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09-13-2022 Minutes ocoee florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, September 13, 2022 I. CALL TO ORDER - 6:30 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Vice-Chair Kennedy, Member Forges, Member Mellen,Alternate Member Keller Absent: Chair Lomneck and Member Williams Also Present: Development Services Director Rumer, Zoning Manager Whitfield,Assistant City Attorney Drage, Recording Clerk Heard H. CONSENT AGENDA A. Minutes of the Planning&Zoning Commission Meeting held August 30, 2022. Motion for Approval of the Consent Agenda: Moved by Member Keller, Seconded by Member Forges; Motion carried unanimously with Chair Lomneck and Member Williams absent. III. OLD BUSINESS -None IV. NEW BUSINESS—Public Hearings (6:32 pm) A. Annexation &Rezoning to R-1 (Single-Family Dwelling) for Rodriguez/Torres at 285 11th Avenue; Project No(s).AX-05-22-25 & RZ-22-05-38. (Advertised in the West Orange Times on Thursday, September 1, 2022) Zoning Manager Whitfield presented a brief overview of the annexation and rezoning request for 285 11th Avenue,which is approximately 0.26 acres and located on the northwest corner of the llth Avenue and Peters Avenue intersection. The property has an existing single-family residence, and the applicant is annexing into City limits in order to receive City potable water connection and service. Upon annexation, the parcel will receive an R-1 (Single-Family Dwelling) zoning classification. The annexation and rezoning is consistent with the Future Land Use Map. Planning&Zoning Commission September 13,2022 Zoning Manager Whitfield explained staff findings and recommendations of approval from staff and the DRC. Discussion: The Board had no comments or questions. The applicant was not present. The Public hearing was opened As no speaker forms were received, the public hearing was closed (6:34 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Rodriguez/Torres Annexation at 285 11th Avenue; Project No. AX-05-22-25, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Keller; motion carried unanimously with Chair Lomneck and Member Williams absent. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Rodriquez/Torres Rezoning to City of Ocoee R-1 (Single-Family Dwelling) at 285 11th Avenue; Project No. RZ-22-05-38, subiect to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Keller; motion carried unanimously with Chair Lomneck and Member Williams absent. B. Annexation &Rezoning to R-1A (Single-Family Dwelling) for RAMA Communications LLC at 175 South Clarke Road; Project No(s). AX-07-22-26 &RZ-22-07-40. (Advertised in the West Orange Times on Thursday, September 1, 2022) Zoning Manager Whitfield presented a brief overview of the annexation and rezoning request for 175 South Clarke Road, which is approximately 0.4 acres and located on the east side of South Clarke Road, approximately 1,775 feet north of White Road. The property has an existing single- family residence, and the applicant is requesting to be annexed into City limits. Upon annexation, the parcel will receive an R-1A (Single-Family Dwelling) zoning classification. The annexation and rezoning is consistent with the Future Land Use Map. Zoning Manager Whitfield explained staff findings and recommendations of approval from staff and the DRC. Discussion: The Board had no comments or questions. The applicant was not present. The Public hearing was opened As no speaker forms were received, the public hearing was closed. 2 Planning &Zoning Commission September 13,2022 (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 RAMA Communications LLC Annexation at 175 South Clarke Road; Project No. AX-07-22-26, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Keller; motion carried unanimously with Chair Lomneck and Member Williams absent. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the RAMA Communications LLC Rezoning to City of Ocoee R-1A (Single-Family Dwelling) at 175 South Clarke Road; Project No. RZ-22-07-40, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Keller, Seconded by Member Forges; motion carried unanimously with Chair Lomneck and Member Williams absent. C. Variance Request for Family Dollar/Dollar Tree at 1531 East Silver Star Road, VR-22-07. (Continued from the August 30, 2022, Planning and Zoning Meeting. Advertised in the West Orange Times on Thursday, August 18, 2022) Vice-Chair Kennedy announced the applicant has requested a second continuance as this was continued from the August 30, 2022 meeting. Member Keller inquired if this item has been continued three times. Zoning Manager Whitfield explained this is their second continuance. The presenter was unable to come to the last meeting due to an illness, and they are out of state and asked to continue again. The Public hearing was opened.As no speaker forms were received, the public hearing was closed (6:40 pm) Motion: Move to continue the Variance Request for Family Dollar/Dollar Tree at 1531 East Silver Star Road, VR-22-07, to the October 11, 2022, Planning and Zoning Commission Meeting; Moved by Member Keller, Seconded by Member Forges. Member Mellen argued that this is a simple sign variance and personally does not see a need to keep continuing it. Member Forges disagreed stating their request is a change to what the City allows. Vice-Chair Kennedy stated if this is continued the applicant needs to be notified in writing of the next meeting date and make sure they are able to attend and, further, notify them they may get an adverse decision if they do not show up. After discussion; motion carried unanimously with Chair Lomneck and Member Williams absent. 3 Planning&Zoning Commission September 13,2022 D. 429 Business Center Phase II East—Large Scale Preliminary Site Plan,Project No.LS- 2022-008. (Advertised in the West Orange Times on Thursday, September 1, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is approximately 11.23 acres of undeveloped land located on the west side of Ocoee Apopka Road, approximately 1,275 feet north of the intersection of Palm Street and Ocoee Apopka Road. The 429 Business Center Phase II East development is part of a larger development, which includes 429 Business Center Phase II West, located on the west side of the canal, and the All Stars Headquarters project, located north of the proposed 50-foot right-of-way and west of Ocoee Apopka Road. The 429 Business Center Phase II East development is a light industrial and flex warehouse development totaling 126,402 SF of leasable space contained in two (2) 45,000 SF buildings in the rear and one (1) 36,402 SF building along Ocoee Apopka Road. The buildings will look like office/retail; however, inside will be more of an industrial use. Zoning Manager Whitfield indicated the proposed development shows two (2) access points off of Ocoee Apopka Road with one being a new east-west road along the north side of the subject property.This new roadway includes a 50-foot right-of-way which will be designed and constructed to City standards and dedicated to the City. This development also includes a 24.5 foot right-of- way dedication along Ocoee Apopka Road with sufficient space to provide a 12-foot wide trail. Development Services Director Rumer explained the size of the building off of Ocoee Apopka Road is at grade height,which makes it look and feel more retail/office flex space,and trucks cannot utilize the back. He stated a concerted effort was made to protect building sizes within 460 feet from Ocoee Apopka Road. Zoning Manager Whitfield explained the Development Review Committee (DRC) voted to recommend approval of this project with the following conditions: • Conditioned upon Final Site Plan review, resolution of outstanding comments, including adjustments to the southernmost driveway as needed so that the driveway apron does not extend beyond the property boundary and impact the residential driveway to the south, • The applicant will continue to work with the Utilities Department for the provision of the needed utilities, and • Execution of a Development Agreement for the dedication of 24.5-foot right-of-way along Ocoee Apopka Road and the proposed 50-foot ROW for the new east-west road along the north side of the subject property. Zoning Manager Whitfield further stated staff recommends approval of this project subject to the DRC conditions. Discussion: Member Keller asked whether both entrances are left and right out, or will one be right out only. Selby Weeks, Klima Weeks, 385 Douglas Avenue, Altamonte Springs, said Ocoee Apopka Road is a county road, and they are currently in conversations with Orange County. He believed it may be a left-turn lane headed northbound and a right-turn lane headed southbound, and further, the southern access will be a right-in/right-out, but that has not been confirmed with the County. 4 Planning &Zoning Commission September 13,2022 Member Keller shared his concerns about the southern access proximity to the neighbor's driveway. Development Services Director Rumer explained the property adjacent to the south is in disrepair and in the County, and further, he anticipated it will not be there long term. Vice-Chair Kennedy opened the public hearing Galen Gritzer, 529 Ocoee Apopka Road, Ocoee, stated he owns the adjacent property on the other side of Ocoee Apopka Road. He is concerned about traffic and inquired if a traffic study has been performed.He inquired if a lift station will be installed as he is anticipating developing his property in the future.He further stated the growth is exciting,but he is looking for his opportunity to develop his property as well. Leonardo Gimenez, 605 Pine Street, Ocoee, stated his property is adjacent. He opined the developer is using a loophole in the building design with the cutaway, which he believes will be an issue in the future. He further stated this development may cause traffic to go through the trailer park. He asked what type of preplanning is being done for semitrucks and is concerned about vans being utilized at this location. Vice-Chair Kennedy closed the public hearing. Development Services Director Rumer explained a traffic study analysis was performed by consultants as part of the public process and visioning meetings of the 429 Business Character Overlay. He stated SR 429 is being widened; however, there will not be an on/off ramp at Palm Street. He explained the sewer line is on the west side of Ocoee Apopka Road and currently stops at the south portion of this property. The developers are anticipating running the sewer line just north of this site with a private lift station. He further stated these types of uses have a very low impact on the weekends and will be an enhancement with the proposed adjacent 12-foot trail. (7:10 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of 429 Business Center Phase II East — Large Scale Preliminary Site Plan, Protect No. LS-2022-008, with a condition to include the recommended conditions set forth by the DRC, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Forges, Seconded by Member Keller; motion carried unanimously with Chair Lomneck and Member Williams absent. Development Services Director Rumer explained these preliminary site plans are only schematics; however, these projects will be coming back to this Board with the full engineering concepts. E. 429 Business Center Phase II West—Large Scale Preliminary Site Plan,Project No. LS- 2022-009. (Advertised in the West Orange Times on Thursday, September 1, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is approximately 5.58 acres of undeveloped land located on the east side of Pine Street,beginning approximately 462 feet north of Palm Street. The 429 Business Center Phase II West development is part of a larger development,which includes 429 Business Center Phase II East located on the east side of the canal and the west side of Ocoee Apopka Road, and the All Stars Headquarters project located on the 5 Planning&Zoning Commission September 13,2022 west side of Ocoee Apopka Road and north of a 50-foot right-of-way proposed as part of Phase II East. The 429 Business Center Phase II West is a light industrial and flex warehouse development, totaling 70,720 SF of leasable space contained in a single building. Zoning Manager Whitfield indicated the proposed development shows two (2) driveway access points off of Pine Street; however, industrial and commercial traffic and vehicles will not utilize Pine Street. Instead,the development of this site will be dependent upon and utilize the future east- west road within the proposed 50-foot right-of-way located along the north property boundary and extending to Ocoee Apopka Road. This new roadway will be designed and constructed to City standards and will be dedicated to the City. It is consistent with the transportation vision for the SR 429 Business Character Overlay and, further,will connect this project to the Phase II East project. Zoning Manager Whitfield explained the Development Review Committee (DRC) voted to recommend approval of this project with the following conditions: • Conditioned upon Final Site Plan review, resolution of outstanding comments, and the applicant working with the Utilities Department for the installation of the offsite utilities, and ownership and maintenance of them. • Execution of a Development Agreement for the dedication of 24.5-foot right-of-way along Ocoee Apopka Road and the proposed 50-foot ROW for the new east-west road along the north side of the subject property, and • Commercial and industrial vehicular traffic associated with this development will not be permitted to access or utilize Pine Street, and signage and other mechanisms will be put in place at the time of construction and improvements of Pine Street to limit the use of Pine Street by cut-through traffic to and from Ocoee Apopka Road. Development Services Director Rumer further explained the process for the proposed construction/improvements of Pine Street and how the developers of this project are assisting with the transportation costs. Zoning Manager Whitfield stated staff recommends approval of this project subject to the DRC conditions. Discussion: Member Forges inquired how wide Pine Street currently is. Development Services Director Rumer stated it varies because of different ownership of the road, but roughly 25 feet wide. Discussion ensued regarding Pine Street. Vice-Chair Kennedy opened the public hearing. Rebeca Izaga, 605 Pine Street, said she owns the property adjacent to the south and wants to know if there will be a buffer in place between this proposed development and her parcel. She stated there is roughly 22 feet from Pine Street to their home and asked whether they would take any of that land for widening the road. She asked for a buffer of trees to be put in place in between their properties. 6 Planning &Zoning Commission September 13,2022 Development Services Director Rumer explained once they know the centerline of Pine Street, that will tell them where the road will go. Leonardo Gimenez, 605 Pine Street, Ocoee, commented that he would like to see this project get a commercial variance for noise, instead of an industrial variance,to keep the noise down. Development Services Director Rumer explained the zoning for this site is I-1, which allows indoor manufacturing; however, the market along SR 429 is generally not manufacturing but office/retail/storage types of uses. Vice-Chair Kennedy closed the public hearing. (7:36 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of 429 Business Center Phase II West — Large Scale Preliminary Site Plan, Proiect No. LS-2022-009, with a condition to include the recommended conditions set forth by the DRC, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Keller, Seconded by Member Forges; motion carried unanimously with Chair Lomneck and Member Williams absent. F. Amendment to Chapter 38,Article II,Section 38-5.1B to Create an Additional Exemption to Locational Requirements for Alcoholic Beverages. (Advertised in the West Orange Times on Thursday, September 1, 2022) Zoning Manager Whitfield presented a brief overview of this proposed amendment to the Code of Ordinances to Section 38-5.1, Article II, Chapter 38 pertaining to exemptions to alcohol locational requirements for lands and land uses within the same Mixed-Use Planned Unit Development (PUD). She explained that in 1998 the City adopted Ordinance No. 98-32 in recognition of its desire to facilitate and encourage the location of schools and churches within Planned Unit Developments and Special Overlay Areas. She indicated staff is proposing an Amendment to Section 38-5.1 to allow a locational exemption for lands within the same Mixed- Use PUD because the expectation is that a mixture of uses could be located near each other in a single mixed-use development. She further explained this proposed Code Amendment would not apply to lands within a Single- Use PUD,to lands not within the same PUD, or to cases where the establishment seeking to sell or offer alcoholic beverages,whether for sale or as a complimentary service, and the school or church are not within the same PUD or are in different zoning districts. Furthermore, the proposed Code Amendment does not modify or affect existing exemptions. Zoning Manager Whitfield stated this amendment did not go before the DRC, and staff recommends approval of this proposed amendment. 7 Planning&Zoning Commission September 13,2022 Discussion: Member Mellen asked if there is any reason why the word "church" cannot be deleted from the code as he believes this is an old blue law. Zoning Manager Whitfield explained how that revision would be done. Assistant City Attorney Drage recommended that this needed to be advertised again with the suggested revision. Member Keller asked for clarification on the motion. Member Mellen asked for this item to be continued for staff to make the requested revisions. Member Forges agreed saying he never understood that code and asked which kind of schools the code refers to. Zoning Manager Whitfield stated preschools through high schools. Vice-Chair Kennedy stated he does not want churches in a mixed-use PUD and would like to make a motion to exclude churches from mixed-use PUDs. Further discussion ensued regarding mixed- use PUDs and exemptions. Member Mellen further explained his reasonings and recommended staff to continue this item and reevaluate all ordinances that reference alcohol, schools, and churches, and revise them to only reference alcohol and schools. The Public hearing was opened As no speaker forms were received, the public hearing was closed (7:58 pm) Motion: Move to continue the Amendment to Chapter 38, Article II, Section 38-5.1B to Create an Additional Exemption to Locational Requirements for Alcoholic Beverages for staff to research the Board's requests; Moved by Member Mellen, Seconded by Member Keller; Development Services Director Rumer advised the revised forthcoming ordinance removing churches may bring out a lot of residents who will not be in favor of it. Motion carried unanimously with Chair Lomneck and Member Williams absent. V. MISCELLANEOUS - (7:59 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • The City received a site plan for All Star Headquarters, which will be adjacent to the 429 Business Center Phase II East. • The Tentative Budget Public Hearing is Thursday, September 15th, and the Final Budget Public Hearing is scheduled for Wednesday, September 27th. B. September Calendar- No updates. Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Keller, Seconded by Member Forges; motion carried unanimously with Chair Lomneck and Member Williams absent. 8 Planning&Zoning Commission September 13,2022 VI. ADJOURNMENT - 8:01 pm ATTEST: APPRC+ S. a by H d, Recording Clerk —`Br- 9