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09-14-2021 Minutes ocoee florlda MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, September 14, 2021 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 Opsahl, Recording Clerk Heard H. CONSENT AGENDA A. Minutes of the Planning& Zoning Commission Meeting held July 13,2021. (6:32 pm) Motion for Approval of the Consent Agenda: Moved by Member Williams, Seconded by Member Forges; Motion carried unanimously. III. OLD BUSINESS -None IV. NEW BUSINESS —Public Hearings (6:32 pm) A. Starbucks Ocoee—Substantial Amendment to Lot 3 of the Proposed Fountains West PUD/LUP; Project No: RZ-21-07-26. (Advertised in the West Orange Times on Thursday, September 2, 2021) Development Services Director Rumer presented a brief overview of the Fountains West PUD, 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, and approximately 4.73 acres was designated as wetland/conservation and was dedicated to the City.The original PUD was approved 1 Planning&Zoning Commission September 14,2021 in 2006 with a drive-in restaurant permitted on Lots 3—7; however,the City Commission amended the permitted uses in the Development Agreement for Lot 3 by removing"Drive-in" Restaurants. Subsequent to that approval, McDonald's applied for a restaurant with their customary drive-thru on Lot 2 and was denied based on the drive-thru location. The new applicant, Starbucks Coffee, is proposing a land-use change that will allow Lot 3 to construct a new Starbucks coffee shop with two (2) drive-thru lanes at the former Fifth Third Bank site. Discussion: Chair Lomneck asked if the bank will be demolished to which Development Services Director Rumer answered in the affirmative. He further suggested the board recommend to apply the approval for a drive-thru to this specific user, Starbucks, in case the Starbucks fell through. Member Keller clarified that in 2006 the City Commission did not want a late night drive-thru in that location,because of the nearby single-family homes.He further concurred with staff and agreed with recommending to apply the drive-thru use to this specific applicant only, Starbucks. Chair Lomneck opened the public hearing. The applicant was present for questions. Bob Ziegenfuss, PE, Applicant, Z Development Services, 708 E. Colonial Drive, Orlando, stated they have been retained by an entity that develops Starbucks, which is currently under contract to purchase this property. He explained the double drive-thru is to reduce onsite stacking and stated most restaurants with drive-thrus are now putting in double drive-thru lanes. Vice-Chair Mellen asked if this Starbucks will be a micro-size or full-size. Mr. Ziegenfuss explained it is a brand-new, full-size prototype with a double drive-thru. This location will be Starbucks' first with double ordering stations in the state of Florida. Chair Lomneck closed the public hearing. (6:47 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Starbucks Ocoee Substantial Amendment to Lot 3 of the Proposed Fountains West PUD/LUP; Project No: RZ-21-07-26, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Mellen; Member Williams inquired about the amendment to tie the drive-thru to the Starbucks. Chair Lomneck concurred to add a condition that the drive-thru is only applicable to the applicant, Starbucks. Seconded by Member Williams; motion carried unanimously. 2 Planning&Zoning Commission September 14,2021 B. Arya Office—Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Professional Offices and Services District; Project No(s): CPA-2021-003 & RZ-21-07-27. (Advertised in the West Orange Times on Thursday, September 2, 2021) Development Services Director Rumer introduced Zoning Manager Whitfield who was recently hired with the City and brings a number of years of experience from Orange County, the City of Oviedo and the Florida Department of Economic Opportunity. Zoning Manager.Whitfield presented a brief overview of 868 Roberson Road, which is located on the north side of Roberson Road, east of the Tomyn Boulevard (Windermere Road) and Roberson Road roundabout. The subject property consists of 10.47 acres, and approximately 2.45 acres are wetlands/flood zones. These areas and their associated upland buffers will not be developed, but rather will be dedicated to the City. The property was recently approved for a Preliminary/Final Site Plan for a four-story 203,000 SF, 142-unit Independent Living(55+)Facility with the entrance driveway/main access point at Roberson Road. The applicant is proposing to develop medical offices in the remaining 1.94 acres of land in the southwest corner of the subject property. In order for medical offices to be permitted, the land requires a future land use designation of Professional Offices and Services (P-S) and a zoning classification of P-S (Professional Offices and Services). Therefore, the applicant is requesting to amend the future land use designation of the 1.94 acres from Low Density Residential (LDR) to Professional Offices and Services (P-S), which would rezone the 1.94-acre portion from R-1AA to P-S. Water, sanitary sewer, reclaimed water (when available), solid waste and police & fire protection will all be provided by the City of Ocoee. Discussion: The Board had no comments or questions. The applicant was not present for questions. The Public hearing was opened As no speaker forms were received, the public hearing was closed (7:26 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Arva Office Small Scale Comprehensive Plan Future Land Use Map Amendment; Project No(s): CPA- 2021-003, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Mellen, Seconded by Member Williams; 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 Arva Office Rezoning to Professional Offices and Services District; Project No(s): RZ-21-07-27, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Williams, Seconded by Member Forges; motion carried unanimously. 3 Planning &Zoning Commission September 14,2021 (Next item heard out of Agenda order) C. Ocoee Village (Franklin Street) Preliminary Site Plan; Project No: LS-2021-006. (Advertised in the West Orange Times on Thursday, September 2, 2021) Development Services Director Rumer presented a brief overview of the Ocoee Village project, which is currently vacant and located on Franklin Street/SR 438, east of SR 429. A Preliminary Large Scale site plan was approved on June 6, 2017, which proposed a mixed-use of commercial and office buildings consisting of four(4)two-story buildings totaling over 88,000 SF.Access into the site will be provided through the main entrance on Franklin Street, which is controlled by the Florida Department of Transportation. Stormwater retention will be provided on site. The site will also be serviced with City of Ocoee water and sewer. The property lies within the SR 429 Overlay area. The site plan meets the intention of the SR 429 Overlay and has been reviewed by the City's Consultant that is drafting the criteria. The subject site is currently zoned "Community Commercial" (C-2). The Future Land Use designation for the subject site is "Commercial." The owner is now requesting a revision to the previously approved Ocoee Village Preliminary Large Scale Site Plan (PSP). The revised site plan provides for two (2) two-story buildings with 72,712 SF for office/retail. The entrance to Franklin Street will remain the same with a new access on the easternmost side of the site off of Franklin Street. Development Services Director Rumer announced upcoming improvements to this vicinity. He stated the 429 Expressway Authority is planning to construct a new exit ramp off of SR 429 to Franklin Street that will loop around, and the vehicles will be facing south off of Franklin Street. The 429 Expressway Authority will also improve and widen Franklin Street(SR 438)from the new exit ramp to Bowness Road. He further explained another improvement involving FDOT and MetroPlan to widen Silver Star Road. Discussion: The applicant was present for questions. Chair Lomneck inquired if this character area of the SR 429 Overlay is strictly for office/retail mixed use, or will restaurants be allowed. Development Services Director Rumer explained this character area and stated stand-alone restaurants are welcome. Vice-Chair Mellen asked if the prior plans had a retention pond in the middle. Development Services Director Rumer explained there was a proposed retention pond;however,the impervious area is still the same. Chair Lomneck opened the public hearing. Brian Denham, PE, Denham Engineering, 7602 Ficquette Road, Windermere, explained that the revised plans show that the buildings have been placed further away from the residential homes to 4 Planning&Zoning Commission September 14,2021 the north, and the building to the east has been pulled in. He stated there is a big retention pond in the back; however, there will be underground exfiltration. Member Williams asked for clarification on the limited access.Mr.Denham explained the access point is as far west as the Expressway Authority would allow, and FDOT requested the additional access point on the east for future progression. Member Forges asked if a third building could fit on the site. Mr. Denham answered there is no room for a third building with the required parking. Joe Burns, Owner of Windermere Pools, 568 Bowness Avenue, indicated he is concerned about drainage, because Bowness Avenue floods with heavy rains. He is also concerned about traffic at the access on the southeast corner alleyway, because there is already heavy traffic in that area. Development Services Director Rumer clarified wastewater will drain to the northwest side, not the northeast towards Bowness Avenue. Mr. Denham further explained the drainage and the southeast access point. Chair Lomneck asked once the roadwork realignment is completed, if it would change all of the surrounding roadways. Development Services Director Rumer answered in the affirmative. Linda Miller, Glenn's Paint & Body Shop, 435 W. Franklin Street, stated their shop and mini- storage warehouse units are adjacent on the east side. She is concerned about their access on Franklin Street,because they have deliveries with large trucks that come and go from their business. She asked how their access from Franklin Street will be impacted. • Development Services Director Rumer stated FDOT is requiring the alleyway entrance next to their shop; and further, he explained the Silver Star Corridor Study, which anticipates placing a roundabout at Bowness Avenue and Franklin Street. Mr. Denham offered that he will inquire with FDOT to see if they can install a flush ribbon curb at the Ocoee Village southeast driveway to help their truckdrivers access the shop's driveway. Chair Lomneck closed the public hearing. (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 Ocoee Village fFranklin Street) Preliminary Site Plan; Project No: LS-2021-006; and further, if possible, add a condition that FDOT and the Applicant work with Glenn's Paint & Body Shop on the access points off of Franklin Street, subject to resolution of the remaining staff comments before the City Commission meeting: Moved by Member Williams, Seconded by Vice-Chair Mellen; Member Forges stated what the engineer is suggesting should not be a condition for final approval in case he is not allowed per FDOT. Chair Lomneck stated if it's possible, they should do it. After discussion: motion carried unanimously. 5 Planning &Zoning Commission September 14,2021 D. Aplausos LLC, 113 West Oakland Avenue — Small Scale Comprehensive Plan Future Land Use Map Amendment & Rezoning to Commercial; Project No(s): CPA-2021-005 & RZ-21-08-28. (Advertised in the West Orange Times on Thursday, September 2, 2021) Chair Lomneck announced that due to a conflict, Member Forges will be abstaining on this item and Alternate Member Keller will be voting. (Form 8B is filed with the City Clerk's Department.) Zoning Manager Whitfield presented a brief overview of this proposed property,which is at 113 West Oakland Avenue, approximately 0.29 acres in size, and is located on the north side of West Oakland Avenue, approximately 150 feet west of North Cumberland Avenue. The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment(CPA)to convert the subject property from Low Density Residential (LDR) to Commercial (COMM), and a corresponding rezoning of the property from R-1AA (Single-Family Dwelling District) to C-2 (Community Commercial District) zoning classification in order to allow for the development of commercial, office, and a variety of residential or mixed land uses. The subject property is located within the City's Downtown Redevelopment Area Overlay. The intent of the Downtown Redevelopment Area Overlay, as prescribed in Section 5-3.1, is to attract reinvestment in the downtown area of Ocoee through flexible development regulations and codes and innovative designs which support land uses or mixes of land uses that promote the economic viability of the City's downtown. Desirous land uses include, but are not limited to, retail, general. commercial, restaurants, professional offices and services and a variety of residential uses. In accordance with the Comprehensive Plan, the current Low Density Residential (LDR) future land use designation limits development on the property to one (1) single-family residential and no commercial uses. At a floor area ratio (FAR) of 3.0 under the proposed Commercial future land use, the property could be developed with up to 37,000 square feet of retail, restaurant, office and other non-residential uses or a mix of residential and non-residential uses. Thus,the proposed CPA and rezoning would allow for the opportunity for commercial,residential live/work, and mixed uses to help stimulate economic activity near the City's downtown core. The proposed map amendment and rezoning are consistent with and support the goals of the City's Downtown Redevelopment Area Overlay, and are not anticipated to have adverse impacts on existing or planned public infrastructure. Staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. Discussion: Chair Lomneck asked if a user has been identified for this site, or whether a site plan has been submitted. Zoning Manager Whitfield said she is not aware of any. The Public hearing was opened.As no speaker forms were received, the public hearing was closed. 6 Planning&Zoning Commission September 14,2021 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Aplausos LLC, 113 West Oakland Avenue Small Scale Comprehensive Plan Future Land Use Map Amendment; Project No: CPA-2021-005, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Keller, Seconded by Member Williams; Chair Lomneck stated, because of this location, he wished there was a user or a plan of some sort and does not want to vote without it. Development Services Director Rumer explained this is the first parcel on the north side of the downtown redevelopment that has proposed to be rezoned to commercial, which in essence protects the integrity of Oakland Avenue and the surroundings. After discussion, motion carried 5-0 with Member Forges abstaining. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Aplausos LLC, 113 West Oakland Avenue Rezoning to Commercial; Project No: RZ-21-08-28, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Kennedy, Seconded by Member Keller; motion carried 5-0 with Member Forges abstaining. E. Private Property Rights Element—Comprehensive Plan Text Amendment to Create New Property Rights Element; Project No: CPA-2021-004. (Advertised in the West Orange Times on Thursday, September 2, 2021) Zoning Manager Whitefield presented a brief overview of this Comprehensive Plan Text Amendment,which was derived from House Bill 59 that was signed into law on June 29, 2021 and became effective as of July 1,2021. Specifically, Section 163.3177(6)(i),F.S.,was added to require that"in accordance with the legislative intent expressed in § 163.3161(10)and 187.101(3)that local government entities respect judicially acknowledged and constitutionally protected private property rights, each local government shall include in its comprehensive plan a property rights element to ensure that private property rights are considered in local decision-making." Development Services Director Rumer explained this amendment in more detail. Discussion: The Board had no comments or questions. The Public hearing was opened.As no speaker forms were received, the public hearing was closed. (7:44 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Comprehensive Plan Text Amendment to Create a New Property Rights Element; Project No: CPA- 2021-004, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Mellen, Seconded by Member Williams; motion carried unanimously. 7 Planning&Zoning Commission September 14,2021 V. MISCELLANEOUS - (7:45 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • Sonny's Barbecue is currently under development. • The City's Tentative and Final Budget Public Hearings are coming up. • There was a preconstruction meeting for the townhome portion of Ocoee Village Center. • A lift station was installed at Clarcona Ocoee Road and North Lakewood. • Two townhome developments are finishing up on Clarke Road. • A couple of projects on State Road 50 have been approved. • Explained a proposed temporary moratorium on self-storage facilities. • Vice-Chair Mellen inquired about the oil tanks off of Bowness Road. Development Services Director Rumer explained that property is owned by a trust with one surviving family member, and nothing can happen with the land until something is done with the trust. B. September Calendar- No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Williams, Seconded by Member Forges; motion carried unanimously. VI. ADJOURNMENT - 7:50 pm ATTEST: ' APPROVE P! ri thy H rd, Recording Clerk \Aai 1°14 Lom n 8 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IAST��FI "�M� tD�D`LE NAME �� NAME OF Bp O�.RD,COUNCIL,MA ASS! AUTHORITY,OR COMMITTEE MAILING A //ESS J THE BBOOJARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 1 1 S` ( For WHICHISERVEISAUNITOF: - CITY _COUNTY /CITY ❑COUNTY 0 OTHER LOCALAGENCY 0 1'D. , }�} ^�(A�� NAME OF POLITICAL SUBDIVISION: DATE I N WHICH VOTE OCCURRED j� ( MY POSITION IS: !jj// l/ ! l GofELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you hay.a a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form befo completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * �- * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: - - Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST J I, (_,(_)_2 �� , hereby disclose that on / � [ / 4/ , 20 27 : (a)A measure came or will come before my agency which (check one or more) inu o my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ,by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. >---)/ / //rDate F€I ature ,� g NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.