HomeMy WebLinkAbout03-08-2022 Minutes ocoee
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, March 8, 2022
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 Williams, Member
Kennedy, Alternate Member Keller
Absent: None
Also Present: Development Services Director Rumer, Zoning Manager Whitfield, Assistant City
Attorney Drage, Recording Clerk Heard
II. CONSENT AGENDA
A. Minutes of the Planning &Zoning Commission Meeting held January 11, 2022.
Motion for Approval of the Consent Agenda: Moved by Vice-Chair Mellen, Seconded
by Member Williams; Motion carried unanimously.
III. OLD BUSINESS -None
IV. NEW BUSINESS—Public Hearings (6:31 pm)
A. Variance Request—319 Hormigas Street; Project No: VR-22-01. (Advertised in the
West Orange Times on Thursday, February 24, 2022)
Zoning Manager Whitfield presented a brief overview of the project, which is located at 319
Hormigas Street and is zoned R-1A Single-Family Dwelling. The variance is a request to reduce
the minimum front building setback from twenty-five (25) feet to twenty-one and one-half(21.5)
feet to accommodate a five-foot addition to an existing single-family home. The subject property is
a corner lot. The west side of the home, which faces Banderas Avenue, and the south side of the
home, which faces Hormigas Street, are both considered a front yard and as such are subject to the
required front yard setback of 25 feet, as per LDC Section 5-14A. The proposed addition is
approximately twenty-one and one half (21.5) feet from the front (west) property line facing
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Planning&Zoning Commission
March 8, 2022
Banderas Avenue.The existing home is 26.5 feet from the west property line,and the home addition
is five (5) feet in width for closet space. Therefore, the front yard building setback variance
requested is a 3.5-foot reduction from the minimum twenty-five (25) feet to twenty-one and one
half(21.5) feet.
Zoning Manager Whitfield discussed and confirmed that the proposed variance meets all three
conditions that are required to be met in order to be compliant with Article IV, Section 4-9A, and
announced the contractor is present for any questions.
Discussion:
Chair Lomneck mentioned the house across the street, adjacent to the west, encroaches the side
setback as well, which matches the proposed setback. Zoning Manager Whitfield indicated he is
correct.
The Public hearing was opened As no speaker forms were received, the public hearing was closed
(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 Variance Request
located at 319 Hormiqas Street based on factual interpretation of the code requirements,
as presented by staff, and public testimony related, Project No: VR-22-01; Moved by Vice-
Chair Mellen, Seconded by Member Williams; motion carried unanimously.
Development Services Director Rumer introduced Assistant City Attorney Robin Drage, the
new assistant city attorney.
Assistant City Attorney Drage explained special exceptions are allowed under the LDC;however,
they place certain conditions under the code to assure there will be no adverse impacts on the
surrounding neighborhoods.Under a special exception, it is the applicant's burden to show that the
proposed use is no more burdensome than any other peimitted use under the LDC and that the
adverse impacts are no greater than anywhere else. She further advised the Board they should add
conditions to special exceptions, which would make the use acceptable in the specific area where
it otherwise might not be.
B. A Dios Sea La Gloria Ministry—Special Exception Request for 1700 E. Silver Star
Road; Project No: 01-21-SE-026. (Advertised in the West Orange Times on Thursday,
February 24, 2022)
Zoning Manager Whitfield presented a brief overview of the property that is located in the Silver
Crossing Center, Suite A101, which is approximately 1,440 SF. The applicant requests a special
exception for the use of a portion of the property zoned C-2 to be utilized as a church. The proposed
church does not plan to provide ministry services or operate a church office on a daily basis. Instead,
services will be held on Tuesdays and Thursdays from 7:30 pm to 9:30 pm, and on Sundays from
11:00 am to 2:00 pm. Other church-related operations would be limited to appointments only, as
needed, to provide religious and spiritual support to the congregation members and community.
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Staff has not identified any code-related issues with the proposed Special Exception for church use
in Suite A101 within the property located at 1700 East Silver Star Road,assigned parcel ID number
16-22-28-8042-00-010.
Zoning Manager Whitfield explained the parking area would be the entire plaza as there are no
assigned parking spaces. The proposed project would require 48 parking spaces, and the plaza has
enough spaces to meet the requirement. She further explained how the comprehensive plan defines
compatibility and that, based on that definition,the use is not to be in conflict with the surrounding
adjacent uses.
Discussion:
Member Keller shared his concern about the proposed use bringing restrictions to bars/liquor
stores that may want to be located in that plaza.Development Services Director Rumer explained
if the proposed use is allowed in the shopping plaza, it would prohibit an individual bar or liquor
store to be within 1,000 feet once the church is established.
Chair Lomneck clarified that the restaurant/bar provision does not apply to restaurants with a
51/49 food to alcohol services.
Member Kennedy shared there is a similar setup in a plaza on the west side of the city; however,
his concern is the available parking. Discussion ensued regarding parking. Zoning Manager
Whitfield explained the LDC requires the church to have 48 parking spaces,and the entire shopping
plaza has 382 parking spaces and that based on an evaluation of all of the other uses and square
footages of the other suites,the site meets Code for parking.
Member Forges asked for clarification on how a church would impact future restaurants/bars that
wish to be located nearby. Development Services Director Rumer explained an individual bar or
stand-alone liquor store cannot be located within 1,000 feet of a church or school;however,a church
would not restrict a restaurant serving alcohol from locating within the shopping center or 1,000
feet of the church.
Vice-Chair Mellen explained he lives nearby and visits that Publix often, and parking is unbearable
at times. Further discussion ensued regarding parking.
Nechmeaida Lizasuain, Applicant, explained their services will be Saturdays and Sundays
between 10:30 am to 1:30 pm, and Tuesdays and Thursdays between 7:30 pm to 9:00 pm. She
stated they only have 39 chairs.
The Public hearing was opened As no speaker forms were received, the public hearing was closed
(7:04 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Denial of a Special Exception
application for church use in Suite A101 within the Silver Crossing Center shopping
plaza located at 1700 E. Silver Star Road; Project No: 01-21-SE-026; Moved by
Member Kennedy, Seconded by Member Forges.
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Member Kennedy explained he believe the commercial use can be more profitable for the city;
and further,the parking is insufficient.
Chair Lomneck shared plazas are all around the city and feels the use cannot be denied solely on
a bar/liquor store wishing to be in that vicinity. He further added the location is not in any of the
character areas, and he will vote no to the denial.
Member Williams indicated she is not in support of a denial because she does not see a basis to
warrant it. She believes no conditions need to be made for the proposed use.
Member Kennedy said he frequents the Publix a lot on Sundays, and it is difficult to find a parking
spot. He stated there are not enough parking spaces.
Member Keller shared if he was able to vote, he would vote in favor of the church, and thinks a
recommendation should be placed to allow future growth to not be deterred by a nearby church.
Vice-Chair Mellen indicated he will vote against the motion as well.
After discussion, motion failed 3-2 with Chair Lomneck, Vice-Chair Mellen and Member
Williams opposing.
(7:09 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of a Special Exception
application for church use in Suite A101 within the Silver Crossing Center shopping
plaza located at 1700 E. Silver Star Road; Project No: 01-21-SE-026, Moved by Vice-
Chair Mellen, Seconded by Member Williams, subject to the following condition that City
staff advise the City Commission that this user will not oppose any bars or liquor
stores within 1,000 ft as would be required by Section 38-5.
After discussion about adding a condition; motion carried 3-2 with Member Kennedy and
Member Forges opposing.
C. Bluford Avenue Day Care - Special Exception Request at 880 South Bluford Avenue;
Project No: 01-22-SE-027. (Advertised in the West Orange Times on Thursday, February 24,
2022)
Zoning Manager Whitfield presented a brief overview of the property, which is located
approximately 125 feet south of the intersection of Maine Street and S. Bluford Avenue. The site
consists of two (2) parcels totaling approximately 2.45 acres; however, the proposed child care
facility would be located within the northern 1.15-acre portion of the site. The properties are
currently wooded and undeveloped. A Special Exception is required for child care use on property
zoned C-2. Staff has not identified any code-related issues with the requested Special Exception for
child care use of the properties located at 880 S. Bluford Avenue, assigned parcel ID numbers 20-
22-28-0000-00-055, and 20-22-28-0000-00-059.
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Zoning Manager Whitfield indicated the plans show the medical office on the south side, and the
child care on the north side. She stated the site can accommodate enough parking spaces for the
child care facility. However, staff is still reviewing parking for the medical office, which will be
completed with the site plan review. She described the elevations, explained the DRC
recommendations, explained that access will be right-in/right-out, and stated the applicant,
Mr. Huels, representing the applicant, is present.
Member Williams asked if the ingress/egress will be one-way in/one-way out and, further, what
the hours of operation will be. Zoning Manager Whitfield explained Bluford will have a
landscaped median after the landscape improvements are finished, which will eliminate left turns
in and out of the site. Development Services Director Rumer clarified that the site is within the
CRA overlay,in Target Area 2;however,it is in Subarea 1,which has less strict urban requirements.
That area is the known as the "Suburban Swath" and is less dense and tight than the urban area
where City Center is located.
Chair Lomneck asked if there are any restaurants that can be placed within the vicinity.
Development Services Director Rumer explained that across the street City Center will have
retail/restaurants located on the first floor of the buildings.
Member Kennedy asked what"IFIS" material is and why the City wants to limit it in the vicinity.
Development Services Director Rumer explained the material does not age well.
Discussion:
Jonathan Huels,Esquire,Applicant, Lowndes, 215 N. Eola Drive, Orlando,concurred with staff s
recommendations.He explained the daycare being discussed was founded and based in Gainesville,
Florida. He said the business does not franchise, and their regular hours are from 6:30 am to
7:00 pm.
Member Williams shared her concern about the daycare's playground being located off of Bluford
Avenue and asked if there would be any plans that would protect the daycare in case a vehicle runs
into the building. Mr. Huels stated the playground will have limited access by the children, and
they will not be able to leave that area.He explained the setbacks are 10 feet,which is a requirement
of the overlay. However, they did turn the building so that the smaller side of the building faces
Bluford Avenue.
The Public hearing was opened. As no speaker forms were received, the public hearing was closed.
(7:32 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of a Special Exception
application for a child care use on the properties located at 880 South Bluford
Avenue; Project No: 01-22-SE-027, subject to the conditions of approval; Moved by
Member Williams, Seconded by Vice-Chair Mellen; motion carried unanimously.
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D. Innovation Montessori High School - Special Exception Request at 1475 East Silver Star
Road; Project No: 01-22-SE-028. (Advertised in the West Orange Times on Thursday,
February 24, 2022)
Zoning Manager Whitfield presented a brief overview of the property, which is located at 1475
E. Silver Star Road in the southeast corner of E. Silver Star Road and Olympus Drive and contains
approximately 4.32 acres. The applicant requests a special exception for high school use. The
property is currently developed with a school facility and associated playfields, hard courts,
parking, and other infrastructure. A Special Exception is required for school use on property zoned
C-2. Staff has not identified any code-related issues with the requested Special Exception for high
school use of the property zoned C-2, located at 1475 E. Silver Star Road, assigned parcel ID
number 16-22-28-4763-00-020.
Zoning Manager Whitfield further explained the comprehensive plan states middle schools and
high schools shall be permitted in the Commercial future land use designation.Parking and stacking
were evaluated because the site was previously approved for a K-5 school. Currently 48 stacking
spaces are provided, and the entrance remains in the northeast section. Staff has asked the applicant
to place the following conditions on the site plan, to which the applicant has agreed:
1) This special exception for a two-story high school use and corresponding parking,driveway,
retention area, sports field, hard court and play area shall be applicable only to the
Innovation Montessori high school and is not transferrable to any other operator without the
approval of the city.
2) Before school and after school meetings, or activities, are not permitted to be held on the
property before 7 am and after 6 pm Mondays through Sundays. If such activities result in
excessive noise, such as with sound amplification devices or outdoor event lighting that is
detectable at the south and west property lines and exceeds the level which would result
from the permitted uses on the property, or overflow parking onto the adjacent shopping
center or within a road right-of-way.No parking shall be permitted on unimproved surfaces.
Member Kennedy asked how the egress will work with the shopping plaza parking lot compared
to Olympus Drive. Zoning Manager Whitfield explained there is no access via Olympus Drive.
Member Keller asked if there will be enough spaces for high school parking. Zoning Manager
Whitfield stated the parking ratio was analyzed and approximately 56 spaces are needed, 100 are
provided.
Discussion:
Elesa Sowell, Esquire, Shutts & Bowen, 300 S. Orange Avenue, Orlando, agreed with staff's
recommendations and conditions, and said she is available for any questions.
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Chair Lomneck commented the access currently is only through the parking lot; however, maybe
someday it could also go through the parcels off of Silver Star Road. Ms. Sowell answered in the
affirmative and stated the high school will have different hours than the surrounding businesses,
which is 8:30 am to 3:00 pm.
Chair Lomneck opened the public hearing.
John Finger,Resident, said he likes the school. He is concerned about outdoor lighting after
6 pm and noise that could affect the adjacent neighbors.
Chair Lomneck closed the public hearing.
(7:51 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of a Special Exception
application for a high school use of certain property zoned C-2 located at 1475 East
Silver Star Road; Project No: 01-22-SE-028, subiect to the conditions of approval;
Moved by Member Kennedy, Seconded by Member Forges; motion carried
unanimously.
E. Land Development Code (LDC) Amendment Relating to Political Campaign Signs.
(Advertised in the Orlando Sentinel on Sunday, February 27, 2022)
Development Services Director Rumer explained that during the February 15, 2022, meeting the
City Commission discussed the advanced placement of political signs preceding an election. A
review of the current Political Sign code criteria revealed that no timeframe was made for the
placement of signs, only that they had to be removed within 48 hours after an election. Staff
proposes the below political sign placement and removal language based on public comments:
Campaign signs may be placed on private property provided that:
a) The signs are not placed on the site until ninety(90)days prior to an election or referendum;
and
b) The signs are removed within five days after the election or referendum,or after the primary
election if the candidate is no longer viable.
Development Services Director Rumer said staff researched Orange County's political sign
criteria, which states signs cannot be placed on a site until 90 days prior to an election and must be
removed within 10 days after an election. The City proposes modeling Orange County's code with
the placement not prior to 90 days before an election; however, decreasing the removal of signs to
five (5) days after an election.
Discussion:
Vice-Chair Mellen stated he likes some of the revisions, but believes the language is too vague.
He spoke about the required language on the signs and asked who pays for the removal if it does
not meet guidelines.
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March 8,2022
Chair Lomneck asked if the removal of signs would fall under code enforcement. Development
Services Director Rumer answered the City does not have right of entry to go on the properties.
Assistant City Attorney Drage explained the "paid for" language is a requirement of Florida
Election Laws.
Discussion ensued regarding large political signs.
The Public hearing was opened As no speaker forms were received, the public hearing was closed
(8:13 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, Approve a Land Development Code (LDC) Amendment Relating to Political
Campaign Signs, subject to resolution of the remaining staff comments before the City
Commission.meeting; Moved by Member Kennedy, Seconded by Vice-Chair Mellen.
Vice-Chair Mellen asked if he can add a recommendation. He recommended that the
language give the landowner permission to submit it to the City.
After discussion; motion carried unanimously.
Member Keller suggested the motion be reworded to recommended approval to the City
Commission.
Amended Motion: Move that the Planning and Zoning Commission, acting as the Local
Planning Agency, recommend to the Ocoee City Commission Approval of a Land
Development Code (LDC) Amendment Relating to Political Campaign Signs with a
recommendation that language be added to give the landowner permission to submit it to
the City, 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.
F. Land Development Code (LDC) Amendment Relating to Amending Self-Storage
Facilities. (Advertised in the Orlando Sentinel on Sunday, February 27, 2022)
Development Services Director Rumer explained on September 21, 2021, the City Commission
approved an Ordinance that established a temporary moratorium on the processing and
consideration of applications for development orders, development permits, and building permits
for self-storage facilities within the C-3 (General Commercial) and I-1 (Restricted Manufacturing
and Warehousing) Zoning Districts for a period of six months. During this moratorium, the
Development Services Department has researched what the industry standard is for self-storage
facilities. On average, the industry looks at a 3-5-mile radius with a maximum allowance between
7-10 square feet of rentable storage space per resident. In Florida, with its lack of basements and a
large mobile home occupancy rate,the trend is more towards 10 square feet per person. Currently,
the City has 11 self-storage facilities that are operating, under development, or recently approved,
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which totals 700,000 square feet for a population just under 50,000.This means the City has±14.25
square feet per resident.
Staff is looking to implement the following criteria for self-storage facilities:
1. Self-storage is permitted only as an accessory use.
a) An accessory use shall be defined as no more than thirty-five(35)percent of the building
or parcel of land that may be used for self-storage. If the mix of uses is separated on-site,
the self-storage area(s) visible from the roadway(s) must be lined with office or retail
frontage.
b) Any self-storage facility with frontage on an arterial street must be located behind a
retail business.
2. Provide for the use of Self-Storage Facility as a Special Exception in the C-3 and I-1 Zoning
Districts.
The Board had no questions for staff.
The Public hearing was opened. As no speaker forms were received, the public hearing was closed.
(8:21 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of a Land Development
Code (LDC) Amendment Relating to Article V, Table 5-1 Permitted Use Regulations
Relating to Self-Storage Facilities, subject to resolution of the remaining staff comments
before the City Commission meeting; Moved by Member Williams, Seconded by Member
Forges.
Chair Lomneck asked for clarification on whether any self-storage that wishes to be in the city has
to request for a special exception. Development Services Director Rumer answered in the
affirmative, except if they are in one of the character overlays.
After discussion; motion carried unanimously.
V. MISCELLANEOUS - (7:23 pm)
A. Project Status Report
Development Services Director Rumer asked the Board if they have any questions.
• Member Forges inquired if City Center will be apartments or condos.
Development Services Director Rumer said City Center will be apartments or
condos, but not townhomes.
• Chair Lomneck asked if the Board will see the plans for the property on Kissimmee
Avenue and Taylor Street. Development Services Director Rumer answered in
the negative, because it is under 25,000 SF.
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B. March Calendar -No updates
Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by
Member Williams, Seconded by Member Kennedy; motion carried unanimously.
VI. ADJOURNMENT - 8:25 pm
ATTEST: APPROVE
AMINA
Ka y He d, Recording Clerk d • - !air
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