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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 1 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. 2 Planning&Zoning Commission March 8, 2022 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. 3 Planning&Zoning Commission March 8,2022 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. 4 Planning&Zoning Commission March 8, 2022 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. 5 Planning&Zoning Commission March 8,2022 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. 6 Planning&Zoning Commission March 8,2022 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. 7 Planning&Zoning Commission 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, 8 Planning&Zoning Commission March 8, 2022 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. 9 Planning&Zoning Commission March 8,2022 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 10