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HomeMy WebLinkAbout04-12-2022 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday,April 12,2022 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 Kennedy, Member Williams,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 March 8, 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. The Regency Mixed-Use Development Preliminary Site Plan; Project No: LS-2022-001. (Advertised in the West Orange Times on Thursday, March 31, 2022) Development Services Director Rumer presented a brief overview of this project, which consists of three(3)parcels,approximately 16.68 acres in size,and is located on the north side of the Florida Turnpike and the west side of the Maguire Road and Old Winter Garden Road intersection. The parcels are located within the CRA Target Area 1 Special Area Overlay. This development proposes 300 luxury multi-family units, which will consist of seven (7) four-story buildings. Building 1 is proposed to contain 12 units and approximately 7,500 SF of retail. Buildings 2-7 are proposed to consist of studios, one, two, and three bedroom units. 1 Planning&Zoning Commission April 12,2022 Development Services Director Rumer explained the developers have stated they will provide an extension of Old Winter Garden Road from Maguire Road to State Road 50 as well as an onsite stormwater pond. The proposed future extension is where the main access/entrance will be. An amenity center/clubhouse with pool, dog park, and the stormwater pond will all be located on the south side of the proposed future extension. Utilities will be extended to the site from Maguire Road. He stated the next step will be the Final Site Plan with a Development Agreement. Discussion: Member Williams asked who will maintain the stormwater pond.Development Services Director Rumer explained the owners will have ownership and maintenance.He further stated he anticipates the stormwater pond to look like a pond park. Member Keller inquired if the City will require any timeline in which the retail portion has to be completed prior to the residential buildout and whether the dog park is only for use by this community. Development Services Director Rumer answered in the affirmative stating the retail is currently located within Buildings 1 and 2, which will be built first. He further stated the dog park is only for this community. It will not be open to the public. Vice-Chair Mellen asked if a traffic study was completed. Development Services Director Rumer stated that a traffic study is not needed due to the placement of the proposed future extension. Erika Hughes, Applicant, VHB, 225 E. Robinson Street, Orlando, stated it has been a pleasure working with City staff, and her team is available for any questions. The Public hearing was opened.As no speaker forms were received, the public hearing was.closed (6:49 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of The Regency Mixed- Use Development Preliminary Site Plan; Project No: LS-2022-001; subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Kennedy, Seconded by Member Forges; motion carried unanimously. B. 429 Business Center Phase II Small Scale Comprehensive Plan Future Land Use Map Amendment(CPA/FLU) from Low Density Residential(LDR) to Light Industrial (LI) and Rezoning from R-1A(Single-Family Dwelling District) to I-1 (Light Manufacturing and Warehousing District); Project No(s): CPA-2022-002 & RZ-22-02-34. (Advertised in the West Orange Times on Thursday, March 31, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is approximately 5.58 acres, located at 701, 707 and 711 Pine Street and within the State Road 429 Overlay District Business Center Character Area. She explained the proposed Comprehensive Plan Amendment to change the future land use designation to Light Industrial and corresponding Rezoning to I-1 (Light Manufacturing and Warehousing) is consistent with the Business Center Character Area Design Plan for Sub-Area A. The applicant is requesting the Comprehensive Plan Amendment and 2 Planning &Zoning Commission April 12,2022 Rezoning in order to develop approximately 160,720 SF of warehouse and 37,200 SF of flex-space which is consistent with the Business Center Character Area Design Plan. The applicant provided a traffic impact analysis (TIA),which concluded that the proposed amendment would not cause any additional deficiencies in surrounding roadways. The City is evaluating an extension of Pine Street with a future connection between the Pine Street extension and Ocoee Apopka Road along the south side of the future Beltway 429 Project. That connection along with the Florida Department of Transportation (FDOT) planned improvements along SR 438 will help to alleviate transportation deficiencies in the project area. Discussion: Vice-Chair Mellen asked when the traffic study was done. Zoning Manager Whitfield said the study was submitted with the application. Member Forges asked what type of properties are adjacent to the south. Zoning Manager Whitfield answered residential homes. Matthew Sullivan, TSG Development, Orlando, indicated he is available to answer any questions. Chair Lomneck opened the public hearing. John Palmer, 750 Pine Street, said he lives adjacent to this property and feels misled and misinformed as they were never told about the SR 429 Overlay.He further stated they feel they are getting squeezed out and surrounded by commercial. Chair Lomneck closed the public hearing. Member Forges said he appreciates staff for explaining that the developer will build a road that will connect Pine Street to Ocoee Apopka Road. Member Williams asked if staff has a response to the concerns of the residential neighbors. Development Services Director Rumer explained all of the overlays are vision plans;and further, the land uses in this vicinity could take up to 20 years to be revised, because the City did not revise them at the onset of implementing the overlays. He further stated the surrounding land is mostly Orange County agriculture, and the City of Ocoee does not have an agricultural land use. Member Kennedy inquired if the purpose of the Business Character Overlay is to convert all residential land uses to light industrial. Development Services Director Rumer answered the vision and zoning overlay is for everything west of Ocoee Apopka Road to become commercial. (7:20 pm) Motion: Move that the Planning and Zoning Commission, acting,as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 429 Business Center Phase II Small Scale Comprehensive Plan Future Land Use Map Amendment (CPA/FLU) from Low Density Residential (LDR) to Light Industrial (LI); Project No.: CPA-2022-002, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Forges, Seconded by. Member Williams; motion carried 3-2 with Vice-Chair Mellen and Member Kennedy opposing. 3 Planning &Zoning Commission April 12, 2022 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 429 Business Center Phase II Rezoning from R-1A (Single-Family Dwelling District) to 1-1 (Light Manufacturing and Warehousing District); Project No.: RZ-22-02-34, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Forges, Seconded by Member Williams; motion carried 3-2 with Vice-Chair Mellen and Member Kennedy opposing. C. Land Development Code (LDC) Amendment to Article II, Section 2-4, and Article V, Section 5-15 Relating to Tourist Homes. (Advertised in the West Orange Times on Thursday, March 31, 2022) Zoning Manager Whitfield presented a brief overview of this proposed LDC Amendment, which clarifies the existing definition of"Tourist Home" in Article II, Section 2-4 and further,creates two (2) new definitions in that section for "Transient Guest" and "Vacation and Short-Term Rental". This LDC Amendment also amends Article V, Section 5-15 regarding"Specific Use/Development Standards" creating a new Subsection 5-15(C) to establish the standards and a process for tourist homes including: 1) A no-cost application for Tourist Home Local Business Tax Receipt and Certificate; 2) Payment of local taxes per Chapter 119 of the Code of Ordinances and obtaining a Tourist Home Certificate (updated annually); 3) Identification of a Responsible Party (which may be the tourist home owner,property owner, or other person or entity)to ensure compliance with all state and local codes and regulations, including all requirements of the City's residential district standards;4)Clarification of existing parking requirements; 5)Building and fire safety inspections; and 6) Ability of the Development Services Director to revoke the Certificate or pursue other remedies if the provisions in Section 5-15 and the Certificate are violated. Discussion: Chair Lomneck asked if the fire safety inspections would be on-demand. Zoning Manager Whitfield answered the responsible party would need to provide an inspection within 48 hours. Member Williams inquired if the Renter would have any recourse with the City if the property is subpar. Zoning Manager Whitfield stated the Renter should contact the responsible party with any issues. However, if there is a building/fire code issue, they should contact the City. Member Keller asked which four(4) rooms within the tourist home is the LDC referring to under "Definition of Terms. (308)Tourist Home:A Dwelling,building or structure in which sleeping and bathing accommodations in not more than four(4)rooms are provided or offered for transient guests for compensation." Zoning Manager Whitfield answered tourists are only allowed to rent up to four rooms in a house.Development Services Director Rumer explained the definition is intended to stop 20 guests renting out a five-bedroom house. Member Forges pointed out that it says "rooms", and a three-bedroom house can have eight rooms; and further, he suggested that it should state "bedrooms". Discussion ensued regarding how many transient guests should be allowed to rent the four rooms. 4 Planning&Zoning Commission April 12,2022 The Public hearing was opened.As no speaker forms were received, the public hearing was closed. (7:51 pm) Motion: Move to continue this item to the May 10, 2022, Planning and Zoning Commission meeting; Moved by Vice-Chair Mellen, Seconded by Member Kennedy. Discussion ensued regarding the differences between a Bed & Breakfast, a Hotel, and an Airbnb. Development Services Director Rumer thanked the Board for their input and suggested this item be brought back to the May meeting to give staff time to research how to limit each room in a house from potentially being rented out separately under the proposed amendment. Member Williams suggested that maybe room rental provisions should be listed in the application and not the ordinance. Member Keller suggested continuing this to give staff time to add additional language. After discussion, motion carried 3-2 with Chair Lomneck and Member Williams opposing. V. MISCELLANEOUS - (8:03 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • The Fifth-Third Bank is being rebuilt as a Starbucks. • The intersection at Fullers Cross Road and Lakewood.Avenue will be closed after school is out, at the end of May,to construct a roundabout. • The proposed roundabouts on S. Bluford Avenue located at W. Geneva Street and Maine Street were discussed. • Chair Lomneck inquired if there will be training this year with regard to the Land Development Code.Development Services Director Rumer advised there is a large comprehensive plan update coming soon, and he will look into it. B. April Calendar-No updates VI. ADJOURNMENT - 8:09 pm ATTEST: APPROVED cTX114(-67 /7-/-/ K t y Hpgl, Recording Clerk Brad [J eck, Chair 5