Lomneck, motion carried unanimously with Member Williams absent. 6 Planning&Zoning Commission August 11,2020 V. MISCELLANEOUS - (7:1 s pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • An update on the CLRM project with regards to aligning the entrance with Damon Road. • Announced several projects that are currently in development: Aurora (55+ apartment community), Inspiration (townhomes & commercial), Sonny's, Vermeer site, Greens at Forest Lake (townhomes), Ciara (townhomes). The City is receiving a lot of phone calls from developers looking at sites off of the 429. • Announced the CityCommission did not approve the Firestone at Ocoee Landings. PP g B. August Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Vice- Chair Lomneck, Seconded by Member Mellen; motion passed unanimously with Member Williams absent. VI. ADJOURNMENT - 7:21 pm } ATTEST: APPROVED: lee Kathy ard, ecording Clerk el K ler, Chair gkg { 7 yxP qgG 9