HomeMy WebLinkAbout10-12-2021 Minutes ocoee
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MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, October 12, 2021
I. CALL TO ORDER- 6:30 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Chair Lomneck, Vice-Chair Mellen, Member Forges, Member Kennedy, Alternate
Member Keller
Absent: Member Williams
Also Present: Development Services Director Rumer, Zoning Manager Whitfield,Assistant City
Attorney Opsahl, Recording Clerk Heard
IL CONSENT AGENDA
A. Minutes of the Planning&Zoning Commission Meeting held September 14, 2021.
(6:32 pm)
Motion for Approval of the Consent Agenda: Moved by Vice-Chair Mellen, Seconded
by Member Keller Motion carried unanimously with Member Williams absent.
III. OLD BUSINESS -None
IV. NEW BUSINESS—Public Hearings
A. Variance Request for Cataldo at 1910 Shari Lynn Terrace; Project No: VR-21-04.
(Advertised in the West Orange Times on Thursday, September 30, 2021)
Zoning Manager Whitfield presented a brief overview of the variance requested at 1910 Shari
Lynn Terrace, which is zoned R-1 Single-Family Dwelling. The applicant is requesting a rear
setback reduction from the minimum 25 feet to 10 feet for an existing shed that is proposed to be
converted to an accessory dwelling, which is approximately 10.5 feet from the rear property line.
Section 5-6B of the Land Development Code(LDC)states that accessory structures for the housing
of persons, such as guest houses and garage apartments, shall not be located in any required yard.
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Planning&Zoning Commission
October 12,2021
The required minimum rear yard setback is 25 feet, and the existing accessory structure that is
proposed to be converted to an accessory dwelling is approximately 10.5 feet from the rear property
line. Therefore,the applicant is requesting a rear setback reduction from the minimum 25 feet to 10
feet. The accessory dwelling being proposed is a two-story, 472 SF, one bedroom small efficiency.
She stated staff is recommending approval of this variance for the conversion of the existing shed
into an accessory dwelling.
Discussion:
The Board had no comments or questions.
The applicant was present for questions.
The Public hearing was opened.As no speaker forms were received, the public hearing was closed.
Vice-Chair Mellen asked what is located behind the current shed, and whether there needs to be
land for future utilities. Development Services Director Rumer indicated there is a pond adjacent
in the back, and utility easements are located in the front of homes.
Member Forges inquired if another structure could be built in this same spot if this structure was
destroyed. Development Services Director Rumer explained, if for some reason this structure
was demolished, they can rebuild in the same footprint. They are not allowed to build another
structure due to the requirement to maintain 50% max impervious area.
Member Kennedy asked what the reasoning is between the setback of the shed and the house.
Development Services Director Rumer explained the setbacks and how staff came to their
conclusions.
Chair Lomneck read the following into the record.
According to Article VI, Section 4-9.A, the 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.
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Planning&Zoning Commission
October 12,2021
(6:47 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 Cataldo at 1910 Shari Lynn Terrace; Project No: VR-21-04, based on factual
interpretation of the code requirements, as presented by staff, and public testimony
related; Moved by Vice-Chair Mellen, Seconded by Member Keller motion carried
unanimously with Member Williams absent.
B. Arya Offices—Small Scale Comprehensive Plan Future Land Use Map Amendment
and Rezoning to Professional Offices and Services District; Project No(s): CPA-2021-
003 & RZ-21-07-27. (Advertised in the West Orange Times on Thursday, September 30,
2021)
Zoning Manager Whitfield explained this item was brought before them at the September 14th
meeting; however, it came to staff s attention that not all of the adjacent properties were notified.
So this item was noticed and re-advertised.
Zoning Manager Whitfield presented a brief overview of 868 Roberson Road, which is located
on the north side of Roberson Road, east of the Tomyn Boulevard (Windermere Road) and
Roberson Road roundabout. The subject property consists of 10.47 acres, and approximately 2.45
acres are wetlands/flood zones. These areas and their associated upland buffers will not be
developed, but rather will be dedicated to the City. The property was recently approved for a
Preliminary/Final Site Plan for a four-story 203,000 SF, 142-unit Independent Living(55+)Facility
with the entrance driveway/main access point at Roberson Road.
The applicant is proposing to develop medical offices in the remaining 1.94 acres of land in the
southwest corner of the subject property. In order for medical offices to be permitted, the land
requires a future land use designation of Professional Offices and Services (P-S) and a zoning
classification of P-S (Professional Offices and Services). Therefore, the applicant is requesting to
amend the future land use designation of the 1.94 acres from Low Density Residential (LDR) to
Professional Offices and Services (P-S), which would rezone the 1.94-acre portion from R-IAA to
P-S. Water, sanitary sewer, reclaimed water (when available), solid waste and police & fire
protection will all be provided by the City of Ocoee.
Discussion:
The Board had no comments or questions.
The applicant was present for questions.
The Public hearing was opened.As no speaker forms were received, the public hearing was closed.
(6:51 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Arya Offices Small
Scale Comprehensive Plan Future Land Use Map Amendment; Project No: CPA-
2021-003, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Kennedy, Seconded by Vice-Chair Mellen;
motion carried unanimously with Member Williams absent.
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Planning &Zoning Commission
October 12,2021
(6:52 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Arva Offices
Rezoning to Professional Offices and Services District; Project No: RZ-21-07-27,
subject to resolution of the remaining staff comments before the City Commission meeting;
Moved by Member Kennedy, Seconded by Member Keller motion carried unanimously
with Member Williams absent.
C. 409 Ocoee Apopka Road PUD Large Scale Preliminary/Final Site Plan; Project No: LS-
2021-005. (Advertised in the West Orange Times on Thursday, September 30, 2021)
Development Services Director Rumer presented a brief overview of the proposed Large Scale
Preliminary/Final Site Plan,which is located on the east side of Ocoee Apopka Road,approximately
540 feet north of the intersection of West Silver Star Road and Ocoee Apopka Road. The subject
site is approximately 4.76 acres in size and currently undeveloped.
The applicant is proposing two (2) buildings with a maximum square footage of 61,400. A 29,000
SF building with a retail front and rear delivery access at grade height will be the project's focal
point. The second building of up to 32,000 SF will include available dock heights. A ROW
dedication of up to 30 feet is being provided. No waivers have been requested. Utilities will be
provided by the City of Ocoee via a 12-inch water main on the east side of Ocoee Apopka Road
and an extension of the sewer from the west side of Ocoee Apopka. Parking is provided via surface
lot with 80 typical parking spaces and additional parking in between buildings. Stormwater
management will be provided onsite.Landscape buffers on the front and rear sides will be provided.
Since the proposed Office use is located adjacent to existing single-family dwellings, a six (6) foot
wall and landscaping are required on the rear.
Discussion: •
The Board had no comments or questions.
The applicant was present for questions.
The Public hearing was opened As no speaker forms were received, the public hearing was closed
(6:58 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the 409 Ocoee Apopka
Road PUD Large Scale Preliminary/Final Site Plan; Project No: LS-2021-005, subiect
to resolution of the remaining staff comments before the City Commission meeting; Moved
by Vice-Chair Mellen, Seconded by Member Forges; motion carried unanimously with
Member Williams absent.
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Planning&Zoning Commission
October 12,2021
D. LDC Amendment to Chapter 180, Articles II and V-Mobile Food Dispensing Vehicles—
House Bill (HB) 1193. (Advertised in the West Orange Times on Thursday, September 30,
2021)
Zoning Manager Whitfield presented a brief overview of the proposed House Bill 1193 regarding
mobile food dispensing vehicles,which was signed into law on June 29,2021 and became effective
on July 1, 2021, amending Section 509.102, Florida Statutes (F.S.), to preempt the regulation of
licenses, registrations, permits, and fees relative to mobile food dispensing vehicles (MFDV) (i.e.
food trucks) to the State.
The Land Development Code, in Section 5-8.B(4), currently prohibits in all zoning districts "the
use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any
goods are sold or stored, any services are performed, or other business conducted without special
permission of the City Commission." Since issuance of licenses, permits, and fees are preempted
to the State, and since MFDVs must be allowed somewhere within the City, staff recommends
treating them as an accessory use/structure,and allowing them within the commercial and industrial
zoning districts.
Zoning Manager Whitfield explained the pros and cons for the City, and said staff is
recommending one(1) amendment to Article II and two (2) amendments to Article V. She outlined
the proposed new language in the ordinance.
Discussion:
Development Services Director Rumer explained what is currently stated in the LDC with regard
to sales from trailer vehicles, and Florida law states food trucks must be allowed. He further
explained where food trucks are sometimes located throughout the city.
Vice-Chair Mellen stated a great place for food trucks is in front of Toll Road Brewery; however,
the food trucks are in the front setback of the business. Development Services Director Rumer
concurred, and stated that business has a double-frontage lot, which needs to be considered. Vice-
Chair Mellen asked whether food trucks will be permitted under this proposed ordinance at the
Toll Road Brewery. Development Services Director Rumer stated they will be permitted once
the double-frontage is added.
•
Chair Lomneck asked why alcohol is prohibited, and Development Services Director Rumer
explained it creates problems with nearby schools and churches; however, maybe someday that
issue can be looked into, but currently the businesses that sell alcohol have to apply for a special
permit.
Member Forges questioned why grassy areas are not allowed, and Development Services
Director Rumer explained the land may not be stable enough; however, business owners can meet
with city staff if they have an issue.
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Planning&Zoning Commission
October 12,2021
Chair Lomneck inquired if hotdog carts and barbeque smokers are listed as mobile food trucks,
and Zoning Manager Whitfield answered in the affirmative.
Member Kennedy inquired how long a truck can be on a site before it is in violation, and Zoning
Manager Whitfield explained the ordinance states that food trucks have to work within the hours
of the business, and they cannot park overnight. Discussion ensued regarding the working hours of
the food trucks.
Chair Lomneck recommended the City establish a food truck zone or some type of platform to
welcome food trucks to the city in a specific area like the new downtown development area.
The Public hearing was opened.As no speaker forms were received, the public hearing was closed.
(7::27 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the LDC Amendment
to Chapter 180, Articles II and V, Mobile Food Dispensing Vehicles, House Bill (HB)
1193; and further, direct staff to add double-frontage lots, and advise the City
Commission to consider adding food truck zones, or a type of food truck platform
to the new downtown vicinity, subject to resolution of the remaining staff comments
before the City Commission meeting; Moved by Vice-Chair Mellen; Motion died for lack
of a second.
Discussion ensued regarding the hours of operation for the food trucks.
Vice-Chair Mellen voiced he is not concerned with the hours of operation. He is concerned with
the City notifying businesses, which currently have food trucks on their premises, that they are no
longer allowed to have the food trucks on their property. Development Services Director Rumer
clarified that the City would only be enforcing location, parking, and other limitations outlined in
the ordinance.
(7:37 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the LDC Amendment
to Chapter 180, Articles II and V, Mobile Food Dispensing Vehicles, House Bill (HB)
1193; and further, direct staff to add double-frontage lots, and advise the City
Commission to consider adding food truck zones or a type of food truck area within
the new downtown/City Hall area, subject to resolution of the remaining staff comments
before the City Commission meeting; Moved by Member Kelleri
Chair Lomneck explained his reference to a "food truck zone," which he believes would be
beneficial around the new City Hall. Member Keller commented Food Truck Fridays had a
designated area for food trucks.
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Planning&Zoning Commission
October 12,2021
Assistant City Attorney Opsahl clarified the motion, which was to recommend approval to the
City Commission with a caveat that staff also recommend to the City Commission to designate food
trucks to an area within the new downtown vicinity.
Vice-Chair Mellen asked to amend the motion to recommend that staff research the financial
impact to local businesses that already host food trucks. Chair Lomneck commented he did not
believe that is feasible, because there really is no way to research a private company's financials.
After discussions, Vice-Chair Mellen withdrew his amendment.
Seconded by Vice-Chair Mellen; motion carried unanimously with Member Williams
absent.
E. LDC Amendment to Chapter 180, Articles II and V-Home-Based Businesses House Bill
(HB) 403. (Advertised in the West Orange Times on Thursday, September 30, 2021)
Zoning Manager Whitfield presented a brief overview of the proposed House Bill 403 for Home-
Based Businesses which was signed into law on June 29, 2021, and became effective as of July 1,
2021, amending Section 559.955, Florida Statutes (F.S.), to restrict local governments from
enacting or enforcing any ordinance,regulation or policy, or take any action to license or otherwise
regulate a home-based business, except in accordance with Section 559.955, F.S. Home-based
business regulations currently existing in Section 2-4(154),Article II as a definition, and in Section
5-17, Article V, as development standards.
Zoning Manager Whitfield explained the pros and cons for the City, and said staff is
recommending two (2) amendments to Article II and eight (8) amendments to Article V. She
outlined the proposed new language in the ordinance.
Discussion:
The Public hearing was opened.As no speaker forms were received, the public hearing was closed.
Development Services Director Rumer explained the new revisions that this law will make
pertaining to parking, signage and fences.
Member Keller asked what type of screens are required. Development Services Director Rumer
explained this new law states that screens are now required on all sides of a fenced yard to conceal
heavy equipment. Chair Lomneck recommended adding a condition to require six-foot opaque
screening on all sides to conceal heavy equipment.
(8:00 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the LDC Amendment
to Chapter 180, Articles II and V, Home-Based Businesses House Bill (HB) 403; and
further, add a condition to revise the term "screening" to mean "six-foot opaque
screening" on all sides of the fencing to conceal heavy equipment, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Vice-Chair Mellen, Seconded by Member Forges; motion carried unanimously with
Member Williams absent.
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Planning&Zoning Commission
October 12,2021
F. Comprehensive Plan Amendment to Update Capital Improvements Element and Five-
Year Schedule of Capital Improvements. (Advertised in the West Orange Times on
Thursday, September 30, 2021)
Zoning Manager Whitfield announced, with a revision in the legislation in 2011, a CPA number
is no longer required to update the Capital Improvement Element. She presented a brief overview
of the Capital Improvement Element(CIE)of the City of Ocoee Comprehensive Plan,and explained
it 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. The
CIE is required to include a Schedule of Capital Improvements (Schedule) which incorporates
publicly and privately funded projects necessary to ensure that the adopted level of service
standards are achieved and maintained. The Schedule shall cover at least a 5-year period. Section
163.3177(3)(b), F.S., requires that the City review, modify and update the Schedule and Capital
Improvements Element on an annual basis. This annual update may be accomplished by ordinance,
and may not be deemed to be an amendment to the local comprehensive plan under Section
163.3184,F.S.
Discussion:
The Board had no questions or comments.
The Public hearing was opened.As no speaker forms were received, the public hearing was closed.
(8:09 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Comprehensive
Plan Amendment to Update the Capital Improvements Element and the Five-Year
Schedule of Capital Improvements, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Member Keller, Seconded by
Member Kennedy; motion carried unanimously with Member Williams absent.
Chair Lomneck complimented Zoning Manager Whitfield saying the City has had a lot of great
zoning managers, but she is by far the best the City has had.
V. MISCELLANEOUS - (8:09 pm)
A. Project Status Report
Development Services Director Rumer updated the Board with the following:
• LDC updates are forthcoming regarding Airbnb criteria,tiny houses and fences.
• Comprehensive plan amendments are forthcoming regarding text and data analysis.
• Foundations for the parking garage for City Center are in place.The City is currently
reviewing the foundation for the building.
B. October Calendar- No updates
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Planning&Zoning Commission
October 12,2021
Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by
Member Keller, Seconded by Vice-Chair Mellen; motion carried unanimously with
Member Williams absent.
VI. ADJOURNMENT - 8:12 pm
ATTEST: APPROVE D
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