HomeMy WebLinkAbout05-10-2022 Agenda Packetlort,d'o
PLANNING AND ZONING COMMISSION
(LOCAL PLANNING AGENCY)
May 10, 2022
1. CALL TO ORDER
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
If. CONSENT AGENDA
REGULAR MEETING
OCOEE CITY HALL
Commission Chambers
150 N. LAKESHORE DRIVE
OCOEE, FL 34761
AGENDA
A. Minutes of the Planning and Zoning Commission Meeting held on April 12, 2022.
III. OLD BUSINESS
6:30 PM
A. Land Development Code (LDC) Amendment for Airbnb Public Hearing
1. LDC Amendment to Article II Section 2-4, Definitions, and Article V, Section 5-15
Specific Use/Development standards, relating to tourist homes/vacation home/short-
term rental units.
IV. NEW BUSINESS
A. 902 Hire Circle — Country Comfort Care Public Hearing
1. Variance Request (VR-22-02)
V. MISCELLANEOUS
A. Project Status Report
B. May Calendar
VI. ADJOURNMENT
Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this
purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence
upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings
should contact the City Clerk's Office 48 hours in advance of the meeting.
MORE THAN ONE COMMISSIONER MAY PARTICIPATE OR HEAR DISCUSSIONS REGARDING A MATTER WHICH
WILL COME BEFORE THE COMMISSION FOR ACTION.
pile-R .
lillillillm
L 12)
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, April 1.2, 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 Kennedy, Member
Williams, Alternate Member Keller
Absent: None
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 March 8, 2022.
Motion for Approval of the Consent Agenda: Moved by Vice -Chair Mellen, Seconded
by Member Williams; Motion carried unanimously.
III. OLD BUSINESS - None
IV. NEW BUSINESS — Public Hearings (6:31 pm)
A. The Regency Mixed -Use Development Preliminary Site Plan; Project No: LS-2022-001.
(Advertised in the West Orange Times on Thursday, March 31, 2022)
Development Services Director Rumer presented a brief overview of this project, which consists
of three (3) parcels, approximately 16.68 acres in size, and is located on the north side of the Florida
Turnpike and the west side of the Maguire Road and Old Winter Garden Road intersection. The
parcels are located within the CRA Target Area 1 Special Area Overlay. This development
proposes 300 luxury multi -family units, which will consist of seven (7) four-story buildings.
Building 1 is proposed to contain 12 units and approximately 7,500 SF of retail. Buildings 2-7 are
proposed to consist of studios, one, two, and three bedroom units.
Planning & Zoning Commission
April 12, 2022
Development Services Director Rumer explained the developers have stated they will provide an
extension of Old Winter Garden Road from Maguire Road to State Road 50 as well as an onsite
stormwater pond. The proposed future extension is where the main access/entrance will be. An
amenity center/clubhouse with pool, dog park, and the stormwater pond will all be located on the
south side of the proposed future extension. Utilities will be extended to the site from Maguire
Road. He stated the next step will be the Final Site Plan with a Development Agreement.
Discussion:
Member Williams asked who will maintain the stormwater pond. Development Services Director
Rumer explained the owners will have ownership and maintenance. He further stated he anticipates
the stormwater pond to look like a pond park.
Member Keller inquired if the City will require any timeline in which the retail portion has to be
completed prior to the residential buildout and whether the dog park is only for use by this
community. Development Services Director Rumer answered in the affirmative stating the retail
is currently located within Buildings 1 and 2, which will be built first. He further stated the dog
park is only for this community. It will not be open to the public.
Vice -Chair Mellen asked if a traffic study was completed. Development Services Director
Rumer stated that a traffic study is not needed due to the placement of the proposed future
extension.
Erika Hughes, Applicant, FHB, 225 E. Robinson Street, Orlando, stated it has been a pleasure
working with City staff, and her team is available for any questions.
The Public hearing was opened. As no speaker forms were received, the public hearing was closed.
(6:49 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of The Regency Mixed -
Use Development Preliminary Site Plan; Project No: LS-2022-001; subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Kennedy, Seconded by Member Forges; motion carried unanimously.
B. 429 Business Center Phase II Small Scale Comprehensive Plan Future Land Use Map
Amendment (CPA/FLU) from Low Density Residential (LDR) to Light Industrial (LI)
and Rezoning from R-lA (Single -Family Dwelling District) to I-1 (Light Manufacturing
and Warehousing District); Project No(s): CPA-2022-002 & RZ-22-02-34. (Advertised
in the West Orange Times on Thursday, March 31, 2022)
Zoning Manager Whitfield presented a brief overview of this property, which is approximately
5.58 acres, located at 701, 707 and 711 :Pine Street and within the State Road 429 Overlay District
Business Center Character Area. She explained the proposed Comprehensive Plan Amendment to
change the future land use designation to Light Industrial and corresponding Rezoning to I-1 (Light
Manufacturing and Warehousing) is consistent with the Business Center Character Area Design
Plan for Sub -Area A. The applicant is requesting the Comprehensive Plan Amendment and
Planning & Zoning Commission
April 12, 2022
Rezoning in order to develop approximately 160,720 SF of warehouse and 37,200 SF of flex -space
which is consistent with the Business Center Character Area Design Plan. The applicant provided
a traffic impact analysis (TIA), which concluded that the proposed amendment would not cause any
additional deficiencies in surrounding roadways. The City is evaluating an extension of Pine Street
with a future connection between the Pine Street extension and Ocoee Apopka Road along the south
side of the future Beltway 429 :Project. That connection along with the Florida Department of
Transportation (FDOT) planned improvements along SR 438 will help to alleviate transportation
deficiencies in the project area.
Discussion:
Vice -Chair Mellen asked when the traffic study was done. Zoning Manager Whitfield said the
study was submitted with the application.
Member Forges asked what type of properties are adjacent to the south. Zoning Manager
Whitfield answered residential homes.
Matthew Sullivan, TSG Development, Orlando, indicated he is available to answer any questions.
Chair Lomneck opened the public hearing.
John Palmer, 750 Pine Street, said he lives adjacent to this property and feels misled and
misinformed as they were never told about the SR 429 Overlay. He further stated they feel they are
getting squeezed out and surrounded by commercial.
Chair Lomneck closed the public hearing.
Member Forges said he appreciates staff for explaining that the developer will build a road that
will connect :Pine Street to Ocoee Apopka Road.
Member Williams asked if staff has a response to the concerns of the residential neighbors.
Development Services Director Rumer explained all of the overlays are vision plans; and further,
the land uses in this vicinity could take up to 20 years to be revised, because the City did not revise
them at the onset of implementing the overlays. He further stated the surrounding land is mostly
Orange County agriculture, and the City of Ocoee does not have an agricultural land use.
Member Kennedy inquired if the purpose of the Business Character Overlay is to convert all
residential land uses to light industrial. Development Services Director Rumer answered the
vision and zoning overlay is for everything west of Ocoee Apopka Road to become commercial.
(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 429 Business
Center Phase 11 Small Scale Comprehensive Plan Future Land Use Map Amendment
(CPA/FLU) from Low Density Residential (LDR) to Light Industrial (LI); Proiect No.:
CPA-2022-002, subject to resolution of the remaining staff comments before the Citx
Commission meeting; Moved by Member Forges, Seconded by Member Williams;
motion carried 3-2 with Vice -Chair Mellen and Member Kennedv oDDosina.
Planning & Zoning Commission
April 12, 2022
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the 429 Business
Center Phase II Rezoning from R-1A (Single -Family Dwelling District) to 1-1 (Light
Manufacturing and Warehousing District); Project No.: RZ-22-02-34, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Forges, Seconded by Member Williams; motion carried 3-2 with Vice -Chair
Mellen and Member Kennedy opposing_
C. Land Development Code (LDC) Amendment to Article II, Section 2-4, and Article V,
Section 5-15 Relating to Tourist Homes. (Advertised in the West Orange Times on Thursday,
March 31, 2022)
Zoning Manager Whitfield presented a brief overview of this proposed LDC Amendment, which
clarifies the existing definition of "Tourist Home" in Article II, Section 2-4 and further, creates two
(2) new definitions in that section for "Transient Guest" and "Vacation and Short -Term :Rental".
This LDC Amendment also amends Article V, Section 5-15 regarding "Specific Use/Development
Standards" creating a new Subsection 5-15(C) to establish the standards and a process for tourist
homes including: 1) A no -cost application for Tourist Home Local Business Tax Receipt and
Certificate; 2) Payment of local taxes per Chapter 119 of the Code of Ordinances and obtaining a
Tourist Home Certificate (updated annually); 3) Identification of a Responsible Party (which may
be the tourist home owner, property owner, or other person or entity) to ensure compliance with all
state and local codes and regulations, including all requirements of the City's residential district
standards; 4) Clarification of existing parking requirements; 5) Building and fire safety inspections;
and 6) Ability of the Development Services Director to revoke the Certificate or pursue other
remedies if the provisions in Section 5-15 and the Certificate are violated.
Disru.c.cinn
Chair Lomneck asked if the fire safety inspections would be on -demand. Zoning Manager
Whitfield answered the responsible party would need to provide an inspection within 48 hours.
Member Williams inquired if the Renter would have any recourse with the City if the property is
subpar. Zoning Manager Whitfield stated the Renter should contact the responsible party with
any issues. However, if there is a building/fire code issue, they should contact the City.
Member Keller asked which four (4) rooms within the tourist home is the LDC referring to under
"Definition of Terms. (308) Tourist Home: A Dwelling, building or structure in which sleeping and
bathing accommodations in not more than four 4) rooms are provided or offered for transient guests
for compensation." Zoning Manager Whitfield answered tourists are only allowed to rent up to
four rooms in a house. Development Services Director Rumer explained the definition is intended
to stop 20 guests renting out a five -bedroom house. Member Forges pointed out that it says
"rooms", and a three -bedroom house can have eight rooms; and further, he suggested that it should
state "bedrooms". Discussion ensued regarding how many transient guests should be allowed to
rent the four rooms.
4
Planning & Zoning Commission
April 12, 2022
The Public hearing was opened. As no speaker forms were received, the public hearing was closed.
(7:51 pm)
Motion: Move to continue this item to the May 10, 2022, Planning and Zoning Commission
meeting; Moved by Vice -Chair Mellen, Seconded by Member Kennedy.
Discussion ensued regarding the differences between a Bed & Breakfast, a Hotel, and an Airbnb.
Development Services Director Rumer thanked the Board for their input and suggested this item
be brought back to the May meeting to give staff time to research how to limit each room in a house
from potentially being rented out separately under the proposed amendment. Member Williams
suggested that maybe room rental provisions should be listed in the application and not the
ordinance. Member Keller suggested continuing this to give staff time to add additional language.
After discussion, motion carried 3-2 with Chair Lomneck and Member Williams opposing_
V. MISCELLANEOUS - (8:03 pm)
A. Project Status Report
Development Services Director Rumer updated the Board with the following:
• The Fifth -Third Bank is being rebuilt as a Starbucks.
• The intersection at Fullers Cross Road and Lakewood Avenue will be closed after
school is out, at the end of May, to construct a roundabout.
• The proposed roundabouts on S. Bluford Avenue located at W. Geneva Street and
Maine Street were discussed.
• Chair Lomneck inquired if there will be training this year with regard to the Land
Development Code. Development Services Director :Rumer advised there is a large
comprehensive plan update coming soon, and he will look into it.
B. April Calendar - No updates
VI. ADJOURNMENT - 8:09 pm
ATTEST: APPROVED:
Kathy Heard, Recording Clerk Brad Lomneck, Chair
LAND •'CODE'•'
KI
1. LDC AMENDMENT
DEFINITIONS, ANI
SPECIFIC USE/DE
RELATING TO Tt
ZTICLE II SECTION 2-4,
ICLE V, SECTION 5-15
PMENT STANDARDS,
T HOMES/VACATION
.ay—o"
Rusty Johnson
City A/hu-111slex
Robert Fran
REMUSAAgAm
DATE: May 10, 2022
.Commissioners
, rry Brinson, Sr., District 1
Rosemary Wilsen, .District 2
Richard t^'irstner°, District
George Oliver It I, District 4
TO: The Planning and Zoning Commission (Local Planning Agency)
FROM: Anoch P. Whitfield, Zoning Manager
SUBJECT: Land Development Code (LDC) Amendment to Article II, Section 2-4, and Article
V, Section 5-15 Relating to Tourist Homes
ISSUE:
Should the Planning and Zoning Commission, acting as the Local Planning Agency (LPA),
recommend approval of amendments to Section 2-4 of Article II and Section 5-15 of Article V of
the Land Development Code (LDC) relating to regulation of tourist homes?
DISCUSSION:
The City has been experiencing a greater interest and influx of property owners and investors
wanting to operate tourist homes or vacation rental units in the City. Section 509.032(7), Florida
Statutes (FS), preempts the City's ability to prohibit vacation rentals or to regulate the duration
or frequency of rental of vacation units if local Codes were not already in place prior to 2011.
Because the City had provisions in place regarding tourist homes, including the number of
rooms that could be offered for rent, requirements for parking and tax classification for lodging
establishments based on the number of rooms or rental spaces with fewer than 5 rooms, the
City has the ability to update its Code in a manner that does not violate the preemption.
The attached ordinance details the proposed LDC amendments; however, below is a summary
of the changes.
Amendments to Article II, Section 2-4. Definitions:
o Clarify existing definition of tourist home, and
o Create two (2) new definitions:
■ "Transient guest" — The existing tourist home definition makes reference to
"transient guests", but there is currently no definition for what a transient guest
means, and
■ "Vacation and short-term rental" — To refer readers doing key word searches for
"vacation rentals" in the Code to refer to the "tourist home" definition.
Meeting Date
May 1 2022
g-
Amendments to Article V, Section 5-15. Specific Use/Development Standards: Create a
new Subsection 5-15(C) to establish the standards and a process for tourist homes,
including:
o A no -cost application for Tourist Home Local Business Tax Receipt and Certificate,
o Payment of local taxes per Chapter 119 of the Code of Ordinances and obtaining a
Tourist Home Certificate (updated annually),
o Identification of a Responsible Party (which may be the tourist home owner, property
owner, or other person or entity) to ensure compliance with all state and local codes
and regulations, including all requirements of the City's residential district standards,
o Clarification of existing parking requirements,
o Building and fire safety inspections, and
o Ability of the Development Services Director to revoke the Certificate or pursue other
remedies if the provisions in Section 5-15 and the Certificate are violated.
Based on a preliminary inventory conducted by staff, the existing tourist homes and short-term
rental units offered or available for rent include rooms in a house, entire houses, boathouses,
and tiny homes. While the City does not desire to prevent or otherwise stop the operation of
tourist homes and other short-term rentals, there is a recognized need to establish standards to
protect the health, safety and general welfare of the public and reduce or eliminate adverse
impacts to those property owners or residents residing adjacent to or near a tourist home or
other short-term rentals.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission, acting as the Local Planning
Agency (LPA), recommend approval of amendments to Section 2-4 of Article II and Section 5-
15 of Article V of the Land Development Code (LDC) relating to regulation of tourist homes.
Attachment: Summary of Vacation Rental Legislation
Ordinance
Short Term Rentals and Vacation Rentals
I. SUMMARY OF LEGISLATION
Section 509.032 in 2010
There were no specific references or regulations relative to vacation rentals prior to 2011. Original Statutes in 2010.
(7) PREEMPTION AUTHORITY. —The regulation of public lodging estabtishments and public food
service establishments, inctuding, but not timited to, the inspection of public lodging
establishments and public flood service establishments for compliance with the sanitation standards
adopted under this section, and the regulation of food safety protection standards for required
training and testing of food service establishment personnel are preempted to the state. This
subsection does not preempt the authority of a local government or local enforcement district to
conduct inspections of public lodging and public food service establishments for compliance with
the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.022.
House Bill 883 (Chapter 2011-119 Laws of Florida, Signed June 2, 2011, Effective upon becoming law)
On June 2, 2011, HB 883 amended 509.032, F.5., by creating a new subsection 509.032(b) to prohibit local governments
from regulating, restricting, or prohibiting vacation rentals based solely on their classification, use or occupancy. This
legislation, however, states that this paragraph does not apply to any local law, ordinance, or regulation adopted on or
before June 1, 2011.
What this meant, or at least implied at the time, was that the State prohibited local governments from restricting,
regulating or prohibiting vacation rentals based solely on their classification, use or occupancy but did not prohibit local
governments from regulating other aspects or impacts of vacation rentals. Below is new language copied from HB 883.
(7) PREEMPTION AUTHORI
(a) The regulation of public lodging establishments and public food
service establishments, including, but not limited to, the itispee6eft of ptthlie
lodging and publie kied seisl,iee estah-li-sh-raeats for eomph
anee �th t sanitation standards, inspections, r-a—dopyl—'ed und r- this seetionT
and the � -9u �jy n standards fiw-requifebl, training
and testing of —i-• e- esta lishI44A.�Af personnel, and matters related to
the nutritional content and marketing of foods of in such establish-
ments, is arte preempted to the state. This parMaph subsection does not
preempt the authority of a local government or local enforcement district to
conduct inspections of public lodging and public food service establishments
for compliance with the Florida Building Code and the Florida Fire
Prevention Code, pursuant to ss. 553.80 and 633.022.
Ub
based solely on their classification, use, or occupancy. This Daraizr,--wh does
June
I ordinance o, re atindon adopted on our befobeforenot apply to aU local law. r
—1 M I.
(c) Paragraph (b) does not apply to any local law, ordinance, or regulation
exclusively relating to property valuation as a criterion for vacation rental if
the local law, ordinance, or regglation is required to be approved by the
lie Dartment of Community Affairs 1)ursuant to an area of critical state
concern desigLiation.
Short Term Rentals and Vacation Rentals
Senate Bill 356 (Chapter 2014-71 Laws of Florida, Signed June 13, 2014, Effective July 1, 2014)
Subsequently, in 2014, the State passed HB 356 that further amended 509.032(b), F.S., to add more restrictions on local
governments by requiring that local governments may not prohibit vacation rentals or regulate the duration (the length
of stay) or frequency (how often a room or unit gets rented out) of rental of vacation rentals. See 2014 HB 356 excerpt
below:
(7) PREEMPTION AUTHORITY. —
(a) The regulation of public lodging establishments and public food
service establishments, including, but not limited to, sanitation standards,
inspections, training and testing of personnel, and matters related to the
nutritional content and marketing of foods offered in such establishments, is
preempted to the state. This paragraph does not preempt the authority of a
local government or local enforcement district to conduct inspections of
public lodging and public food service establishment,-, for compliance with the
Florida Building Code and the Florida Fire Prevention Code, pursuant to ss.
553.80 and 633,206.
W A local law, ordinance, or regulation may not PeA.Aet the, uise��
vacation fentah---
, prohibit vacation rentals-i or regulate the duration or
frequency of rental of vacation rentals bass, �--
use, wr oeeup+Hwy- This paragraph does not apply to tiny local law, ordinance,
or regulation adopted on or before June 1, 2011,
(c) Paragraph (b) does not apply to any local law, ordinance, or regulation
exclusively relating to property valuation as a criterion for vacation rental if
the local law, ordinance, or regulation is required to be approved by the state
land planning agency pursuant to an area of critical state concern
designation.
This language has remained unchanged since 2014. Below is the current language:
(7) PREEMPTON AUTHORt
(a) Mae regulation of public lodging establishments and public food service e5tablishi-nents,
including, but not Limited to, sanitation standards, inspections., training mid testing of personnel,
and matters related to the nutritional content and marketing of foods offered in such
establishments, is preempted to the, state, This paragraph does not preempt the authority of a
local government or local enforcement district to conduct inspections of public lodging and public
food service establishments for comptiance with the Florida Building Code and the Florida Fire
Prevention, Code, pursuant to ss. 553.80 and 633.20,6.
E"cat taw, ordinance ation may not prohibit'vacation rentals or regulate the
""L or regut,
dun or freqUency of rentall, of vacation rentals. This paragriph does not apply to any iocai law,
'Itio
01_d reguLation adopted on or be fore June r,, 2011 i na n oy
(c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating
to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is
required to be approved by the state land planning agency pursuant to an area of critical state
concern designation.
2
Short Term Rentals and Vacation Rentals
Ii. FINDINGS AND RECOMMENDATIONS
1) Findings: Below are existing City Codes and Florida Statutes that can be used to help develop standards for regulating
vacation and short-term rentals.
a. City Code of Ordinances:
i. Section 119-1. — Levy of tax. "The City hereby levies an occupational license tax upon every person
exercising the privilege of engaging in or carrying on any business, profession or occupation within the
City and authorizes the issuance of occupational licenses as authorized by Chapter 205, FS."
ii. Section 119-5. Classifications subject to tax; amount of tax. The City currently has a tax classification for
lodging establishments based on the number of rooms or rental spaces. Fewer than 5 rooms or rental
spaces is $78.15.
b. City LDC:
i. Section 2-4(306) Tourist Home. There is currently a definition for tourist homes, as follows: "A dwelling in
which sleeping accommodations in not more than four (4) rooms are provided or offered for transient
guests for compensation."
ii. Section 6-4G(1)(c). The Parking Code currently establishes a parking ratio for tourist homes as follows: one
(1) space per bedroom and one (1) space for the resident owner/manager.
iii. Section 5-13. Uses Accessory to Residential Uses. The current Code allows accessory apartments, garage
apartments and guest cottages on a residential lot so long as such accessory dwelling does not exceed
600 SF and meets the building setback requirements of the principal structure.
iv. Section 6-15. Multi family Development Standards. Short term rentals are expressly prohibited in a multi-
family development that are under fee simple ownership or condominium form of ownership.
c. Florida Statutes:
i. Section 509.013(4)(a) Public Lodging Establishments. Florida Statutes establishes a distinction between
"transient public lodging establishments" and "non -transient public lodging establishments" as follows:
• Transient public lodging establishments: Renting of rooms or units to guests more than 3 times in
a calendar year for a period of less than 30 days or 1 month, whichever is less. Advertised or held
out to the public as a place regularly rented to guests.
• Non -transient public lodging establishments": Renting of rooms or units to guests for a period of
at least 30 days or 1 month, whichever is less. Advertised or held out to the public as a place
regularly rented to guests for a period of at least 30 days or 1 calendar month.
• Does not apply to facilities or establishments licensed or regulated by AHCA or the Department
of Health (so, does not apply to community residential homes and ALFs serving 6 or fewer
residents per s. 419.001, FS)
• Does not apply to units or groups of units rented for periods of at least 30 days or 1 calendar
month, whichever is less, that are not advertised or held out to the public as a place regularly
rented for periods of less than 1 calendar month (but no more than 4 rental units in a single
building complex)
ii. Section 509.032(7)(a) Preemption Authority. State preemption on vacation rentals is relative to
prohibition of vacation rentals and the ability to regulate duration and frequency. It does not state that
local governments cannot regulate impacts, and it does not apply to the local government's or local
enforcement district's authority to conduct inspections of public lodging establishments for compliance
with the Florida Building Code and Florida Fire Prevention Code.
3
Short Term Rentals and Vacation Rentals
2) Recommendations. Based on the findings above, staff makes the following recommendations.
a) Amend Section 2-4, Article II, Definitions, to update the existing tourist home definition and add a definition for
"transient guest" using existing definitions in Florida Statues as follows:
(306) Tourist Home. A dwelling buildin or structure in which sleeping accommodations in not more than four
(4) rooms are provided or offered for transient guests for compensation. Tourist homes must meet the home
occupation criteria established in Section 5-15C, Article V.
(307) Transient Guest. A guest ocLcuDpyinfa tourist home, vacation rental unit or room, or other public lodging
establishment, as defined in Section 509.013(4), Florida Statutes, where it is the intention of the parties that the
oceupanc� will be temporary and such occupied unit or room is not the sole residence of the uest.
b) Amend Section 5-15. Specific use/development standards to create a new sub -section for tourist homes. Below
are recommended regulations that are intended to alleviate adverse impacts of tourist homes on surrounding
neighborhood without regulating duration or frequency.
§ 5-15. — SPECIFIC USE/DEVELOPMENT STANDARDS.
C. Tourist Homes.
(1) Operation of a tourist home shall be subject to all applicable City business taxes under Chapter 205, F.S., and
Article 119, Code of Ordinances. No tourist home shall be rented or offered or advertised for rent without
an active Local Business Tax Receipt (BTR) and a valid Tourist Home Certificate. The Certificate and BTR must
be updated annually.
(2) The owner of a tourist home shall designate a Responsible Party who will be the person or entity authorized
by the property owner to obtain a Tourist Home Certificate and who:
i. Will be responsible for ensuring compliance with all regulations related to the operation of a transient
public lodging establishment or tourist home;
ii. Will be available to respond 24 hours per day, 7 days per week to any issue that arises relating to the
tourist home;
iii. Must reside within the City or within a 10-minute/10-mile drive of the home; and
iv. May be the property owner. The designation of a Responsible Party does not relieve the property owner
of the responsibility of complying with all state and local regulations.
(3) An application for a Tourist Home Certificate shall include the following:
1. Business Name
2. Name, address and telephone number of the owner/operator of the tourist home
3. Name, address and telephone number of the responsible party
4. Tourist Home Affidavit;
5. A survey or site plan, drawn to -scale, demonstrating how parking will be provided and identifying any
proposed improvements to the property; and
6. A floor plan of the tourist home and the rooms that may be rented or offered for rent to transient
guests. Maximum of four (4) rooms may be rented or offered for rent to transient guests.
4
Short Term Rentals and Vacation Rentals
(4) A tourist home shall provide off-street parking in accordance with the parking requirements established in
Section 6-4; however, such parking shall be in conformance with the setbacks and impervious surface area
standards in Table 5-2.
(5) Operation of a tourist home shall comply with the City's noise, littering and waste disposal regulations
established in the Code of Ordinances (Chapters 101, 113 and 143) as well as local and state building and fire
safety regulations.
(6) The tourist home shall be made available for inspection pursuant to Sections 553.80 and 633.206, F.S., within
forty-eight (48) hours of a written request by the City. Needed corrections and time frame for completion of
such corrections to remedy any failed inspections shall be established by the City Building Official if they
relate to building safety or by the City Fire Marshal, if they relate to fire safety.
(7) The Development Services Director shall have the authority and responsibility to revoke any tourist home
tax receipt and/or to pursue other remedies as provided in the Land Development Code if any of these
provisions are violated.
5
ORDINANCE NO. 2022-
(LDC Update for Tourist Homes/
Vacation Homes/Short-Term Rental Units)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE
CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE II, SECTION 2-
4 DEFINITIONS AND ARTICLE V, SECTION 5-15 SPECIFIC
USE/DEVELOPMENT STANDARDS RELATING TO TOURIST
HOMES/VACATION HOMES/SHORT-TERM RENTAL UNITS; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article Vill of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority,
police power, land development and zoning authority, and governmental and proprietary powers
necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, the City has experienced, within its jurisdictional limits, an increase in the
tourist home, vacation home and short-term rental industry; and
WHEREAS, the City has found it is necessary to protect existing adjacent properties
from potential adverse impacts of such tourist home, vacation home and short-term rental
industry and to ensure the health, safety and general welfare of the public; and
WHEREAS, on April 12, 2022, the Planning and Zoning Commission, acting as the
Local Planning Agency, held an advertised and publicly noticed public hearing and
recommended approval of an amendment proposed by staff to revise Sections 2-4 and 5-17 of
the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida
Statutes, relating to home -based businesses; and
WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is
in the best interest of the City and its residents and promotes the health, safety, and welfare of
the public; and
WHEREAS, following advertisement and two (2) duly noticed public hearings on the
Ordinance on May 3, 2022 and May 17, 2022, the Ocoee City Commission approved the
amendments to Sections 2-4 and 5-15 of the LDC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed
as true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters
163 and 166, Florida Statutes.
SECTION 3. AMENDMENT OF THE LDC. Sections 2-4 and 5-15 of the City of
Ocoee Land Development Code are hereby amended to read as depicted in Exhibit "A" with
underlines representing additions and strike-throughs representing deletions.
SECTION 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto
SECTION 6. CODIFICATION. It is the intention of the Ocoee City Commission that
the provisions stated in this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or re -lettered
and the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or
re -lettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE.
immediately upon passage and adoption.
PASSED AND ADOPTED this day of
This Ordinance shall become effective
[Space intentionally blank]
2022.
-2-
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 2022.
go
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED 2022
READ FIRST TIME 2022.
READ SECOND TIME AND ADOPTED
, 2022.
J11 01191:1 010L\1Wkyl1i•[�>w
-3-
Changes are hereby made to Sections 2-4 and 5-15, as follows, with underline representing
additions and strike -through representing deletions:
ARTICLE 11
§ 2-4. - DEFINITION OF TERMS.
(308) Tourist Home. A dwelling, b �Idin or structure in which sleeping and bathing
accommodations in not more than four (4) rooms are provided or offered for transient
guests for compensation. Tourist homes must meet the home occupation criteria
established in Section 5-15C. Article V.
where it is the intention of the parties that the occupancy will be temporary and such
occuoied unit or room is not the sole residence of the auest.
i ELOWMEM011111
ARTICLE V
§ 5-15. — SPECIFIC USE/DEVELOPMENT STANDARDS.
. Wiffmac
_W
under Chapter 205, F.S., and Article 119, Code of Ordinances. Nr) tourist home
shall be rented or offered or advertised for rent without an active Local Business
Tax Receipt (BTR) and a no -cost valid Tourist Home Certificate. The Certificate
and BTR must be updated annualIv. An aoplication for a Tourist Home Certificate
shall include the follo�Ad�n
1. Business Name
2. Name, address and telephone number of the tourist home owner/operator;,
3. ame, address and telephone number of the responsible arty
4. Tourist Home Affidavit
N
M" �ffi#jj a IMMMOM
person or ejj��
1 1112 111111151"1 TIM111,11 RIONRIpm
operation of the tour Lst home-
iL TTi11 be available to respond 24 hours i)er dav, 7 days per week to anv issue that
arises relating to the tourist horng;
iii, Mav be the property owner. The designation of a Responsible Party does not
relieve the propertv owner of the responsibilitv of comolvinci with all state and
local reg.�j�
(3) A tourist home shall provide off-street parkinci in accordance with the Darkincl.
requirements established in Section 64 however, such parkinci shall be in
conformance with the setbacks and impervious surface area standards in Table 5-
2
(4) Operation of a tourist home shall comp1v with all of the Citv's residential districts
standards with respect to noise litt _,.ering and waste disposal regulations established
in Chapters 101, 113 and 143 of the Code of Ordinances as well as local and state
buildinq and fire safety
(5) The tourist home shall be made available for inspection pursuant to Sections
553.80 and 633.206, F.S., within fortv-eiqht (48) hours of a written reggg# t�he
Citv. Needed corrections and time frame for comiDletion of such corrections to
remedv anv failed insr)ections shall be established bv the Citv Buildina Official when
thev relate to buildinci safetv or bv the Citv Fire Marshal when thev relate to fire
�ia't.
(6) The Development Services Director shall have the authoritv and resl)onsibilitv to
SOMM
-5-
41
ITEM NUMBER IV. A.
NEW BUSINESS (PUBLIC HEARING)
"I - O •.
_< vor
Rusty Johnson
t1obert Fran.1c
TO:
11��
t 'I
fIcr da
STAFF REPORT
MENKIINOW-4
11r1imrssron rs
tarry Brinson Sr., District 1..
Rosemary Wilsen, Di.stric°t, ?
Richard Firstner, District 3
George Oliver 111, District 4
Planning & Zoning Commission (Local Planning Agency)
Anoch P. Whitfield, Zoning Manager
SUBJECT: 902 Hire Circle — Country Comfort Care Assisted Living Facility (ALF)/Minor
Community Residential Home
Variance Request
Project # VR-22-02
Commission District # 2 — Rosemary Wilsen
ISSUE:
Should the Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA),
recommend approval of a variance to Section 5-15B(2) of the Land Development Code, which
requires compliance with Section 419.001(2), Florida Statutes, and which particularly prohibits
the location of a minor community residential home within 1000 feet radius of another existing
minor community residential home, in order to allow a minor community residential home to be
located within 550 feet of another minor community residential home?
STAFF ANALYSIS:
The subject property is located at 902 Hire Circle and is zoned PUD-LD, known as the Ocoee
Commons PUD. The applicant/property owner, Amanda Arjune, purchased the subject property
on March 22, 2022, with the intent of operating a minor community residential home. Section 2-
4(79), LDC, defines a minor community residential home as a dwelling unit licensed to serve
clients of the Florida Department of Health and Rehabilitative Services, which provides a living
environment for fewer than seven (7) unrelated residents who operate as the functional equivalent
of a family.
Section 5-15.B, LDC, requires that "prior to the issuance of a certificate of occupancy, the operator
of a minor community residential home or the owner of the property shall provide the Building and
Zoning Director with a statement certifying that the use is in compliance with the restrictions set
out in Section 419.001(2), Florida Statutes, and in particular with the prohibition on the location of
such a use within 1000 feet of an existing minor community residential home". Pursuant to Section
419.001(2), Florida Statutes (attached), distance is measured by the radius of 1,000 feet from the
proposed subject property.
The applicant applied for an Assisted Living Facility (ALF) Reservation on March 17, 2022, and
was issued a denial of the Reservation on March 29, 2022, due to incompliance with the minimum
distance separation requirements of the Code. The ALF Reservation denial letter is attached to
this staff report. To summarize, The subject property is located within 550 feet of another minor
community residential home which is located at 863 Kuenz Place and which is under the same
ownership as the applicant/property owner.
P&Z 8 eetlrar Date: May 10, 2022
ru je L 902 Hire circle ... Country Comfort Care Assisted �...iving FaciNty (ALF)/Minor pan uraruraoty Resi e"RtW Home ..m
Variance Request
F'roje t currataer; R22m02
Following the receipt of the denial letter, the applicant has submitted a request for a variance to
Section 5-15.B, LDC, which prohibits the location of a minor community residential home from
being within 1,000 feet of another minor community residential home, in order to open a second
minor community residential home within the 550 feet of her existing community residential home.
According to Article IV, Section 4-9A, approval of a variance requires that the applicant
demonstrate:
(1) That special conditions and circumstances exist which are peculiar to the land, structures, or
required subdivision improvements involved and which are not applicable to other lands,
structures, or required subdivision improvements;
(2) That a literal interpretation of the provisions of these regulations would deprive the applicant
of rights commonly enjoyed by other properties with similar conditions;
(3) That the special conditions and circumstances do not result from the actions of the applicant;
and
(4) That the granting of the variance requested will not confer on the applicant any special
privilege that is denied by these regulations to other lands, structures, or required subdivision
improvements under similar conditions. No pre-existing conditions of neighboring lands which
are contrary to these regulations shall be considered grounds for the issuance of a variance.
Applicant Response: The applicant's response narrative is attached to this staff report. To
summarize, the applicant states that she currently owns and operates Country Comfort Care II,
Inc., located at 863 Kuenz Place and that that location does well and needs to expand. Instead of
expanding the residential structure at 863 Kuenz Place, the applicant is seeking to operate a
second facility within 550 feet radius of the existing facility in order to accommodate more seniors
and their families. The applicant states that in accordance with Statutes, this property is within
1,000 feet radius of its sister company and would not be saturating the area. She further states
that by granting this variance, it would not alter any regulations to land or structures and will only
improve the community and City of Ocoee.
Staff Analysis: Staff does not concur with the applicant's justification narrative. Instead, staff finds
that there are no special conditions or circumstances existing which are peculiar to the land and
structures of the subject property and that the literal interpretation of the provisions of these
regulations would not deprive the applicant of rights commonly enjoyed by other properties within
similar conditions. Furthermore, staff finds that the circumstances of this variance do result from
the actions of the applicant and that by granting this variance, the City would be conferring to this
applicant special privileges that is denied by these regulations to other lands and structures. Staff
further finds that the granting of this variance would be in violation of Section 419.001(2), Florida
Statutes, which requires that a community residential home that serves six (6) or fewer residents
are not to be located within a radius of 1,000 feet of another existing community residential home
that serves six (6) or fewer residents.
P&Z Meetlrar Date: May 10, 2022
ru je L 902 Hire Circle ... Country Comfort Care Assisted �...iving FaciNty (ALF)/Minor pan uraruraoty Resi entW Home ..m
Variance Request
F'roje t currataer; R-22-02
STAFF RECOMMENDATION:
Based on the findings stated above and the requirements of Article IV, Section 4-9A and Article
V, Section 5-15B, LDC, staff finds that the variance is not needed or justified, and staff does not
support the variance request as proposed.
Staff recommends that the Planning and Zoning Commission recommend denial of the variance
to Section 5-15B(2) of the Land Development Code, which requires compliance with Section
419.001(2), Florida Statutes, and which particularly prohibits the location of a minor community
residential home within 1000 feet radius of another existing minor community residential home, in
order to allow a minor community residential home to be located within 550 feet of another minor
community residential home.
Attachments:
Location Map
Aerial Map
Zoning Map
Florida Statutes on Site Selection of Community Residential Homes (Section 419.001, FS)
Applicant's Response Narrative
ALF Reservation Denial Letter
902 Hire Cir Variance
Location Map
T
E e va t e t
r is
n I
---------------------
O
S dalia S e i tre t
a
L s
0
902 Hire Cir Variance
Surrounding Zoning Map
>(�
Development Services
Department
0 112.5 225 450
Feet
Created: month year
aSubject Property
Zoning Classification:
General Agricultural (A-1)
Suburban (A-2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AA)
Single -Family Dwelling (R-1A)
Single -Family Dwelling (R-1)
One- & Two -Family Dwelling (R-2)
Multiple -Family Dwelling (R-3)
RN Mobile Home Subdivision (RT-1)
® Professional Offices & Services (P-S)
Neighborhood Shopping (C-1)
Community Commercial (C-2)
General Commercial (C-3)
Restricted Manufacturing
& Warehousing (1-1)
General Industrial (1-2)
Commercial (PUD)
Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
/// Unclassified
5/6/22, 9:29 AM
Statutes & Constitution :View Statutes : Online Sunshine
The 2021 Florida Statutes
Select Year: 2021 v Go
Title XXX Chapter 419 View Entire Chapter
SOCIAL WELFARE COMMUNITY RESIDENTIAL HOMES
419.001 Site selection of community residential homes.—
(1) For the purposes of this section, the term:
(a) "Community residential home" means a dwelling unit licensed to serve residents who are clients of the
Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the
Department of Children and Families or licensed by the Agency for Health Care Administration which provides a
living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including
such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social
needs of the residents.
(b) "Licensing entity" or "licensing entities" means the Department of Elderly Affairs, the Agency for Persons
with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or the Agency for
Health Care Administration, all of which are authorized to license a community residential home to serve
residents.
(c) "Local government" means a county as set forth in chapter 7 or a municipality incorporated under the
provisions of chapter 165.
(d) "Planned residential community" means a local government -approved, planned unit development that is
under unified control, is planned and developed as a whole, has a minimum gross lot area of 8 acres, and has
amenities that are designed to serve residents with a developmental disability as defined in s. 393.063 but that
shalt also provide housing options for other individuals. The community shall provide choices with regard to housing
arrangements, support providers, and activities. The residents' freedom of movement within and outside the
community may not be restricted. For the purposes of this paragraph, local government approval must be based on
criteria that include, but are not limited to, compliance with appropriate land use, zoning, and building codes. A
planned residential community may contain two or more community residential homes that are contiguous to one
another. A planned residential community may not be located within a 10-mile radius of any other planned
residential community.
(e) "Resident" means any of the following: a frail elder as defined in s. 429.65; a person who has a disability as
defined in s. 760.22(3)(a); a person who has a developmental disability as defined in s. 393.063; a nondangerous
person who has a mental illness as defined in s. 394.455: or a child who is found to be dependent as defined in s.
39.01 or s. 984.03, or a child in need of services as defined in s. 984.03 or s. 985.03.
(f) "Sponsoring agency" means an agency or unit of government, a profit or nonprofit agency, or any other
person or organization which intends to establish or operate a community residential home.
(2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall
be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances.
Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be
allowed in single-family or multifamily zoning without approval by the local government, provided that such homes
are not located within a radius of 1,000 feet of another existing such home with six or fewer residents or within a
radius of 1,200 feet of another existing community residential home. Such homes with six or fewer residents are
not required to comply with the notification provisions of this section; provided that, before licensure, the
sponsoring agency provides the local government with the most recently published data compiled from the
516/22, 9:29 AM Statutes & Constitution :View Statutes: Online Sunshine
program, as required by subsection 1 license issued without compliance with the provisions of this section shall
be considered null and void, and continued operation of the home may be enjoined.
(8) A dwelling unit housing a community residential home established pursuant to this section shalt be subject
to the same local laws and ordinances appLicable to other noncommercial, '• family units in the area in
Copyright (D 1995-2022 The Florida Legistature - R[jMNKj1A1gM2rft - Contact Us
IN 111111111 111'''
i
Country comfort care, Inc.
15340 Mallory Lane
Clermont, Florida 34715
g�
Ph: 407 --- 469 - 2151
Fax: 407,- 614 --- 8054
COulltryComfortCa-re,(Ot,,yahoo-com
a
ALF,
CountryCornfortC re corn
04/04/2022
Ifi
e - R 902 re Cir. Ocoec, Fl, 34761
f.
g
p
To Whom It May Concen
jt
I currently own and operate Country Comfort Care 11, Inc, located at 863 Kuenz Pl. Ocoee, FL
76 1. ,in operatin
g residential assisted living facility we are il constantly oa wai ing list dir
e
34As
to the families in need or small residential communities.
and needs to expand in order to accommodate mo e se ior
This location does extreniely well
and their families. However, that would mean altering the structure of this home in order to do
so, einthat this facility is
in a residential community we would choose not to alter the existing
Bg
property Af 00? I -lire Cir. Ocoee. FL. 34761
was - di - stance enough to comply with the Florida Statues. Upon working wan tne city 01 McOM
zoning department we were told that this property is within the 1,000 feet radius.
This purchase was made to help the community with providing more residential senior care for
seniors that aren't financially equipped to stay in large resort like settings, Also, it helps the state
of Florida by not having to place these, seniors in nursing homes, which saves the state thousands
every nionth versus residential assisted living.
in accordance to the 1,'Iorida statues, this property is within 1,000 feet radius of its sister company
Country Comfort Care 11, Inc. We would not be saturating the area, however we will be
providing more housing for seniors looking for this type of care.
Unfortunatelydue to COVID and niany other factors, many of these residential assisted living
,
I n
facilities have closed. Making it difficult for seniors to find housing and families strugg i g to
find solutions.
st
I
I
Country Comfort Care has helped so many seniors stay in a safe, clean, and secure environment
throughout Orange and Lake County. Fortunately, Country Comfort Care has made a name for
itself in the City of Ocoee and many are patiently waiting for more communities like ours. By
not allowing Country Comfort Care to open would be a great disappointment, Knowing a few
feet is causing seniors in need not to be able to have a secure and affordable home to live in.
By granting this variance it would not alter any regulations to land or structures., It will only
improve the community and the City of Ocoee, "I'liere will be no negative effects to the
-nmunity or subdivision; merely a positive addition to the City of Ocoee and its residents.
R oi
111
c
I
I would like to take this opportunity to thank you in anticipation for the approval of the zoning
variance,
Thank, you.
is
Amanda Arjune RN, BSN
Administrator
Country Comfort Care
Assisted Living Facility
ti
ik
sS
its
Commissioners
Larry Brinson, Sr., District I
Rosema Wils n Dis:
[EC0J*1=MEQ
March 29, 2022
Country Comfort Care, Inc.
c/o Amanda Argue
902 Hire Circle
Ocoee, FL 3476,1
Phone: 347-613-325 I E-mail: countrycomforteare awyahoo.corn
Re: Group Homes/Assisted Living Facilities Zoning Reservation Request
902 Hire Circle I Parcel I.D. # 20-22-28-6148-00-6�,O
Dear Ms. Attune;
The subject property, located at 902 Hire Circle, is zoned PUD-LD (Planned Unit Development — Low Density).
This letter serves as confirmation that, while a group home/assisted living facility (Community Residential Home
serving less than six (6) residents) would be a permitted use in that PUD-LD zoning district, there is an existing
such Community Residential Home located within a 1,000-foot radius of this property, and therefore, the property
located at 902 Hire Circle cannot be used for the proposed Community Residential Horne.
Please note that, per Section 419,001(2), Florida Statutes, distance is measure by the radius of 1,000 feet from the
proposed subject property. There is a Country Comfort Care Community Residential Home, serving less than six
(6) residents, within 1,000 feet of this property location (map provided).
Please If you have any additional questions or concerns contact me via e-mail at awhitfieldr(�ocoee.org or directly
Lzz�
at 40 7-5 54-7079.
Attachment
cc: File
"# I 7mrWIF �91
phone: (407) 905-3100 - fax: (407) 905-3167 - www.ocoee.org
m
Co
Al
E
CD
4
1 l Lil l/ 1 ® i
ELLANEOUS
A -MIN ID
The following information is respectfully submitted to the Honorable Mayor and City Commission in order to provide general
information about public and private development in the City of Ocoee. Please feel free to contact City Planner Rumer at ext. 1018
for additional information or questions.
District 1- Larry Brinson, Sr,
Project Name &
Status
General Location
Project Description
COMMERCE 429 FKA
BELTWAY 429 FKA PROGRESS
COMMERCE PARK
1290 Ocoee Apopka Road
Large Scale Final Site Plan for up to 480,500
, 2md review comments
Parcel # 07-22-28-0000-026
SF of Light IndustrialMarehouse uses
sent on May 10, 2022
24.95 acres
located within six (6) buildings.
Pine St
Parcel # 07-22-28-0000-00-096
13.01 acres
Commission District 1— Larry Brinson, Sr.
• DRC Meeting: June
21, 2021
COMMERCE 429 FKA
• Planningl & Zoning
BELTWAY 429 FKA PROGRESS
Meeting: Jules
Annexation, Large Scale Comprehensive
2021
COMMERCE PARK
Plan Amendment from Low -Density
0 City Commission
1290 Ocoee Apopka Road
Residential to Light Industrial; Joint Planning
meeting 1st reading:
Parcel # 07-22-28-0000-026
Area Text Amendment, Rezoning to PUD,
October 19, 2021
24.95 acres
Large Scale Preliminary Site Plan for up to
0 City Commission
Pine St
480,500 SF of Light IndustrialMarehouse
meeting 2"d reading:
Parcel # 07-22-28-0000-00-096
uses located within six (6) buildings.
December 7 2021
13.01 acres
0 APPROVED at the
Commission District 1— Larry Brinson, Sr.
December 7, 2021,
City Commission
meeting
GREENS AT FOREST LAKE
PHASE 1 & 2
2291 West Road
Large Scale
Parcel # 05-22-28-0000-00-017
Preliminary/Final Subdivision Plan is
Under Construction
14.10 acres
proposing a 198-unit two-story Townhome
West Road
with a max living area of 1,500 SF
Parcel # 05-22-28-0000-00-043
14.97 acres
Commission District 1— Larry Brinson, Sr.
1 1 P
• DRC Meeting:
December 1, 2020
• Planning & Zoning
Meeting: December
GUERRERO PROPERTY
8, 2020
1411 N. Lakewood Ave.
Annexation & Rezoning from "Orange
"City
• City Commission
meeting 11st reading:
Parcel # 08-22-28-5956-12-120
County" Single Family Dwelling (R-2) to
January 18, 2022
0.17acres
of Ocoee" Single Family Dwelling (R-1)
City Commission
Commission District 1— Larry Brinson, Sr
meeting 2nd reading:
February 1, 2022
• APPROVED at the
February 1, 2022, City
Commission Meeting
INNOVATION MONTESSORI
SCHOOL PHASE 3
Final Large -Scale Site Plan for Innovation
City Commission
1610 N Lakewood Ave.
Montessori from a Pre-K through 8th grade,
meeting (Consent
Parcel # 07-22-28-0000-00-054
with a student capacity of 800 students to a
Pre-K through High School with a school
Item): TBD
20.16 acres
capacity of 1088 students.
Under 2nd Review
Commission District 1— Larry Brinson, Sr.
*NEW PROJECT
MIXED -USE @ FULLERS
• Under 1$t Review
CROSS RD & OCOEE APOPKA
Large ScalePreliminary Site Plan for mixed-
+ Planning & Zoning
RD
use consisting of Apartments and
Meeting: TBD
Fullers Cross Road
Commercial
• City Commission
Parcel # 06-22-28-0000-00-056
17.96acres
Meeting: TBD
Commission District 1- Larry Brinson, Sr.
OCOEE VILLAGE CENTER
ALLURE
Large Scale Preliminary/Final Subdivision
Clarcona Ocoee Road
Plan for 320 Unit Apartments, four (4) —
101,000 SF, four-story Residential Buildings
Under Construction
Parcel # 05-22-28-0000-00-040
and one (1) — 10,000 SF, single -story
15.63 acres
Pool/Clubhouse
Commission District 1— Larry Brinson, Sr.
OCOEE VILLAGE CENTER
SOUTHEAST COMMERCIAL
10711 NLakewood Ave
Preliminary/Final Subdivision Plan for a
4,650 SF Gas Station/Convenience Store, a
Parcel # 05-22-28-0000-00-004
14,000 SF Retail/Restaurant Building, and a
Under Construction
4.7acres
4000 SF Quick Service Restaurant
Commission District 1— Larry Brinson, Sr.
OCOEE VILLAGE CENTER
TOWNHOMES
10711 NLakewood Ave
Large Scale Preliminary/Final Subdivision
Under Construction
Parcel # 05-22-28-0000-00-004
Plan for 232 — 2 story Townhome units
34.48 acres
Commission District 1— Larry Brinson, Sr.
OCOEE VILLAGE CENTER
. 2nd review comments
TOWNHOMES
sent on March 24,
10711 N Lakewood Ave
Plat for 232 — 2 story Townhome units
2022
Parcel # 05-22-28-0000-00-004
0 Awaiting resubmittal
34.48 acres
of 3rd review
Commission District 1— Larry Brinson, Sr.
• APPROVED for
STARBUCKS construction on March
2443 Ocoee Apopka Road Small Scale Site Plan for a 2,500 SF 8, 2022
Parcel # 06-22-28-2856-03-000 Starbucks Building 0 Pre -Construction
Commission District 1- Larry Brinson, Sr. meeting held on April
19, 2022
606 SOUTH BLUFORD AVE.
WAREHOUSE AND OFFICE
606 South Bluford Ave.'`
Small Scale Site Plan, 10,000 SF Building
Under Construction
Parcel # 17-22-28-6144-04-401
1.1 acres
Commission District 2 - RosemaryWilsen
CITY CENTER WEST ORANGE,
PARCEL 1, PHASE IV, LOT 4A
2nd Review Comments sent on
251 Main Street
Small Scale Site Plan, two-story 20,000 SF
June 18th, 2019: Awaiting
Parcel # 20-22-28-0000-00-015
office/retail building
resubmittal for 3rd Review
11.92 acres
Commission District 2 - Rosemary Wilsen
DARREN CENTER
0 4th Review comments
9961 W Colonial Drive
Small Scale Site Plan
sent on 03/09/2022
Parcel # 21-22-28-0000-00-012
18,302 SF Medical & Professional
. Pending resubmittal
7.06 acres
Office
for 5t" review
Commission District 2 - Rosemary Wilsen
GOTHA CLINIC FKA WEST
ORANGE MEDICAL CENTER
Non -Substantial Amendment to the West
3442 Old Winter Garden Road
Orange Medical Center PUD to develop one
APPROVED at the
Parcel # 29-22-28-0000-00-028
single -story 11,000 SF building, from the
March 1, 2022, City
3462 Old Winter Garden Road
planned two single -story buildings, and one
Commission Meeting
Parcel # 29-22-28-0000-00-036
two-story building, totaling 14,646 SF
1.21 acres
Commission District 2 - Rosemary Wilsen
:I1_1:41W_1zId1]4zIII f_1I
1100 Blackwood Avenue Small Scale Site Plan for a 5,984 SF Dental
Parcel # 20-22-28-0742-02-000 Office Building Under 2nd Review
1.96 acres
Commission District 2 - Rosemary Wilsen
3 1 Pao
INNOVATION MONTESSORI
1475 E. Silver Star Road
Special Exception to approve C-2 zoned
APPROVED at the
Parcel # 16-22-28-4763-00-020
land for a High School use
April 5, 2022, City
4.32 acres
Commission meeting
Commission District 2 — Rosemary Wilsen
*NEW PROJECT
Under Review
OCOEE COMMONS PUD'
• City Commission
'1100 Blackwood Avenue
Comprehensive Plan Amendment to the
meeting: April 19
Parcel # 20-22-28-0742-02-000
PUD
,
2022 (Consent
1.96 acres
Agenda)
Commission District 2 - Rosemary Wilsen
O'REILLY'S OCOEE
1891 E. Silver Star Road
Parcel # 16-2-28-8049-00-003
Small Scale Site Plan for a 7,453 SF
Under 5t" Review
O'Reillys Auto Parts store
5.06 acres
Commission District 2 — Rosemary Wilsen
O'REILLY'S OCOEE
City Commission
1891 E. Silver Star Road
Meeting (Consent
Parcel # 16-2-28-8049-00-003
Plat
item): TBD
5.06 acres
Under 31 review
Commission District 2 — Rosemary Wilsen
*NEW PROJECT '
Annexation,; Small Scale Comprehensive
SIRI OFFICE BUILDING
Plan Amendment FROM "Orange County„
3872 Old Winter Garden Road
Low-DensityResidential to "City of Ocoee"
• Under 1st Review
Parcel # 28-22-28-0000-00-019
Professional Office and Services, and
1.25 acres
Rezoning from "Orange County„ A-1
Commission District 2- Rosemary Wilsen
(Agriculture) to City of Ocoee"PUD
• Planning & Zoning
Meeting: March 8,
VAN WINKLE VARIANCE
2022
319 Hormigas Street
Variance requesting to reduce the front yard
City Commission
Parcel # 20-22-28- 7250-0 1 -100
setback from 25 feet to 20 feet for a five foot
Meeting: April 5, 2022
0.61 acres
addition to an existing single-family home
Van Winkle Variance
Commission District 2 — Rosemary Wilsen
APPROVED at the
04/05/2022 City
Commission meetin
VMG OFFICE BUILDING FKA
4 LOCOS TACO REVISIONS
101 W. Silver Star Road
Small Scale Site Plan, two-story 6,300 SF
Under Construction
Parcel # 18-22-28-4100-00-171
Office Building
0.61 acres
Commission District 2 — Rosemary Wilsen
WENDYLYN'S BEAUTY SALON,
FKA 54 REWIS STREET
Small Scale Site Plan for a 1275 SF
• Approved for
54 Rewis Street
Building, Mixed use of Beauty Salon and
construction
Parcel # 18-22-28-7900-05-051
Residence
Pending Pre-
0.25 acres
Construction Meeting
Commission District 2 — Rosemary Wilsen
WEST OAKS SELF STORAGE
AND OFFICE 1 SHOPPES AT
WEST OAKS PD
Rezoning from Community Commercial to
9000 W. Colonial Drive
Planned Development
Under Construction
Parcel # 27-22-28-8005-00-040
4.1 acres
Commission District 2 — Rosemary Wilsen
4 1 P a g
409 OCOEE APOPKA ROAD
PUD
409 Ocoee Apopka Road
Parcel # 18-22-28-0000-00-056
4.76 acres
Commission District 3 - Richard Firstner
Large Scale Preliminary/ Final Site Plan for
two Industrial Warehouse Buildings totaling
61,797 SF
• DRC Meeting:
September 28, 2021
• Planning & Zoning
Meeting: October 12,
2021
• City Commission
meeting: November
16, 2021
• City Commission
approval on
November 16, 2021
• 3rd Review Comments
submitted to applicant
on 02/02/2022
• Pending Resubmittal
for 4t" review
ARYA Small Scale Comprehensive Plan Future
868 Roberson Road Land Use Map Amendment from Low Ordinance ADOPTED at the
Parcel # 31-22-28-0000-00-005 Density Residential to Professional Offices November 2, 2021, City
10.29 acres and Services land use designation Commission meeting
Commission District 3 - Richard Firstner
• DRC Meeting: March
1, 2022
BLUFORD AVENUE DAYCARE
• Planning & Zoning
Meeting: March 8,
880 Bluford Avenue
2022
Parcel # 20-22-28-0000-00-055
Special Exception to use land zoned C-2 for
City Commission
and # 20-22-28-0000-00-059
Child Care use
meeting: April 5,
2.45 acres
2022
Commission District 3 - Richard Firstner
• APPROVED at the
April 5, 2022, City
Commission Meeting
5 1 Pa g e
CHRISTIAN BROTHERS
AUTOMOTIVE
Plan APPROVED for
West Colonial Dr.
Small Scale Site Plan for a 5000 SF
construction
Parcel # 20-22-28-9138-03-000
Automotive Service Building
November 24, 2021
.62 acres
Commission District 3 — Richard Firstner
DANIEL/RAY COMMERCIAL
DEVELOPMENT
DANIELS VETERINARY
Preliminary/Final Site Plan
SERVICES
• 10,806 SF Veterinary Clinic on lot 1
to
Under 5 Review
11700 W Colonial Drive
Commercial Development on lots 2
Parcel# 30-22-28-0000-00-074
& 3
Parcel # 30-22-28-0000-00-002
Parcel # 30-22-28-0000-00-035
6.95 acres combined
Commission District 3 — Richard Firstner
EXPRESS SIGNS BUILDING
ADDITION
Site Plan APPROVED
637 Palm Drive
Small Scale Plan for a 22,042 S.F., one
Pending Pre -
Parcel# 13-22-27-6649-02-000
story warehouse building
Construction Meeting
4.23 acres
Commission District 3 — Richard Firstner
FIRST CHOICE DOOR AND
MILLWORK
Small Scale Site Plan for a 4,000 SF
393 Enterprise Street
detached storage building and associated
Under Construction
Parcel# 19-22-28-9153-02-601
parking and utility improvements
1.26 acres
Commission District 3 — Richard Firstner
HAMPTON INN BY HILTON AKA
COMFORT INN - MAINSTAY
• Approved for
SUITES
Construction on April
W. Colonial Dr.
Preliminary/Final Large -Scale Site Plan for a
4, 2022
Paarcel # 19-22-28-0000-00-007
rse
six -story 74,657 SF hotel with 120 rooms
• Pre -Construction
945 Marshall farms Rd.
meeting: April 4,
Parcel# 19-22-28-0000-00-008
2022
Commission District 3 — Richard Firstner
INLAND GROUP OFFICE
East Crown Point Road
Parcel # 13-22-27-0004-01-002
Small Scale Site Plan for a 14,710 SF, two-
Under Construction
story, Office Building
1.46 acres
Commission District 3 — Richard Firstner
INSPIRATION TOWN CENTER
Large Scale Preliminary/Final Site plan, 90
AND LUXURY HOMES
luxury townhouses, with four commercial
820 Tomyn Blvd
buildings consisting of a preschool, with
Parcel # 30-22-28-0000-00-017
Maguire Road
office and retail space
Building 1 (one-story pre-school) = 13,681 SF
Under Construction
Parcel # 30-22-28-0000-00-004
Building 2 (one-story office/retail = 12,600 SF
16.87 acres
Building 3 (two-story office/retail = 42,350 SF
Commission District 3— Richard Firstner
Building 4 (one-story retail) = 3,591 SF
LAKE LILLY
APPROVED for
Construction on
2802 Old Winter Garden Road
Large Scale Final Site Plan for 410 Luxury
January 6, 2022
Parcel # 29-22-28-0000-00-007
Multifamily Rental Units
0 Pre -Construction
16.61 acres
meeting held on
Commission District 3 — Richard Firstner
December 1, 2021
LEGACY LIFESTYLES SENIOR
HOUSING OF OCOEE
. APPROVED for
934 Roberson Road
3-story 112,259 square foot Assisted Living
construction
Parcel # 31-22-28-0000-00-051
Facility on 6.77-acre Parcel 1
February 10th, 2018
17.05 acres
Commission District 3 — Richard Firstner
LOVE MOTORSPORTS
• APPROVED for
11953 W. Colonial Drive
Small Scale Site Plan for building
Construction on
November 24, 2021
Parcel # 19-22-28-0000-00-073
renovations and addition of 5,338 SF for a
Pre -Construction
2.54 acres
showroom of new vehicles and sales
meeting scheduled for
Commission District 3 — Richard Firstner
January 11,2021
OCOEE CORNERS
COMMERCIAL DEVELOPMENT
PHASE 2 AND SONNY'S BBQ
AKA MAGUIRE AND HWY 50
RETAIL
Small Scale Site Plan creating four lots, Lot
11030 w Colonial Dr
one (1) to include a proposed 4,994 SF
Parcel# 30-22-28-0000-00-020
Sonny's BBQ standalone restaurant and
Under Construction'""'
7.33 acres
future building, Lot 2 has two (2) existing
1535 Maguire Rd
buildings that were constructed under the
Parcel# 30-22-28-0000-00-030
Maguire and HWY 50 Retail Site plan; Lot 3
4.50 acres
& 4 will create open lots.
W Colonial Dr
Parcel# 30-22-28-0000-00-061
.01 acres
Commission District 3 — Richard Firstner
OCOEE MEDICAL OFFICE -
ADVENT HEALTH
11001 West Colonial Dr.
Small Scale Site Plan for a single story,
Under Construction
Parcel # 19-22-28-0000-00-024
7,232 SF Medical Office Building
.61 acres
Commission District 3 — Richard Firstner
OCOEE-TOMYN SELF
STORAGE FACILITY AKA
BARKERITAVILLE PUD AKA
Site Plan
PET PARADISE
Preliminary/Final Large -Scale Site Plan
APPROVED on
Parcel # 31-22-28-0000-00-050
March 25, 2022
8.13 acres
Commission District 3 — Richard Firstner
• DRC Meeting: August
31, 2021
• Planning & Zoning
Meeting: September
OCOEE VILLAGE
14, 2021
Franklin Street
Large Scale Preliminary Site Plan, for two
0 City Commission
Parcel # 18-22-28-0000-00-025
(2) two-story buildings with 72,712 sf for
meeting: October 5,
5.77 acres
office/retail.
2021
Commission District 3 — Richard Firstner
• 1 It Review DRC
comments sent on
August 31, 2021
• awaiting resubmittal
for 2nd review
PRUITT HEALTH
870 Tomyn Blvd
Substantial Amendment to the PUD for a
Parcel# 30-22-28-2861-01-0000
Nursing Facility
Under Construction
10.73 acres
Commission District 3 — Richard Firstner
7 1 P a g e
• 2nd Review comments
sent on March 28,
THE REGENCY
2022
Large Scale Preliminary Site Plan for a
DRC Meeting: April 5,
1601 Maguire Road
mixed use development with approximately
2022
Parcel# 30-22-28-2861-01-0000
250-300 residential multi -family units with
• Planning & Zoning
10,73 acres
associated neighborhood retail uses
meeting April 12,
Commission District 3 — Richard Firstner
2022
• City Commission
Meeting: May 3, 2022
WAYNE AUTOMATIC FIRE
SPRINKLER
222 Capitol Court Expansion of existing Office Building and
Parcel# 19-22-28-9153-01-800 associated parking lot Under Construction
3.389 acres
Commission District 3 — Richard Firstner
• DRC Meeting: March
1, 2022
A DIOS SEA LA GLORIA
Special Exception to use land zoned C-2 for
• Planning & Zoning
MINISTRY
a church use. The proposed church seeks to
Meeting: March 8,
1700E. Silver Star Road
occupy Suite A101, containing 1,440 S.F.
2022
Parcel # 16-22-28-8042-00-010
within the existing 59,810 S.F. shopping
City Commission
7.14 acres
plaza.
meeting:Aril 5, 2022
p
Commission District 4 — George Oliver, 111
DENIED at the April 5,
2022, City
Commission meeting
ARDEN PARK NORTH PHASE 6
City Commission
9723 Clarcona Ocoee Road
Plat for the Arden Park North Phase 6
Meeting: December
Parcel # 33-21-28-0010-06-041
Subdivision for 67 lots
7, 2021
15.23 acres
• Plat RECORDED on
Commission District 4 — George Oliver, 111
December 10, 2021
EVEREST REHABILITATION
HOSPITAL AKA OCOEE
APPROVED for
LANDINGS COMMERCIAL
Large Scale Site Plan fora 39,817 SF,
Construction
1842E. Silver Star Road
single -story, Rehabilitation Hospital
.
Pre -Construction
Parcel # 16-22-28-4532-00-040
meeting scheduled for
5.12 acres
May 17, 2022
Commission District 4 — George Oliver, 111
LAKE MEADOW LANDING
(F.K.A ARDEN LANDING; CIARA
PLACE / F.K.A. VILLA ROMA)
Large Scale Preliminary/Final Subdivision
Under Construction
2121 North Clarke Road
Plan, 88-unit 1,391 SF (per unit) residential
Parcel # 04-22-28-0000-00-048
townhomes with a 2,400-SF clubhouse
21.05 acres
Commission District 4 — George Oliver,111
MEMORY CARE COTTAGES OF
OCOEE
Large Scale Preliminary/Final Site Plan for a
Memory / Health Care Facility; proposed site
Plan Approved
1900E. Silver Star Rd.
plan will construct four (4) One -Story
Awaiting Pre -
Parcel # 15-22-28-4716-00-130
buildings, each building to be around 14,743
Construction Meeting
6.92 acres
SF
Commission District 4 — George Oliver, Ill
81Fo
PRAIRIE LAKE SUBDIVISION
Ocoee Vista Parkway/AD Mims Road
Parcel # 09-22-28-0000-00-056
Preliminary Final Subdivision Plan to<i;°N.
construct 78 lots, each containing a two-
Under Construction
11.99 acres
story townhome
Commission District 4 — George Oliver, 111
• City Commission
meeting (Consent
RESERVE AT LAKE MEADOWS
Item): November 16,
2149 Lauren Beth Avenue
A Large -Scale Final Subdivision plan for 210
2021
Parcel # 04-22-28-0000-00-024
single family homes
• 4tn Review comments
18.58 acres
sent on March 16,
Commission District 4 — George Oliver, 111
2022
• Awaiting resubmittal
for 4t' review
WYNWOOD PHASE 1 & 2 FKA
CLRM
44 W. McCormick Road
Large Scale Preliminary/Final Subdivision to
Parcel # 33-21-28-0000-00-007
construct 190 single-family residential lots in
100 E McCormick Road
Phase 1 & 2 with stormwater ponds, open
Under Construction
Parcel # 34-21-28-0000-00-022
space, and park/recreation area and 187 lots
3201 Trout Lake Road
for Mass Grading in Phase 3 & 4
Parcel # 33-21-28-0000-00-020
212.30 acres
Commission District 4 — George Oliver, 111
WYNWOOD PHASE 1 & 2 FKA
CLRM
44 W. McCormick Road
• 1 st Review comments
Parcel # 33-21-28-0000-00-007
sent on March 24,
100 E McCormick Road
Plat for Wynwood Phase 1 & 2 for 190 lots
2022
Parcel # 34-21-28-0000-00-022
• Awaiting resubmittal
3201 Trout Lake Road
for 2"d review
Parcel # 33-21-28-0000-00-020
212.30 acres
Commission District 4 — George Oliver, 111
e5andau Alondau 7-u'asdau Wodnosdau 7-hursdau Fridau �5aturdau
1
2
3
4
5
G
7
City Commission
General Emp.
Human Relations
6:15 pm City Hall
Pension Board
Diversity Board
Ocoee TV Live
10 am City Hall
6:15 pm City Hall
Pohce/Nrre Pension
1 pm City Hall
ia
8
9 Municipal67,ork Wank
10
11
12
13
14
. 4Y, ,,
Planning & Zoning
Citizen Advisory Council
LAY
Commission 6:30 pm
to Fire Dept.
4i3
„
City Hall Ocoee TV Live
6:00 pm Fire Station 25
05/17 Agenda Items due to
05/17 Staff Reports due to
`
City Clerk
City Manager
05/17 Agenda Published
15
16
17
1s
19
20
21 (lrmfzd forelis Vag
ParksRecreation
City Commission
Red
Advisory Board
6:15 pm City Hall
g OLight am Cityacing
6:00 pm City Hall
Ocoee TV Live
i„
22
23
24
25 t` rang . (ountg
26 C'mployv-s-z bunch
27
28
Code Enforcement
Board 7:00 pm City Hall
Cµ}pl
IS OUTI
�t
Ocoee TV Live
s
CACOPD 7:00 pm City Hall
29
30 Citg floll Glos�,d
31
1 Jun
M morial flay
06/07 Agenda Items due to
06/07 Staff Reports due to
City Clerk
City Manager
06107 Agenda Published