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11-12-2019 Minutes t J► ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, November 12, 2019 I. CALL TO ORDER - 6:32 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chair Joel Keller, Vice-Chair Lavon Williams (arrived at 6:34 pm), Member Brad Lomneck, Member Jason Mellen, Member Rodger Wunderlich Also Present: Development Services Director Mike Rumer, Zoning Manager Kiel Gajadhar, Assistant City Attorney Dana Crosby-Collier and Recording Clerk Kathy Heard II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held October 8, 2019. (6:33 pm) Motion for Approval of the Consent Agenda: Moved by Member Wunderlich, Seconded by Member Mellen; Motion carried unanimously. (Vice-Chair Williams arrived) (Items heard out of agenda order) Development Services Director Rumer announced Item B, the Rotondo request for a variance, is being continued due to possible inaccuracies regarding the sizes of the lots. He announced a 300 foot notice will be mailed out again, and an advertisement is not needed. 1 Planning&Zoning Commission November 12,2019 (6:35 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, continue the Rotondo Property, 101 East Orlando Avenue, Project No: VR- 19-05, to the December 10, 2019 Planning and Zoning meeting; Moved by Member Lomneck , Seconded by Member Wunderlich; motion passed unanimously. Vice-Chair Williams apologized for her tardiness. III. OLD BUSINESS —(6:36 pm) A. Land Development Code (LDC) Amendment to Article VI and Article VIII Signage Standards. (Advertised in the West Orange Times on Thursday, September 26, 2019, and Continued from the October 8, 2019 P&Z Meeting) (Development Services Director Rumer) Development Services Director Rumer announced this item is continued from the last Planning and Zoning meeting of October 8, 2019. He updated the board indicating the City is currently in the process of reviewing the Land Development Code (LDC), specifically Article VI, Section 6-14 (Commercial and Industrial Development Regulations), and Article VIII (Signs), for scrivener's errors, revisions and adopting new language regarding the Downtown Overlay with urban criteria. He explained the process which is moving the sign verbiage in its entirety from Article VI, Section 6-14, and adding that language and additional new language relating to the Downtown Overlay to Article VIII. He emphasized the criteria of the code is not changing; and further, it is only being moved to a new location within the code. He presented different wall signage for the urban Downtown Overlay. He listed several revisions such as changing the term "Building and Zoning Official" to "Building Official"; and further, creating a new process to obtain a variance. This new process will take the review of variances from the Development Services Director to the Development Review Committee (DRC). The new criteria for the Downtown and State Road 429 Overlays will also be added. He discussed further various signs such as blade signs, grand/re-grand opening signs, and white flickering signs within the Downtown Overlay area as well as menu boards. He reminded the Board that handheld signs are located under a different section within the LDC. Development Review Committee (DRC)Recommendation: The Development Review Committee (DRC) met on Tuesday, October 1, 2019 and reviewed the proposed amendment. The DRC voted to recommend approval of the language as proposed. Staff Recommendation: Staff recommends that the Planning and Zoning Commission recommend approval of the proposed amendments to the Land Development Code to provide for regulations of signage. 2 Planning&Zoning Commission November 12,2019 Discussion: Vice-Chair Williams inquired about the formalities of how the guidelines are enforced with regards to discretionary policies. Development Services Director Rumer explained the policy having to do with a grand/re-grand opening is a City policy, which was established years ago when there was a downturn in the economy, and the policy has not been revised or released since then. If this policy starts to get abused, the City can easily eliminate or revise the policy. Member Mellen asked who the "Development Services Director or his/her designee" is within Section 8-3.H "Interpretation"; and further, why the interpretation decision would go to that individual. Development Services Director Rumer explained that the "Interpretation" is regarding construction location, but not signage type and size; and further, explained they believe the Building Official should not be the individual to make that decision, because the dispute could be concerning the Building Official's determination. Vice-Chair Williams said she believes it would be the Building Official's call if the dispute is regarding the construction. Assistant City Attorney Crosby-Collier clarified and indicated if there is a dispute between a homeowner/developer and the Building Official regarding the Building Official's determinations, there would be no relief to dissolve the dispute. Taking this decision away from the Building Official and giving it to the Development Services Director or his/her designee will provide relief from any disputes arising from decisions made by the Building Official. Chair Keller commented that this item was presented very well compared to the first time it was presented. He asked what "raceway" means under "Downtown and 429 Character Area Overlay District— Specific Guidelines. 2. Wall Sign. C. Dimensions iii. Raceway may not exceed 20% of the height of the sign letters." Development Services Director Rumer explained it is an architectural detail on a sign. (7:10 pm) Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak on this proposed project. As no one wished to speak, the public hearing was closed. (7:11 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Land Development Code (LDC) Amendment to Article VI and Article VIII Signage Standards, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Lomneck, Seconded by Member Mellen; motion passed unanimously. 3 Planning&Zoning Commission November 12,2019 IV. NEW BUSINESS — Public Hearings (7:11 pm) (The next item was continued to the December 10, 2019 Planning and Zoning Meeting- see Page 2.) B. Request for Variance — Rotondo Property, 101 East Orlando Avenue, Project No: VR-19-05. (Advertised in the West Orange Times on Thursday, October 31, 2019) (Zoning Manager Gajadhar) V. MISCELLANEOUS (7:11 pm) A. Project Status Report City Planner Rumer updated the Board with the following: • Bluford Avenue at State Road 50 is currently closed due to pipes that have cracked because of settlement. • Popeyes is having some parking and drive-thru problems due to a popular chicken sandwich. • The City had a meeting with Sonny's, which is proposed to go in the vicinity of Highway 50 and Maguire Road, and also proposed to be a new concept with a drive-thru. • There is an upcoming annexation and rezoning for a parcel near State Road 50 and Marshall Farms Road, which is proposed to be a Comfort Inn. • Member Lomneck asked why the new building with the Huey Magoo's is not on the list. Development Services Director Rumer explained the building is finished so it was taken off the list. It is now only an interior buildout. • Member Wunderlich asked why Arya and Legacy Lifestyles off of Roberson Road have not broken ground. Development Services Director Rumer explained Arya will be breaking ground any day now, but Legacy Lifestyles is not. He said the age-restricted development, Arya, will be developed first, and then the assisted living facility, Legacy Lifestyles, will come after. B. November Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Williams; motion passed unanimously. VI. ADJOURNMENT - 7:20 pm ATTEST: APPROVED: i //' 7 /7 �,, . - athy eard, Recording Clerk bel Keller, Chair 4