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HomeMy WebLinkAbout05-30-2018 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City Manager 1411, 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 May 30, 2018 — Special Meeting I. CALL TO ORDER - 6:30 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chairman McKey, Vice-Chairman Keethler, Member Evans, Member Frommer and Member Sills. Absent: Member Henderson, Member Richemond and Member Wunderlich. Also Present: City Planner Rumer, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held on April 10, 2018. Vice-Chairman Keethler announced he has questions concerning Consent Agenda Item A, the Minutes from the April 10, 2018 meeting and requested that item be pulled for discussion. (6:31 pm) Motion to pull for discussion Consent Agenda Item A, Minutes from the April 10, 2018 Planning and Zoning Commission Meeting; moved by Vice-Chairman Keethler, Seconded by Member Frommer, Motion carried unanimously. Planning and Zoning Commission Meeting Special Meeting May 30,2018 Vice-Chairman Keethler announced that today is the last meeting day this board will be meeting as the City Commission is restructuring this board; and further, asked what will happen to the minutes if they do not approve them tonight. Assistant City Attorney Crosby-Collier stated they will be unapproved, which will then be notated in the minutes at the next meeting. Chairman McKey asked Vice-Chairman Keethler why he is contemplating this. Vice-Chairman Keethler indicated he believes more discussion of the board should have been placed in the minutes with regards to Item C, Amendment regarding the Planning and Zoning Commission and Board of Adjustment Boards. He explained he believes without the discussion of the board it reads as if they are only voting against when they had good rationale, and he thinks their discussion should be placed in the minutes. Discussion ensued about requesting the minutes be edited to include the discussion of the board verbatim. Assistant City Attorney Crosby-Collier explained that minutes are not verbatim; and further, in the Florida Sunshine Law it states minutes are to be brief notes of the actions which occur. She further suggested if they wish to request that a transcription be made of the meeting, they should approve the minutes and then request that the meeting be transcribed verbatim. Chairman McKey stated he believes it would be best to request a verbatim transcript be attached to the minutes. Vice-Chairman Keethler indicated there will be no assurance that a verbatim will be done, but they can request it. (6:31 pm) Motion to add the following language to Page 7 of the April 10, 2018 Minutes, "Details of the discussion and the logic associated with the various votes and conclusions made by the Planning and Zoning Commission are included in the verbatim transcription, which is being requested by the P&Z to be attached to these minutes."; moved by Vice-Chairman Keethler. Chairman McKey inquired if they need to include instructions that the verbatim transcript be done. City Planner Rumer indicated the city manager or city commission will be facilitating this request. Further discussion ensued regarding the audio recording in conjunction with the minutes and video, which is all located on the City's webpage. Vice-Chairman Keethler withdrew the above motion. (6:46 pm) Motion to include the following language to Page 7 of the April 10, 2018 Minutes, "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."; moved by Vice-Chairman Keethler, seconded by Member Frommer, motion passed 5-4 with Member Sills opposing. 2 Planning and Zoning Commission Meeting Special Meeting May 30,2018 (6:48 pm) Motion for Approval of the Consent Agenda, Minutes from the April 10, 2018 Meetin_q as Amended; Moved by Member Frommer, Seconded by Member Evans; Motion carried unanimously. III. OLD BUSINESS - None IV. NEW BUSINESS (6:48 pm) A. Strawder Property — Cauley Road Annexation and Rezoning; Project No(s): AX-01-18-70 & RZ-18-01-02. (Advertised in the West Orange Times on Thursday, May 17, 2018) (City Planner Rumer) (6:48 pm) City Planner Rumer presented a PowerPoint presentation outlining this proposed annexation and rezoning, which is located on the east side of Ocoee Apopka Road and 2,780 feet south of McCormick Road. The subject parcel is +1- 5.28 acres and vacant with a 20-foot access easement, which has been reviewed and approved by Assistant City Attorney Crosby-Collier stating the easements are appropriate and valid to provide access for a future building permit. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the north; and further, it already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property will require City of Ocoee water service. Upon annexation this parcel will receive an "A-1" (General Agriculture) zoning. Development Review Committee (DRC)Recommendation: On May 17, 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 Strawder Property. Staff 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 "A-1"of the property known as the Strawder Property located at Cauley Road. Discussion: Discussion ensued regarding the easements. Vice-Chairman Keethler asked what the vacant spot is in the middle of this parcel which is showing in the aerial photograph. City Planner Rumer said he believes it is just a cleared area with sandy soil. The Applicant is present for questions. 3 Planning and Zoning Commission Meeting Special Meeting May 30,2018 Discussion ensued regarding what the applicant intends to do with this parcel, which was answered by an audience member that the intention is to build a new home. 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. (6:59 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Strawder Property — Cauley Road Annexation; Project No: AX-01-18-70, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice- Chairman Keethler, Seconded by Member Evans; motion passed unanimously 5-0. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Strawder Property — Cauley Road Rezoning; Project No: RZ-18-01-02, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Frommer, Seconded by Member Sills; motion passed unanimously 5-0. (7:01 pm) B. Lot 8 Fountains West Planned Unit Development (PUD) Major Amendment Rezoning to PUD; Project No: RZ-18-04-06. (Advertised in the West Orange Times on Thursday, March 29, 2018) (City Planner Rumer) City Planner Rumer presented a PowerPoint presentation of this proposed rezoning, which is located on the northeast corner of the intersection of West Road and Ocoee Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres was designated as wetland/conservation and was dedicated to the City. Additionally, as part of the onsite wetland mitigation, 1.1 acres was dedicated to the City as a Public Trail (Tract G). The approved PUD created eight (8) commercial lots of which one (1) lot is designated as a shopping center (Lot 6-Publix) and another as a large church facility (Lot 8-Living Waters Church). The Applicant, Summit Construction, is requesting a Substantial/Major Amendment to the PUD to change the permitted uses of Lot 8 from a Church use to include commercial, self-storage, and daycare uses. The revision to the PUD also includes phasing in two separate phases. Phase 1 will include a 102,600 square foot three-story indoor self-storage facility and a possible 18,000 square feet of retail space or daycare. The self-storage is proposed to be accessed via internal drive isles within the building. The applicant is working on providing a future location for the Ocoee Fire Department in Phase 2. 4 Planning and Zoning Commission Meeting Special Meeting — May 30,2018 City Planner Rumer explained self-storage is allowed within the 429 Overlay; however, it is limited to only 30 percent of a mixed-use development, but this parcel is not within the overlay. Chairman McKey inquired if the pathway that is in front of the Publix adjacent to this parcel should continue on to this parcel. City Planner Rumer indicated the pathway is platted and will connect to the West Orange Trail. Vice-Chairman Keethler asked why it is acceptable to place a self-storage facility on this parcel. City Planner Rumer explained the facility will not be visible from the 429, there are more developments coming to this area and there are no self-storage facilities close by. Vice-Chairman Keethler disagreed indicating there is a brand-new facility close by in Apopka and believes the demand is not there. Discussion ensued regarding what types of uses will be allowed if this amendment is adopted. City Planner Rumer explained a traffic analysis that was conducted to determine daily trips, and indicated the developers will be required to pay a proportionate share towards a new signal if it is ever warranted. He further concluded they are voting on three items: the substantial amendment, rezoning ordinance and the land use plan (LUP). Development Review Committee (DRC)Recommendation: The Development Review Committee (DRC) met on May 17, 2018, and reviewed the Amendment to the PUD Land Use Plan for Lot 8, Fountains West PUD. According to the City's Land Development Code, alterations to an approved PUD Land Use Plan shall be classified as either substantial or non-substantial by the DRC. The Committee determined that the proposed amendment was considered a substantial amendment due to the criteria established in the City's Land Development Code. Accordingly, the proposed substantial amendment will be presented at a public hearing before the Planning and Zoning Commission and a public hearing before the City Commission. When the discussion was finished, the DRC voted unanimously to recommend approval of the Substantial Amendment to Lot 8. Staff Recommendation: Staff recommends that the Planning and Zoning Commission recommend Approval of the Substantial Amendment to the Zoning uses and Land Use Plan for Lot 8, of Fountains West PUD as date-stamped received by the City on May 17, 2018. Discussion: Vice-Chairman Keethler asked staff to explain one more time why a storage facility is not acceptable at the intersection of Clarke Road and Colonial Drive and not acceptable in any of the 429 Overlay areas, but is acceptable on this parcel. City Planner Rumer explained there are seven (7) facilities already on Colonial Drive, and he stated there are no storage facilities north of Colonial Drive except on Bluford Avenue. 5 Planning and Zoning Commission Meeting Special Meeting May 30,2018 (7:40 pm) Todd Lucas, Applicant, Summit Construction, 421 South Summerlin Avenue, Orlando, addressed concerns and indicated on a national average this area is underserved by self-storage per square footage because of the tremendous growth. He explained the state-of-the-art facilities they build; and further, stated this project is unique in that they will own this facility and hire a professional management company. Vice-Chairman Keethler asked why they are placing the facility at the front of the property instead of the back. Mr. Lucas explained there is a substantial slope in the back, which would cause them to have to develop the site up more; and further, trucks will be able to maneuver easier. Chairman McKey inquired if businesses will be allowed to be operated out of the bays. Mr. Lucas said this facility is only for personal storage, which will be controlled by a lighting system with motion sensors and timers, which will shut down after a period of time. There will be a log-in/log-out process and managers on site that will be walking the facility. Chairman McKey asked if there are any prospective clients/customers for Phase 2. Mr. Lucas said they currently have a letter of intent for a daycare on Phase 1, and they have had discussions with the City about Phase 2 being a potential site for the new fire department. 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. (7:49 pm) Member Sills is concerned about the traffic signal, which staff has already worked out. He believes this is a win-win for the City, because of the taxes it will generate. Vice-Chairman Keethler said he is opposed to this, because he does not believe a storage facility fits within the overall development in the area. He stated a three-story building is not going to be inconspicuous, and there is another storage facility very close by. Chairman McKey said he believes the full potential of this site has not been seen as of yet. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Lot 8 Fountains West Planned Unit Development (PUD) Major Amendment Rezoning to PUD; Project No: RZ-18-04-06, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Sills, Seconded by Member Evans. Chairman McKey mentioned he does like the idea of the property being brought onto the tax rolls. Motion passed 3-2 with Vice-Chairman Keethler and Member Frommer opposing. 6 Planning and Zoning Commission Meeting Special Meeting May 30,2018 (7:52 pm) C. 901 East Crown Point Road Planned Unit Development (PUD) Small Scale Comprehensive Plan Amendment from Low Density Residential to Light Industrial, Annexation and Initial Zoning to PUD, PUD Land Use Plan (LUP); Project No.(s): CPA-2018-004, AX-03-18-71 & RZ-18-03-03. (Advertised in the West Orange Times on Thursday, May 17, 2018) (City Planner Rumer) City Planner Rumer presented a PowerPoint presentation entailing the proposed Comprehensive Plan Amendment, annexation and initial zoning. This subject property is located on the east side of East Crown Point Road and 560 feet north of the intersection of Crown Point Cross Road and East Crown Point Road. The site is +1- 2.4 acres and currently contains a plant or tree nursery and mobile home. The subject property is considered contiguous to the City of Ocoee since it is bordered by property located within the City limits on the southern and eastern adjacent boundaries. The Applicant has requested a City of Ocoee zoning designation of PUD, which is consistent with the zoning of the properties to the south. The PUD zoning designation is consistent with the proposed future land use designation of Light Industrial. The development consists of developing in one phase a 28,000 square foot office warehouse. The building will be broken into twelve (12) units consisting of at least 2,403 square feet. Each unit will have a warehouse door located on the front adjacent to the front door to the office. Access will be via one full access driveway on East Crown Point Road. The entrance is approved by Orange County to be constructed without a left-turn lane or right-turn deceleration lane and no widening of the right-of-way into this site. Parking is provided by 91 parking spaces, which code requires approximately 60 parking spaces. The applicant has agreed to dedicate ten (10) feet right-of-way for future utility locations. No waivers are being requested as the proposed development meets all buffer and setback requirements. Onsite stormwater is provided via a dry retention pond. The site does not contain any of the Wekiva Study Area environmental indicators such as "A" soils on the site. The proposed maximum amount of open space required is 20%. The proposed site plan will require connection to City of Ocoee potable water and sewer. Vice-Chairman Keethler asked about the traffic analysis in this area. City Planner Rumer clarified that the traffic analysis configured 91 daily trips. Development Review Committee (DRC)Recommendation: On May 17, 2018, the DRC met to determine if the proposed annexation, rezoning, and Small Scale Comprehensive Plan Amendment was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted to recommend a Small Scale Comprehensive Plan Amendment from Low-Density Residential (LDR) to Light Industrial (LI), Annexation, and Rezoning to PUD (Planned Unit Development)for the 901 E Crown Point Road PUD Property. 7 Planning and Zoning Commission Meeting Special Meeting May 30,2018 Staff Recommendation: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission recommend approval of the Small Scale Comprehensive Plan Amendment from Low-Density Residential (LDR) to Light Industrial (LI), Annexation, and Rezoning to PUD (Planned Unit Development)for the 901 E Crown Point Road PUD Property. Discussion: Larry Poliner, Applicant, RCE Consultants, 617 Arvern Drive, Altamonte Springs, explained local water agencies require a wet and a dry pond with development to reduce chemicals. Parking was discussed and explained the current plan is not final and there will be less than 91 parking spaces. Discussion ensued regarding what type of companies rent these types of bays. Chairman McKey conveyed he is concerned about the traffic City Planner Rumer referenced emails from the traffic consultant which indicates the traffic count is on the low end. 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. (8:12 pm) (8:15 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 901 East Crown Point Road PUD Annexation; Project No: AX-03-18-71, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Frommer, Seconded by Member Sills; motion carried 5-0. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 901 East Crown Point Road PUD Small Scale Comprehensive Plan Amendment from Low Density Residential to Light Industrial; Project No: CPA-2018-004, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Evans, Seconded by Member Frommer; motion carried 5-0. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 901 East Crown Point Road PUD Initial Zoning; Project No: RZ-18-03-03, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Evans, Seconded by Member Frommer; motion carried 5-0. 8 Planning and Zoning Commission Meeting Special Meeting May 30,2018 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 901 East Crown Point Road PUD Land Use Plan (LUPI, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Frommer, Seconded by Member Sills; motion carried 5-0. D. Nicole Subdivision Preliminary & Final Subdivision Plan; Project No: LS- 2017-004. (Advertised in the West Orange Times on Thursday, May 17, 2018) (City Planner Rumer) THIS ITEM HAS BEEN CONTINUED TO THE JULY 10, 2018 PLANNING & ZONING COMMISSION MEETING City Planner Rumer opened this item and announced it is being continued to the July 10, 2018, Planning and Zoning Commission Meeting. 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. (8:21 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, continue Nicole Subdivision Preliminary & Final Subdivision Plan; Project No: LS-2017-004 to the July 10, 2018, Planning and Zoning Commission Meeting; Moved by Vice-Chairman Keethler, Seconded by Member Evans; motion carried 5-0. V. MISCELLANEOUS Assistant City Attorney Crosby-Collier explained that since this board is dissolving and this is their final meeting, they can make a motion to allow the Chairman to approve these minutes. (8:23 pm) Motion for Chairman McKey to approve the Minutes from this meeting of May 30, 2018 Planning and Zoning Commission Meeting; moved by Vice-Chairman Keethler, Seconded by Member Evans; Motion carried unanimously. Discussion ensued regarding the recently adopted City Ordinance, which has restructured the Planning and Zoning Commission. Chairman McKey announced he resents the entire proposal on this restructuring and believes it is a disservice to the city. He subsequently resigned from the board, stated he would not consider serving on this board again; and further, stated he will do everything he can to make everyone's life miserable. He read a quote, announced this ends his 25-year career and stepped down. 9 Planning and Zoning Commission Meeting Special Meeting May 30,2018 Vice-Chairman Keethler made a statement for the record that none of his statements were meant as a personal attack on City Planner Rumer. A. Project Status Report Vice-Chairman Keethler commented that the land clearing at the southwest corner of State Road 50 and Maguire is much greater than what he recalls being discussed. City Planner Rumer explained the clean-up and clearing is part of the settlement agreement between the City, the property owner and developer. Discussion ensued regarding what the developer's intentions are for that site. ;. B. May Calendar VI. ADJOURNMENT - 8:33 pm ATTEST: APPROVED: /4410riatZ-Gt0Q----- Motion Approved Kathy Heard, Recording Clerk { 10