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06-14-2022 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, June 14, 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 Absent: Alternate Member Keller Also Present: Development Services Director Rumer, Zoning Manager Whitfield, Assistant City Attorney Drage, Recording Clerk Heard II. CONSENT AGENDA A. Minutes of the Planning &Zoning Commission Meeting held May 10, 2022. Motion for Approval of the Consent Agenda; Moved by Vice-Chair Mellen, Seconded by Member Forges; Motion carried unanimously. III. OLD BUSINESS -None IV. NEW BUSINESS—Public Hearings (6:30 pm) A. Variance Request for Barenburg at 125 South Lakeshore Drive, VR-22-03. (Advertised in the West Orange Times on Thursday, June 2, 2022) Zoning Manager Whitfield presented a brief overview of this variance request, which is located at 125 S. Lakeshore Drive and zoned R-1AAA Single-Family Dwelling. This parcel lies on a corner lot with one (1) side adjacent to South Lakeshore Drive and two (2) sides adjacent to Lafayette Street. The home on this lot was built in 1958 with no garage. The current property owners bought this home in November of 2021 and wish to build a garage adjacent to the home at the rear of the property. However, due to the triangular shape of the parcel, the proposed garage would be approximately fifteen (15) feet from the property line facing Lafayette Street, which is considered a front yard and requires a setback of 30 feet, per Section 5-14A. The applicant is requesting this variance in order to build a garage approximately fifteen(15)feet from the front property line facing Lafayette Street. 1 Planning&Zoning Commission June 14,2022 The applicant was present for questions. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. Discussion: Member Kennedy inquired, if this is approved, would the applicant have two driveways; and, if so, would the granting of the variance grant special privileges to this property owner to have two driveways. He asked if the Code has any provisions prohibiting a house from having two driveways. Zoning Manager Whitfield clarified that this property was originally two lots, that the proposed garage does entail constructing another driveway and that the Code does not have prohibitions against a residential lot having two driveways. The proposed driveway would utilize an existing driveway cut off of Lafayette Street. Zoning Manager Whitfield stated that there are properties within the City that have two driveways or a circular driveway. Member Forges asked whether the approval of the variance would reduce the entire parcel's setback to 15 feet or only the portion adjacent to the proposed garage. Zoning Manager Whitfield answered the variance approval would only be to allow a portion of the garage to be at 15 feet from the front property line. (6:36 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Variance Request for Barenburq at 125 South Lakeshore Drive, VR-22-03, based on factual interpretation of the code requirements, as presented by staff; Moved by Vice-Chair Mellen, Seconded by Member Williams: motion carried unanimously. (Heard out of Agenda Order) B. Isaak Malka Property Annexation, Small Scale Comprehensive Plan Future Land Use Map Amendment from Low Density Residential to High Density Residential & Rezoning from County A-1 to City PUD; Project No(s): AX-04-22-24, CPA-2022-003 & RZ-22-04-37. (Advertised in the West Orange Times on Thursday, June 2, 2022) Development Services Director Rumer announced the applicant is asking for a continuance because of a misunderstanding and stated staff will discuss this project with the residents that were present to hear this item. The Public hearing was opened.As no speaker forms were received, the public hearing was closed. (6:54 pm) Motion: Move to continue this item to the next Planning and Zoning Commission meeting of July 12, 2022; Moved by Member Williams, Seconded by Member Kennedy: motion carried unanimously. 2 Planning &Zoning Commission June 14,2022 (Heard out of Agenda Order) (6:38 pm) C. Land Development Code Amendment (LDC) for Signs & Fences. (Advertised in the West Orange Times on Thursday, June 2, 2022) 1. LDC Amendment to Article VI, Section 6-14C(5) and Article VIII, Incorporating Signage Provisions from Article VI, Section 6-14 into Article VIII Zoning Manager Whitfield presented a brief history of the sign regulations adopted throughout the years, and further, explained discrepancies between Article VIII Sign Code and Article VI, Section 6-14C(5), which is more restrictive. The proposed LDC Amendment will delete the sign design standards from Section 6-14C(5),Article VI, incorporate them into Article VIII Sign Code, correct discrepancies,and retain existing provisions in Article VIII that were not affected or revised. Article VIII will be reorganized based on sign types instead of zoning districts. She further detailed a new proposed Section 8-5D(1)(d)to provide flexibility in sign size and height for shopping center directory signs through a Development Agreement. She concluded by stating staff feels the proposed consolidation and reorganization of the Sign Code will make it more streamline, clear, and user-friendly. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. Assistant City Attorney Drage asked, if the Board recommends approval, to place a condition in the motion that the City Attorney's Office can make revisions as necessary to ensure compliance with any case laws that may affect signage. Discussion: Chair Lomneck asked if this amendment would supersede the overlay criteria or CRA requirements. Zoning Manager Whitfield answered no and explained the code. Member Kennedy inquired whether the proposed reorganization of the code is consistent with what other cities and developers are currently working with. Development Services Director Rumer explained the history of the sign regulations within the code and the problems the City has encountered with the way it is currently written. He stated that Article VI in the LDC includes a lot of the engineering design standards. Further, the City is currently in the process of cleaning up Article VI by taking out a lot of the engineering specs to be placed in an Engineering Design Manual.(6:52 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the LDC Amendment to Article VI, Section 6-14C(5) and Article VIII, Incorporating Signage Provisions from Article VI, Section 6-14 into Article VIII; and further, add a condition to request the City Attorney's Office review the LDC Amendment per case law, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Kennedy, Seconded by Vice-Chair Mellen; motion carried unanimously. 3 Planning&Zoning Commission June 14,2022 (6:55 pm) 2. LDC Amendment to Article V, Section 5-4.1 to Clarify Requirements for Fences on Corner Lots and Lots with Multiple Street Frontages Zoning Manager Whitfield presented a brief history regarding standards for fences; and further, explained the current Code does not reference corner lots designed side-to-rear or lots that have multiple roadway frontages. The proposed revisions to Section 5-4 are as follows: • Reduce the minimum side front yard setback on corner lots designed rear to rear and with no driveway or garage facing the side street from 15 feet to 5 feet or the boundary of an easement, whichever is greater. The proposed ordinance retains the requirement that the depth of the fence be a maximum of 1/2 of the depth of the house. • Establish standards for corner lots where the single-family dwellings are designed side to rear and for lots that have multiple roadway frontages, including double-front or through lots and lots with three (3)road frontages. Zoning Manager Whitfield concluded by stating staff feels that the proposed revisions will assist to clarify the existing Code and create more usable yard space for corner and multi-front lots. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. Discussion: Chair Lomneck asked for clarification on why some fences are currently placed anywhere from three(3) feet to five(5) feet. Zoning Manager Whitfield explained fences that were installed prior to the date of the initial fence adoption are compliant. Member Kennedy spoke about a parcel on Ingram Road, which currently has a six-foot fence being built right along the road. He inquired what type of exception has been granted to that property owner; and further, how the City is going to manage resident complaints if the LDC has flexibility, and how the City will arbitrate such complaints. Zoning Manager Whitfield stated she does not recall receiving a permit for a fence on Ingram Road. She explained that the current Code does not allow a 6-foot fence in front of the front building line and the proposed Code language will not change that. She explained the Development Services Department is establishing an Interpretation Book,which will cite case-by-case scenarios to assist the department in keeping track of unique situations. She further stated if problems keep arising,the City will revisit this and another amendment may be warranted. (7:17 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the LDC Amendment to Article V, Section 5-4.1 to Clarify Requirements for Fences on Corner Lots and Lots with Multiple Street Frontages, 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. 4 Planning&Zoning Commission June 14,2022 V. MISCELLANEOUS - (7:19 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • The City met with the developers of the Ocoee Village Center,and their commercial sites have a lot of leases underway with various national names,a grocery store,and a Pet Supplies Plus. • A new medical office will be coming soon off Roberson Road. • Staff is currently working on an update to the Comprehensive Plan. • Staff is moving into the new City Hall in approximately a month. B. June 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 - 7:21 pm ATTEST: APPROV ,.. e .,, K thy ard, Recording Clerk ......," Ar 01111.11k....._ 1 if Brad Fk, git: / 5