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01-11-2022 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, January 11, 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 Williams, Member Kennedy,Alternate Member Keller Absent: None Also Present: Development Services Director Rumer, City Attorney Cookson, Recording Clerk Heard II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held December 14, 2021. Motion for Approval of the Consent Agenda: Moved by Vice-Chair Mellen, Seconded by Member Williams; Motion carried unanimously. (6:33 pm) III. OLD BUSINESS -None IV. NEW BUSINESS —Public Hearings (6:34 pm) A. Ocoee Townhomes—449 South Bluford Avenue, Small Scale Comprehensive Plan Future Land Use Map Amendment from Low Density Residential (LDR) to High Density Residential (HDR) & Rezoning from Single Family Dwelling(R-1AA) to Multi- Family Dwelling District(R-3); Project No(s): CPA-2021-007 & RZ-21-10-31. (Advertised in the West Orange Times on Thursday, December 30, 2021) Member Kennedy inquired from City Attorney Cookson about whether or not he should abstain from voting on this item. He explained his situation, and City Attorney Cookson advised him to abstain. Development Services Director Rumer presented a brief overview of this proposed project,which is approximately 0.78 acres and is located on the west side of South Bluford Avenue at the terminus of 7th Street, approximately 285 feet south of Delaware Street, within the downtown area. He explained this request is to amend the Comprehensive Plan Future Land Use Map for the subject property from LDR to HDR and rezone the parcel from Single Family Dwelling(R-1AA)to Multi- Family Dwelling District (R-3). He explained the Downtown Masterplan, which was adopted in Planning&Zoning Commission January 11,2022 2017, included widening Bluford Avenue and the sidewalks, adding street trees and more. For consistency, the City is currently under contract to continue the Bluford Avenue Corridor from Delaware Street to Old Winter Garden Road. He further explained, currently under construction and located south of Franklin Street and west of Bluford Avenue is the master stormwater pond for the downtown area, which will be disguised as a park with beautiful landscape, waterways and walkways. Phase 1 of Oakland Avenue will be underway soon, which will entail one-way traffic and widened sidewalks with a 24-foot continuous trail. This phase will also include adding widened sidewalks on one side of Taylor Street with a roundabout at Franklin Street. Development Services Director Rumer stated, as the downtown progresses,Bluford Avenue will be viewed as a business opportunity, and residential properties will be rezoned to commercial. This requested change from Low Density Residential to High Density Residential to develop a single- family attached townhome subdivision is consistent with the Future Land Use Element Policy 1.4 (to allow mixed and multi-uses in the Special Overlay Areas) and the Downtown Redevelopment Area goal (to provide various forms of residential uses) as this area is currently predominantly single-family detached dwelling units. Development Services Director Rumer explained the development standards established in Section 6-15, as they relate to townhome units, shall apply to this proposed project such as: (1) Have zero (0) side building setbacks (internal building setbacks); (2) Meet minimum front building setbacks from the property line and arterial roadway, and provide a minimum 25-foot building perimeter setback. Additionally, as this site is located along the Bluford Avenue Corridor, it will be required to provide landscaping consistent and supportive of the South Bluford Avenue Streetscape Project. As shown on the plans, the applicant is proposing an internal drive along Bluford Avenue instead of seven(7) individual driveways. Water and solid waste services are available to serve this site; however, development of the 7-unit townhome subdivision will require sewer connections. Utilities staff and the applicant have been in discussions, and further evaluation will be conducted. Discussion: Member Keller asked whether they are proposing seven (7) units or six (6) units. Development Services Director Rumer stated he believes they can get the seven (7) units. Discussion ensued regarding the rendering and parking. Member Mellen asked if this project is considered an exception to the Comprehensive Plan due to the lack of stoops and porches. Development Services Director Rumer explained the rendering is only to show what the frontage may depict; however, the plans will come at a later point. Chair Lomneck explained the renderings will come at a later time. This item tonight is only about changing the land use. Member Williams inquired if this parcel is changed to High Density land use, will that correlate with the vision of how this area will transition. Development Services Director Rumer answered in the affirmative. Member Forges asked if high density will allow apartments, and whether this project could fall under medium density. Development Services Director Rumer answered high density does allow apartments. He explained this project could fall under medium density if it has less than six (6) units. 2 Planning &Zoning Commission January 11,2022 Chris Sears,Applicant, explained the plans are boutique townhomes, and the rendering provided tonight is not correct. He said they are proposing two bedroom/two bath townhomes with approximately 1,600 to 1,800 SF. The original renderings were based off of Park Place at Winter Garden with flat roofs, brick accents and frontloading garages. He further explained they are thinking of surrounding neighbors and plan to place a wall on the back of the property; however, they do wish to build seven(7) units. Chair Lomneck opened the public hearing. (7:14 pm) Maggie Musial, Ocoee Resident, said she is not a fan of this project and is concerned that there are no plans for open space. She stated she believes they are opening an opportunity that the residents of Hidden Oaks are not interested in. She further stated she has letters from neighbors that share the same opinion. Scott Lougheed, Ocoee Resident,shared he found discrepancies and has concerns about this project and the Comprehensive Plan, zonings and setbacks. Larry Kline, Ocoee Resident, said he is opposed to this project, because it he believes it will decrease the value of the surrounding homes. Jennifer Hawkins, Ocoee Resident, stated she is opposed to this project. Henry Pelfrey, Ocoee Resident, concerned about traffic congestion and the volume of traffic. Mike Blackwell, Ocoee Resident, questioned the easement between his house and this project, the proposed driveways, and asked if this would increase or decrease property value. Larry Kline, Ocoee Resident, asked about the proposed internal driveway, and believes that does not fit in with the downtown vision. Carmel Powers, Ocoee Resident, does not like the vision of turning the residential parcels into commercial. Maggie Musial, Ocoee Resident, stated she is concerned about the community and property values, and said there are too many unknowns in order to change the zoning. Jennifer Hawkins, Ocoee Resident, said she does not believe this project will be similar to Park Place in Winter Garden. Chair Lomneck closed the public hearing. (7:38 pm) Member Keller explained to the audience that the City Commission will limit speakers to three(3) minutes. Member Mellen explained they should email their concerns to the City Commission prior to the meeting. Development Services Director Rumer addressed the various concerns, and explained that the downtown vision plan was approved by the City Commission;however, due to the pandemic,it has not been adopted by ordinance yet. Once the Downtown Masterplan is adopted by ordinance, it all will be more understood. 3 Planning&Zoning Commission January I I,2022 Chair Lomneck explained he feels high density in this vicinity is premature. He feels medium density with a recommendation of no more than six (6) units may work. Discussion ensued regarding setbacks. Member Mellen agreed with the residents, and does not believe the aesthetics follow the current profile. He does not believe the townhomes would raise neighboring values and may just decrease them. Member Kennedy indicated that although he is not voting, he believes there are concerns about extending the downtown development that far south. Member Williams said she is concerned about the comments. She indicated timing is important, and believes the timing is not right for this project. She explained this board is only a recommendation board, and it is important for citizens to address the City Commission. Member Forges said he is not a fan of high density in this area,because this would open the gate for something that may not be right in the future. He further expressed that townhomes and condominiums do bring value to communities and would raise property values. Member Keller expressed he can envision Geneva Street south to Old Winter Garden Road being commercial,but not Geneva Road going north. He believes this section is not ready for townhomes next to single-family. Chair Lomneck clarified that this applicant is not seeking a commercial use. (7:54 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of the Ocoee Townhomes at 449 South Bluford Avenue, Small Scale Comprehensive Plan Future Land Use Map Amendment from Low Density Residential (LDR) to High Density Residential (HDR); Project No: CPA-2021-007, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Mellen, Seconded by Member Keller motion carried unanimously with Member Kennedy abstaining. (Form 88 is filed with the City Clerk's Department) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of the Ocoee Townhomes at 449 South Bluford Avenue, Rezoning from Single Family Dwelling (R-1AA) to Multi- Family Dwelling District (R-3); Project No: RZ-21-10-31, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Williams, Seconded by Vice-Chair Mellen; motion carried unanimously with Member Kennedy abstaining. (Form 88 is filed with the City Clerk's Department) 4 Planning&Zoning Commission January 11,2022 V. MISCELLANEOUS - (8:00 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • A Polaris dealership is coming to Ocoee on State Road 50. • A preconstruction meeting is coming up with Christian Brothers Automotive. • The developers for the Ocoee Village Center currently have N. Lakewood Avenue shutdown to install a roundabout. • Currently there is a lot of townhome development. • A Comprehensive Plan update will be coming soon. B. January Calendar-No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Keller, Seconded by Member Williams: motion carried unanimously. VI. ADJOURNMENT - 8:00 pm ATTEST: APPROVED: A4(7 .41 :4ANO K thy He d, ecordingClerk BlIv\d Lomller Chai 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA E—FIRST ME--MIDD E NAME NAME OF BOARDBO COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE -e��-e , c kA f1 Pa �LL { i MAI !NG ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON -( 30 '�^, evz, q "�tZ.t vim.. SERVE ISAUNITOF: CITY .•11 COUNTY CITY 0 COUNTY 0 OTHER LOCALAGENCY Cit_fae.J ` orr. A� Q Q NAME OF POLITICAL SUBDIVISION: DATE ON WHICH/VOTE CURRED �/ MY POSITION IS: J / I( �Z.Z_ Q ELECTIVE lb 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 have 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 before 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 PAGE1 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 AI I EMPT 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 1 co-f , hereby disclose that on L( ,20Zz. �«<JJJJ (a)A measure came or will come before my agency which (check one or more) ?4 inured to my special private gain or loss; v� inured to the special gain or loss of my business associate, � R`et'- c'�A� 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:// --r-kt atitpie‘ ce4t,„±- I a 15A. a I (01/4, (0 67 c ait0 (a no LcAA.A--; If disclosure of specific information would violate confid tialit 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. d G�77--J Zz L Date Fil n ture 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, ORA CIVIL PENALTY NOT TO EXCEED$10,000. GE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.G.