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HomeMy WebLinkAbout04-10-2018 Minutes Mayor Commissioners Rusty Johnson � � John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank O c o e e George Oliver Ill, District 4 florida MINUTES PLANNING AND ZONING COMMISSION Acting as the Local Planning Agency April 10, 2018 I. CALL TO ORDER - 7:00 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chairman McKey, Vice-Chairman Keethler, Member Evans, Member Richemond and Member Wunderlich. Also present were City Planner Rumer, Planner 1 Jones, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. Absent: Member Frommer, Member Henderson and Member Sills. II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held on February 13, 2018. B. Ocoee Business Park (Building 300), Large Scale Site Plan (City Planner Rumer) (Pulled for Discussion) Vice-Chairman Keethler announced he has questions concerning Consent Agenda Item B, Ocoee Business Park (Building 300), and requested it be pulled for discussion. (7.03 pm) Motion to pull for discussion Consent Agenda Item B, Ocoee Business Park (Building 300); Moved by Vice-Chairman Keethler, Seconded by Member Evans; Motion carried unanimously. Planning and Zoning Commission Meeting April 10,2018 Chairman McKey asked for a motion on the remaining Consent Agenda. (7:06 pm) Motion for Approval of Consent Agenda Item A, Minutes of the Planning and Zoning Commission Meeting held on February 13, 2018; Moved by Vice-Chairman Keethler, Seconded by Member Richemond; Motion carried unanimously. B. Ocoee Business Park (Building 300), Large Scale Site Plan (City Planner Rumer) City Planner Rumer explained the traffic patterns going into and out of this property. Discussion ensued regarding the recommendations set forth from this Board for Buildings 100 and 200 from the February 13, 2018, Planning and Zoning meeting (listed below): Motion for Approval of Consent Agenda Item B, Ocoee Business Park (Buildink 100), with the following conditions: 1) Both entrances be made right-in/right-out, 2) Provide a right- turn lane for the southern entrance: Moved by Vice-Chairman Keethler, Seconded by Member Richemond; Motion carried unanimously. Chairman McKey requested the conditions recommended for Buildings 100 and 200 also be recommended for Building 300 as well. (7:17 pm) Motion for Approval of Consent Agenda Item B, Ocoee Business Park (Building 300), with the following conditions: 1) Both entrances be made right-in/right-out, 2) Provide a right-turn lane for the southern entrance; Moved by Vice-Chairman Keethler, Seconded by Member Evans; Motion carried unanimously. III. OLD BUSINESS - None IV. NEW BUSINESS (7:18 pm) A. Public Hearing - Vaughn Property Annexation & Rezoning for 451 Ocoee Apopka Road; Project No(s): AX-03-18-72 & RZ-18-03-04. (Advertised in the West Orange Times on Thursday, March 29, 2018) (Planner I Jones) Planner Jones presented a brief overview of the Vaughn Property at 451 Ocoee Apopka Road, which is located on the east side of Ocoee Apopka Road, 1,650 feet north of Silver Star Road, Parcel Number 18-22-28-0000-00-053. The subject parcel is approximately +/- 0.83 acres and has one existing single-family residence. The Applicant wishes to annex into the City limits to receive a city potable water connection. With respect to State annexation criteria, this subject property is considered contiguous 2 Planning and Zoning Commission Meeting April 10,2018 to the City of Ocoee since it is bordered by property located within the City limits on the west. This property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. This proposed annexation is consistent with the Future Land Use Element Policy 2.5 and is a logical extension of the City limits, urban services can be provided, and the annexation meets State and local regulations. Upon annexation, this parcel will receive a "R-1AAA" (Single Family Dwelling) zoning. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On April 3, 2018, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and rezoning for the Vaughn property. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Annexation and rezoning from Orange County "A- 1" to City of Ocoee "R-1AAA" of the property known as the Vaughn Property located at 451 Ocoee Apopka Road. DISCUSSION: Member Richemond asked if this property is located next to the church. Planner Jones indicated this property is just north of the church and adjacent to Whisper Winds; and further, this applicant is the owner of Whisper Winds. The applicant was not present. Chairman McKey opened the public hearing and asked if there is anyone present who wishes to speak on this proposed project. As no one wished to speak, the public hearing was closed. (7.21 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Vaughn Property Annexation — 451 Ocoee Apopka Road; Project No: AX-03-18-72, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Wunderlich, Seconded by Vice-Chairman Keethler; motion carried unanimously. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Vaughn Property Rezoning — 451 Ocoee Apopka Road; Project No: RZ-18-03-04_, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice- Chairman Keethler, Seconded by Member Evans; motion carried unanimously. 3 Planning and Zoning Commission Meeting April 10,2018 B. Public Hearing — Ciara Place at Lake Meadow Preliminary & Final Subdivision Plan; Project # LS-2017-013. (Advertised in the West Orange Times on Thursday, March 29, 2018) (City Planner Rumer) (7:23 pm) City Planner Rumer presented a PowerPoint presentation on this proposed gated townhome community, which is located on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21 .13 acres in size. He indicated a number of years ago this site was proposed to be an assisted living and memory care facility called Lexington Park. Currently this site is situated in the existing Prairie Lake PUD Track "G", which was set aside for medium density housing. He announced this project is currently awaiting the results of the Orange County Public School (OOPS) tests and mitigations. Further discussion ensued regarding OCPS. City Planner Rumer indicated this project is being proposed as a private, gated townhome community with fee-simple ownership and a total of 88 townhome units on approximately 21.13 acres. Discussion ensued with regards to the access points for which the main entrance will be off of Clarke Road and aligned with the Westchester development entrance across the street; and further, the City has attempted to acquire an access easement agreement with the adjacent parcel to the north for an additional exit-only access, but that has not come to fruition. Discussion further ensued about a proposed pedestrian gated access with connection to a trail system around the park. City Planner Rumer discussed the proposed amenity package consisting of a swimming pool, pool cabana, tot-lot and off-street visitor parking. The townhome lots will be approximately 24.5-feet wide by 100 feet in depth, and the units have been designed to allow two cars to park in the driveway and two cars to park in the garage. The rest of the required parking spaces will be provided within off-street parking bays. Thomas Skelton, Applicant, American Civil Engineering Co., Winter Springs, FL, and Peter Palermo, Owner, Pierre JL LLC, Winter Garden, FL, spoke about this project. Mr. Palermo said the size of the townhomes will be just under 2,000 living square feet with a choice of three different models (three bedroom/loft or four bedroom) starting in the $230,000 range. City Planner Rumer followed up by announcing they are hearing the preliminary and final subdivision plans tonight. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The Development Review Committee (DRC) reviewed the Ciara Place at Lake Meadow Preliminary & Final Subdivision Plan on April 4, 2018. There were several minor technical issues to be addressed from the Engineering Department and the City Attorney's Office that were identified in written staff comments and presented verbally. All of the issues were discussed and changes to the plans were agreed upon. When the discussion was finished, the Committee voted unanimously to recommend approval of the Preliminary & Final Subdivision Plan. 4 Planning and Zoning Commission Meeting April 10,2018 STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Ciara Place at Lake Meadow Preliminary & Final Subdivision Plan date stamped received by the City on March 27, 2018. (7.45 pm) Chairman McKey opened the public hearing and asked if there is anyone present who wishes to speak on this proposed project. As no one wished to speak, the public hearing was closed. Member Wunderlich mentioned when he first reviewed this project, he recalled he thought it was a lot to squeeze on this site; however, after looking at it again, he believes this is an appropriate and great use for this unique site. (7:46 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Ciara Place at Lake Meadow Preliminary & Final Subdivision Plan; Project # LS-2017-013, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Wunderlich, Seconded by Member Keethler; motion passed unanimously 5-0. C. Public Hearing — Land Development Code (LDC) Amendment Regarding the Planning and Zoning Commission and Board of Adjustment Boards. (Advertised in the West Orange Times on Thursday, March 29, 2018) (City Planner Rumer) (A letter was handed out to the board members addressed to the City Commission from Vice- Chairman Keethler acting on behalf of the Planning and Zoning Commission.) Chairman McKey indicated before them are various proposed updates to the Land Development Code regarding Article III, Section 3-2 and 3-3; Article IV, Section 4-3C and 4-4 G(3) Site Plans and Subdivision Plan review and 4-9 Variances. City Planner Rumer explained the ordinance which sets the rules and procedures of this board has been under review because of the Board's request to change the starting time and a recent request by the City Manager to review all City Boards and Committees. He indicated the Land Development Code review is going to change from suburban reviews to architectural reviews of building site plans. He explained how this board came to be a nine-member board and the current requirements to be on this board, which are none. He indicated this Board, which has no technical and/or professional requirements, has recommended denial due to technical issues on certain projects, which in turn can place the City in jeopardy. As a result of many underlying issues, City Staff has requested proposed updates to both the Planning and Zoning Commission and Board of Adjustment Boards. He followed up by explaining the City Commission did not advise City staff of any direction whatsoever. 5 Planning and Zoning Commission Meeting April 10, 2018 Vice-Chairman Keethler explained his handout, and questioned why Section 3.2 is under review when this Board only wanted a time change, which the starting time is not stated in Section 3.2. Assistant City Attorney Crosby-Collier explained the meeting start time is adopted in an ordinance from 1989, and it is prudent for the City to propose updates on any and all language when a review of policies and procedures is taking place. Further discussion ensued. Vice-Chairman Keethler announced the request to change the starting time was brought up about six months ago; and further, he shared he feels misinformed as it would have been nice to know that this request was going to start an assessment of this board. Further discussion ensued. Readers are encouraged to view and listen to the video and audio recordings to better understand the logic behind the votes and conclusions that were made on this matter by the P&Z Commission. (Minutes amended and notation included per the Minutes from May 30, 2018.) DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: This Item does not go before the DRC. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval amendments to the Land Development Code (LDC) relative to Article III, Section 3-2 and 3-3; Article IV, Section 4-3C and 4-4 G(3) Site Plans and Subdivision Plan review and 4-9 Variances. (9:05 pm) Chairman McKey opened the public hearing and asked if there is anyone present who wishes to speak on this proposed amendment. As no one wished to speak, the public hearing was closed. After much discussion the Board went through each section explaining their viewpoints and performed a tally of who was/was not in favor of the proposed revisions. Amendment of Section 3-2. Section 3-2 of the City of Ocoee Land Development Code is proposed to be amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 3.2 PLANNING AND ZONING COMMISSION A. Establishment and Membership. The Planning and Zoning Commission shall consist of nine (9) five (5) members appointed by the City Commission and one member appointed by the School Board of Orange County as a non-voting member. The member appointed by the School Board of Orange County shall attend those meetings at which the Planning and Zoning Commission considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. No member shall be an employee of the City of Ocoee and all members, except the member appointed by the School Board of Orange County, shall work in or be residents of the City of Ocoee. When selecting members to the five (5) member Planning and Zoning Commission, the Mayor 6 Planning and Zoning Commission Meeting April 10,201 S and each member of the City Commission shall attempt to each nominate two (2) members who work or reside in select persons from different geographical areas within the City so as to create geographical diversity and representation. From the nominees, the Mayor and each City Commissioner shall vote for five (5) members to comprise the Planning and Zoning Commission. The five (5) nominees with the highest number of votes will comprise the five (5) member Planning and Zoning Commission. Subsequent vacancies on the Planning and Zoning Commission shall be filled by majority vote of the City Commission from the candidates nominated by the Mayor and City Commissioners. The Mayor and each member of the City Commissioner may nominate up to two (2) nominees each in the event of a vacancy. Staff Comment: The nine (9) members Planning and Zoning Commission has in recent years become lax in meeting attendance and performing the responsibilities of the commission. Also, the City Commission has not thoroughly vetted applicants to take on the responsibility of the vacant positions. One recent Planning and Zoning Member resigned after the first meeting upon learning what the position filled required. What has resulted is .a Planning and Zoning Commission that has not met quorum requirements on separate occasions resulting in the need to re-advertise cases, made recommendations that violates the duties of the Commission, and made a motion not to make a recommendation to the City Commission. After discussion ensued: (9:13 p,n) Five (5) out of Five (5) Members stated the revised language above is not warranted; and further, the current language should remain as is. B. Terms of Office, Removal from Office and Vacancies. Members of the Planning and Zoning Commission shall be appointed for three-year terms and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. Members and alternates of the Planning and Zoning Commission shall serve at the pleasure of the City Commission. Any vacancy occurring during the unexpired terms of office of any member or alternate shall be filled by the City Commission for the remainder of the term. Such vacancy shall be filled within thirty (30) days after the vacancy occurs. Absence by any member from three (3) meetings of the Planning and Zoning Commission shall result in automatic removal of the absent member and vacation of the seat of the absent member, whether such member's absence is excused or unexcused. Staff Comment: Members of the Planning and Zoning Commission have missed numerous meetings each year (see Attendance Logs). After discussion ensued: (9:20 pn,) Five (5) out of Five (5) members are not in agreement with the new language above and recommended revising the language to state "When a member is absent from three (3) or more meetings per calendar year, the Planning and Zoning Commission may recommend to the City Commission that the member be removed. " C. Officers, Rules of Procedure and Quorum. (1) The Planning and Zoning Commission shall elect a chairman and a vice chairman from among its members at the first meeting of each calendar year. The City Commission shall provide the Commission a deputy clerk, who may be an employee of the City of Ocoee. 7 Planning and Zoning Commission Meeting April 10,2018 (2) The Planning and Zoning Commission shall meet the second Tuesday of each month and at such other times as may be necessary at such time as is set by a resolution of the City Commission. It shall adopt rules for the transaction of its business and shall keep a properly indexed record of its resolutions, transactions, findings, and determinations, which record shall be a public record. All meetings of the Planning and Zoning Commission shall be public. Staff Comment: This will allow the time to change to 6:30 p.m. After discussion ensued: Five (5) out of Five (5) Members stated the new language above is acceptable. (3) F4ve (5)Three (3) members of the Planning and Zoning Commission shall constitute a quorum, and no action may be taken if less than five (5)three (3) members are present and voting. Staff Comment: This will allow for a quorum if two members miss the same meeting. After discussion ensued: Five (5) out o Five 5 Members are not in a•reement with restructurin! this board to aive._.(J member board; and further. stated a three (3) member quorum is not enough to make recommendations for a size of this city. This Board is recommendin to_maintain the current nine (9) member board. D. Compensation. Members of the Planning and Zoning Commission shall receive no compensation for service, except that they may be reimbursed for out-of-pocket expenditures made in connection with the performance of their duties. E. Compliance with Laws. The Planning and Zoning Commission, and its individual members, shall comply with all applicable laws relative to public bodies, including disclosure of interests and procedure for refraining from participation in the case a conflict of interest exists. F. Status of Prior Bodies. It is the intent of this Code that the membership of the Planning and Zoning Commission established under ordinances adopted prior to the effective date of this Ordinance shall continue and that members appointed prior to the effective date of this Code shall continue to be members until the expiratier4--ef their---terms-such a time as stated in a Resolution adopted by the City Commission. Members of the Planning and Zoning Commission described in this Ordinance shall be appointed and trained as provided in a Resolution adopted by the City Commission. After discussion ensued: Five (5) out of Five (5) Members stated the revised language above is not warranted; and further, the current language should remain as is. 8 Planning and Zoning Commission Meeting April 10,2018 G. Duties and Responsibilities. The Planning and Zoning Commission shall have the following duties and responsibilities: (1) To act as the Local Planning Agency (LPA) of the City of Ocoee, pursuant to Section 163.3174, Florida Statutes, and to make recommendations to the City Commission regarding the adoption or amendment of prepare-on-its ow •• _ . - -__ -••-•e- _• or amendments to the Comprehensive Plan of the City of Ocoee, including text and/or maps, and-#a-forward-such amendments to t#e-C-ity Commission--for-sonssideratioe. No such recommendation shall be made except after a public hearing held in accordance with State and local requirements. (2) To review and make recommendations to the City Commission on applications for amendments to the Comprehensive Plan and transmit the same to the City Commission with a recommendation as required by law. No such recommendation shall be made except after a public hearing held in accordance with State and local requirements. (3) To monitor the effectiveness of the Comprehensive Plan make prepare--erg its own-iia+t+ative recommendations for amendments to the Comprehensive Plant _et - _•_ - --maps; and to forward such amendments to the City Commission for consideration. No such recommendation shall be made except after a public hearing held in accordance with State and local requirements. (4) To review and make recommendations to the City Commission on applications for amendments to this Code, including applications for annexation or change of zoning. Pursuant to Section 163.3174(4)(c), Florida Statutes, the Planning and Zoning Commission shall also have the responsibility to review and make a recommendation to the City Commission finding--as to the consistency of the proposed land development regulation with the adopted Comprehensive Plan arid-to report such finding-tai-the--C-ity--Conamission. No such recommendation shall be made except after a public hearing held in accordance with State and local requirements. (5) To review and make recommendations to the City Commission on applications for various development approvals or permits as provided within this Code, including, but not limited to Planned Unit Developments (PUD), special exceptions, subdivisions, and any other application for which the City Commission requests a report-and-ler recommendation as to consistency of the proposal with the Comprehensive Plan. Where a public hearing is required by the applicable procedural section, no such recommendation shall be made except after a public hearing held in accordance with State and local requirements. (6) -To act in- n-adv4sory-eapae+ty-to the City Commission on land us- -- •• - __ •- issues and to make suck-studies-andi-rwestigations as may be requested from time to time by the--City--Co m m+ss+er (-7) To review zoning of newly annexed lands when it represents an increase in intensity of use or a conflict with the Comprehensive Plan pursuant to requirements of State law and City ordinances. After discussion ensued: (9:32 pm) Four (4) out of Five (5j Members stated the revised language above is not warranted: and further. the current language should remain as is. 9 Planning and Zoning Commission Meeting April 10,2018 BOARD OF ADJUSTMENT: Additionally, the Board of Adjustment will be dissolved with the Planning and Zoning Commission taking on the responsibilities below: To hear and give recommendations on requests for variances from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary and undue hardship. In order to grant any variance from the terms of the Code, the Planning and Zoning Commission and City Commission must find: (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (b) That the special conditions and circumstances do not result from the actions of the applicant; (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district; Ld) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance, and would work unnecessary and undue hardship on the applicant (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. (f) That the grant of the variance will be in harmony with the general intent and purpose of this ordinance, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff Comment: The Board of Adjustment (BOA) has not had a scheduled meeting in two years. Part of the issue with potential variances is that potential applicants do not want to wait the two-three months for a BOA meeting to be scheduled and then a month for a City Commission hearing. Also, staff typically has to tell the applicant the variance request does not meet the threshold for recommending approval, a decision is made not to go forward. City staff has determined that by having a standing meeting each month within the P&Z Commission and by making the variance more of a defined scheduled process, more applications will be received and processed. After discussion ensued: Five (5) out of Five (5) Members are in favor of adding the responsibilities of the Board o Adustment to the Planningand Zon_ing Commission. FINAL SITE PLANS AND SUBDIVISION PLANS: Lastly, the process for approving Final Large Scale site plans and Subdivisions is being proposed to be removed from recommendation from the Planning and Zoning Commission. City Staff has determined that upon review from other jurisdictions this type of recommendation is not typically found in the review. The P&Z will still see Planned Unit Developments which are done to a site plan level and the Preliminary Site Plan and Preliminary Subdivision Plan. 10 Planning and Zoning Commission Meeting April 10,2018 After discussion ensued: Five 5 out o Five 5 Members are a!ainst removin• the Final Site Plans and Subdivision Plans rom the review and recommendation res.onsibilities o the Planning and Zoning Commission. Chairman McKey announced he wants to recommend adding a new responsibility to this board, which is to review all small scale projects that range from 10,000 square feet to 25,000 square feet. After discussion ensued: (9:41 pm) Four 4 out o Five 5 Members are in a!reement o addin! small scale .ro'ects that ran•e rom 10 000 s'uare eet to 25 000 s•uare eet to the responsibilities of the Planning and Zonin: Commission or review and recommendations. (9:43 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Amendments to the Land Development Code (LDC) as forwarded by City staff with the following exceptions: Section 3.2A - Disagree with amending: Section 3.2B - Revise the last proposed sentence to read. "When a member is absent from three (3) or more meetings per calendar ear the Plannin• and Zonina Commission may recommend to the Ci Commission that the member be removed.'; Section 3.2C(3) - Disagree with amending: Section 3.2F- Disagree with amending: Section 3.2G— Disa•ree with amendin• exce.t for addin. the res.onsibilities of the Board of Adjustment: Final Site/ Subdivision Plans— Disagree with removing the review of plans: and f rther he B•and recommends that he cri eria for reviewin• site •lans be reduced from 25,000 square feet to 10,000 square feet, subject to resolution of the remaining staff comments before the City Commission meeting: Moved by Vice- Chairman Keethler, Seconded by Member Richemond; motion passed 5-1 with Member Wunderlich opposing. 11 Planning and Zoning Commission Meeting April 10,2018 City Planner Rumer explained to the Board this proposed amendment with a detailed staff report and the draft minutes will go before the City Commission at the first meeting in May as a first reading of ordinance; and further, the second reading of ordinance will be held on May 15, 2018, Vice-Chairman Keethler indicated he believes that will not adequately convey all of the concerns he has. He said he will send a letter to the City Commission addressing these concerns along with attending the City Commission meetings. Chairman McKey recommended to the Board to reach out to their respective commissioner about their concerns. V. MISCELLANEOUS A. Project Status Report — City Planner Rumer announced as of today there will be no meeting next month. B. April Calendar - None VI. ADJOURNMENT - 9:58 pm ATTEST: APPROVED: Kathy H-ard, Recording Clerk ' o : .. , hairman ,eCCIoRY141. keTheZ- 12