HomeMy WebLinkAbout11-13-2018 Minutes A
ocoee
florida
MINUTES
OF THE
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, November 13, 2018
I. CALL TO ORDER - 6:30 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Vice-Chair Lavon Williams, Member Jason Mellen, Member Rodger
Wunderlich
Absent: Chair Joel Keller (NE) and Member Marc Bernstein (NE)
Also Present: City Planner Mike Rumer, Assistant City Attorney Dana Crosby-Collier
and Recording Clerk Kathy Heard
II. CONSENT AGENDA
A. Minutes of the Planning & Zoning Meeting held October 9, 2018.
(6:32 pm)
Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by
Member Wunderlich; Motion carried unanimously.
III. OLD BUSINESS - None
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Planning and Zoning Commission Meeting
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IV. NEW BUSINESS — Public Hearings (6:32 pm)
(Taken out of Agenda order)
D. Ocoee Landings Planned Unit Development (PUD) Major Amendment to
the PUD; Project No: RZ-18-09-14. (Advertised in the West Orange Times on
Thursday, November 1, 2018) (City Planner Rumer) (6:32 pm)
City Planner Rumer presented a brief overview of this proposed amendment to the Ocoee
Landings PUD. The Ocoee Landings PUD was approved on October 20, 2015 and consists of a
mixed-use development consisting of 9.15 acres of residential and 6.89 acres of commercial and
is currently under development. The Developer has brought in KHovnanian Homes as the builder
of the residential section of this PUD. The builder is requesting a change to the rear setback from
its current 20 feet to a reduced setback of 10 feet. The request is to provide enough lot coverage
for a popular model home, which will upgrade the community.
City Planner Rumer explained there are two subdivisions north of this site, Willows on the
Lake and Johio Bay. There are six single-family homes on Johio Bay Drive that abut the
northwest portion of this PUD site that received 30 feet of additional land with the approval of
this PUD due to a right-of-way vacate. These six homes are the only homes that are adjacent to
this PUD.
Development Review Committee (DRC) Recommendation:
The Development Review Committee (DRC) met on November 7, 2018, and reviewed the
Amendment to the PUD Land Use Plan. Staff discussed how the rear yards of the lots drained
and if it would have an effect on properties to the rear. The applicant provided that the lots
were approved with "A" type drainage. A drainage of this type has the water run from the back
to the front as opposed to a "8"or C" which has some drainage to the rear. When the discussion
was finished, the DRC voted unanimously to recommend approval of the Substantial
Amendment to the PUD Land Use Plan for a rear setback from 20 feet to 10 feet.
Staff Recommendation:
Staff recommends that the Planning and Zoning Commission recommend approval of the
Substantial Amendment to the PUD Land Use Plan for a rear setback from 20 feet to 10 feet.
Discussion:
The applicant and engineer were present.
Member Wunderlich inquired what the setback was for the six homeowners before this PUD
was approved. City Planner Rumer indicated it was either a 25 or 30 foot rear setback, which is
for the main structure of the home. He further explained this proposed amendment would only
impact the new homes. This amendment would not reduce the rear setbacks for the six adjacent
homes, but it would bring the new homes closer to the existing six homes that are adjacent to the
north.
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Planning and Zoning Commission Meeting
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Bryan Gaines, Dave Schmitt Engineering, 12301 Lake Underhill Road, Suite 241, Orlando,
advised they are the engineers for the original developer. He explained the 20 foot rear setback
for the original residential product was sufficient, but KHovnanian Homes has a popular model
home,which requires more land.
Vice-Chair Williams asked if they can explain in more detail why this particular home needs
the additional land.
Guy Trussell, Applicant, KHovnanian Homes, 2301 Lucien Way, Maitland, explained the
original PUD was designed for a different homebuilder and the lots are not deep enough for their
product line. He stated only two of their model homes can fit on the current lots.
Member Mellen said he lives in the vicinity and understands the concerns of the nearby
residents. He stated he is also concerned about the neighbors adjacent to the north.
Member Wunderlich indicated this has been recommended for approval by staff and asked
what the determining factors were for the recommendation. City Planner Rumer stated staff
looked at whether there are other communities within the city with a 10 foot rear setback, and
KHovnanian Homes currently has two other subdivisions with the same rear setbacks.
Vice-Chair Williams asked why the reduced setbacks are being proposed on all of the lots.
City Planner Rumer explained he wanted to bring this forward without any specific conditions.
Vice-Chair Williams inquired of counsel on whether it would be appropriate for them to make a
recommendation with conditions. Assistant City Attorney Crosby-Collier answered their
recommendation can be with or without conditions.
City Planner Rumer stated for the record that a few emails were received from residents and
placed in front of the board for the public hearing portion.
Member Wunderlich is concerned about residents who reside in Johio Bay who bought their
homes some time ago without the knowledge of this subdivision which may impact the value and
enjoyment of their homes.
Guy Trussell,Applicant, inquired whether it would help if they revise the six lots (Lots 14—25)
on the northeast side to a 15 foot rear setback instead of the 10 foot rear setback. Discussion
ensued regarding rear lot setbacks of nearby subdivisions.
Vice-Chair Williams opened the public hearing and asked if there is anyone present who wishes
to speak on this proposed project.
Mitzi Turchiano, 2014 Marsh Wren Court, Ocoee, stated she represents Willows on the Lake
with 86 homes within that development. She stated a 10 foot rear setback is ridiculous and too
close to their homes. She stated the front yard setbacks are 25 feet; and further, asked for a
compromise to bring the front yard setbacks to 20 feet and the rear setbacks at 15 feet. She also
stated she used to have a lot of trees, but not anymore.
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Planning and Zoning Commission Meeting
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David Swisher, 2432 Johio Bay Drive, Ocoee, indicated he is the Johio Bay HOA Treasurer. He
stated their main concerns are the six homes within Johio Bay adjacent to this new subdivision.
He is asking the homes being built adjacent to these six homes be single-story only with a 20
foot rear setback, as originally approved. He inquired about the height of the vinyl fence.
Socrates Perez, 2412 Johio Bay Drive, Lot 7, Ocoee, expressed his concern over the proposed
10 foot rear setback. He is also concerned about an electrical pole in his backyard, which was
stated to him would be an underground utility pole. He stated he represents the Johio Bay
Architectural Review Board.
Eddie Ortiz, 2420 Johio Bay Drive, Ocoee, is concerned about the drainage as his home is
located adjacent to the retention pond. He is also concerned about the privacy of his home and
community. He stated they do not want to lose any value in their homes, and he believes this will
impact the value of their homes in a negative way. He requested that only single-story homes be
built next to their homes to preserve their privacy. He expressed their community takes very
good care of their properties, and they are like family. He asked the board to preserve their
community.
Nathaniel Treat, 2416 Johio Bay Drive, Lot 6, Ocoee, expressed when he bought his house two
years ago, he understood the land behind his home was for sale, but his main concern is the six
homes that will be impacted by this proposed 10 foot rear setback. He requested that the builders
stay with the initial 20 foot rear setback.
Brenda Singleton, 2400 Johio Bay Drive, Ocoee, stated she is one of the six homes adjacent and
impacted by this proposed change; and further, she did present her opinions and feelings about
this in an email she sent to the City. She commented about Guy Trussell's proposition of a 15
foot rear setback being petty as they bought this site with the knowledge of the current lot sizes.
She stated the developers should have already had a plan that fit the current lot sizes. She
expressed all of her other concerns are written in the email.
Thamar Edwards, 1819 Sparrow Song Lane, Ocoee, stated she resides within the Willows on
the Lake and agrees with Mitzi Turchiano, Brenda Singleton and Member Mellen with concerns
about privacy.
Eddie Ortiz, 2420 Johio Bay Drive, Ocoee, briefly spoke again to state two-story homes should
not be built in the section of the six homes described above.
City Planner Rumer explained the fence will be a six foot vinyl fence along the north side in
between the subdivisions. He said he does not know about the utility pole. He explained the lots
are designed to drain from back to front, which was designed by an engineer, reviewed by the
City's engineer and also reviewed by St. Johns River Water Management. He further explained
the difference between the roads and right-of-ways within gated and ungated subdivisions. This
subdivision will be ungated, which will give the benefit of 50 foot right-of-way public roads. He
indicated there could be an opportunity to reduce the 25 foot front setback to a 20 or 15 foot
front setback instead of reducing the size of the rear setback.
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Planning and Zoning Commission Meeting
November 13,2018
Guy Trussell, Applicant, indicated if it is acceptable with staff, they could do a 20 foot front
setback to where the backyards would stay the same size but reduce the front by five (5) feet,
which would be acceptable.
Vice-Chair Williams asked the board what their thoughts are after hearing the comments and
suggestions.
City Planner Rumer clarified what the Applicant, Guy Trussell, indicated was acceptable to
them. He advised the board that they can amend this request to reduce the front yard setbacks
from 25 feet to 20 feet, which will still be a substantial amendment.
Member Mellen indicated he prefers the backyards to stay at the 20 foot rear setback. He also
agreed with the adjacent homeowners that Lots 14 through 25 be built as single-story homes,
because of the difference in the grading of the landscaping.
City Planner Rumer explained that the City will resend the 300 foot notices describing the new
proposed request of a reduced front setback instead of rear setback and when it will be heard at
the next City Commission meeting.
Assistant City Attorney Crosby-Collier said the board would like to hear from the public on
whether they are satisfied with the front yard setback instead of amending the rear setback. She
suggested the board hear first from a member in the audience who did not get the opportunity to
speak.
Joe Turchiano, 2014 Marsh Wren Court, Willows on the Lake, Ocoee, described the grading
and elevation of the new property sites and where the proposed fence will lie, which he believes
will be placed on the adjacent neighbors' property and emphasized that is a problem. He
mentioned all of the trees were taken down, but the manager of the project told him that he could
accommodate the adjacent neighbors and install bamboo trees for privacy. However, he stated
the fence being on their property at their level does not help the privacy; and further, he stated
the fence should be installed at the higher elevation,which is on the new property sites.
City Planner Rumer informed him that the fence will be built on the new residential lots that
are being built.
Vice-Chair Williams asked for public opinions on reducing the front setbacks instead of
reducing the rear setbacks.
Joe Turchiano said he thinks the reduced front setback is better, but mentioned again his
concerns regarding the placement of the fence. He is concerned about their privacy since all of
the trees were taken down.
Member Wunderlich said he curious about the applicants' and adjacent homeowners' opinions
to the prospective front yard versus rear setbacks.
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Planning and Zoning Commission Meeting
November 13,2018
Guy Trussell, Applicant, indicated if the front yard setbacks are amended to 20 feet, then the
rear setbacks can stay the same, which would work for their project and hopefully satisfy the
adjacent homeowners.
Member Mellen asked if they are able to keep Lots 14 through 25 to be built only as single-
story homes.
Guy Trussell, Applicant, said he believes that would be acceptable for Lots 14 through 25.
Discussion ensued regarding the board's recommendation.
Member Wunderlich asked if it is possible for a show of hands in favor of accepting the revised
front yard setback and allowing only single-story homes to be built on Lots 14 through 25.
Assistant City Attorney Crosby-Collier recommended asking if there is anyone from the
public who would like to speak again.
Vice-Chair Williams asked whether there are two speakers who would like to speak about
whether or not they are in support of the two conditions being considered at this time.
Brenda Singleton, 2400 Johio Bay Drive, Ocoee, Johio Bay, spoke for all of the residents in
Johio Bay that the two conditions would be acceptable.
Mitzi Turchiano, 2014 Marsh Wren Court, Ocoee, Willows on the Lake, said the 20 foot rear
setbacks would make them feel a lot better; however, with all of the trees being taken down, she
would like KHovnanian Homes to plant bamboo trees in between the subdivisions for privacy
and installing the fence on the higher elevation where the new homes will be built.
Vice-Chair Williams repeated a question from the audience to the applicant, which was how
many lots need to be adjusted with the setback or will all of the lots use the same setbacks that
are adopted.
Guy Trussell, Applicant, indicated currently they have two homes that will fit the current lots.
However, if they are able to acquire the five (5) more feet that they are requesting, homebuyers
will be able to choose from seven to ten different homes.
The public hearing was closed.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ocoee Landings
Planned Unit Development (PUD) Major Amendment to the PUD; Project No: RZ-
18-09-14, with a recommendation of retaining the rear yard setbacks at 20 feet
and reducing the front yard setbacks from 25 feet to 20 feet; and further, adding a
condition that Lots 14 through 25 be limited to only single-story homes, subiect to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Mellen, Seconded by Member Wunderlich; motion passed unanimously
3-0 with Chair Keller and Member Bernstein absent.
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E. Inspiration Town Center and Luxury Homes - Large Scale
Preliminary/Final Site Plan (PSP/FSP) and Subdivision Plan; Project No:
LS-2018-009. (Advertised in the West Orange Times on Thursday, November 1, 2018)
(City Planner Rumer) (7:50 pm)
City Planner Rumer presented a brief overview of the subject property that is located on the
west side of Maguire Road and south of the Florida Turnpike. The subject site is currently vacant
and comprised of two (2) parcels, which were rezoned Planned Unit Development (PUD) to
include a mix of 90 upscale Townhome units, retail/office and a STEM preschool with
pedestrian-friendly connections and trails. Stormwater retention will be located around the
townhome project. Access to the site will be provided from a new road extended from Tomyn
Boulevard, which will be the only access into this gated community. For emergency vehicles
only, gated access will be provided off of Maguire Road. The PUD has a minimum living area
set at 1,500 square feet. The development is proposed to be constructed in two (2) phases. The
City of Ocoee will provide solid waste services, reuse water, police and fire protection, and
potable water with sewer services to be provided by Orange County. A Mitigation Agreement
with Orange County Public School Board has been approved.
Development Review Committee (DRC) Recommendation:
The Development Review Committee (DRC) met on November 7, 2018, and reviewed the
Preliminary/Final Subdivision Plan for Inspiration Town Center PUD. There were several
technical issues to be addressed from the City's Planning and Engineering reviewers. There was
some discussion on the projects entrance roadway and storm water ponds proximity to the
Florida Turnpike. When the discussion was finished, the DRC voted to recommend approval of
the Preliminary/Final Subdivision Plan, subject to the resolution of the remaining staff
comments.
Staff Recommendation:
Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning
Commission recommend approval of the Preliminary/Final Site and Subdivision Plan for
Inspiration Town Center PUD, subject to resolving any remaining staff comments before the City
Commission meeting.
Discussion:
Vice-Chair Williams mentioned her concerns about the roundabout, one-way in/one-way out
access, which she believes is not sufficient due to the amount of homes and retail/commercial
being built on this site. City Planner Rumer explained the access road will be a four-lane road
divided by a median with a roundabout, which has been approved and will be able to handle
traffic flow; and further, an emergency-only access is being provided.
Member Wunderlich asked the square footage of the townhomes.
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Ray Veloso, Developer, Yellow Rock Construction LLC, 6965 Piazza Grande, Suite 406,
Orlando, said the upscale townhomes are high-end with two-car garages and about 2,300 sq. ft.
of air-conditioned space with a 500 sq. ft. backyard containing artificial grass. He described this
development as a unique project which caters to customers looking for quality, upscale living.
He said the preschool that will be located on the commercial side is called Amazing Explorers,
which is a STEM preschool with a 210 child capacity. Currently the school is full with 200
children on the waiting list. The other commercial buildings will contain professional offices,
medical, restaurants and retail.
City Planner Rumer indicated this development is adjacent to the Florida turnpike and a 10 foot
wall will be installed between this development and the turnpike. Another wall will be installed
between the residential and the commercial. Ray Veloso said they are spending $750,000 on
landscaping in which tall trees will be installed next to the wall adjacent to the turnpike.
Vice-Chair Williams opened the public hearing and asked if there is anyone present who wishes
to speak on this proposed project.
Jim McNicole, 830 Patriots Point Drive, Ocoee, president of the Brookestone HOA, which is
the development directly south, discussed his concerns such as traffic congestion and pedestrian
crossings. He requested the developer install a right-turn lane on southbound Maguire Road at
Tomyn Boulevard.
City Planner Rumer explained the requirements for this development are right-turn and left-
turn deceleration lanes turning into this site. He stated in the future there may be potential for a
signal at the intersection in which this developer is paying a proportionate share towards the
signal.
(8:22 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Inspiration Town
Center and Luxury Homes - Large Scale Preliminary/Final Site Plan (PSP/FSP)
and Subdivision Plan; Project No: LS-2018-009, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Wunderlich, Seconded by Member Mullen; motion passed unanimously 3-0 with
Chair Keller and Member Bernstein absent.
A. All American Barricades — 901 East Crown Point Road Planned Unit
Development (PUD) Large Scale Preliminary/Final Site Plan (PSP/FSP);
Project No: LS-2018-013. (Advertised in the West Orange Times on Thursday,
November 1, 2018) (City Planner Rumer) (8:23 pm)
City Planner Rumer announced there is no one present to represent this project, but he is
prepared to present it; and further, he asked the board if they would like to hear it.
Vice-Chair Williams stated if there are no objections, she recommended moving forward to
which there were no objections.
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Planning and Zoning Commission Meeting
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City Planner Rumer presented a brief overview explaining this PUD along with the preliminary
and final site plans. The subject property is currently undeveloped, approximately 2.4 acres in
size and located on the east side of 901 East Crown Point Road, 560 feet north of the intersection
of Crown Point Cross Road and East Crown Point Road. He explained this light industrial flex
office building will be broken into twelve (12) units consisting of at least 2,403 sq. ft. Each unit
will have a warehouse door and an office door located on the front. The building will not face
East Crown Point Road where the full entrance driveway will be located. The entrance has been
approved by Orange County to be constructed without a left-turn lane. There will be 91 parking
spaces on the storefront side and cars will not be able to drive around the building. The applicant
has agreed to dedicate ten(10) feet of right-of-way for future utility locations.
Development Review Committee (DRC) Recommendation:
On November 7, 2018, the DRC met to discuss the Preliminary/Final Site Plan. A discussion on
using manholes or cleanouts for sewer lines within the property was the only undecided item
left to approve the plans. As either method will be approved, the Development Review
Committee voted to recommend approval of the Preliminary/Final Site plan for 901 E. Crown
Point Road Warehouse.
Staff Recommendation:
Staff recommends that the Planning & Zoning Commission recommend approval of the
Preliminary/Final Site Plan for 901 E. Crown Point Road PUD Warehouse.
Discussion:
Member Mellen inquired about the dumpster location and its proximity to the retention pond
and questioned contamination from the dumpster through the weep holes. City Planner Rumer
said the dumpster will be enclosed by a wall with no weep holes.
The applicant was not present.
Vice-Chair Williams opened the public hearing and asked if there is anyone present who wishes
to speak on this proposed project. As no one wished to speak, the public hearing was closed.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the All American
Barricades — 901 East Crown Point Road Planned Unit Development (PUD) Large
Scale Preliminary/Final Site Plan (PSP/FSP); Project No: LS-2018-013, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Mellen, Seconded by Member Wunderlich; motion passed unanimously
3-0 with Chair Keller and Member Bernstein absent.
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Planning and Zoning Commission Meeting
November 13,2018
D. Capital Improvements Element Amendment - Addition of Fiscal Years
2018/2019 - 2022/2023 Capital Improvements Program; Project No:
CPA-2018-009. (Advertised in the West Orange Times on Thursday, November 1, 2018)
(City Planner Rumer) (8:34pm)
City Planner Rumer presented a brief overview of this proposed amendment. The Capital
Improvements Element (CIE) is basically a forecast of projects scheduled over the next five (5)
years that promote and assist the City's vision for the next 20 years, which includes the addition
of Fiscal Years 2018/2019 — 2022/2023 Capital Improvement Program (CIP). Municipal and
county governments adopt Capital Improvement Programs yearly as part of their regular course
of action, which enables them to plan for future projects five (5) years out with the funding they
require. He indicated this Five (5) Year Capital Improvement Program (CIP), attached as Exhibit
A, was recently adopted by the City during their budget hearing this year. He explained at this
point in time the board can make suggestions, but they are not allowed to revise or add anything
as that should have been done during the City's budget process.
Development Review Committee (DRC) Recommendation:
This Item does not go before the DRC.
Staff Recommendation:
Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency
(LPA), recommend adopting an Ordinance amending the Capital Improvements Element of the
City of Ocoee Comprehensive Plan that includes the addition of the Fiscal Years 2018/2019 —
2022/2023 Capital Improvements Program.
Discussion:
Member Wunderlich inquired about whether the Northwest Fire Station listed in the CIP is the
proposed fire station which is needed within the city. City Planner Rumer indicated there
currently is a site in the northwest section which has been proposed for a future fire station.
Vice-Chair Williams opened the public hearing and asked if there is anyone present who wishes
to speak on this proposed project. As no one wished to speak, the public hearing was closed
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ordinance
Amending the Capital Improvements Element (CIE) of the Comprehensive Plan for
Fiscal Years 2018/2019 - 2022/2023; Project No: CPA-2018-009, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by
Member Wunderlich, Seconded by Member Mellen; motion passed unanimously 3-0
with Chair Keller and Member Bernstein absent.
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Planning and Zoning Commission Meeting
November 13,2018
V. MISCELLANEOUS
A. Project Status Report
City Planner Rumer updated the Board that Bluford Avenue is now open; and further,
Duke Electric is currently laying the underground utilities along Bluford. After Duke is
finished, the streetlights will be installed and then trees. The next phase of the
Downtown Redevelopment Project is the park behind city hall, which is out for bid for
construction and revitalization. A contractor and architect have been hired for the
design/build of the new city hall. Some properties along State Road 50 are currently
being cleared for cleaning up purposes. Sunbelt Rentals is all finished, and the project on
State Road Highway 50 and Maguire Road is ongoing.
Member Wunderlich inquired if the construction at the intersection of Windermere
Road and Roberson Road is intended to be a roundabout. City Planner Rumer
answered in the affirmative explaining it is a City of Winter Garden and Orange County
project for a roundabout.
B. November Calendar
VI. ADJOURNMENT - 8:46 pm
ATTEST: APPROVED:
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