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HomeMy WebLinkAbout11-10-2020 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, November 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 Brad Lomneck, Member Lou Forges, Member Jason Mellen, Member Lavon Williams, Alternate Member Jerry T. Lowe Absent: None Also Present: Development Services Director Mike Rumer, City Attorney Scott Cookson, Recording Clerk Kathy Heard Chair Keller announced the following, "City Hall is open to the public; however, attendance inside the Ocoee Commission Chambers is limited to accommodate social distancing and is subject to change based on the Governor's Executive Order. Any interested party is invited to be heard during the public comments and public hearing portion of the meeting. The public may also 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 October 13, 2020. (6:30 pm) Motion for Approval of the Consent Agenda: Moved by Vice-Chair Lomneck, Seconded by Member Mellen; Motion passed unanimously. III. OLD BUSINESS - None 1 Planning&Zoning Commission November 10,2020 IV. NEW BUSINESS — Public Hearings (6:32 pm) A. Request for Variance — Rullo Property, 622 Roberts Rise Drive, Project No: VR-20-02. (Advertised in the West Orange Times on Thursday, October 29, 2020) (Zoning Manager Gajadhar) Development Services Director Rumer explained the subject property is located at 622 Roberts Rise Drive. The Orange County Property Appraiser Parcel Identification Number is 17-22-28- 7501-00-090. The applicant is requesting approval of a variance to install a six (6) foot high privacy fence up to the front property line versus the required setback of 25 feet.The City of Ocoee Land Development Code (LDC) requirements for residential fencing, Article V, Chapter 5-4 Section I, allows fences greater than four(4) feet,but no greater than six(6) feet high,to be placed a minimum 25 feet from the front yard property line. The Roberts Rise subdivision was recently awarded funds from the City of Ocoee Neighborhood Matching Grants Program, formerly known as the Most Valuable Partnership Awards(MVP).The funds were awarded to erect a solid fence within the City's right-of-way to reduce foot and vehicular traffic from gaining access to the neighborhood.Approval of this variance request would allow a six (6) foot fence to connect directly to the fence proposed in the right-of-way. He further explained the neighbors on the other side of the road recently requested the same variance of installing a six (6) foot high privacy fence, which was approved by the City Commission with conditions. 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. (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). (3) That the special conditions and circumstances do not result from the actions of the applicant. As a planned neighborhood consisting of 26 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 2 Planning&Zoning Commission November 10,2020 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. Development Review Committee(DRC)Recommendation: The DRC does not review variances. Staff Recommendation: Based on the findings stated above and the requirements of Ocoee LDC, Article V, Chapter 5-4, Section I, staff is unable to support the variance request. 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. The Board had no questions or comments. Chair Keller opened the public hearing. Recording Clerk announced no emails and/or telephone calls were received. Chair Keller stated as no telephone calls or emails were received, the public hearing was closed. (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 Request for Variance — Rullo Property, 622 Roberts Rise Drive, Project No: VR-20-02; and further, place a condition that if it needs to be removed within five years, the City will pay for the removal; however, after that five-year period the cost of the removal is the applicant's responsibility, based on factual interpretation of the code requirements, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Lomneck, Seconded by Member Williams. City Attorney Cookson advised the Board that they need to state the factual basis or the reasons why they are recommending to grant the variance. Chair Keller announced the Board is recommending the City Commission grant this variance due to the circumstances and uniqueness of the property. Member Forges stated the lot that was previously approved was subject to the homeowner inserting something into the public records that the fence can be taken down at some point if necessary.Development Services Director Rumer stated the letter will state the condition,which will be submitted with the building permit and stay with that permit file forever. Member Williams read the motion that was previously made at the last meeting regarding a similar variance request from the adjacent neighbors, "The approval matches the language of the Neighborhood Matching Grant that was awarded to the Roberts Rise HOA; wherein, if the fence 3 Planning&Zoning Commission November 10,2020 must be removed within the first five years,the City would bear the costs."Development Services Director Rumer agreed that is the stipulation;however,there will need to be a reason for removal, which will be approved by the City Commission. Vice-Chair Lomneck amended the motion to include what Development Services Director Rumer said. Original Motion with Amendment: 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 — Rullo Property, 622 Roberts Rise Drive, Project No: VR- 20-02; and further, place a condition that if it needs to be removed within five years, the City will pay for the removal which will require a valid reason for removal and approval by the City Commission; however, after that five-year period the cost of the removal is the applicant's responsibility, based on factual interpretation of the code requirements, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Lomneck, Seconded by Member Williams; motion passed unanimously. B. Capital Improvements Element—Amendment Addition of the Fiscal Years 2020/2021 — 2024/2025 Capital Improvements Program. (Advertised in the West Orange Times on Thursday, October 29, 2020) (Development Services Director Rumer) Development Services Director Rumer explained the Capital Improvement Element(CIE)of the City of Ocoee Comprehensive Plan is a requirement of Chapter 163, Florida Statutes (FS), and enables the implementation of the Plan goals,objectives,and policies that need capital funding for a 5-20 year planning horizon.Each year,the table section of the CIE will be updated to ensure that the adopted list of capital projects in the CIE matches the City's newly adopted fiscal year budget and approved five year Capital Improvements Program (CIP). The CIE does not propose any new projects not previously reviewed and approved by the Commission. He addressed that there are currently two different projects listed with the widening of Clarke Road, which entails the full widening of Clarke Road from A.D. Mims Road to Clarcona Ocoee Road, and a smaller portion to be widened if the full widening is unable to be completed. The Florida Legislature enacted legislation allowing the adoption of the annual amendment to the CIE to be accomplished with a single public adoption hearing.Additionally, State Statute no longer requires a copy of the Ordinance to be transmitted to the Florida Department of Economic Opportunity (FKA: Department of Community Affairs "DCA"). Therefore, adoption of this Ordinance is final in its form and content. 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 4- Fiscal Years 2020/2021 —2024/2025 Capital Improvements Program. 4 4 Planning&Zoning Commission November 10,2020 {. Discussion: The Board had no questions or comments. Chair Keller opened the public hearing. Recording Clerk announced no emails and/or telephone calls were received. Chair Keller closed the public hearing. (6:48 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 — Amendment Addition of the Fiscal Years 2020/2021 — 2024/2025 Capital Improvements Program; Moved by Member Mellen, Seconded by Vice-Chair Lomneck; motion passed unanimously. V. MISCELLANEOUS - (6:49 pm) t A. Project Status Report Development Services Director Rumer said there are no new projects to discuss tonight. Chair Keller announced that City Attorney Cookson is present tonight and inquired when the new assistant city attorney will be attending the meetings. City Attorney Cookson said Assistant City Attorney Logan Opsahl will be present with f him at the next meeting. B. November Calendar - No updates Motion: Move to adiourn the Planning and Zoning Commission meeting; Moved by Member Williams, Seconded by Member Forges: motion passed unanimously. VI. ADJOURNMENT - 6:50 pm ATTEST: APPROVED: /i// F • 1ath._irry i\a"//rY Recording Clerk el Ke er, air fi 5 of 0