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HomeMy WebLinkAbout09-13-2022 Agenda Packetm4'`Fdu PLANNING AND ZONING COMMISSION September 13, 2022 1. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA (LOCAL PLANNING AGENCY) REGULAR MEETING OCOEE CITY HALL Commission Chambers 1 N. BLUFORD AVENUE OCOEE, FL 34761 AGENDA A. Minutes of the Planning and Zoning Commission Meeting held on August 30, 2022. 111. OLD BUSINESS IV. NEW BUSINESS A. 285 11t" Avenue — Rodriguez/Torres Annexation 1. Annexation (AX-05-22-25) 2. Rezoning (RZ-22-05-38) B. 175 S. Clarke Road — Persaud/Rama Communication Inc. 1. Annexation (AX-07-22-26) 2. Rezoning (RZ-22-07-40) C. Family Dollar/Dollar Tree Variance CONTINUED FROM THE AUGUST 30, 2022, PLANNING & ZONING MEETING 1. Variance Request (VR-22-07) D. 429 Business Center Phase II East 1. Large Scale Preliminary Site Plan (LS-2022-008) E. 429 Business Center Phase II West 1. Large Scale Preliminary Site Plan (LS-2022-009) F. Code of Ordinance Amendment 1. Amendment to Chapter 38, Article Il, Section 38-5.1 B to create an additional exemption to locational requirements V. MISCELLANEOUS A. Project Status Report B. September Calendar 6:30 PM Zoning Manager Whitfield Zoning Manager Whitfield Zoning Manager Whitfield Zoning Manager Whitfield Zoning Manager Whitfield Zoning Manager Whitfield 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. Cry lI11 WVA 1I MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, August 30, 2022 I. CALL TO ORDER - 6:36 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chair Lomneck, Vice -Chair Kennedy, Member Forges, Member Mellen, 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 July 12, 2022. Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by Vice -Chair Kennedy; Motion carried unanimously. III. OLD BUSINESS - None IV. NEW BUSINESS — Public Hearings A. Variance Request for 1909 Leslie Ann Lane, VR-22-05. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this request, which is located at 1909 Leslie Ann Lane. The applicant had applied for a permit which was approved by the City to replace the concrete driveway with pavers and widen the driveway southward, to just outside of the easement and driveway setback. Subsequently, the permit failed inspection due to the driveway being constructed three (3) feet into the easement, which is incompliant with the permit, and with a drainage system under the pavers and a 15-inch tall by 12-inch wide masonry retaining wall that was constructed one (1) foot from the property line, which were not permitted with the City, and Planning & Zoning Commission August 30, 2022 included a drainage system discharging runoff onto the adjacent property to the rear (east), which was not permitted with the City and is prohibited per Section 6-4H(2). Zoning Manager Whitfield explained, per 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; & 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. Zoning Manager Whitfield further stated the applicant requested an easement vacation, which the City Commission approved on June 7, 2022, less the easternmost seven (7) feet, subject to a condition that the easement would be vacated if the variance to Section 6-4H(2) is also approved. Therefore, the applicant is seeking a variance to Section 6-4H(2), Article VI, in order to keep the widened driveway, drainage, and retaining wall at one (1) foot from the property line. Zoning Manager Whitfield explained staff findings and recommendations of denial. Zoning Manager Whitfield explained if the variance is recommended for denial by this board and denied by the City Commission, the applicant will need to remove the wall and move the pavers back to where the approved permit specified, and they can work with city staff on the drainage issues. If the variance is recommended for approval and approved by the City Commission, the applicant will need to permit the wall and drainage system in order to not discharge water offsite. Discussion: The applicant was present for questions. Brian Arthur, 1909 Leslie Ann Lane, Ocoee, explained the paver company told them they knew what they were doing and worked with the City often, and they trusted them to do the job right. Member Williams asked how they found the paver company and whether they checked their license. Mr. Arthur said he did a Google search for an Ocoee paver company, because they wanted to stay with a local company. Member Keller asked if the neighbors have any issues with the wall and drainage. Mr. Arthur stated the neighbor loves the wall. 2 Planning & Zoning Commission August 30, 2022 Member Mellen asked staff, if this is approved, are the owners required to seek another permit with the city. Zoning Manager Whitfield answered in the affirmative, because the wall and drainage were never permitted with the City. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. Member Forges asked the applicant if he was aware when the permit was first denied by the City. Mr. Arthur stated the permit was never rejected. Zoning Manager Whitfield clarified when the permit was first submitted, it was rejected several times, and she had many conversations with the contractors explaining why the permit was being rejected, and they stated they would notify the property owner. The contractors eventually brought a survey forward that was approved by the City; however, the contractors did not follow the approved survey. Chair Lomneck inquired who notifies the owners of the property when a permit submittal is rejected. Zoning Manager Whitfield responded the burden is on the contractors to tell the owners of the property. (6:54 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of the Variance Request for 1909 Leslie Ann Lane, VR-22-05, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Vice -Chair Kennedy, Seconded by Member Williams; motion carried 3-2 with Member Forges and Member Mellen opposing_ B. Variance Request for 606 Center Street, VR-22-06. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this request, which is located at 606 Center Street and is zoned R-IA (Single -Family Dwelling District). The subject property is a corner lot with roadway right-of-way frontage along the east side (Cardinal Street) and south side (Center Street). Based on the City's permitting system, the property was issued a building permit (2493- 2019) for a 20' x 40' carport (800 SF) in the northwest area of the property and a building permit (2235-2018) to add 1,610 SF of paver area (23 feet x 70 feet) along the north side of the property, which includes a second driveway off of Cardinal Street. Based on the aerials on the Orange County Property Appraiser (OCPA) website, it appears that in 2021 an additional roof was added to the 2019 carport, and in 2022 the yard area between the new carport roof and the 2018 pavers appears to have been covered with impervious material. No permits were found for these improvements within the City's archives. The survey submitted with this variance application is not dated and does not show these previous improvements. The applicant desires to install a pre -fabricated 24-feet wide and 20-feet deep carport. This places the proposed carport approximately six (6) feet from the south property line, resulting in a nineteen (19) foot (approximately 76%) encroachment into the minimum 25-foot setback. Therefore, the applicant is seeking a variance to reduce the front setback from 25 feet to 6 feet. Zoning Manager Whitfield explained, per Article IV, Section 4-9A, approval of a variance requires that the applicant demonstrate: Planning & Zoning Commission August 30, 2022 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; & 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. Zoning Manager Whitfield explained staff findings and recommendation of denial. Discussion: The Board had no comments or questions for staff. Jose Romero, Applicant, 606 Center Street, Ocoee, explained why he would like to build a carport on this section of his property. Vice -Chair Kennedy asked how long he has lived there. Mr. Romero responded four years. Member Williams asked if he did any of the previous improvements to the property. Mr. Romero said some of the improvements were already there, but he did install the carport in the back and pavers. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. (7:02 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of the Variance Request for 606 Center Street, VR-22-06, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Member Williams, Seconded by Member Forges; motion carried unanimouslV. C. Variance Request for Family Dollar/Dollar Tree at 1.531 East Silver Star Road, VR-22-07. (Advertised in the West Orange Times on Thursday, August 18, 2022) Chair Lomneck announced this item has been tabled; however, there is one resident present requesting to speak under the public hearing. Chair Lomneck opened the public hearing. 4 Planning & Zoning Commission August 30, 2022 Lamar Powers, 1515 Acropolis Circle, Ocoee, stated allowing this business to have bigger signs than the other businesses within this vicinity is not fair and believes they will be unsightly and may obstruct views of drivers and cause accidents. Chair Lomneck closed the public hearing. (7:05 pm) Motion: Move to continue the Variance Request for Family Dollar/Dollar Tree at 1531 East Silver Star Road, VR-22-07, to the September 13, 2022, Planning and Zoning Commission Meeting; Moved by Member Williams, Seconded by Member Mellen; motion carried unanimously. D. Covington Oaks - Rezoning from A-1 (General Agriculture) to R-IA (Single Family Dwelling), Project No. RZ-22-07-39. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is approximately 9.94 acres, zoned Orange County A-1 (General Agriculture) and located on the north side of A.D. Mims Road, approximately 1,637.5 feet west of N. Apopka Vineland Road. The applicant proposes to develop a residential subdivision. The applicant is requesting to rezone to R-IA, which is the same zoning district as the neighborhoods to the west and east. The R-IA zoning district requires a minimum lot size of 8,000 SF. However, due to the lack of central sanitary sewer, the residential development will be on septic tanks, and the applicant has coordinated with the City to create larger quarter (1/4) acre lots with a total of 16 single-family residential lots and preserve approximately 3.68 acres of land for open space and the existing canopy. Discussion: The applicant was present for questions. Chair Lomneck asked if vehicle trips have already been accounted for. Zoning Manager Whitfield explained traffic concurrency has already been accounted for by way of the Future Land Use Map. Member Williams asked why this development will need to be on septic. Zoning Manager Whitfield said the sewer lines are too far away. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. (7:11 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of Covington Oaks Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling), Project No. RZ-22-07-39, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Forges; motion carried unanimouslv. Planning & Zoning Commission August 30, 2022 E. Orchard Park Assisted Living Facility (ALF), 2755 Grapevine Crest - Special Exception, Project No. 08-22-SE-030. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is located at 2755 Grapevine Crest, toward the east side of Grapevine Crest and approximately 660 feet south of Clarcona Ocoee Road. The subject site is approximately .21 acres and currently zoned R- IAA (Single Family Dwelling District). The property is currently developed with a single family residence, and the property owners/applicants are currently using it as a minor community residential home (CRH) serving five (5) residents. The owners/applicants applied with the State and have already received the licensing required to operate a facility that serves ten (10) residents, and are now applying for the special exception to change from a minor CRH to a major CRH in order to serve up to ten (10) residents. Zoning Manager Whitfield summarized staff's analysis with respect to Section 4-8B, which establishes the standards for review and approval of a Special Exception as well as Section 5-15B which establishes guidelines for approval of a major community residential home. She stated no additional structures or buildings and site improvements are being proposed; and further landscape buffers and open space is not required as the proposed use remains one (1) single family dwelling. She explained the proposed use will remain a single family dwelling with two (2) parking spaces per unit, which the property currently meets, because they require family members to visit by appointment only. The owners/applicants have met with City Fire and Building Departments to ensure the dwelling meets Building and Fire codes. She emphasized that there are no minor or major CRHs within 1,200 feet of this property; and further, staff recommends approval of the Special Exception application for a major community residential home. Discussion: Chair Lomneck asked for clarification on City's process, because they are already certified by the State for a 10-bed facility. Zoning Manager Whitfield explained the City's process for this Special Exception is to determine whether or not the increase in residents would create an impact to the surrounding community. Member Keller asked if any construction to the exterior of the home is planned and how many cars will be parking there on a daily basis. Zoning Manager Whitfield explained the plans show only internal renovations; and further, the home will have parking for visitors as visitors have to make appointments ahead of time. Reshma Singh, Owner/Applicant, explained they have owned and operated this home for up to five beds, and in June of this year they were granted a license by the State for a 10-bed facility. Member Keller asked if their HOA has approved the 10-bed facility. Ms. Singh stated the 5-bed home was previously approved by the HOA. She stated it was not a requirement to receive an approval for the 10-bed home; however, she advised an HOA member is present in support. Planning & Zoning Commission August 30, 2022 Mr. Mellen asked if a business drops the values of surrounding homes, would there be a legal recourse under the Harris Act. Assistant City Attorney Drage stated she does not want to comment on the Harris Act tonight, because she has not researched it; however, there are statutory provisions that do allow this type of business in residential areas. (7:26 pm) Chair Lomneck opened the public hearing. Kim Boudrie, 1120 Alberta Street, Longwood, stated they own a small company that assists ALFs in residential areas across the state. She explained the ways they assisted this ALF, such as how to get started, meeting the State's regulations, requesting a zoning letter, and filing permits and licensing with the Fire Marshall, and Health Department. She stated this ALF is home to all elderly clients with no traffic. She explained residential ALF homes have a very low impact to the community and, for the most part, the neighbors do not even know it is an ALF. She gave accolades to this ALF home in running a beautiful spacious home that is very well cared for inside and out. Jim Chelini, 2768 Grapevine Circle, Ocoee, stated he lives adjacent to the ALF and verified that this ALF has no parking issues or negative impacts to the neighborhood. He explained he spoke with neighboring residents who stated they had no issues with this home. Kathy Chelini, 2768 Grapevine Circle, Ocoee, stated she does not see any impact on a daily basis in terms of traffic or noise. She explained she was a legal nurse consultant for ALFs, and she has seen and examined this home and found this home to be a stellar ALF compared to larger ALFs. Chair Lomneck said he has been told there is another ALF operating in that neighborhood. Zoning Manager Whitfield stated if there is one, the City is unaware of it. Bob Misko, 1120 Alberta, Longwood, stated he owns Environmental Services, Staffing and Solutions with Kim :Boudrie, explained he wrote the Fire Plan, and there is an egress exit out of the back of the home. He stated he also wrote the Emergency Power Plan and they have the fuel for 96 hours if they lose power. He stated he also wrote the Emergency Management Plan which interacts with Orange County and has been approved. He further stated this ALF is one of the best, because the owners have put their hearts and souls in it. Jim Kass, 2717 Plumberry Avenue, Ocoee, stated he has an Airbnb next to his house, which has been a ten-year nightmare. He stated he is not a big fan of running a business out of a residential home. He further stated if this business is allowed, then the flood gates will open with businesses on every corner. Chair Lomneck closed the public hearing. Member Forges asked for clarification on whether there will be ten rooms or ten residents. Zoning Manager Whitfield stated ten residents. Member Forges asked if more than one resident is allowed in a room. Chair Lomneck opened the public hearing. Reshma Singh, Owner/Applicant, explained three rooms have a maximum of two residents per room and four rooms are private. Member Forges asked if the State's requirements go by the number of residents or rooms. Ms. Singh explained the number of residents. 7 Planning & Zoning Commission August 30, 2022 Vice -Chair Kennedy asked if the member of the HOA is present to speak. Sohan Singh, 2046 Orchard Park Drive, Ocoee, stated he has been on the ARC board for more than five years, and they approved the five -bed ALF. He further stated as far as he knows, there is nothing in the covenants that restricts this type of business. Chair Lomneck closed the public hearing. (7:39 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of Orchard Park Assisted Living Facility (ALF) Special Exception for up to ten (10) residents, Project No. 08- 22-SE-030, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice -Chair Kennedy, Seconded by Member Williams; motion carried 4 to 1 with Member Mellen opposing_ F. Ocoee Oaks Joint Venture - Rezoning from A-1 (General Agriculture) to R-1 (Single Family Dwelling), Project No. RZ-22-08-43. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is located in the northeast corner of the South Clarke Road and White Road intersection. The property contains approximately 12.59 acres, but only the 5.71 acre portion adjacent to White Road is subject to this zoning request. The applicant is requesting to rezone the current 5.71 acres of A-1 (General Agriculture) to R-IA (Single Family Dwelling), which is the same zoning district as the neighborhoods to the east and south. The R-IA zoning district requires a minimum lot size of 8,000 SF, and the applicant is proposing a minimum lot size of 9,800 SF for purposes of developing an 18-lot single-family residential subdivision. Engineering of the subdivision will come at the time of Preliminary Subdivision Plan. A Preliminary Plan has been submitted to support the rezoning; however, the Preliminary Subdivision Plan (PS:P) application has not yet been submitted. Discussion: Member Williams asked about the access off of White Road and whether there will be a widening of White Road, or has capacity been already accounted for. Zoning Manager Whitfield explained there are no current plans on widening White Road, and capacity has already been accounted for because the land use designation is not changing. The applicant was present for questions. (7:40 pm) Chair Lomneck opened the public hearing. Eileen Redfern, 395 Robyns Glenn Road, Ocoee, stated they have lived in the White Hill subdivision for almost 29 years, and they really appreciate the beautiful natural wooded area behind their home. She shared many illustrations on the diverse wildlife in her backyard. She asked to let the diverse wildlife live in peace and keep their happy home, not destroy it. 0 Planning & Zoning Commission August 30, 2022 Doug Gomber, President of White Hill HOA, 405 Misty Meadow Drive, Ocoee, stated they are very concerned about storm runoff, traffic access to White Road and the proximity of the Clarke Road intersection, the number of proposed lots and the affect the development will have on the valuation of their homes in White Hill. He explained the White Hill subdivision is very opposed to this proposed development and want answers to the grading of the property and traffic concerns. He requested this be tabled until more information is available to the adjacent White Hill subdivision. Chair Lomneck asked how the traffic access will work with the median that runs parallel to this parcel down White Road. Carlos Bonilla, Esquire, Applicant, explained their engineers have stated there will be a left in and a right in/right out, but the small bumper will have to be dealt with. Zoning Manager Whitfield explained when the :Preliminary Site Plan (PS:P) comes in an operations traffic study may be required, but not a capacity analysis. Chair Lomneck asked if the water mitigation stays on property. Zoning Manager Whitfield explained subdivisions have to provide on -property drainage, which will be evaluated on the PSP. Chad Shafer, 267 Robyns Glenn Road, Ocoee, stated he is opposed to the proposed development and stated numerous surrounding traffic issues, and suggested a traffic study has to be done before any decisions are made. Carlos Bonilla, Esquire, Applicant, 7901 Kingspointe Parkway, Suite 8, Orlando, said he appreciated the comments, and explained they do intend to put up a fence on the east side between the property lines. He explained the storm drainage will go north to the back of the church and has to stay on -site. He further stated the new homes will total 2,500 square feet with a starting price of approximately $550,000, which will bring all surrounding property values up. Chair Lomneck closed the public hearing. Vice -Chair Kennedy clarified that the item before them is simply to change the zoning and not to recommend approval or denial of any site plans; and further, the Future Land Use Map shows this parcel to be rezoned to R-lA Single Family Dwelling. Zoning Manager Whitfield answered in the affirmative. Vice -Chair Kennedy inquired whether it is relevant at this point if the church has previously implied that they would not develop the land. Zoning Manager Whitfield stated the City does not uphold private agreements. Development Services Director Rumer explained the rezoning process in that the site plan at this point is only a very rough site plan. The preliminary site plan will come back for a recommendation, and the homes have to meet the size of the surrounding homes with the Rl-A zoning requirements. Chair Lomneck asked the Board to only vote on the rezoning at this time, not the proposed development. (8:01 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of Ocoee Oaks Joint Venture Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling), Project No. RZ-22-08-43, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Williams, Seconded by Vice -Chair Kennedy; motion carried unanimouslV. 0 Planning & Zoning Commission August 30, 2022 G. Ocoee Landings Mixed Use Building - Substantial Amendment to the PUD/Land Use Plan and Preliminary/Final Large Scale Site Plan, Project Nos. RZ-22-07-41 & LS-2022- 007. (Advertised in the West Orange Times on Thursday, August 18, 2022) Development Services Director Rumer presented a brief overview of this property, which is located on the east side of Lake Johio Road, and the north side of E. Silver Star Road, approximately 770 feet east of the intersection of N. Clarke Road and E. Silver Star :Road. The subject site is located on Tract 4 of the PUD, approximately 1.76 acres and undeveloped. This amendment proposes a 51,680 square -foot Mixed Use Building consisting of: a) Pt Floor: 8,000 SF of retail and 1,757 SF of apartment leasing space and four (4) apartments; b) 2nd Floor & 3rd Floor containing 42 apartment units ranging from 1-3 bedrooms. The total amount of apartment units is 46. Access to the site is via a right -in / right -out on Silver Star Road via a shared driveway with Everest Rehab Hospital. An additional driveway is located on Lake Johio Road via internal circulation through Everest's site. A deceleration right turn lane will be provided on Silver Star Road and a right turn lane on Lake Johio Road. Parking is being provided with 109 on -site parking spaces and 5 off -site parking on the Everest site via an expected cross parking agreement. The site is able to facilitate five (5) A.D.A. compliant parking spaces. Stormwater is provided via the master stormwater pond located within the PUD and adjacent to the east side of the project. In between the building and the east property line a small linear walkway with benches is provided for passive use and dog walking. Discussion: David Mayer, Applicant, Cuhaci & Peterson, Maitland, explained they took some ideas from the adjacent Everest Rehab Hospital in order for the buildings to complement each other. He stated the building has visual interest and is not flat, and they provided more parking at the end of the building. Chair Lomneck asked what type of tenants are interested in the retail portion and are any of them restaurants. Mr. Mayer stated that they would like to find a restaurant if they can meet the parking requirements. Chair Lomneck stated this site is prime restaurant real estate. He asked if they can reduce the footprint to incorporate a sit-down restaurant and more parking. Development Services Director Rumer stated the developers have been working on it. Vice -Chair Kennedy asked what the building's external material is. Mr. Mayer stated maybe a traditional stucco finish or EIFS stucco, but will work off of the adjacent hospital's exterior for consistency. Chair Lomneck opened the public hearing. Robert Phillips, 1877 This Bay Court, Ocoee, stated he purchased his home in Ocoee Landings in June of 2020, and they were always told the adjacent parcels were commercial. He asked the Commission to balance the needs of moving Ocoee forward, but to also balance the needs of the residents. He requested them to keep this parcel commercial, not residential. He is concerned with the balconies and tenants looking down into the adjacent yards. David Cross, Ocoee Landings, stated he believes this concrete rectangle will be an eyesore which will affect the perception of quality of Ocoee Landings, and apartments on this parcel is a bad choice because of the inadequate parking. Chair Lomneck asked why he thinks residential would be worse than a commercial, which has a lot more traffic. Mr. Cross stated the proposed building is three stories and looks bad; and further, the applicants are at their legal limits with parking. 10 Planning & Zoning Commission August 30, 2022 Labrun Alexis, 1853 This Bay Court, Ocoee, stated the difference between residential and commercial is a quiet evening. He stated this building will be directly in his backyard, which was not the plan when he purchased the home. He is concerned about safety. Rose Thomas, Owner/Applicant, stated because Ocoee Landings is adjacent to the north, they decided to not incorporate balconies on the apartments; and further, she stated their buffer line is 15 to 20 feet in certain areas. She explained this PUD is bringing an urban mixed -use setting into the neighborhood with condensed -sized luxury apartments. Vivian Lyte-Johnson, 1884 This Bay Court, Ocoee, stated she supports her neighbors and their concerns; however, her children are looking for luxury apartments within this area. Roshell Drayton, 1908 This Bay Court, Ocoee, stated she supports her neighbors, and believes commercial and apartments are too much for that area. She further stated a restaurant or VA facility would work well there. Summer Jenkins, 1915 Ibis Bay Court, Ocoee, stated she is on the Ocoee Landings HOA and is in opposition to this, and asked them to look at building at the mall in Ocoee. Gisele Johnson, 1854 This Bay Court, Ocoee, stated she is concerned about the entrances/exits to and from this proposed development; and further, it currently is a traffic nightmare in the area. She discussed in further detail the traffic problems. Kenny Johnson, 1854 This Bay Court, Ocoee, stated he is concerned about the traffic and the additional vehicles this proposed development would bring to the area. Andrea Simpson, 1974 This Bay Court, Ocoee, stated she is concerned with the increased traffic this development would bring in the area, which would impact safety and the children who walk to school. She further said the apartments may not have balconies, but they do have windows, which would look down into her neighbors' backyards. Mary Ramos, 1015 San Marcos Boulevard, Naples, Owner/Applicant, explained their idea of developing the apartments; however, they are still figuring out the commercial side. She highlighted the type of people looking for this type of apartment community. Rose Thomas, Owner/Applicant, explained the Ocoee Landings developer, Chip Bryan, worked with them to create a type of plan that would fit this community and enhance Ocoee. Chip Bryan, 1120 Willa Vista Trail, Maitland, Master Developer of Ocoee Landings, stated the concerns of the residents are valid. He explained they worked with City staff on the cumulative impacts associated with the original commercial anticipated uses, and with this current plan the traffic impact is significantly reduced from the original plan. Chair Lomneck closed the public hearing. Member Mellen stated he is concerned about a three-story apartment building looking down on Ocoee Landings and adjacent homes. He said he lives close by and there are no apartments around this vicinity; and further, this does not fit the land use for this area, and, in his opinion, it should remain commercial/retail, which is what he will vote for. 11 Planning & Zoning Commission August 30, 2022 Member Williams stated she thinks the timing is off. She explained she remembers all of the issues when Ocoee Landings was before them. She further said she does not know which way she will vote at this time; however, she does have concerns with this property and does prefer it staying commercial. Member Forges stated he agrees with Member Mellen, because when Ocoee Landings was before them, they recommended to only place one-story homes along the property line with the adjacent subdivision for privacy issues, and this proposed 45-foot structure creates privacy issues, which is what they were trying to avoid. He further commented on the developer squeezing in parking spaces in order to place this building on this site. He asked if there is a Plan B. His greatest concern is the height of the structure, and he explained the differences in traffic between commercial and apartments. Member Keller asked if staff can answer whether apartments need to be placed on the first floor and explained better commercial uses need to be added to this area. He is concerned about this being a three-story building when everything in the vicinity is one-story. He would like to see this revisited as commercial with a restaurant. Developer Services Director Rumer explained this area does not have an overlay that restricts any architecture requirements. Chair Lomneck stated this type of commercial/residential use is happening everywhere; and further, said a restaurant does need to go in this area. He requested, at a minimum, a 12-foot brick wall be placed along the back in between the properties. Member Mellen reiterated the land use is not apartments in this area. He stated the vicinity is all residential, retail and commercial. He said placing an apartment complex here would not fit the aesthetics or surrounding area as there are no apartments located in or around this vicinity. (8:53 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of Ocoee Landings Mixed Use Building Substantial Amendment to the PUD/Land Use Plan; Proiect No. RZ-22- 07-41, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Forges. Member Forges said he is a big fan of mixed -use developments, but this is not the location for it. Chair Lomneck said he is a fan of mixed -use developments as well and believes this is a good use, but the plan needs some revisions with less units and more retail. Vice -Chair Kennedy stated he likes the mixed -use. If it was something similar to what he saw at a previous meeting with retail/apartments/townhomes that had a softer feel and looked more like the residential surrounding it, he might support it, but he cannot support this. Due to confusion on the initial motion stated, the Chair asked for the motion to be restated and a roll -call vote be taken. 12 Planning & Zoning Commission August 30, 2022 (8:56 pm) Restated Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of Ocoee Landings Mixed Use Building Substantial Amendment to the PUD/Land Use Plan, Project No. RZ-22-07-41, subject to resolution of the remaining staff comments before the City_ Commission meeting: Moved by Member Mellen. Seconded by Member Forges: after roll -call from the Clerk, motion carried 4 to 1 with Chair Lomneck opposing. Chair Lomneck asked whether the Preliminary/Final Large Scale Site Plan fails because the zoning failed. Development Services Director Rumer explained there is no need to vote on the Preliminary/Final Large Scale Site Plan because the :Board recommended denial of the Substantial Amendment. V. MISCELLANEOUS - (8:58 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • Sonny's restaurant opened up last Thursday. • The Aria Senior Apartments off of Roberson Road are in their final stages. • Chair Lomneck asked whether Ocoee Village has finalized their construction with the underground lines. Development Services Director Rumer said they have not started that construction; however, they have put a new team together to get that in order, and in approximately two weeks they should be done with the underground lines. • Chair Lomneck asked Development Services Director Rumer to explain the Florida Turnpike Enterprise's Turnpike Widening Project and how it may impact some of the City's new developments currently under construction. Development Services Director Rumer explained the current plan of the Turnpike Widening Project would greatly impact The Alibi at Lake Lilly Apartments and The Regency. This proposed plan has very large implications and economic impacts on the City. The City has aggressively requested the Florida Turnpike to come up with an alternative plan. • Announced the Open House for the new City Hall is Thursday, September 8th from 5:30 — 8:00. B. August Calendar - No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by_ Member Williams, Seconded by Member Forges; motion carried unanimously. 13 Planning & Zoning Commission August 30, 2022 VI. ADJOURNMENT - 9:05 pm ATTEST: Kathy Heard, Recording Clerk Brad Lomneck, Chair 14 ITEM NUMBER IV. A. = 01-11mo-II 285 11T" AVENUE - RODR 1. ANNEXATION (AX-05 2. REZONING (RZ-22-05 25 LIC HEARING) _< vor iristy Johnson obert Fran DATE: September 13, 2022 STAFF REPORT ornmission 'rs t,arryr Brinson, Sr., IDistriet l Rosemary WiDsen, I.Distric,t Rkba:trd F'irstner, District 3 George Giver 111, District 4 TO: Planning & Zoning Commission (Local Planning Agency) FROM: Anoch Whitfield, Zoning Manager SUBJECT: 285 11t" Avenue — Rodriguez/Torres Property Annexation & Rezoning Project No(s): AX-05-22-25 & RZ-22-05-38 Commissioner District # 1 — Larry Brinson, Sr. ISSUE: Should the Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), recommend approval for an Annexation and Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee R-1 (Single -Family Dwelling) of the Rodriguez/Torres Property located at 285 11t" Avenue? BACKGROUND: General Location: The property is located on the northwest corner of the 11th Avenue and Peters Avenue intersection. Parcel Identification Number(s): 08-22-28-5960-21-140 Property Size: Approximately 0.26 acres Actual land use, proposed land use, and unique features of the subject property: The subject property has an existing single-family residence. The applicant is annexing into the City limits as a condition for receiving City's potable water connection and service. The future land use classification of the subject property: CURRENT FLU & ZONING PROPOSED ZONING Jurisdiction/Future Land Orange County / Low -Density City of Ocoee / R-1A Use -Joint Planning Area Residential Land Use Classification Four dwelling units/acre The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North County / Low Density Residential County R-2 East City / Low Density Residential City R-1 South County / Low Density Residential County R-2 West County / Low Density Residential County R-2 CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044, Florida Statutes (F.S.), grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long FE Z Meeting Date. September 13, gbdl Project: Rodriguez/Torres Property -_ 285 111" Street Annexation & Rezonwng Project Il nnrber(s); Ax-05- -2 a & RZ-22-05-3 as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it will be bordered on the east by the City's jurisdictional limits. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Rezoning: The parcel will receive an R-1 (Single -Family Dwelling) zoning classification upon annexation. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5, which states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits when services can be properly provided and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15, which states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report (See attached): The property is located within the Ocoee -Orange County JPA area and is bordered by the City of Ocoee to the east. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property is currently being served by the City water service. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The Development Review Committee (DRC) met on Tuesday, September 6, 2022, to consider the annexation and rezoning. Upon finding consistency with the City's regulations and policies, the DRC recommended approval of the proposed Annexation and Rezoning from Orange County R-2 (Residential District) to City of Ocoee R-1 (Single -Family Dwelling District) of the Rodriguez/Torres property located at 285 11th Street. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation and rezoning from Orange County R-2 (Residential District) to City of Ocoee R- 1 (Single -Family Dwelling District) of the Rodriguez/Torres property located at 285 11th Street. Attachments: Location Map Aerial Map Zoning Map Future Land Use Map Annexation Feasibility Analysis Annexation Ordinance Rezoning Ordinance 285 11th -Annexation and Rezoning Location Map th An (21 a) > C: > h AV ET u qe _0 °01t nu c c�th V I i--V/pr%5 . —T L C. Roao] - — - - - - -------- 1 t venu TT Ld e -- 285 11th Street - Annexation & Rezoning Surrounding Zoning Map \r�lri'l Development Services Department 0 100 200 400 Feet Created: August 2022 QSubject 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) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) MA Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) 'mac:; Commercial (PUD) Low Density (PUD) No Medium Density (PUD) High Density (PUD) Public Use (PUD) X11 Unclassified rR-1 is Rod 285 11th Street - Annexation & Rezoning Surrounding Future Land Use Map - 000(>e umao Development Services i s n R O d Department 0 100 200 400 REC Feet Created: August 2022 13Subject Property TM AVonoo I I I I I Future Land Use Classification: Low Density Residential (LDR) EL Medium Density Residential (MDR) 0 High Density Residential (HDR) e Professional Offices and Services (PS Commercial (COMM) Light Industrial (LI) (U Heavy Industrial (HI)nu Conservation/Floodplains (CONS) Recreation and Open Space (REC) Public Facilities/Institutional (INST) h v I III-TT� I 1EE rst CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-05-22-25 & RZ-22-05-38 APPLICANT NAME: JOSE RODRIGUEZ PROJECT NAME: 285 11 ST AVENUE This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department's findings are summarized below. a Property Location El.Geneeral Location: The property is generally located in the northwest corner of 11th Avenue and Peters Avenue el Identification Number: 08-22-28-5960-21-140 3. Street Addresses: 285 11 th Avenue 4. Size of Parcels: .26 acres Use Characteristics 1. Existin Use: Single-family home 2. Proposed use: Single-family home 3. Densit / Intensity: 4. Projected Population: N/A 1 Zonin and Land Use 1. Oran a Count Future Land Use: County Low Density Residential 2. Oran a Count Zoning: R-2 3. Existin Ocoee Future Land Use: Low Density Residential per JPA FLUM 4. Proposed Ocoee Zoning: R-1 E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: I Yes 13 FIRE DEPARTMENT 1. Estimated Response Time: 2. Distance to Property: 3. Fire Flow Requirements: DOLICE DEPARTMENT 1. Police Patrol Zone / Grid / Area: 2. Estimated Response Time: 3. Distance to Property: 3. Average Travel Time Page 1 of 3 IV. Applicant Name: Jose Rodriguez Project Name: 285 111h Street Annexation & Rezoning Case #: AX-05-22-25 & RZ-22-05-38 ECONOMIC VALUE Anoch Whitfield,Zoning Manager 1. Property Appraiser Market Value: $129,934 2. Property Appraiser Taxable Value $129,934 3. Estimated City Ad Valorem Taxes: TBD 4. Anticipated Licenses & Permits: TBD 5. Potential Impact Fees: TBD 6. Total Project Revenues: TBD 1. Within the 100-year Flood Plain: I No VI. UTILITIES Jennifer Bolling, Deputy Director A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No (property currently served by City water) 4. Location and Size of Nearest Water Main: 0 B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation Agreement Needed: Other 1. Utility Easement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: VI1. TRANSPORTATION Anoch Whitfield, Zoning Manager 1. Paved Access: Yes — 11 t" Avenue 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: Page 2 of 3 C Applicant Name: Jose Rodriguez Project Name: 285 11Ih Street Annexation & Rezoning Case M AX-05-22-25 & RZ-22-05-38 fill. PRELIMINARY CONCURRENCY EVALUATION A. Transportation: B. Parks / Recreation: C. Water / Sewer: D. Stormwater: E. Solid Waste: F. Impact Fees: Page 3 of 3 ORDINANCE NO.2022- (Annexation Ordinance for 285 1 It' Avenue — Rodriguez/Torres Property) TAX PARCEL ID: 08-22-28-5960-21-140 CASE NO. AX-05-22-25: 285 1111 Avenue — Rodriguez/Torres Property Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.26 ACRES LOCATED IN THE NORTHWEST CORNER OF THE 1.1TH AVENUE AND PETERS AVENUE INTERSECTION, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATE OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 0.26 acres of property, as more particularly described in Exhibit "A" attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E), Article V, Land Development Code of the City of Ocoee (the "Code"); and WHEREAS, on September 13, 2022, the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, and the Ocoee City Code. Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. day of CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED AND READ FIRST TIME 12022 READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE 2022, UNDER AGENDA CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO. TO FORM AND LEGALITY THIS DAY OF 12022 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION NORTH OCOEE ADDITION NO 2 0/69 BEG SE COR OF LOT 14 BLK 21 TH S89-35-35W 77.78 FT TH N01-46-40W 145.58 FT TH S89-43-13E 76.78 FT TH S02-10-36E 145.44 FT TO POB EXHIBIT vvBvv LOCATION MAP t ve n (21 n -1-Tth A i e > _0 A 0 I -- 01 t nu co th Voa E, TF LL --1 1145 t h /W e n u el ORDINANCE NO.2022- (Rezoning Ordinance for 285 1111 Avenue — Rodriguez/Torres Property) TAX PARCEL ID: 08-22-28-5960-21-140 CASE NO. RZ-22-05-38: 285 1111 Avenue — Rodriguez/Torres Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 (RESIDENTIAL DISTRICT) TO CITY OF OCOEE R-I (SINGLE FAMILY DWELLING DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.26 ACRES LOCATED IN THE NORTHWEST CORNER OF THE 11TH AVENUE AND PETERS AVENUE INTERSECTION, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant') of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 0.26 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-2 to City of Ocoee R-1; and WHEREAS, pursuant to Section 5-9(B), Article V of the Land Development Code of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"), acting as the Local :Planning Agency; and WHEREAS, on September 13, 2022, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant and that the Ocoee City Commission find the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on October 4, 2022, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 0.26 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-2 to City of Ocoee :R-1. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit `B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance, and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 12022. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 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 12022. SHUFFIELD LOWMAN & WILSON, P.A. 0 City Attorney Rusty Johnson, Mayor ADVERTISED 12022 READ FIRST TIME 12022. READ SECOND TIME AND ADOPTED , 2022. UNDER AGENDA ITEM NO. EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 08-22-28-5960-21-140 NORTH OCOEE ADDITION NO 2 0/69 BEG SE COR OF LOT 14 BL.K 21 TH S89-35-35W 77.78 FT TH NO1-46-40W 145.58 FT TH S89-43-13E 76.78 FT TH S02-10-36E 145.44 FT TO POB EXHIBIT vvBvv LOCATION MAP t ve n (21 n -1-Tth A i e > _0 A 0 I -- 01 t nu co th Voa E, TF LL --1 1145 t h /W e n u el IN WEST ORANGE Serial Number 22-03327W Times West Orange Times Published Weekly Winter Gat -den , Orange County, Florida COUNTY OF ORANGE STATE OF FLORIDA Before the undersigned authority personally appeared Lindsey Padgett who on oath says that he/she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of Public Hearing in the matter of Public Hearing on September 13,2022 Rodrjga2L/Toires Property in the Court, was published in said newspaper by print in the issues of 9/1/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. 1 4 A Lindsey adgett Sworn to and subscribed, and personally appeared by physical presence before me, I st day of September, 2022 A.D. by Lindsey Padgett who is personally known to me. Notary Pub itc, -State eOfFlorida (SEAL) Po f Kimberly S. Martin `o' Comm.:HH 282034 7� /Z Epires: July 25,2026 OF 1,6,B,F j\\\N NotaryxPublic - State of Florida CITY OF OCOEE NOTICE OF PUBLIC HEARING ANNEXATION AND REZONING FOR THE RODRIGUEZ/TORRES PROPEWIY - 2s5 irrH AVENUE CASE NUMBER: AX-05-22-25 & R7-22-05-38 NOTICE IS HEREBY GIVEN, pursuant to Section 1-io(A)(I) ofthe City ofocoee Land Development Code, that on TUESDAY, SEPTEMBER 13,2022, at 6:30 p,m, or as soon thereafter as practical, the OCOEF PLANNING & ZONING COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Cliambers, I North Blaford Avenue, Ocoee, Florida, to consider the Annexation and Rezoning for the Rodriguez./Torres Property - 285 lith Avenue. The property is generalli, located on the nortinvest corner of the 11flo Avenue and Peters Avenue intersection. The property is &migneol parcel number 08-22-28-5960-21-140 and is approximately 0.26 acres in size. The requested zoning would change from or- ange, County R-22 (Residential District) to Cityofocoee R-I (Single Family Dwelling District). pursuant to Section 5-9B, oftbe Land Development Code, the Planning Director has determined that the requested annexation is NvAbla the Ocoee -orange County Joint Planning Area (.IPA) and is conviistent Nvith the Ocoee-Orango County JPX Land Use Map and the Owee Comprebensiov Plan, If the applicant's request for annexation is approved, the annexation will hicotporate the property into the City of0coee, Interested parties onay appear atthe politic hearing and be, heard Nvitb respect to the proposed action. The complete case file inaybe inspected at the Ocoee Develop - meat Services Department, I North Bluford Avenue, Ocoee, Florida, between the hours, of8:00 a.m. and,5zoo p.m., Mondaytbrough Friday, exceptlegal holidays. The planning and Zoning Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised that the dates, times, and places of any condonation of these or continued public hearings shall be announced during the hearings and that no fortlicr notices regarding these matters will be pi4ilished. Yon are advised that any person who desires to appeal any derv- Sion made during the public hearings will need a record ofthe proceedings and, for this purpose, may need to ensure that a verbatim sword ofthe proceedings is made, which includes the testimony and evidence upon whieb the appeal is based. Persons xvith disabilities needing isssistance to participate in any ofthe proceedings should contact the City Clcrlols Office 48 hours in advance ofthe meeting at (407) qw-mo5, S I eptember 1, 20,22 22-03327'Vkr NEW BUSINESS (PUBLIC HEARING) 175 S. CLARKE ROAD PERSAUD/RAMA COMMUNICATION INC. 1. ANNEXATION (AX-07 2. REZONING (RZ-22-07 _< vor lristy Johnson `i t Y A 111111119er obert Fran.1c DATE: TO: FROM STAFF REPORT September 13, 2022 ornmission 'rs tarry Brinson, Sr., Ilistriet l Rosemary Wilsen, 1.Dirt,ric,t Ricbard d F'irstner, District; 3 George Oliver 111, District 4 Planning & Zoning Commission (Local Planning Agency) Anoch Whitfield, Zoning Manager SUBJECT: 175 S. Clarke Road — RAMA Communications LLC Property Annexation & Rezoning Project No(s): AX-07-22-26 & RZ-22-07-40 Commissioner District # 2 — Rosemary Wilsen ISSUE: Should the Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), recommend approval for the Annexation and Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee R-1A (Single -Family Dwelling) of the RAMA Communications Property located at 175 S. Clarke Road? BACKGROUND: General Location: The property is located on the east side of S. Clarke Road, approximately 1,775 feet north of White Road. Parcel Identification Number(s): 16-22-28-0000-00-027 Property Size: Approximately 0.4 acres Actual land use, proposed land use, and unique features of the subject property: The subject property has an existing single-family residence. The applicant is annexing into the City limits as a condition for receiving City potable water connection and service. The future land use designations of the subject property are as follows: CURRENT FLU PROPOSED ZONING Jurisdiction/Future Land County / Low -Density Residential City / Low Density Residential Use -Joint Planning Area (Four dwelling units/acre) (Less than four units per acre) Land Use Classification The current future land use designations and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North City / Low Density Residential City R-1A East City / Low Density Residential City R-1A South City / Low Density Residential City R-1A West County / Low Density Residential County A-1 CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Section 171.044, Florida Statutes (F.S.), grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long FE Z Meeting Date. September 12, 2022 Project; RAMA Communications Property --175 s. Clarke Road Annexation & Rezoning Project IIN urnber(s)o Ax-07-22-2 RZ-22-07-40 as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it will be bordered on the north, east and south sides by the City's jurisdictional limits. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Rezoning: The parcel will receive an R-1A (Single -Family Dwelling) zoning classification upon annexation consistent with the surrounding R-1A zoning. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits when services can be properly provided and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 which states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report (See attached): The property is located within the Ocoee -Orange County JPA area and is bordered by the City of Ocoee to the north, east and south. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property can be served by City water service. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The Development Review Committee (DRC) met on Tuesday, September 6, 2022, to consider the annexation and rezoning. Upon a finding of consistency with the City's regulations and policies, the DRC recommended approval of the proposed Annexation and Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee R-1A (Single -Family Dwelling District) of the RAMA Communications property located at 175 S. Clarke Road. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee R-1A (Single -Family Dwelling District) of the RAMA Communications property located at 175 S. Clarke Road. Attachments: Location Map Aerial Map Zoning Map Future Land Use Map Annexation Feasibility Analysis Annexation Ordinance Rezoning Ordinance 175 S. Clarke Road Location Map Aubrey C ark D II've O 0 a� 10 ILL ILA- L U -t White o d 175 S. Clarke Road - Annexation & Rezoning Surrounding Zoning Map Ocoee 11.110. Development Services Department 0 100 200 400 Feet Created: August 2022 QSubject 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) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing .49 & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) %// Unclassified 175 S. Clarke Road - Annexation & Rezoning Surrounding Future Land Use Map Development Services Department 0 100 200 400 Feet Created: August 2022 QSubject Property Future Land Use Classification: Low Density Residential (LDR) Medium Density Residential (MDR) High Density Residential (HDR) Professional Offices and Services (PS Commercial (COMM) Light Industrial (LI) Heavy Industrial (HI) Conservation/Flood plains (CONS) Recreation and Open Space (REC) Public Facilities/Institutional (INST) CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-07-22-26 & RZ-22-07-40 APPLICANT NAME: SHANTI PERSUAD PROJECT NAME: 175 S. CLARKE ROAD ANNEXATION/REZONING This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department's findings are summarized below. a C Property Location [:1.G:e:neral Location: The property is generally located on the east side of South Clarke Road approximately 1,775 feet north of White Road 2. Parcel Identification Number: 16-22-28-0000-00-027 3. Street Addresses: 175 South Clarke Road 4. Size of Parcels: .4 acres Use Characteristics 1. Existing Use: Single-family dwelling 2. Proposed use: Single-family dwelling 3. Density / Intensity: 4. Projected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: County Low Density Residential 2. Orange County Zoning: A-1 3. Existing Ocoee Future Land Use: Low Density Residential per JPA FLUM 4. Proposed Ocoee Zoning: R-1A E. Consistenc 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes IEN 13 FIRE DEPARTMENT 1. Estimated Response Time: 2. Distance to Property: 3. Fire Flow Requirements: DOLICE DEPARTMENT 1. Police Patrol Zone / Grid / Area: 2. Estimated Response Time: 3. Distance to Property: 3. Average Travel Time Page 1 of 3 IV. Applicant Name: Shanti Persuad Project Name: 175 S. Clarke Road Annexation & Rezoning Case #: AX-07-22-26 & RZ-22-07-40 ECONOMIC VALUE Anoch Whitfield,Zoning Manager 1. Property Appraiser Market Value: $179,726 2. Property Appraiser Taxable Value $179,726 3. Estimated City Ad Valorem Taxes: TBD 4. Anticipated Licenses & Permits: TBD 5. Potential Impact Fees: TBD 6. Total Project Revenues: TBD 1. Within the 100-year Flood Plain: I No VI. UTILITIES Jennifer Bolling, Deputy Director A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of Nearest Water Main: 0 B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation Agreement Needed: Other 1. Utility Easement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: VI1. TRANSPORTATION Anoch Whitfield, Zoning Manager 1. Paved Access: Yes — S. Clarke Road 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: Page 2 of 3 C Applicant Name: Shanti Persuad Project Name: 175 S. Clarke Road Annexation & Rezoning Case M AX-07-22-26 & RZ-22-07-40 fill. PRELIMINARY CONCURRENCY EVALUATION A. Transportation: B. Parks / Recreation: C. Water / Sewer: D. Stormwater: E. Solid Waste: F. Impact Fees: Page 3 of 3 ORDINANCE NO.2022- (Annexation Ordinance for 175 S. Clark Road — RAMA Communications Property) TAX PARCEL ID: 16-22-28-0000-00-027 CASE NO. AX-07-22-26: 175 S. Clarke Road — RAMA Communications Property Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.40 ACRES LOCATED ON THE EAST SIDE OF SOUTH CLARKE ROAD, APPROXIMATELY 1,775 FEET NORTH OF WHITE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATE OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 0.4 acres of property, as more particularly described in Exhibit "A" attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E), Article V, Land Development Code of the City of Ocoee (the "Code"); and WHEREAS, on September 13, 2022, the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, and the Ocoee City Code. Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. day of CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED AND READ FIRST TIME 12022 READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE 2022, UNDER AGENDA CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO. TO FORM AND LEGALITY THIS DAY OF 12022 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION BEG 453.50 FT N OF SW COR OF SE1/4 RUN N 166 FT E 155 FT S 166 FT W 155 FT TO POB (LESS W 50 FT THEREOF FOR R/W) IN SEC 16-22-28 EXHIBIT "B" LOCATION MAP Aubrey C ark D II've cn 0 a� / c: EFL U UY -t White o d ORDINANCE NO.2022- (Rezoning Ordinance for 1.75 S. Clarke Road — RAMA Communications Property) TAX PARCEL ID: 16-22-28-0000-00-027 CASE NO. RZ-22-07-40: 175 S. Clarke Road — RAMA Communications Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 (CITRUS RURAL DISTRICT) TO CITY OF OCOEE R-1 A (SINGLE FAMILY DWELLING DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.4 ACRES LOCATED ON THE EAST SIDE OF SOUTH CLARKE ROAD, APPROXIMATELY 1,775 FEET NORTH OF WHITE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 0.4 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 to City of Ocoee :R-IA; and WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"), acting as the Local :Planning Agency; and WHEREAS, on September 13, 2022, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant and that the Ocoee City Commission find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive :Plan; and WHEREAS, on October 4, 2022, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Properties described in Exhibit "A" containing approximately 0.4 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to City of Ocoee R-IA. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance, and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 12022. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 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 12022. SHUFFIELD LOWMAN & WILSON, P.A. 0 City Attorney Rusty Johnson, Mayor ADVERTISED 12022 READ FIRST TIME 12022. READ SECOND TIME AND ADOPTED , 2022. UNDER AGENDA ITEM NO. EXHIBIT "A" LEGAL DESCRIPTION PARCEL ID NO.: 16-22-28-0000-00-027 BEG 453.50 FT N OF SW COR OF SE1/4 RUN N 166 FT E 155 FT S 166 FT W 155 FT TO POB (LESS W 50 FT THEREOF FOR R/W) IN SEC 16-22-28 EXHIBIT "B" LOCATION MAP Aubrey C ark D II've cn 0 a� / c: EFL U UY -t White o d M WEST ORANGE Serial Number 22-03328W Times West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE STATE OF FLORIDA Before the undersigned authority personally appeared Lindsey Padgett who _-CITYOFOCOEE - on oath says that he/she is Publisher's Representative of the West Orange Times a NOTICE OF PUBLIC 11r.11RING ANNEXATION: ND REZONING FOR THE weekly newspaper published at Winter Garden , Orange County, Florida; that the "Nbk COMMUNICATIONS PROPEIVIX - 175 & CLARKE 111), attached copy of advertisement, CASE NTUMBERt AX-07-22-26 & W,22-07-40 being a Notice of Public Hearin in the matter of Public Hearing on September 13,2022 RAMA Communications in the Court, was published in said newspaper by print in the issues of 9/l/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. Lindsey Padget# I Sworn to and subscribed, and personally appeared by physical presence before me, 1st day of September, 2022 A.D. by Lindsey Padgett whoispersonally known to me Notary Public, State of Florida Kimberly S. Martin (SEAL) �,\Ni,�y P& Comm.:HH 282034 .:x g Expires: July 25,2026 Ffv Notary Public - State of Florida NOTICE IS HEREBY GIVEN, pursuant to Section I-10(A)(1) of the City of Ocoee Land Development Code, that oil TUESDAY, SEPTEMBER 13, 2022, at 6:30 p,m, or as soon thereafter as practical, the OCOEE PLANNING & ZONING COMMISSION will hold a PUBLIC HEARING at the City ofOcoee Commission Chambers, I North Bluford Avenue, Ocoee, Florida, to consider the Annexation and Rezoning for the Rama Communications Property - 175 , South Clarke Road. The property is generally located oil the east side of South Clarke Road, opproximatell, 1,775 feet north of White Road. The property is assigned parcel number Iti-22-,118- 0000-00-027 and is approximately 0,40 acres in size. The requested zoning would change from Orange CountyA-1 (Citrus Rund District) to City ofOcoee R-IA(Single Family Dwelling District). Pursuant to Sectioji,5-9B, of the Land Development Code, the Planning Director has determined that the requested annexation tq w4thin the Ocoee-Orango Count), Joint Planing Area (HA) and is consistent with the Ocoee -orange County JPA Land Use Map and the Owee Comprehensive Plan. If the applicant's request for annexation is approved, the annexation will incorporate the property into tile City of Ocoee. Interested parties may appear at the public hearing find be heard with respect to the proposed action. The complete ewe file maybe inspoctedat the Ocoee Develop- ment SerAces Department, I North Blulord Avenue, Ocoee, Florida, between tile hours of8:00 amrand .5:00 p.m., Monday through Friday, except legal holidays.The, Planning and Zoning Commission may continue the public hearing to other dates and times, as i1deems necessary. Any interested party shall be advised that the dates, times, and places of any continuation ofthese or continued public hearings shall be announced during the hearings mid that no further notices regardingtbese unitters will be published. You are adbised that any person who desires to appeal any deci- sion made during the public licarhip 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 the testimony and evidence upon which the appeal is based, Persons with disabilities needing assistance to participate, in any, of the proceedings should contact the Cit:yClerles Office 413 hours in advance of the meeting at(,t07) 905-3105. sep(embor 1, 2022 22-033281V ITEM NUMBER IV. C. NEW BUSINESS (PUBLIC HEARING) FAMILY DOLLAR/DOLLAR TREE VARIANCE - CONTINUED FROM THE AUGUST 30,2022, PLANNING & 1. VARIANCE REQUEST (VR-22-0 _< vor Rusty Johnson (-,it Manager Robert-, Frank ATI TO: FROM: STAFF REPORT September 13, 2022 rrimissioner s Larry Brinson SSn, District, 1.. Rosemary Wilson, District ? George Oliver 111, District 4 Planning & Zoning Commission (Local Planning Agency) Anoch P. Whitfield, Zoning Manager SUBJECT: Family Dollar — Dollar Tree Signs — 1531 East Silver Star Road Variance Request Project # VR-22-07 Commission District # 2 — Rosemary Wilsen ISSUE: Should the Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), recommend approval of a variance request to Section 6-14C(5)(d), Article VI, to allow an additional 80.08 square feet of sign area (108% sign size increase) to the maximum 75 SF permitted in order to install two (2) signs totaling 155.8 SF (specifically 72.3 SF for the Family Dollar sign and 83.5 SF for the Dollar Tree sign) on the property located at 1531 East Silver Star Road? STAFF ANALYSIS: The subject property is located at 1531 East Silver Star Road and is zoned C-2 (Community Commercial District). Per Section 6-14C(5)(d) of Article VI, maximum building (wall) sign sizes are based on the square footage of the building. The square footage of the proposed Family Dollar/Dollar Tree retail establishment is approximately 20,800 SF. Per Section 6-14C(5)(d), the maximum sign area allowed is 75 SF with a sign height of 3.5 feet. The applicant is proposing two (2) signs, totaling 155.8 SF, to be affixed to and serve the same single retail establishment, as follows: • Family Dollar sign — 72.3 SF Dollar Tree sign — 83.5 SF Both signs meet the maximum sign height of 3 feet; however, combined, they exceed the maximum size area by 80.08 SF, representing a size area increase of 108%. Therefore, the applicant is seeking a variance to increase the sign area. 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; P&Z Meeting Date: September 13, 2022 Subject. Famfly t oHar — DoHar Tree Signs _.. 1531 East SHver Star Road -- Vafiance Request t Project Nurn e^r. VR-22-07 (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. Applicant Response: The applicant cited the American Association of State Highway Transportation Officials (AASHTO) for their justification, stating that AASHTO is the "leading authority on most things related to roadways". Specifically, based on Chapter 3 — Elements of Design in the AASHTO manual (the "Green Book"), the applicant asserts that State Road 438 is an "urban road" and falls into Avoidance Maneuver E, which requires a "minimum of 930 feet" distance to allow the traveling motorists "time to see the signage, comprehend it, decide how to react to it, confirm their surroundings, and make the necessary adjustments (lane change, slowing down, etc.) to exit the roadway safely". The applicant further asserts that there are numerous trees along the SR 438 right- of-way adjacent to this site which almost entirely blocks the signage from view by the traveling motorists. The applicant states that "the use of adequately sized signage will help attract the attention of the motorists, which would in turn help to ensure the motorists would be able to comprehend the signage almost immediately upon seeing it and that the larger signage would significantly increase the safety of the motorists. Staff Analysis: Staff finds that 1) no special conditions and circumstances exist peculiar to this site, 2) the literal interpretation of the Code would not deprive the applicant of rights commonly enjoyed by other properties with similar conditions, and 3) the granting of the variance would confer special privileges that are denied by these regulations to other projects and structures on the site. Staff further finds that the circumstances of this variance are related to the applicant's desire for larger signage. The staff's findings are based on the following analysis: 1) In reviewing the "Decision Sight Distance" provisions in Section 3.1.3 of Chapter 3 of the AASHTO Green Book, Section 3.1, focuses on sight distance and the ability to see ahead. Section 3.1 includes "Stopping Sight Distance" (Section 3.1.2), "Decision Sight Distance" (Section 3.1.3), "Sight Distance on Horizontal Curves" (Section 3.1.4), "Sight Distance on Horizontal" (Section 3.1.5) and "Passing Sight Distance" (Section 3.1.6). All of these provisions are relative to the motorists' sight distance needs and ability to see ahead as they are traveling on a roadway. The Green Book specifically calls out the use of Decision Sight Distance (which provides greater distances than Stopping Sight Distance) at complex locations when drivers are "required to make complex or instantaneous decisions, when information is difficult to perceive, or when unexpected or unusual maneuvers are required". All of the Sections in Chapter 3 speak to required distances for needed maneuverability of motorists while they are on the road. The applicant asserts that per the Green Book, a Decision Sight Distance of 930 feet is required. Based on this metric, the 930 feet distance would place the driver approximately 295 feet west of Olympus Drive, well in advance of the shopping plaza driveway entrance and traffic signal at the road intersection, allowing the driver adequate time to adjust speeds and change lanes in anticipation of reacting to the shopping plaza directory sign and the traffic signal at Clarke Road. Thus, staff finds that the provisions of Section 3.1.3 in Chapter 3 of the Green Book do not apply to or provide adequate justification to support a 108% increase in size for on -site signage for a development. 2) Based on the proposed location of the signs relative to the entrance driveway (see graphics below), the proposed signs are immediately in front of and face the entrance driveway. P&Z Meeting Date: September 13, 2022 Subject: Family Dollar - Dollar Tree Signs - 1531 East Silver Star Road - Variance Request Project Number: VR-22-07 ;nal id L 1 3) Staff reviewed several other sign permits at this shopping plaza for smaller suites, including tenants with suites facing northwards towards SR 438, and those signs comply with the maximum sign size permitted under Section 6-14C(5)(d), LDC. Staff further notes that this applicant has applied for and been issued a wall sign permit for the Family Dollar sign at 31.3 SF and the Dollar Tree sign at 27.8 SF, totaling 59.1 SF. P&Z Meeting Date: September 13, 2022 Subject. Famfly t oHar — DoHar Tree Signs _.. 1531 East SHver Star Road -- Vafiance Request t Project Nurn e^r. VR-22-07 STAFF RECOMMENDATION: Based on the findings stated above and the requirements of Article IV, Section 4-9A, staff finds that the variance is not needed or justified. Staff recommends that the Planning and Zoning Commission recommend denial of the requested variance to Section 6-14C(5)(d), Article VI, and not allow the additional 80.08 square feet of sign area (108% sign size increase) for the Family Dollar and Dollar Tree signs on the property located at 1531 East Silver Star Road. Adversely, the applicant could revise the previously issued sign permits to increase the sign sizes up to the maximum of 75 SF, instead of 59 SF requested in the permits. Attachments: Location Map Aerial Map Zoning Map Section 3.1.3 of Chapter 3 of AASHTO Green Book Proposed Signage Plans Family Dollar/Dollar Tree Variance Location Map r t ���� 11/0 z � 4-1 Cli O r :I) L A brey C ar D e c � O 0 0 Q cA C t Pri e U cc O C W 'eEL a r �CFT a� in rt Family Dollar / Dollar Tree Variance Surrounding Zoning Map Development S ervi ces De pa rbment 0 80 160 320 Feet Created: August 2 022 QSubject 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) = 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) �/j Unclassified 2018 Elements of Design 3.1.2.1 Effect of Grade on Stopping Sight Distance The safe stopping distances on upgrades are shorter; those on downgrades are longer. Design speed is used in calculating downgrade corrections; average running speed in calculating upgrade corrections. The different criteria for descending and ascending grades are based on the effect grades have on the speed of individual vehicles, particularly trucks; the effect these vehicles have on the overall speed of the traffic stream; and the premise that many drivers, particularly those in automobiles, do not compensate completely for the changes in speed caused by grades. On nearly all roads and streets, the grade is traversed by traffic in both directions, but the sight distance at any point on the highway generally is different in each direction, particularly on straight roads in rolling terrain. As a general rule, the sight distance available on downgrades is larger than on upgrades, more or less automatically providing the necessary corrections for grade. Exceptions are one-way roads or streets, as on divided highways with independent design profiles for the two roadways, for which the separate grade corrections are in order and the refinement in design is in keeping with the overall standards used. For those areas where there is a high volume of trucks, review "Variations for Trucks" in Chapter 3 of the PGDHS (1), see Table 3-2 for grade adjustments. 3.1.3 Decision Sight Distance Table 3-3 of the PGDHS (1) provides values for appropriate decision sight distances at critical locations and for criteria in evaluating the suitability of the sight lengths at these locations. Stopping sight distance may not be adequate when drivers are required to make complex or instantaneous decisions, when information is difficult to perceive, or when unexpected or unusual maneuvers are required. In these instances, stopping sight distances may not provide sufficient visibility distance for drivers to corroborate advance warnings and to perform the necessary maneuvers. Decision sight distance provides the greater length that drivers need. Decision sight distance is the distance required for a driver to: • Detect an unexpected or otherwise difficult to perceive information source or hazard in a roadway environment that may be visually cluttered. • Recognize the hazard or its threat potential. • Select an appropriate speed and path. • Initiate and complete the required safety maneuver safely and efficiently. Drivers need decision sight distances whenever there is a likelihood for error in either information reception, decision making, or control actions. The following are examples of critical locations where these kinds of errors are likely to occur and where it is desirable to provide decision sight distance: Interchange and intersection locations where unusual or unexpected maneuvers are required. Changes in cross section such as toll plazas and lane drops. Areas of concentrated demand where there is apt to be 'visual noise" whenever sources of information compete, as those from roadway elements, traffic, traffic control devices, and advertising signs. 3-3 DOLLAR TREE SIGN A 36" Family Dollar [Linear] (Footprint) Individual Channel Letters Internally Illuminated LED 70.32 Footprint Top of Sign to Grade = 16'-4" Bottom of Sign to Grade = 13'-4" III,"",­111,11- -111-11-11--l--"""'ll""I'l-111,111,11-1--l'Il— M SIGN B 33 1/2" Dollar Tree [Linear] (Footprint) Individual Channel Letters Internally Illuminated LED 77.70 Footprint Top of Sign to Grade = 16-2 3/4" Bottom of Sign to Grade = 13'-5 1/4 fm " Qualifier -David W. Jackson - ES-0000291 I . 8 0 0 , 2 1 3 , 3 3 3 1 02ME =4 I SIGN A 36" Family Dollar [Linear] (Footprint) Individual Channel Letters Internally Illuminated LED 70.32 Footprint Top of Sign to Grade = 16'-4" Bottom of Sign to Grade 3'-4" fm = 1 7 M P I Scale: 1 = 1,_ Qualifier -David W. Jackson - ES-0000291 1. 8 0 0. 2 1 3 , 3 3 3 1 130'-2" Lease Dimension 63'-4" 7 3/8" [EQ] — 29'-10 3/4" 7 3/8" [EQ] / 1 48 5/8"_ 24'-1 1/4" 1 48 5/8" /� [EQ] / , � [EQ] Existing Allowable Square Footage this Elevation: Actual Square Footage this Elevation: I SIGN A 36" Family Dollar [Linear] (Footprint) Individual Channel Letters Internally Illuminated LED 70.32 Footprint Bottom of Sign to Grade 3'-4" fm = 1 7 P-LED White LEDs Total Amps: 1. 1 (1) 20 amp 120V Circuit Req. LISTED This sign is tob*installed in accordance with the requirements ofNEC-2U17Article 000 &FBC'2O2U.7thEdition nfthe National Electrical Code 1)Grounded and bonded per NEC 000.7/NEC250 2)Existing branch circuit incompliance with NEC 00U.5.not 10exceed 2Uamps 3)Sign io»ubeULlisted per NEC 00O.3 4)ULdisconnect switch per NEC'2O1rArticle 6OO.O(A)(1 required per sign component before leaving manufacturer* *For multiple signs, adisconnect iopermitted but not required for each section Qualifier -David YKJackson 'ES-00O82S1 24� �� 1 co co F A---- -I--- 1.Existing Facade: BFSIGypsum Board IMetal Studs 2.O.04OAluminum letter returns (pre -finished bronze 8. 1^Jewe|ite trimcap (pre -finished bronze) bonded to face and #8 pan head screws to returns 4.3mmSignebundLite composite backs fastened horeturns wV1/2" 18gauge staples. Seal w/ VOC compliant 360 white latex caulk to prevent moisture penetration. (interior ufsign can painted white for maximum illumination) 5.White LEDs 0.3/10^Clear |uxanfaces wYsecond surface vinyl 0 3K83638'73Dark Red �:1,3K83830-44Orange [|3O85'7Odiffuser 7. Stand alone lockable disconnect switch ULOutdoor rated toggle type w/ neoprene boot per NEC'2O17Article O0O.8(A)(1) 8. Primary electrical feed in UIL conduit / customer supplied UL junction box 9. Transformers within ULenclosure (removable lid). 1/4''x 1" min oomwu 1O.Mounting hardware: #12Sheet Metal Screws 0 Front -Lit (Remote) Scale: N.T.S. I SIGN B 33 1/2" Dollar Tree [Linear] (Footprint) Individual Channel Letters Internally Illuminated LED 77.70 Footprint Bottom of Sign to Grade = 13'-5 1/4" FEZ P-LED Green LEDs Total Amps: 1. 1 (1) 20 amp 120V Circuit Req. LISTED This sign is»oboinstalled inaccordance with the requirementsufNEC-2U17Article080.0(A)(2) &FBC-2O2O.7tbEdition ofthe National Electrical Code. 1)Grounded and bonded per NEC m0.7/NEC250 2)Existing branch circuit incompliance with NEC 0U0.5.not uoexceed 2Oamps 3)Sign istoboULlisted per NEC 0O0.3 4)VLdisconnect switch per NEC-2O17Article 0UO.0(\)(1 required per sign component before leaving manufacturer* *For multiple signs, adisconnect ispermitted but not required for each section Qualifier -David YKJackson 'ES-080O2g1 17'-21/4" 1.Existing Facade: BFSIGypsum Board IMetal Studs 2.O.U40Aluminum letter returns painted tomatch Bronze 3. 1^JaweUehimoop (Bronze) bonded to face and #M pan head screws to returns 4.3mmGignabondLite composite backs fastened toreturns wY7/2^18gauge staples. Sea[ wYVOCcompliant 3O0white latex caulk \oprevent moisture penetration. (interior ofsign can painted white for maximum illumination) 5.Green LEDs 0.O.15^Clear |exanfaces wYsecond surface vinyl 103K0303U-15OVivid Green (Trans|ucen1) 1 J3835-70diffuaer 7. Stand alone lockable disconnect switch ULOutdoor rated toggle type wY neoprene boot per NEC-2O17Article OOO.0(A)(1) O. Primary electrical feed inULconduit / customer supplied ULjunction box 8. Transformers within ULmndosum (removable lid), 1/4^x 1^ min screws 10. Mounting hardware: #12Sheet Metal Screws H Section @ LED Channel Letter Front -Lit (Remote) Scale: N.T.S. N WEST ORANGE Serial Number 22-03140W Times West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Lindsey Padgett who on oath says that he/she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of Public Hearin in the matter of Public Hearin; on August 30,2022 Family Dollar/Dollar Tree Variance in the Court, was published in said newspaper by print in the issues of 8/18/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. Lindsey Padgej Y Sworn to and subscribed, and personally appeared by physical presence before me, 18th day of August, 2022 A.D. by Lindsey Padgett w s ersonally known to me. Notary Public, State of Florida (SEAL) ti�"�\i��y PO Kimberly S. Martin C - ) Comm.:HH 282034 Expires: July 25, 2026 V//Notary Public - State of Florida ;, OF #1111B CITY OF OCOEE NOTICE OF PUBLIC HEARING FAAIILYDOLIAR/DOLLAR TREE VARIANCE VARIANCE REQUEST CASENUMBER VR-22-07 NOTICE IS HEREBY GIVEN, that the OCOEE PLANNING & ZONING COAt- MISSION will hold a PUBLIC HEARING on TURSDAY, AUGMST 30, 2022, at 6M RINI. or as soon thereafter as possible, at the Ocoee City Commission Cbani- bers, I North ffluford Avenue, Owee, Florida, in order to emisider the petition of Megan Jackson, on behalf of Fancily Dollar/Dollar Tree Stores, fora sign variance according to the provisions of Article IV, Subsection 4-9 of the City of0coee Land DevelopnientCode. Action Rcipiesw& The parcel is located at 1531 E. Silver Star Road. The Or- ,urge County Property Appraiser Parcel Identification Number (PIN) is 16-22-28- 4763-oo-oio. The applicant is requesting a variance to.Section 6-14C(5)(d), Article V1, ],and Development Code, to allow an additional 80.08 square feet of sign area (108'A sign site increase) to the 111axitamn 75 SF permitted in, order to install two (2) signs totaling 155,8 SE, Interested parties way appear at the public, hearingand be board with respect to the proposed action. The complete case file inay be, inspeaed at the Ocoee Develop- ment services Department, I North Bluford Avenue, Ocoee, Florida, between the hours, of8:00 a.m. andstoo p.m,, Alonday through Friday, exceptlegal holidays. The Planning and Zoning Commission may continue the public hearing to other dates andtim" Ith e ate$ _as it deems necessaty. Any interested party shall beadvise( atth d , times, and place-% of any combination of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. You are advised that any personwho desires to appeal any decl- slon made during the public bearings will need a record of the proceedings and, for this, purpose, may need to ensure tbataverbatim iveord of the proceedings is made, which includesrho testi]in ony and etidence upon which the appeml is bayed. persons with disabilities needing assistance to participate In any of the proceedings should contact the City Clerkls O1Ice4s hours iiia(lvanmoftote meeting at(,t07)9m)-3105, August 18, 2022 22-03140W ITEM NUMBER IV. D. NEW BUSINESS (PUBLIC HEARING) 429 BUSINESS CENTER PHASE II EAST 1. LARGE SCALE PRELIMINARY SITE PLAN (LS-2022-008) _,ivo ° liist,y Jol nsori Q1 ua_nr a cap Robert Frank DATE: September 13, 2022 STAFF REPORT t ornrnissioners 1,ar:ry Br°irison ST.., Distr°ic°t, 1 Rosemary Wilseri, District 2 ich a.rd. .i'irstiie , District a George Oliver l l , District 4 TO: Planning & Zoning Commission (Local Planning Agency) FROM: Anoch Whitfield, Zoning Manager SUBJECT: 429 Business Center Phase II East Preliminary Site Plan Project No: LS-2022-008 Commissioner District # 3 — Richard Firstner ISSUE: Should the Planning & Zoning Commission recommend approval for the Preliminary Site Plan for the 429 Business Center Phase II East development located at 450 Ocoee Apopka Road, assigned parcel number 18-22-28-0000-00-006? BACKGROUND: The subject property is zoned 1-1 (Light Industrial). It is located on the west side of Ocoee Apopka Road, approximately 1,275 feet north of the intersection of Palm Drive and Ocoee Apopka Road. The property address is 450 Ocoee Apopka Road and consists of approximately 11.23 acres of undeveloped land. The table below references the future land uses, zoning classifications, and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Light Industrial 1-1 Vacant South Commercial R-1A and Count A-2 Stormwater pond & SFR East Commercial & Low Density Residential C-1 & R-1AAA and County A-1 Vacant and Office West Light Industrial 1-1 and County R-1A Vacant DISCUSSION: The subject property is located within the SR 429 Overlay District Business Center Character Area and the Wekiva Study Area. The 429 Business Center Phase II East development is a light industrial and flex warehouse development, totaling 126,402 SF of leaseable space contained in two (2) 45,000 SF buildings in the rear and one (1) 36,402 SF building along Ocoee Apopka Road. The 429 Business Center Phase II East development is part of a larger development, which includes 429 Business Center Phase II West, located on the west side of the canal, and the All Stars Headquarters project, located north of the proposed 50-foot right-of- way and west of Ocoee Apopka Road. The site proposes two (2) access points off of Ocoee Apopka Road. One of the access points is via a new east -west road along the north side of the subject property. This new roadway IP&Z Meeflngl aatw September 13, 2022 Project: 429 Business Center Phase H East includes a 50-foot right-of-way, designed to City standards, and will be dedicated to the City. It is consistent with the transportation vision for the Business Character District and will also provide transportation access to the adjacent 429 Business Center Phase II West. The site plan will need to be revised to indicate on -site utilities and show how this project will be connected to off -site utilities. Irrigation shall comply with the requirements of Chapter 175, Code of Ordinances, and no trees or large shrubs shall be planted on or in close proximity to public utilities that will impact utilities. Stormwater will be provided on -site at the rear of the property adjacent to the canal. The site plan needs to be revised to show darker drainage easement lines along the canal and to show the 100-year flood elevation line. In terms of traffic, as part of the Business Character Area Overlay, the City has negotiated with Orange County in the most recent 2019 Joint Planning Area Agreement to cooperate in efforts to facilitate improvements of Ocoee Apopka Road to a Complete Streets Road Design and widening. The Complete Streets design calls for improvements such as a 12-foot-wide trail on one (1) side of the road with broad sidewalks of 8+ feet on the other. Widening to Four lanes would not be considered. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On September 6, 2022, the DRC met to determine if the proposed Preliminary Site Plan for the 429 Business Center Phase II East was consistent with the City's regulations and intent for the character area. The Development Review Committee voted to recommend approval of the project subject to the following conditions: ■ Conditioned upon Final Site Plan review, resolution of outstanding comments, including adjustments to the southernmost driveway as needed so that the driveway apron does not extend beyond the property boundary and impact the residential driveway to the south, ■ The applicant will continue to work with the Utilities Department for the provision of the needed utilities, and ■ Execution of a Development Agreement relative to the dedication of 24.5-foot right-of- way along Ocoee Apopka Road and the proposed 50-foot ROW for the new east -west road along the north side of the subject property. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Commission recommend approval of the Preliminary Site Plan for the 429 Business Center Phase II East Development. Attachments: Location Map Aerial Zoning Map Preliminary Site Plan for 429 Business Center Phase II East Landscape Plan Renderings 429 Business Center Phase II East & West Cn 0 Location Map West ■ East 429 Business Center Phase II West Development Services Department 0 90 180 360 Feet Created: September 2022 IQSubjectProperty 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) ' `,.Mobile Home S ubdivision (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) //j Unclassified Surrounding Zoning Map A-2 1-1 R-1 A -3 C-1 C-1 1-1 A-2 > C42 ' �� PUD-COMM4-+� x x x x x x x x x x x _-_- __ xxxxxxxxxxxxxxxxxxx _ xxxxxxxxxxxXxxx�xxxXxxxx -xxxxx 'x x x,x x x x x x x x x.. x x x x x x x x x x x x x = x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x y x x x x x x x x x X x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x' x x x x x x x x x x x r' x x xLTTT�N x x x' x x x x x x x x x x x x x x x x x i x x .x x x x x x x x x "x x x x x x x x x x x x x x x x x x x x x x x x x x r�x GxOIdCRTEx V4�AL�kC, xTY', x x x x x x x x x xx x x x x x x x x x x x x x x x x x :x x x x x — 4 .... x x x x 'x x x x x x x x x x x x x x x x x x x x x; x x' x x x x x x x x x x -- — —� .. -- RIGHT-OF-WAY LINE -- = 15' BUILDING SETBACK —� `' 10' LANDSCAPE BUFFER -- — T — r PROPOSED �- — — ,I jr ZONING: COUNTY/A-1 GRAPHIC SCALE 40 0 20 40 as ( IN FEET ) HEAVY—DUTY ASPHALT PAVEMENT LIGHT —DUTY ASPHALT PAVEMENT CONCRETE WALK CONCRETE PAVEMENT CONCRETE HARDSCAPE APPLICANT CONTACT INFORMATION J. WILSON MCDOWELL 250 S. ORANGE AVENUE, SUITE 700P ORLANDO, FL 32801 PHONE: 407-930-1801 EMAIL: WILSON. MCDOWELLOAM.J LL.COM PROPERTY INFORMATION ADDRESS: 450 OCOEE APOPKA ROAD, OCOEE, FL 34761 PARCEL ID: 18-22-28-0000-00-006 EXISTING SITE AREA: 488,380 SF / 11.21 AC PROPOSED SITE AREA: 437,417 SF / 10.04 AC ZONING SUBJECT SITE: 1-1 NORTH: 1-1 SOUTH: R-1A, COUNTY R—lA, COUNTY A-2 EAST: C-1, R-1 AAA. COUNTY A-1 WEST: R-1A ZONING: C-1 LOCATION MAP NOT TO SCALE BUILDING SETBACKS REQUIRED: PROVIDED: EAST (FRONT): 50' ill' NORTH (STREET SIDE): 15' 15' SOUTH (SIDE): 20' 43' WEST: (REAR) 10' 226' BUILDING INFORMATION MAXIMUM PERMITTED BUILDING COVERAGE: 30% PROPOSED BUILDING COVERAGE: 126,402 / 488,380 = 26%* MAXIMUM PERMITTED BUILDING HEIGHT: COMMERCIAL: FIVE —STORY INDUSTRIAL: TWO—STORY PROPOSED BUILDING HEIGHT: BUILDING 300: ONE—STORY BUILDING 400: ONE—STORY BUILDING 500: ONE—STORY *PROPOSED BUILDING COVERAGE IS BASED ON THE SITE AREA PRIOR TO RIGHT—OF—WAY DEDICATIONS PARKING COUNT: PROPOSED STANDARD SPACES: 232 PROPOSED ACCESSIBLE SPACES: 9 TOTAL PROPOSED SPACES: 241 AREAS MAXIMUM PERMITTED IMPERVIOUS SURFACE: 70% PROPOSED IMPERVIOUS SURFACE: 70%* SF AC % PROPOSED PERVIOUS AREA: 146,045 3.35 30 ' PROPOSED IMPERVIOUS AREA: 342,335 7.86 70 TOTAL AREA: 488,380 11.21 100 *PROPOSED IMPERVIOUS SURFACE PERCENTAGE IS BASED ON THE SITE FLOODPLAIN NOTE PROJECT BENCHMARK ( AREA PRIOR TO RIGHT—OF—WAY DEDICATIONS SUBJECT PROPERTY LIES WITHIN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AND ZONE AE, AND AREA WHERE BASE FLOOD ELEVATIONS ARE DETERMINED (114') ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP NUMBER 12095CO210H, DATED SEPTEMBER 24, 2021. SOILS WABASSO FINE SAND ZOLFO FINE SAND SOURCE: BOUNDARY & TOPOGRAPHIC SURVEY OF 450 OCOEE APOPKA ROAD, OCOEE, FLORIDA, SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS PREPARED BY BENCHMARK SURVEYING & MAPPING, LLC, APRIL 3, 2020. THE ELEVATIONS SHOWN HEREON ARE BASED ON THE FLORIDA DEPARTMENT OF TRANSPORTATION PERMANENT REFERENCE NETWORK, AND ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. ae" W Z tJ z UJ 385 Douglas Avenue, Ste 2100 Altamonte Springs, FL 32714 Telephone 407.478.8750 Facsimile 407.478.8749 Selby G. Weeks 56991 t a revision description date 0 0 0 0 0 A drawn by: JD checked by: SGW date: 10/21/2021 plot scale: AS SHOWN project number: N/A file name: Coo l-CONC-21TSGDoo1-EAST Filename : C001-00NC-21TSGD001-EAST.dwg Plot Date : Jun. 24, 2022 2:11pm 0 N 0 W 0 W11W - 11 '1 f k BONNETT design group, 11c landscape architecture community planning FL LC 26000341 400 S. Orlando Ave. Suite 201 Maitland, FL 32751 407.622.1588 voice 7 �>-Ad 385 Ouugl os Avenue. St* 2100 Allarnanto Springs. FL 32714 Telephane 407.47&8750 Foesknl* 407.478,8749 Todd W Bonnett, RIA FL *LA1718 description date drawn by: TWB checked by: TWB date: o6/17/2022 plot scale: AS SHOWN project number: N/A file name: 2022.139—Lool-LA BASE-EAST.DWG ON-CASU" ft Oft -. bk V. = hftm FENCING FABRIC ORANGE TENSAR GEOGRID (SNOW FENCE) OR AN APPROVED GENERAL REQUIREMENTS EQUAL. STAPLE TO VERTICAL 2X4 OR TIE TO METAL 'IT" POSTS. The Landscape Contractor shall be responsible for all materials and all work as called for on the landscape plans. The list of plant quantities accompanying the plans shall be used as guide only. If a discrepancy occurs between the plans and the plant list, the plans shall control. The Landscape Contractor shall warranty all trees, shrubs, and ground covers for a period of one (1) year from the time of final acceptance by Owner, Grounds Department Representative, and Landscape Architect. The Landscape Contractor shall be wholly responsible for the stability and plumb condition of all trees and shall be legally liable for any damage caused by the instability of any plant material. Staking of trees shall be done utilizing a method prescribed by Orange County Public Schools. The Landscape Contractor shall research plans and contact appropriate agencies to determine the location of any utilities and obstructions prior to commencing work. Any utilities or unanticipated obstructions shall be reported to Landscape Architect or Owner immediately. All plant material areas shall have an automatic underground irrigation system providing 100% coverage. See Irrigation Design Plans for extent of irrigation for sodded areas. Positive drainage shall be maintained away from all structures on the site. PLANT SPECIFICATIONS All nursery stock plant material shall be Florida #I or better in accordance with Grades and Standards for Nursery Plants Parts I & 11, latest edition as published by the Florida Department of Agriculture and Consumer Services- Division of Plant Industry. All plant material shall be planted, fertilized and mulched as per the plant details and planting specifications noted on the plans. All container grown material shall be weed free, healthy, vigorous, well rooted plants, and established in the container in which they are delivered to the site. The plants shall have tops which are good quality and in a healthy growing condition. Established container grown plant material shall be grown in that container sufficiently long enough for the new fibrous roots to have developed enabling the root mass to retain it's shape when removed the container. Plants which have become root bound in the container are unacceptable. All plant material that is not container grown shall be freshly dug, sound, healthy, vigorous, well branched, and free of disease and insect eggs and larvae, and shall have adequate root systems. Where any requirements are omitted from the plant list, the plants furnished shall be normal for the variety. Plants may be pruned prior to delivery only upon the approval of the Landscape Architect. Granular fertilizer shall be uniform in composition, dry and free flowing. This fertilizer shall be delivered to the site in the original unopened bags bearing the manufacturer's statement of analysis. Granular fertilizer shall be a controlled release variety meeting the following requirements: sixteen percent (16%) nitrogen, four percent (4%) phosphorus, eight percent (8%) potassium, plus iron. Application Rates: ROOT FLARE VI 10% OF ROOT BALL AE ;ROUNDING FINISHED OF EE PIT PLANTING HOLE D 90% OF ROOT 1 1. PLACE CONTINUOUS RUN OF FENCE MATERIAL ON BOTH SIDES OF IMMEDIATE WORK ZONE IN WOODED AREAS AS SHOWN ON THE PLANS. DO NOT ATTACH FENCE MATERIAL TO TREES. 2. TREE PROTECTION FENCING FABRIC TO BE PLACED 4' PAST THE CANOPY DRIP LINE FOR TREES THAT ARE TO BE PROTECTED. 3. "TENSAR" HIGH STRENGTH POLMER GEOGRID FABRIC BY TENSAR CORPORATION MORROW, GEORGIA OR APPROVED EQUAL TREE PROTECTION DETAIL N.T.S. NOTE: TREE FROG RBK 40PT. SYST TREE FROG ENVIRONMENTAL PR REMOVE TOP 1/3 OF BURLAP AND WIRE BASKET IF B&B TREE PROVIDED. .08" THICK POLYETHYLENE ROOT BARRIER (SURROUND APPLICATION) BY CENTURY ROOT BARRIER OR APPROVED EQUAL. ROOT BARRIERS TO BE APPLIED FOR TREE APPLICATIONS WITHIN 150R LESS OF CURB LINES REMOVE BURLAP & WIRE BASKET FROM TOP 1/3 OF ROOTBALL FOR ALL B&B TREE SET TOP OF ROOT BALL MULCH OVER GUYING 3" MULCH MIN. (TYP.), DO NOT MULCH OVER ROOT BALL MULCH RING SHALL BE 2' PAST ROOT BALL PIT SOIL BERM 6" (TYP.) PREPARE PLANTING SOIL AS SPECIFIED UNDISTURBED SOIL ARROWHEAD 310-DEGRADABLE ANCHOR SMALL CANOPY TREE PLANTING DETAIL SPREAD. NOTE: DETAIL FOR USE WITH TREES UNDER 12'IN HEIGHT 2" DIA. X 8'LONG PRESSURE TREATED POLE (2 PER TREE) TOP -MOST ROOT IN ROOT BALL AT SURFACE REMOVE TOP 1/3 OF BURLAP -ROM ROOT BALL 3" MULCH MIN. (TYP.), DO NOT MULCH OVER ROOT BALL 4" SOIL BERM (TYP.) JNDISTURBED SOIL 3ACKFILL WITH NATIVE SOIL, SUPPLEMENT SOIL AS SPECIFIED IN GENERAL NOTES PRESSURE TREATED POLES EXTEND 2' INTO UNDISTURBED SOIL N.T.S. !EE FROG RBK 20PT. SYSTEM )G ENVIRONMENTAL PRODUCTS BASE OF TREE SHALL BE PLANTED SLIGHTLY ABOVE ADJACENT FINISH GRADE SET TOP OF ROOT BALL MULCH OVER GUYING 3" MULCH COVER (TYP.) I - OVER ROOTBALL. NO MULCH AGAINST TRUNK 6" SOIL SAUCER DIAMETER OF TREE PIT TO BE TWICE THE DIAMETER OF THE ROOT BALL. ROUGHEN SIDE OF TREE PIT PULVERIZED SOIL BACKFILL UNDISTURBED SUBGRADE PLAN VIEW X= SPACING ON CENTER (O.C.) X/2 = 112 OF SPACING DISTANCE 3W SHALL FOLLOW BED LINE 3" MIN, MULCH(TYP.) 6" TYP. SOIL BERM BUILDING TO HOLD WATER LOCATION" VARIES' REFER FINISHED GRADE TO SITE PLAN 12" MIN. DEPTH OF PLANTING SOIL FOR GROUNDCOVER BED PREPARE PLANTING SOIL AS SPECIFIED IN GENERAL LANDSCAPE NOTES EXISTING SUB SOIL MIN.3l" T ,UIF �G SHRUB AND GROUNDCOVER PLANTING DETAIL F"g-g. STRAPPING ,'_ N.T.S. Plant size 16-4-8 1 gallon 1/4 lb. TREE PLANTING DETAIL MULTI -TRUNK PLANTING DETAIL TREE PLANTING PLAN DETAIL 3 gallon 1/3 lb. N.T.S. N.T.S. N.T.S. 5 gallon 1/3 lb. 7-15 gallon 1/2 lb. I" - 6" caliper 2 lbs. per I" caliper 6" + caliper 3 lbs. per I" caliper Sodded areas shall receive an application of the granular fertilizer (16-4-8) at a rate of 1/2 lb. of Nitrogen per 1,000 square feet of sod area. All Fertilizer shall be applied no sooner than 30 days after plant material, trees, and sod has been installed. Planting soil for use in preparing the backfill material for planting pits shall be added a rate of fifty percent (50%) planting soil to fifty percent (50%) existing soil. This soil mix shall be used in all plant pits. Planting soil shall be a fertile, friable natural topsoil of loamy character. It shall contain forty (40) to fifty (50) percent decomposed organic matter and be free of heavy clay, stones larger than I " in diameter, noxious weeds and plants, sod, partially disintegrated debris, insects or any other undesirable material, plants or seeds that would be toxic or harmful to plant growth. MULCH All plant beds and tree watering basins shall be top dressed with three inches (3") of pine bark nuggets Refer to Landscape Plan for limits of sod. All areas disturbed by construction (including material staging, equipment storage, temporary facilities, site access, construction staff parking, etc.) beyond the minimum limits of sod as shown on the Landscape Plan shall be sodded as needed. All lawn areas to receive sod shall be disked four (4) to six (6) inches and graded to establish a level finished grade ensuring positive drainage from all structures. All debris shall be removed from the site. Sod shall be free of weeds and pests. It shall be laid evenly with tight fitting joints and rolled. The sod shall contain moist soil which does not fall apart or tear when lifted. See plant list for specific sod species and locations. MASTER PLANT LIST BONNETT design group, 11c landscape architecture community planning FL LC 26000341 400 S. Orlando Ave. Suite 201 Maitland, FL 32751 407.622.1588 voice Symbol ]Totals, Narne Ca Name Specifications Spacing Nativej Drought Tolerance Water Zone Trees _]Botanical MG 10 Magnolia grandiflora Magnolia /Southern Magnolia 4"cal., 14L­16'hf. x 60" spa. Full to Ground AS yes M M PT2 19 Pinus taeda Loblolly Pine 3" ca L, min. 1 0L­ 16' ht. x 49'spd., 5' ct. AS yes M L QVI 27 �Qu I s v irginia n a Live Oak 4" cal., 16-20' ht. x 6 1/2'spd., 5' ct. AS yes H L SP 49 Sabel palmetto Cabbage bbage Palm =4'ct, mixed. AS yes H L Shrubs Vs 165 Viburnum suspensum Sandankwa Viburnum 3 gal, 20"x 24", full AS no L H SOD Paspalum notatum'Argentine Argentine Bahia Sod sand grown solid sod - weed free solid no H L 385 os Avonue. Sit 2100 Allarnanit Springs. FL 32714 Telephone 407.478,8750 Foesknle 407.478,8749 Todd W Bonnett, RLA FL #LA1718 revision description date drawn by: TWB checked by: TWB date: o6/17/2022 plot scale: AS SHOWN project number: N/A file name: 2022.139—Loo1-LA BASE-EAST.DWG See 'Fertilizer' for requirements of all sodded areas. Lio2 0 WEST ORANGE Serial Number 22-03329W Times West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE STATE OF FLORIDA Before the undersigned authority personally appeared Lindsey Padgett who on oath says that he/she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of Public Hearin in the matter of Public Hearing on September 13,2022 429 Business Center Phase 11 East in the Court, was published in said newspaper by print in the issues of 9/l/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. A OpAq- Lindsey Padgett! I Sworn to and subscribed, and personally appeared by physical presence before me, I st day of September, 2022 A.D. by Lindsey Padgett who is personally known to me. e*`O' Notary Public, State of Florida P4, Kimberly S. Martin (SEAL) No t�Ay �, Comm.:HH 282034 y,] Expires:July 25,2026 Notary Public - State of Florida CITY OF OCOEE NOTICE OF PUBLIC HEARING 429 BUSINESS CENTER PHASE 11 EAST PRELIMINARY LARGE-SCALE SITE PLAN CASE NUMBER: IS-2022-008 NOTICE IS HEREBY GIVT,,N, pursuant to Article IV, Section 4-3A.(3)(b), ofthe City of Ocoee Land Development Code, that or TUESDAY, SEPTEMBER 13, 2022, at 6:30 p.m. or as soon thereafter its practical, the OCOEE PLANNING ZONING COMMISSION will hold PUBLIC HEARING at the City of Ocoee Commission Chambers, I North Blufortl Avenue, Ocoee; Florida, to consider the preliminary Large-scale Site Plan for the 429 Business Center Phase It Fast devel- opment.'rin, property contains approximately 11.23 acres and is addressed at 450 Ocoee Apopka Read, assigned parcel number 18-22-28-0000.00-006, It is located on the west side of Ocoee Apopka Road, approximately 1,300 feet north of Palm Drive. The applicant proposes light industrial warehousing and flex space totaling 126,402 SF contained within two (2) 45,000 SIT buildings In the rear and one (1) 36,402 SF building in the front -facing Ciettee Apopka Road. Interested parties may appear at the public hearing and be heard with respect to the proposed action, The complete ease file may be Inspected at tile Ocoee Plan- ning Department located at I North Bluford Avenue, Ocoee, Florida, between the hours of 15c00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. ' rhe Planning and honing Commission may continue the public hearing to other dates and times, as it deems necessary, Any biterested patty shall lie advised ofthe dates, times, and places of any continuation ofthese or continued public hLaringx shall be innnounced during the hearing. No further notices regarding these matters will be published. You are, arltrisix], that any personwho desires to appeal any decision made at the public hearings will need a record ofthe proceedings and, for this pur- pose., may need to ensure that a verbatim record ofthe proccedhilpq Is made, which Includes the testimony and evidence upon which theappeall is based. In accordance with the Americans with Disabilities Act, persons needing a special icoemincidation or an interpreter to participate in this proceeding should contact the City Cleffiq Office 48 hours, in advance of the meetingat (4o7)906-3105. September 1, 2022 22-03329NAT ITEM NUMBER IV. E. NEW BUSINESS (PUBLIC HEARING) 429 BUSINESS CENTER PHASE II WEST 1. LARGE SCALE PRELIMINARY SITE PLAN (LS-2022-009) _< vor Rusty Johnson Q1 ua_nr a cap Robert Frank DATE: September 13, 2022 STAFF REPORT Commissioners I,ar:ry Brinson T.., Distr°ic°t, 1 Rosemary Wilseri, District 2 Richard. l+`irstne , District a George Oliver l l , District 4 TO: Planning & Zoning Commission (Local Planning Agency) FROM: Anoch Whitfield, Zoning Manager SUBJECT: 429 Business Center Phase II West Preliminary Site Plan Project No: LS-2022-009 Commissioner District # 3 — Richard Firstner ISSUE: Should the Planning & Zoning Commission recommend approval for the Preliminary Site Plan for the 429 Business Center Phase 11 West development located at 701, 707, and 711 Pine Street, assigned parcel ID numbers 18-22-28-0000-00-005, 18-22-28-0000-00-106 and 18-22- 28-0000-00-105? BACKGROUND: The subject property consists of three (3) parcels, totaling approximately 5.58 acres, and is located on the east side of Pine Street, beginning approximately 462 feet north of Palm Drive. Although the parcels are still wooded, they are currently developed for single-family residential uses. The table below lists the future land use designations, zoning classifications, and existing land uses of the surrounding parcels: FUTURE LAND USE ZONING / EXISTING LAND USES North Low Density Residential R-1A / Residential East Conservation & Light Industrial 1-1 / Vacant South Low Density Residential & High Density Residential R-1A and unincorporated County / Residential West Low Density Residential A-2 & R-1A / Residential DISCUSSION: The subject property fronts on Pine Street and is located within the SR 429 Overlay District Business Center Character Area, adopted by Ordinance No. 2017-020 on July 18, 2017, and the Wekiva Study Area. The 429 Business Center Phase II West development is a light industrial and flex warehouse development, totaling 70,720 SF of leaseable space contained in a single building. The 429 Business Center Phase II West development is part of a larger development, which includes 429 Business Center Phase II East, located on the east side of the canal and west side of Ocoee Apopka Road, and the All Stars Headquarters project, located on the west side of Ocoee Apopka Road and north of a 50-foot right-of-way proposed as part of Phase 11 East. IP&Z Meeflngl aatw September 13, 2022 Project: 429 Business Center Phase (� West Project I rui ber) ): L S-2022- Q The site proposes two (2) driveway access points off of Pine Street; however, based on the conditions of approval for the Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning for these properties, industrial and commercial traffic and vehicles will not utilize Pine Street. Mechanisms will be required to be put in place to limit or avoid cut - through traffic once Pine Street is improved. Instead, the development of this site will be dependent upon and utilize the future east -west road within the proposed 50-foot right-of-way located along the north property boundary and extending to Ocoee Apopka Road. This new roadway will be designed and constructed to City standards and will be dedicated to the City. It is consistent with the transportation vision for the Business Character District and will connect this project to the Phase II East project. The site plan will need to be revised to indicate on -site utilities and show how this project will be connected to off -site utilities. Irrigation shall comply with the requirements of Chapter 175, Code of Ordinances, and no trees or large shrubs shall be planted on or in close proximity to public utilities that will impact utilities. Stormwater will be provided on -site at the rear of the property adjacent to the canal. The site plan needs to be revised to show darker drainage easement lines along the canal and to show the 100-year flood elevation line. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On September 6, 2022, the DRC met to determine if the proposed Preliminary Site Plan for the 429 Business Center Phase II East was consistent with the City's regulations and intent for the character area. The Development Review Committee voted to recommend approval of the project subject to the following conditions: Conditioned upon Final Site Plan review, resolution of outstanding comments, and the applicant working with the Utilities Department for the installation of the offsite utilities, and ownership and maintenance of them. Execution of a Development Agreement relative to the dedication of 24.5-foot right-of- way along Ocoee Apopka Road and the proposed 50-foot ROW for the new east -west road along the north side of the subject property, and Commercial and industrial, vehicular traffic associated with this industrial development will not be permitted to access or utilize Pine Street, and signage and other mechanisms will be put in place at the time of construction and improvements of Pine Street to limit the use of Pine Street by cut -through traffic to and from Ocoee Apopka Road. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Commission recommend approval of the Preliminary Site Plan for the 429 Business Center Phase II West Development. Attachments: Location Map Aerial Zoning Map Preliminary Site Plan for 429 Business Center Phase II West Landscape Plan Renderings 429 Business Center Phase II East & West Cn 0 Location Map West ■ East 429 Business Center Phase II East Surrounding Zoning Map t•.I' v Development Services Department 0 90 180 360 Feet Created: September 2022 IQSubjectProperty 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-Fam ily Dwelling (R-2) Multiple -Family Dwelling (R-3) 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) //j Unclassified ZONING: 1-1 t GRAPHIC SCALE �1 1 � � - - +� 40 0 20 40 80 . .......... IN FEET 111 _...._...._.... —....—....--....—....—.... x x x x x -.. x x x' x X' x x x' x x. x X X X x x K �„X_ x x x x X X `r X X X' X k+ a4 X4' x x ,f 1 / X X X X- X X X X X X X X X X X X X X X X X X X X J1L� X X X X X X X X X X X X X X X X x J( X X x X X -X k X )C X ,',,k X X" X, X .. X. X x X X X X X X X X X X+ X +SrS k lx JE X X X X X X X X X X X X X X X X X X X X X X X X X X X X X QX X X X X X X X X X X X X X x X X X X X X X X X X X X X X X X X XCx X X X X X X X X x K 'x X '}(' 'X X X ; - x x x x x x x x x x x x x x x x x x x x x x x x x� x x �x x x x x x 'x x x x x x x x x x x x x x x x x x x x x x x x x x x x x' x x x x x x. x x x X x �x x x x x x x x x x x x x x x x X X X X X X X, x x X x X -d _, V'� X X X ... x X .::: lo' LANDSCAPE BUFFER _ _ - AY LINE - D RIGHT -OF W PROPOS %% ,r, — = --- j � LEGEND ... 15' BUILDING SETBACK + 10.. � HEAVY—DUTY ASPHALT CONCRETE WALK . 53 , PAVEMENTX i ..-DUTY - w LIGHT ASPHALT CONCRETE PAVEMENT ......�......... —,— 67 ............... PAVEMENT + ZONING: A-2 PROJECT.. SOURCE: BOUNDARY & TOPOGRAPHIC SURVEY OF 701, 707, AND 711 PINE STREET, OCOEE, FLORIDA, SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS PREPARED BY BENCHMARK SURVEYING & MAPPING, LLC, JANUARY 5, 2022. THE ELEVATIONS SHOWN HEREON ARE BASED ON ORANGE COUNTY VERTICAL CONTROL NETWORK. SPECIFICALLY, BENCHMARK NUMBER C1051016. PUBLISHED ELEVATION IS 122.74 FEET, RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. APPLICANT CONTACT INFORMATION J. WILSON MCDOWELL 250 S. ORANGE AVENUE, SUITE 700P ORLANDO, FL 32801 PHONE: 407-930-1801 EMAIL: WILSON.MCDOWELLOAM.JLL.COM ADDRESSES: 711 PINE STREET, OCOEE, FL 34761 707 PINE STREET, OCOEE, FL 34761 701 PINE STREET, OCOEE, FL 34761 PARCEL IDs:18-22-28-0000-00-105 18-22-28-0000-00-106 18-22-28-0000-00-005 EXISTING SITE AREA: 256,932 SF / 5.90 AC PROPOSED SITE AREA: 231,511 SF / 5.31 AC SUBJECT SITE: 1-1 NORTH: 1-1 SOUTH: R-1 A EAST: 1-1 WEST: R-1A, A-2 LOCATION MAP NOT TO SCALE REQUIRED: PROVIDED: WEST (FRONT): 35' 77' NORTH (SIDE): 15' 15' SOUTH (SIDE): 20' 46' EAST: (REAR) 10, 205' BUILDING INFORMATION MAXIMUM PERMITTED BUILDING COVERAGE: 30% PROPOSED BUILDING COVERAGE: 70,720 / 256,932 = 28%* MAXIMUM PERMITTED BUILDING HEIGHT, INDUSTRIAL: TWO-STORY PROPOSED BUILDING HEIGHT: ONE-STORY *PROPOSED BUILDING COVERAGE IS BASED ON THE SITE AREA PRIOR TO RIGHT-OF-WAY DEDICATIONS. PARKING COUNT: PROPOSED STANDARD SPACES: 72 PROPOSED ACCESSIBLE SPACES: 4 TOTAL PROPOSED SPACES: 76 AREAS MAXIMUM PERMITTED IMPERVIOUS SURFACE: 70% PROPOSED IMPERVIOUS SURFACE: 69%* SF AC % PROPOSED PERVIOUS AREA: 79,455 1.82 31 PROPOSED IMPERVIOUS AREA: 177,477 4.07 69 TOTAL AREA: 256,932 5.90 100 *PROPOSED IMPERVIOUS SURFACE PERCENTAGE IS BASED ON THE SITE AREA PRIOR TO RIGHT-OF-WAY DEDICATIONS FLOODPLAIN NOTE SUBJECT PROPERTY LIES WITHIN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AND ZONE AE, AND AREA WHERE BASE FLOOD ELEVATIONS ARE DETERMINED (114') ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP NUMBER 12095CO210H, DATED SEPTEMBER 24, 2021. UJ W Z C; p z uu 7 V 385 Douglas Avenue, Ste 2100 Altamonte Springs, FL 32714 Telephone 407.478.8750 Facsimile 407.478.8749 Selby G. Weeks 56991 t a revision description date 0 0 0 0 0 drawn by: JD checked by: SGW date: 10/21/2021 plot scale: AS SHOWN project number: N/A file name: Coo l-CONC-21TSGDoo1-WES' Filename : C001-00NC-21TSGD001-WEST.dwg Plot Date : Jun. 24, 2022 2:16pm LIVE VEHICULP AREA SOUTHERN MAGP BUFFER TREE @ 2 / 1 3' EVERGREEN H r BONNETT design group, He landscape architecture community planning FL LC 26000341 400 S. Orlando Ave. Suite 201 Maitland, FL 32751 407.622.1588 voice EMENI UD 385 Oouglos Avenue. Ste 2100 Altarinonte Springs. FL 32714 Telephone 407,47&8750 Foestmle 407,478,8749 Todd W Bonnett, RLA FL *LA1718 W �M4 W Ei revision description date 0 0 0 0 0 0 drawn by: TWB checked by: TWB date: o6/17/2022 plot scale: AS SHOWN project number: N/A file name: 2022.139_Lool-LA BASE-WEST.DWG CD FENCING FABRIC ORANGE TENSAR GEOGRID (SNOW FENCE) OR AN APPROVED EQUAL. STAPLE TO VERTICAL GENERAL REQUIREMENTS 2X4 OR TIE TO METAL 'IT" CDCDCD The Landscape Contractor shall be responsible for all materials and all work as called for on the landscape plans. The list ma POSTS. of plant quantities accompanying the plans shall be used as guide only. If a discrepancy occurs between the plans and the plant list, the plans shall control. The Landscape Contractor shall warranty all trees, shrubs, and ground covers for a period of one (1) year from the time of final acceptance by Owner, Grounds Department Representative, and Landscape Architect. The Landscape Contractor shall be wholly responsible for the stability and plumb condition of all trees and shall be legally liable for any damage caused by the instability of any plant material. Staking of trees shall be done utilizing a method prescribed by Orange County Public Schools. The Landscape Contractor shall research plans and contact appropriate agencies to determine the location of any utilities and obstructions prior to commencing work. Any utilities or unanticipated obstructions shall be reported to Landscape Architect or Owner immediately. All plant material areas shall have an automatic underground irrigation system providing 100% coverage. See Irrigation Design Plans for extent of irrigation for sodded areas. Positive drainage shall be maintained away from all structures on the site. PLANT SPECIFICATIONS All nursery stock plant material shall be Florida #I or better in accordance with Grades and Standards for Nursery Plants Parts I & 11, latest edition as published by the Florida Department of Agriculture and Consumer Services- Division of Plant Industry. All plant material shall be planted, fertilized and mulched as per the plant details and planting specifications noted on the plans. All container grown material shall be weed free, healthy, vigorous, well rooted plants, and established in the container in which they are delivered to the site. The plants shall have tops which are good quality and in a healthy growing condition. Established container grown plant material shall be grown in that container sufficiently long enough for the new fibrous roots to have developed enabling the root mass to retain it's shape when removed the container. Plants which have become root bound in the container are unacceptable. All plant material that is not container grown shall be freshly dug, sound, healthy, vigorous, well branched, and free of disease and insect eggs and larvae, and shall have adequate root systems. Where any requirements are omitted from the plant list, the plants furnished shall be normal for the variety. Plants may be pruned prior to delivery only upon the approval of the Landscape Architect. 9=1,1111111111YA00, Granular fertilizer shall be uniform in composition, dry and free flowing. This fertilizer shall be delivered to the site in the original unopened bags bearing the manufacturer's statement of analysis. Granular fertilizer shall be a controlled release variety meeting the following requirements: sixteen percent (16%) nitrogen, four percent (4%) phosphorus, eight percent (8%) potassium, plus iron. Application Rates: Plant size 16-4-8 1 gallon 1/4 lb. 3 gallon 1/3 lb. 5 gallon 1/3 lb. 7-15 gallon 1/2 lb. 1 " - 6" caliper 2 lbs. per I" caliper 6" + caliper 3 lbs. per 1 " caliper Sodded areas shall receive an application of the granular fertilizer (16-4-8) at a rate of 1/2 lb. of Nitrogen per 1,000 square feet of sod area. All Fertilizer shall be applied no sooner than 30 days after plant material, trees, and sod has been installed. SOIL Planting soil for use in preparing the backfill material for planting pits shall be added a rate of fifty percent (50%) planting soil to fifty percent (50%) existing soil. This soil mix shall be used in all plant pits. Planting soil shall be a fertile, friable natural topsoil of loamy character. It shall contain forty (40) to fifty (50) percent decomposed organic matter and be free of heavy clay, stones larger than I " in diameter, noxious weeds and plants, sod, partially disintegrated debris, insects or any other undesirable material, plants or seeds that would be toxic or harmful to plant growth. MULCH All plant beds and tree watering basins shall be top dressed with three inches (3") of pine bark nuggets KNED Refer to Landscape Plan for limits of sod. All areas disturbed by construction (including material staging, equipment storage, temporary facilities, site access, construction staff parking, etc.) beyond the minimum limits of sod as shown on the Landscape Plan shall be sodded as needed. All lawn areas to receive sod shall be disked four (4) to six (6) inches and graded to establish a level finished grade ensuring positive drainage from all structures. All debris shall be removed from the site. Sod shall be free of weeds and pests. It shall be laid evenly with tight fitting joints and rolled. The sod shall contain moist soil which does not fall apart or tear when lifted. See plant list for specific sod species and locations. Q� EXISTING TREE METAJ_7 " POST OR WOODEN 2X4 ROOT FLARE VI 10% OF ROOT BALL AE SURROUNDING FINISHED GF TREE PIT PLANTING HOLE D 90% OF ROOT 1 1 . PLACE CONTINUOUS RUN OF FENCE MATERIAL ON BOTH SIDES OF IMMEDIATE WORK ZONE IN WOODED AREAS AS SHOWN ON THE PLANS. DO NOT ATTACH FENCE MATERIAL TO TREES. 2. TREE PROTECTION FENCING FABRIC TO BE PLACED 4'PAST THE CANOPY DRIP LINE FOR TREES THAT ARE TO BE PROTECTED. 3. "TENSAR" HIGH STRENGTH POLMER GEOGRID FABRIC BY TENSAR CORPORATION MORROW, GEORGIA OR APPROVED EQUAL TREE PROTECTION DETAIL N.T.S. NOTE: TREE FROG RISK 40PT. SYST TREE FROG ENVIRONMENTAL PR REMOVE TOP 1/3 OF BURLAP AND WIRE BASKET IF B&B TREE PROVIDED. .08" THICK POLYETHYLENE ROOT BARRIER fSURROUND APPLICATION) BY CENTURY ROOT BARRIER OR APPROVED EQUAL. ROOT BARRIERS TO BE APPLIED FOR TREE APPLICATIONS WITHIN 15'OR LESS OF CURB LINES TREE PLANTING DETAIL MASTER PLANT LIST REMOVE BURLAP & WIRE BASKET FROM TOP 1/3 OF ROOTBALL FOR ALL B&B TREE SET TOP OF ROOT BALL MULCH OVER GUYING 3" MULCH MIN. (TYP.), DO NOT MULCH OVER ROOT BALL MULCH RING SHALL BE 2' PAST ROOT BALL PIT SOIL BERM 6" (TYP.) PREPARE PLANTING SOIL AS SPECIFIED UNDISTURBED SOIL ARROWHEAD 310-DEGRADABLE ANCHOR N.T.S. SMALL CANOPY TREE PLANTING DETAIL SPREAD. MULTI -TRUNK PLANTING DETAIL I NOTE: DETAIL FOR USE WITH TREES UNDER IZIN HEIGHT 2" DIA. X 8'LONG PRESSURE TREATED POLE (2 PER TREE) TOP -MOST ROOT IN ROOT BALL AT SURFACE REMOVE TOP 1/3 OF BURLAP -ROM ROOT BALL 3" MULCH MIN. (TYP.), DO NOT \AULCH OVER ROOT BALL 4" SOIL BERM (TYP.) JNDISTURBED SOIL 3ACKFILL WITH NATIVE SOIL, SUPPLEMENT SOIL AS SPECIFIED IN GENERAL NOTES PRESSURE TREATED POLES EXTEND 2'INTO UNDISTURBED SOIL N.T.S. N.T.S. ,EE FROG RBK 20PT. SYSTEM )G ENVIRONMENTAL PRODUCTS BASE OF TREE SHALL BE PLANTED SLIGHTLY ABOVE ADJACENT FINISH GRADE SET TOP OF ROOT BALL MULCH OVER GUYING 3" MULCH COVER (TYP.) I - OVER ROOTBALL. NO MULCH AGAINST TRUNK 6" SOIL SAUCER D�AMETER OF TREE PIT TO BE TWICE THE D AMETER OF THE ROOT BALL. ROUGHEN SIDE OF TREE PIT PULVERIZED SOIL BACKFILL UNDISTURBED SUBGRADE PLAN VIEW X= SPACING ON CENTER (O.C.) X/2 1/2 OF SPACING DISTANCE .,,)W SHALL ��LLOW BED LINE 3" MIN. MULCHfTYP.) 6" TYP. SOIL BERM BUILDING TO HOLD WATER LOCAPO VARIES, REFER FINISHED GRADE TO SITE PLAN 12" MIN, DEPTH OF PLANTING SOIL FOR GROUNDCOVER BED PREPARE PLANTING SOIL AS SPECIFIED IN GENERAL LANDSCAPE NOTES EXISTING SUB SOIL MIN. 30" TO L BUILDING ' SHRUB AND GROUNDCOVER PLANTING DETAIL N.T.S. ARBORGUY RBK 20 PLAN VIEW W/ STRAPPING TREE PLANTING PLAN DETAIL N.T.S. BONNETT design group, 11c landscape architecture community planning FL LC 26000341 400 S. Orlando Ave. Suite 201 Maitland, FL 32751 407.622.1588 voice Symbol ITotals _Botanicall N arne I Conymn Narne Specificaflons I Spacing Nafive Drought Tolerance Trees MG 10 Magnolia grandiflora Magnolia/Southern Magnolia 4" cal., 14'-] 6'ht. x 60" spa. Full to Ground AS yes M P T 2 QVI 19 27 Pinus taeda Q uercus v irginia no Loblolly Pine Live Oak 3" cal., min. 10'-16'ht. x 48"spd., 5'ct. 4" cal., 16'-20'ht. x 6 1/2'spd., 5'ct. AS AS yes M yes H SP 49 Sabal palmetto Cabbage Palm 8'- 14' ct, mixed. AS yes H Shrubs Vs 165 Viburnum suspensum Sandankwa Viburnum 3 gal,, 20"x 24", full AS no L SOD Paspalum nota tum 'Argentine' Argentine Bahia Sod sand grown solid sod - weed free solid no H 385 V-0s; ue. Sit 2100 Allornanit Springs. FIL 32714 Telephone 407.47&8750 Foesknilt 407.47&8749 Todd W Bonnett, RLA FL #LA1718 revision description date A A drawn by: TWB checked by: TWB date: o6/17/2022 plot scale: AS SHOWN project number: N/A file name: 2022.139—Lool-LA BASE-WEST.DWG See 'Fertilizer' for requirements of all sodded areas. =11111IIII-LI ON -USIA" ft bw - aw A = h"" Lio N WEST ORANGE Serial Number 22-0333OW Times West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE STATE OF FLORIDA Before the undersigned authority personally appeared Lindsey Padgett who on oath says that he/she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of PubliEliLaring in the matter of Public Head ng on SeDternber 13. 2022 429 Business Center Phase 11 West in the Court, was published in said newspaper by print in the issues of 9/l/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes, *This Notice was placed on the newspaper's website and floridapublicnotices.corn on the same day the notice appeared in the newspaper. 4LmdsLeyPadg t ell"li Sworn to and subscribed, and personally appeared by physical presence before me, I st day of September, 2022 A.D. by Lindsey Padgett who is personally known to me, — If- N"t�", P., Notary Public, State of Florida (SEAL) X Kimberly S, Martin vsy pqy" Comm.:HH 282034 Expires: July 25,2026 Notary Public -State of Florida CITV OF OCOEE NOTICE OF, PUBLIC HEARING 129 BUSINESS CENTERPHASE IINVEST PRELIATEK"Y LiRG&SCALE SITE PLAN CASE NUMBER: IS-2022-009 NOTICE IS HEREBY GIVEN, parsuant to Article IV, of the city of Ocoee Lead Development Code, that on TUESDAY, SEPTEMBER 13, 2022, at 6:30 ll,ra� or as soon thereafter as practical, the OCOEE PullNNING &ZONING COMMISSION will hold a PUBLIC HEARING at the City ofOcoee Commission Chambers, I North Bluford Avenue, Ocoee, Florida, to consider the Preliminary Large-scale site Plan fertile 429 Business Center Phase 11 West (level- opment.'rbe development property is comprised ofthrea (,)) Parcels located oil tile east side ofPine Street beginning approximately 462 feet north ofBahn Drive.The subject para4sarc identified as parcel numbers 18-22-28-0000-00-005, 18-22-28- 0000-00-106, and 18-22-28-0000-00-105 and are addre.,�sed at 701, 707, and 711 Pine. Street. The subject parcels combined contain approximately 5.87 acm,%. The applicant proposes a 70,720 SF light industrial and flex warehouse. building Nvith primary elevation facing Pine Street. Interested part ios may appear at the public hearingand be heard Nvith respect to the proposed action. The complete ease file may, be inspected at the Ocoee Plan - lung Department located at I North Mallard Avenue, Ocoee, Florida, behveen the hour,, of 8:00 a.m. and 5m p.m., Monday through Friday, exce.pt legal holidays, The planning and Zoning Commission rally continue the public hearing to other dates and times, as it deems necemary. Any interested party shall beadvised ofthe dates, times,and places ofany continuation ofthese or continued public hearings shall be annouliced during the hearing. No iorther noticos regarding these matters will be published, You are advised that any pon-on who desires to appealany decision made at the public hearings will need a record ofthe proceedings and, for this pur- pose, may need to ensure that a verbatim record ofthe proceedings is made, which includes the testimony and evidence upon which the appeal is base(L In accordance I th the Americans with Disabilities Act, persons needing a special accommodation Nv1 or all interpreter to participate. in this proceeding should contact the City Clerles Office 48 hours inadvarav ofthe meetingat (407) 905-3105� September 1, 2022 22-033301V — — - ----------- ITEM NUMBER IV. F. NEW BUSINESS (PUBLIC HEARING) Coniniissioiiers mmiLt Rusty Johnson C, A_Y__nILiL49_e,_r Robert F'rank I cr�d a DATE: September 13, 2022 L,avry Brinson, Sr., District I Rosemary Wilsen, District 2 Richard Firstner, I)istrict 3 George Oliver Ill, I)istrict 4 TO: The Planning and Zoning Commission (Local Planning Agency) FROM: Anoch P. Whitfield, Zoning Manager SUBJECT: Code of Ordinances (City Code) Amendment to Chapter 38, Article 11, Section 38-5.1 Relative to Locational Requirements for Alcoholic Beverages ISSUE: Should the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), recommend approval of an amendment to Section 38-5.1, Article 11, Chapter 38 of the City of Ocoee Code of Ordinances pertaining to exemptions to alcohol locational requirements for lands and land uses within the same Mixed -Use Planned Unit Development (PUD)? DISCUSSION: The current Exemptions to Locational Requirements for Alcoholic Beverages language in Section 38-5.1 in Article 11 of Chapter 38 of the Code of Ordinances were adopted on December 1, 1998, by Ordinance No. 98-32 in recognition of the City's desire to facilitate and encourage the location of schools and churches within Planned Unit Developments and Special Overlay Areas. Ordinance 98-32 established a procedure whereby an exemption from the locational requirements provisions of Section 38-5 of the City Code could be approved by the City Commission through an advertised public hearing. The City Commission may exempt lands located within a Planned Unit Development zoning district and Overlay Area from the locational requirements of Section 38-5. Through the public hearing, the Commission may also impose conditions of approval, as it deems necessary, to protect school children and church members from unwarranted exposure to alcoholic and intoxicating beverages. Staff feels that the intent of Ordinance 98-32 was to allow greater flexibility in the locational requirements for land uses within the same PUD. Since the PUD zoning is a public hearing process, stathe ff is proposing an Amendment to Section 38-5.1 to allow a locational exemption for lands within the same Mixed -Use PUD because the expectation is that a mixture of uses, including residential, retail, schools, churches and establishments selling alcoholic beverages for off -premise consumption or offering alcoholic beverages by the glass or drink for on -premise consumption, whether for sale or as complimentary service, could be located near each other in a single mixed -use development. For existing Mixed -Use PUDs, this Code Amendment serves as the public hearing process to exempt lands within and internal to the same PUD from the alcohol location requirements. For future Mixed -Use PUDs, the rezoning public hearing can include an evaluation of alcohol locational requirements. This proposed Code Amendment would not apply to lands within a Single -Use PUD, to lands not within the same PUD, or to cases where the establishment seeking to sell or offer alcoholic beverages, whether for sale or as a complimentary service, and the school or church are not P&Z Meeting Date: September 13, 2022 Subject: Code of Ordinances Relative to Locational Requirements for Alcoholic Beverages Page 2 of 2 within the same PUD or are in different zoning districts. Furthermore, the proposed Code Amendment does not modify or affect existing exemptions. Staff feels that the proposed Code Amendment will help to facilitate a greater mix of uses within Mixed -Use PUDs and streamline the permitting process. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), recommend approval of amendments to Section 38-5.1, Article 11, Chapter 38 of the City of Ocoee Code of Ordinances pertaining to exemptions to locational requirements for lands and land uses within the same Mixed -Use Planned Unit Development. Attachment: Ordinance ORDINANCE NO. 2022- (Code of Ordinances Amendment regarding Exemptions to Locational Requirements for Alcoholic Beverages) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE CODE OF ORDINANCES, CHAPTER 38, ARTICLE 11, SECTION 38-5.1 EXEMPTIONS TO LOCATIONAL REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article V111 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 seeks to promote and foster diversity in the mix of uses for planned developments; and WHEREAS, the City has found it is necessary to modify the exemptions to locational requirements for establishments seeking to sell, or otherwise offer for on -site consumption, alcoholic or other intoxicating beverages to the public in order to facilitate and encourage a mix of uses in a planned unit development; and WHEREAS, on September 13, 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 to Section 38-5.1, Article 11, Chapter 38, Code of Ordinances (the "City Code") to foster flexibility in the sale or offering for on -site consumption of alcoholic or other intoxicating beverages within a planned development; and WHEREAS, the Ocoee City Commission, in good faith., determined 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 duly noticed public hearing on the Ordinance on Tuesday, October 4, 2022, the Ocoee City Commission approved the amendments to Section 38-5.1, Article 11, Chapter 38 of the City Code. 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 CITY CODE. Section 38-5.1, Article 11, Chapter 38, Code of Ordinances, is 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 the need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of 2022. [Space intentionally blank] -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. m - Lim a I " paxonu in r-'1 z IF.-%TTj mis] z M 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 0 1071-111 W kyl 101 -3- IWAMII Changes are hereby made to Section 38-5.1 B, Article 11, Chapter 38, Code of Ordinances, as follows, with underline representing additions and strike -through representing deletions: ARTICLE 11 § 38-5 - LOCATIONAL REQUIREMENTS. 38-5.1. Exemptions to locational requirements. [Added 12-1-1998 by Ord. No. 98-32; amended 9-16-2003 by Ord. No. 2003-33] A. In order to facilitate and encourage the location of schools and churches within f4armed and.- special overlay areas, the City Commission may, following an advertised public hearing, exempt land located within a --- p4arie(i a special overlay area from the provisions of § 38-5 of the City Code upon a finding that the granting of such exemption will facilitate and encourage the location of schools and churches within the planned unit development and/or special overlay area. In granting any such exemption, the City Commission may impose such conditions of approval as it deems necessary to protect school children and church members from unwarranted exposure to alcoholic and intoxicating beverages. B. The provisions of § 38-5 shall not apply to: (1) Any restaurant equipped to serve full -course meals at tables and deriving at least 51 % of its gross revenue from the sale of food and nonalcoholic beverages; (2) Any bona fide hotel, motel, or motor court which derives at least 51 % of its gross revenues from the rental of hotel or motel rooms and which is licensed as a public lodging establishment by the State of Florida Division of Hotels and Restaurants; (3) Bowling establishments having 12 or more lanes and all necessary equipment to operate them; and (j)_Any bona fide movie theater with 5 or more screens. 4)L51JI? order to facilitate and eDc ��q_c_q_qe the location of schools and churches wiftn a Mrxed Use Planned UNt Develo Qpj_�1�22 Segfion 38-5 s[iafl j1pt a ly tolg!'i(js and land uses witNn a s�n le Mixed-rUse PUD, This e,xtLn fior? _pjL __ _, _p shall riot aLDp a,,n,,,,.ds wiftn Singjp�.,.0 e L____ jy_jo_ s_�L)Ds or �in cases where the alcohol estabfishment and school/chUrch are not in the sarne PUD or are ln different ��onng distftts. In such instances. -n exe 'ty __gipt!q p f, _ .Cgrnnmis.,,�ron- fol owin an advertised pLL) Lic hearin �cand t!iat the gfgnCn( j_gf gwch exempfl(j�j will s[)gI not advqCs�e hool or ,ChUrch..anciLn thLD_rc1_n_fi_in_cj —of �iLic-Li-p-x-E,!mLtion,,-ILEL-CLt'YCO_nlm_is_si_0!2,,,!DaE�_rnpose such conditions of a13 as it deems necess _2Mva to �[�2t t ,(jjg _gj cNWren and church members froM Unwarranted e SUre to a1coWlc and �ntoxicat _Iq te V_(_1_1r -.1(Ie _S' N N WEST ORANGE Serial Number 22-0334OW Times West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE STATE OF FLORIDA Before the undersigned authority personally appeared Lindse LPadgett who on oath says that he/she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of Publig Hearing in the matter of Public FlearinR on SeDtember 13, 2022 Code of Ordinances Amendment in the Court, was published in said newspaper by print in the issues of 9/1/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. Lindsevy Pa gatft Sworn to and subscribed, and personally appeared by physical presence before tne, I st day of September, 2022 A.D. by Lindsey Padgett who is personally known to Inc. Notary Public, State of Florida (SEAL) Kimberly S. Martin Comm.:HH 282034 Expires: July 25,2026 Notary Public - State of Florlida CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR ANAMENDMENT TO THE CITV OF OCOEE CODE OF ORDINANCES It =,fINGTO FXEMVrIONS TO LOCATIONAL RRqUIRE NIE9178 FOR ESTABLISHMENTS OFFERING ALCOHOLIC BEVERAGES FOR ON -SITE, CONSUMPTION AND FRE&STANDING ESTABLISHMENTS OFFERING ALCOHOLIC BEVERAGES FOR SALEFOR OFF-SFTE CONSUMPTION NOTICE IS HEREBYGIVEM, thatthe Ocoee Planning & Zoning Commission will consider aproposed aniendmeritto Section 38-5.1, Article 11, Chapter 38 ofthe City of Ocoee Code of Ordinances pertaining to exemptions to locational requirements for establishments offering alcoholic beverages for on -site consumption and free- standing establishments offeringalcoholic beverages fiersale for off -site consump- tion. The OCOEE PLANNING & 70NINIG COMMISSION will hold a PUBLIC REARING on the proposed amendment on TUESDAY, SEPTEMBER 13, 2022, AT (;iaO RAL or as soon thereafteras practical. The public hearing will be held in the City Hall Commission Chambers located at I North Bluflord Avenue, Oew, Florida, 3�I761. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file maybe inspected at the Ocoee Develop- ment Services Department, I North Bluford Avenue, Ocoee, rlorida, between the hours of8:00 a.m, and5too p.m., Mondaythrougliffiday, except legal holhlays�'rhe Planning and Zoning Commission may continue the. public bearing to other dates and thnes, as it deems necossary'. Any interested partyshall bL advised thattbe dates, times, and places ofany continuation ofthese or continued public hearings shall be announced duringtbo hearings and that no further noticc.L� regarding these matters will be published, You are advised that 4n), person who desires to appeal any deci- sion inarle during the public hearings will need a record of the proceedings and, for this purpose., may nes I to ensure that a verbatim record ofthe prowedbils is made, which includes the testimony and evidence upon which the appeal Is based, Persons with disabilities needing issistance to participate in any ofthe proceedings, should contact the City Clerles Office48 hours iradvance oftlijilleetingat(407)905-,,ilO.5 September 1, 2022 22-0334OW ITEM NUMBER V. M&OTSIAN xelm m Q fillillkAFOO h-,4A D 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 I— Larry Brinson, Sr. Project Name & General Project Description Status Location 285 1 JTH AVENUE- 0 DRC Meeting: TBD RODRIGUEZ PROPERTY 0 Planning & Zoning ANNEXATION Annexation & Rezoning from "Orange Meeting: TBD 285 1 Ith Avenue County" Single Family Dwelling (R-2) to "City 0 City Commission 1 st Parcel # 08-22-28-5960-21-140 of Ocoee" Single Family Dwelling (R-1) Reading: TBD .26 acres City Commission 2nd Commission District I — Larry Reading: TBD Brinson, Sr. Under 1st review 1901 LESLIE ANN LANE - 0 Planning and Zoning HODNETT VARIANCE meeting: August 30, 1901 Leslie Ann Lane Variance to reduce the two (2) foot setback 2022 Parcel # 09-22-28-4046-00-130 to one (1) foot on the south side of the lot 0 City Commission .17 acres meeting: September Commission District I — Larry 20,2022 Brinson, Sr. Under 1$t review THE BACKYARD 2100 West Road 1 It review comments Parcel # 06-22-28-0000-00-048 Small Scale Site Plan for a 1,500SF indoor sent on 08/30/2022 3.08 acres and outdoor restaurant 0 Pending resubmittal Commission District I — Larry for 2,d review Brinson, Sr. COMMERCE 429 FKA BELTWAY 429 FKA PROGRESS COMMERCE PARK City Commission 1290 Ocoee Apopka Road Large Scale Final Site Plan for up to 480,500 (Consent Item): April 5,2022 Parcel # 07-22-28-0000-026 SF of Light IndustrialMarehouse uses 3rd Review DRC 24.95 acres located within six (6) buildings. Comments sent on Pine St Parcel # 07-22-28-0000-00-096 08/10/2022 13.01 acres Commission District I — Larry Brinson, Sr. 1 1 P a g e GREENS AT FOREST LAKE PHASE 1 & 2 2291 West Road Parcel # 05-22-28-0000-00-017 Large Scale 14. 10 acres Preliminary/Final Subdivision Plan is Under Construction West Road proposing a 198-unit two-story Townhome Parcel # 05-22-28-0000-00-043 with a max living area of 1,500 SF 14.97 acres Commission District I — Larry Brinson, Sr. INNOVATION MONTESSORI SCHOOL PHASE 3 Small -Scale Site Plan for Innovation Approved for 1610 N Lakewood Ave. M ontessori from a Pre-K through 8th grade, Construction on June Parcel # 07-22-28-0000-00-054 . with a student capacity of 800 students to a 16,2022 20.16 acres Pre-K through High School with a school Commission District I — Larry capacity of 1088 students. Brinson, Sr. DRC Meeting: June 7,2022 Planning & Zoning Meeting: July 12, ISAAK MALKA PROPERTY Annexation, Small -Scale Comprehensive 2022 City Commission 1 It 2199 West Road Plan Amendment from Low Density Reading: August 2, Parcel # 05-22-28-0000-00-029 Residential to High Density Residential & 2022 5.08 acres Rezoning from Orange County A-1 to City of City Commission Commission District I — Larry Ocoee PUD Meeting 2111 Reading: Brinson, Sr. TBD 1 It Review comments sent June 23, 2022 0 Awaiting 2nd submittal MIXED -USE @ FULLERS CROSS RD & OCOEE Planning & Zoning Meeting: July 12, APOPKA RD Large Scale Preliminary Site Plan for mixed- 2022 Fullers Cross Road use consisting of Apartments and City Commission Parcel # 06-22-28-0000-00-056 Commercial Meeting: TBD 17.96 acres 1 It Review comments Commission District I — Larry sent May 11, 2022 Brinson, Sr. Planning & Zoning OCOEE CROWN POINT Meeting: July 12, MIXED -USE DEVELOPMENT 2022 City Commission 2012 Ocoee Apopka Rd. Large Scale Preliminary Site Plan for a Meeting: July 19, Parcel # 06-22-28-0000-00-005 mixed -use development consisting of 2022 Parcel # 06-22-28-0000-00-005 Multifamily and Retail 2n' Review comments 16.19 acres combined sent on August 11, Commission District I — Larry 2022 Brinson, Sr. Pending resubmittal for 3rd review OCOEE VILLAGE CENTER ALLURE Large Scale Preliminary/Final Subdivision Clarcona Ocoee Road Parcel # 05-22-28-0000-00-040 Plan for 320 Unit Apartments, four (4) — 101,000 SF, four-story Residential Buildings Under Construction 15.63 acres and one (1) — 10,000 SF, single -story Commission District 1 — Larry Pool/Clubhouse Brinson, Sr. OCOEE VILLAGE CENTER SOUTHEAST COMMERCIAL Preliminary/Final Subdivision Plan for a 10711 N Lakewood Ave 4,650 SF Gas Station/Convenience Store, a Parcel # 05-22-28-0000-00-004 14,000 SF Retail/Restau rant Building, and a Under Construction 4.7 acres 4000 SF Quick Service Restaurant Commission District I — Larry Brinson, Sr. OCOEE VILLAGE CENTER TOWNHOMES 10711 N Lakewood 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 I — Larry Brinson, Sr. OCOEE VILLAGE CENTER TOWNHOMES 10711 N Lakewood Ave Parcel # 05-22-28-0000-00-004 Plat for 232 — 2 story Townhome units Under Construction 34.48 acres Commission District I — Larry Brinson, Sr. STARBUCKS 2443 Ocoee Apopka Road Parcel # 06-22-28-2856-03-000 Small Scale Site Plan for a 2,500 SF Under Construction Starbucks Building Commission District I — Larry Brinson, Sr. 125 S. LAKESHORE DRIVE - BARENBURG PROPERTY VARIANCE 125 S. Lakeshore Dr. Parcel # 17-22-28-5504-06-110 0.3 acres Commission District 2 — Rosemary Wilsen Variance to allow a detached garage within a front building setback on a lot with roadway frontage along three property lines • Planning & Zoning Meeting: June 14, 2022 • City Commission Meeting July 19, 2022 Under 1st review 3 1 P a g e 606 SOUTH BLUFORD AVE. WAREHOUSE AND OFFICE 606 South Bluford Ave. Parcel# 17-22-28-6144-04-401 Small Scale Site Plan, 10,000 SF Building Under Construction 1. 1 acres Commission District 2 - Rosemary Wilsen CITY CENTER WEST ORANGE, PARCEL 1, 2n' Review Comments PHASE IV, LOT 4A sent on June 18th, 251 Main Street Small Scale Site Plan, two-story 20,000 SF 2019 Parcel # 20-22-28-0000-00-015 office/retail building Awaiting resubmittal 11. 92 acres for 3,d Review Commission District 2 — Rosemary Wilsen COUNTRY COMFORT CARE, INC. 902 Hire Circle Variance request for Amanda Arjune - Denied at the City Parcel # 20-22-28-6148-00-660 Residential Assisted Living Facility Commission meeting 0.23 acres June 7, 2022 Commission District 2 — Rosemary Wilsen DARREN CENTER 9961 W Colonial Drive APPROVED for Parcel # 21-22-28-0000-00-012 Small Scale Site Plan Construction on July 7.06 acres 18,302 SF Medical & Professional Office 1,2022 Commission District 2 — Rosemary Wilsen *NEW PROJECT FAMILY DOLLAR/DOLLAR Variance request to Section 6-14C(5)(d), Planning & Zoning TREE Article V1, Land Development Code, to allow Meeting: September 1531 East Silver Star Road an additional 80.08 square feet of sign area 13,2022 Parcel# 16-22-28-4763-00-010 (108% sign size increase) to the maximum City Commission 80.08 acres 75 SF permitted in order to install two (2) meeting: October 4, Commission District 2 — Rosemary signs totaling 155.8 SF 2022 Wilsen HEARTLAND DENTAL I 100 Blackwood Avenue 0 APPROVED for Parcel # 20-22-28-0742-02-000 Small Scale Site Plan for a 5,984 SF Dental Construction on 1. 96 acres Office Building August'10,2022 Commission District 2 — Rosemary Wilsen INNOVATION MONTESSORI 14 75 E Silver Star Road 0 APPROVED at the Parcel# 16-22-28-4763-00-020 Special Exception to approve C-2 zoned April 5, 2022, City 4.32 acres land for a High School use Commission meeting Commission District 2 — Rosemary Wilsen OCOEE COMMONS PUD I 100 Blackwood Avenue 0 Consent APPROVAL Parcel # 20-22-28-0742-02-000 Comprehensive Plan Amendment to the on April 19, 2022, City 1. 96 acres PUD Commission meeting Commission District 2 - Rosemary Wilsen 4 1 P a g e 0 Planning & Zoning *NEW PROJECT Meeting: August 30, OCOEE LANDINGS PUD Substantial amendment to Lot 4, Phase 1 B 2022 of the PUD/LUP to allow a 3-store 51,680SF 0 City Commission E Silver Star Road mixed -use building consisting of meeting 18t Reading: Parcel# 16-22-28-4532-00-140 commercial/retail and 46 apartments September 20, 2022 1� 77 acres combined as an approved use for the PUD. 0 City Commission Commission District 2 — Rosemary meeting 2nd Reading: Wilsen October 4, 2022 Under 1st Review *NEW PROJECT Planning & Zoning OCOEE LANDINGS PUD Meeting: August 30, E Silver Star Road Large Scale Site Plan consisting of 2022 Parcel # 16-22-28-4532-00-140 commercial/retail and 46 apartments 0 City Commission 1. 77 acres combined as an approved use for the PUD meeting: October 4, Commission District 2 — Rosemary 2022 Wilson 0 Under 1 st Review *NEW PROJECT 0 Planning & Zoning OCOEE OAKS JOINT Meeting: August 30, 2022 VENTURE rezone approximately 5.71 acres along City Commission 201 S. Clark Rd. White Road to R-1A in order to develop a Meeting 1st Reading: Parcel # 21-22-28-0000-00-027 residential subdivision. September 20, 2022 12.59 acres City Commission 2nd Commission District 2 — Rosemary Reading: October 4, Wilsen 2022 Planning & Zoning OCOEE OAKS UMC Meeting: TBD 201 S. Clark Rd. Special Exception was requested to allow a 0 City Commission Parcel # 21-22-28-0000-00-027 monopine style communication tower on a Meeting: TBD 12.59 acres parcel zoned A-1 0 1 st Review comments Commission District 2 — Rosemary sent July 6, 2022 Wilsen Pending resubmittal for 2nd review OCOEE OAKS UMC 201 S. Clark Rd. 1 st Review comments Parcel # 21-22-28-0000-00-027 Small Scale Site Plan for a 135-foot sent July 6, 2022 12.59 acres communication tower Pending resubmittal Commission District 2 — Rosemary for 2,d review Wilsen Planning & Zoning Meeting: TBD *NEW PROJECT City Commission OCOEE TOWN SHOPS Meeting 16t Reading: TBD 9 729 W Colonial Dr. Parcel# 21-22-28-0000-00-070 Rezoning to PUD to allow Gas Station Use City Commission Meeting 2nd Reading 3.39 acres TBD: Commission District 2 — Rosemary Ist Review comments Wilsen sent on 08/26/2022 Pending resubmittal for 2nd review O'REILLY'S OCOEE 0 Approved for 1891 E Silver Star Road Small Scale Site Plan for a 7,453 SF construction Parcel # 16-2-28-8049-00-003 O'Reillys Auto Parts store Pending Pre- 5.06 acres Construction Meeting Commission District 2 — Rosemary Wilsen 5 1 P a g e O'REILLY'S OCOEE 0 City Commission 1891 E Silver Star Road Meeting (Consent Parcel # 16-2-28-8049-00-003 Plat Item): TBD 5.06 acres 0 31d review Comments Commission District 2 — Rosemary sent June 7, 2022 Wilsen Awaiting resubmittal SIRI OFFICE BUILDING 3872 Old Winter Garden Road Parcel # 28-22-28-0000-00-019 Small Scale Site Plan for 28,000 SIF Office 0 Under 2nd review 1.25 acres Building Commission District 2 — Rosemary Wilsen SIRI OFFICE BUILDING 3872 Old Winter Garden Road City Commission Parcel # 28-22-28-0000-00-019 Non -Substantial Amendment to the PUD (Consent Item): June 1.25 acres 21,2022 Commission District 2 — Rosemary Wilsen VMG OFFICE BUILDING FKA 4 LOCOS TACO REVISIONS 10 1 W Silver Star Road Parcel# 18-22-28-4100-00-171 Small Scale Site Plan, two-story 6,300 SF Under Construction 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 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 WEST ORANGE SURGERY CENTER 3422 Old Winter Garden Road 2n' review DRC 3432 Old Winter Garden Road Small Scale Site Plan for an 11,500 SF comments sent on Parcel # 29-22-28-0000-00-030 Surgery Center August 9, 2022 Parcel# 29-22-28-0000-00-029 Pending resubmittal 1.26 acres combined for 3rd review Commission District 2 — Rosemary Wilsen ONE 6 1 P a g e 409 OCOEE APOPKA ROAD PUD Large Scale Preliminary/ Final Site Plan for 409 Ocoee Apopka Road Parcel # 18-22-28-0000-00-056 two Industrial Warehouse Buildings totaling Approved for Construction 61,797 SF 4.76 acres Commission District 3 — Richard Firstner • Planning & Zoning *NEW PROJECT Meeting: September 429 BUSINESS CENTER 13,2022 • City Commission PHASE 11 EAST Meeting: September 450 Ocoee Apopka Road Large Scale Preliminary Site Plan for three 20,2022 Parcel # 18-22-28-0000-00-006 (3) one-story buildings totaling 126,402 SF 0 DRC Comments for 11.21 acres combined 18t Review sent on Commission District 3 — Richard 08/31/2022. Firstner Pending resubmittal for 2nd review *NEW PROJECT 429 BUSINESS CENTER PHASEIIWEST 0 Planning & Zoning 701 Pine Street Meeting: September 707 Pine Street 13,2022 711 Pine Street Large Scale Preliminary Site Plan for a one- City Commission Parcel # 18-22-28-0000-00-005 story building consisting of 70,720 SF Meeting: September Parcel # 18-22-28-0000-00-106 20,2022 Parcel # 18-22-28-0000-00-105 0 DRC Comments sent 5.90 acres combined on 08131/2022 Commission District 3 — Richard Firstner *NEW PROJECT ALL STAR CORPORATE Large Scale Preliminary Site Plan to construct two (2) buildings. Building one will 0 Planning & Zoning HEADQUATERS be a two-story building on the east side of Meeting: TBID 606 Ocoee Apopka Road. the property totaling 42,932 SF for City Commission Parcel # 18-22-28-0000-00-001 Commercial, and building two will be a one- Meeting: TBD 5.27 acres story building on the west side of the 0 Under 18t Review Commission District 3 — Richard property totaling 23,652 SF for industrial. Firstner ANDY'S OCOEE 0 Approved for Maguire Rd. Small Scale Site Plan to construct 1,919 SF Construction Parcel # 30-22-28-0000-00-020 building for a Drive -Through Frozen Custard 0 Pending pre- 2.09 acres Shop construction Commission District 3 — Richard meeting Firstner CHRISTIAN BROTHERS AUTOMOTIVE West Colonial Dr. Small Scale Site Plan for a 5000 SF Plan APPROVED for Parcel # 20-22-28-9138-03-000 Automotive Service Building construction on November .62 acres 24,2021 Commission District 3 — Richard Firstner 7 1 P a g e DANIEL/RAY COMMERCIAL DEVELOPMENT DANIELS VETERINARY SERVICES 11700 IN Colonial Drive Preliminary/Final Site Plan APPROVED for Parcel# 30-22-28-0000-00-074 10,806 SF Veterinary Clinic on lot 1 Construction on June Parcel # 30-22-28-0000-00-002 Commercial Development on lots 2 & 3 22,2022 Parcel # 30-22-28-0000-00-035 6.95 acres combined Commission District 3 — Richard Firstner EXPRESS SIGNS BUILDING ADDITION 637 Palm Drive Small Scale Plan for a 22,042 S.F., one- Site Plan APPROVED Parcel# 13-22-27-6649-02-000 story warehouse building 4.23 acres Commission District 3 — Richard Firstner FIRST CHOICE DOOR AND MILLWORK 393 Enterprise Street Small Scale Site Plan for a 4,000 SF Parcel# 19-22-28-9153-02-601 detached storage building and associated Under Construction 1.26 acres parking and utility improvements Commission District 3 — Richard Firstner HAMPTON INN BY HILTON AKA COMFORT INN — Approved for MAINSTAY SUITES Construction on April 11401 W Colonial Dr. Preliminary/Final Large -Scale Site Plan for a 4,2022 Parcel # 19-22-28-0000-00-007 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 HUDSON FURNITURE 1 It Review comments 10401 W Colonial Dr. Small Scale Site Plan to add an additional sent on 08/29/2022 Parcel # 20-22-28-4238-00-030 13,866 SF to the existing 15,615 SF Building Pending resubmittal Commission District 3 — Richard for 2n' review 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 1.46 acres story, Office Building Commission District 3 — Richard Firstner INSPIRATION TOWN CENTER AND LUXURY Large Scale Preliminary/Final Site plan, 90 HOMES luxury townhouses, with four commercial 820 Tomyn Blvd buildings consisting of a preschool, with Parcel # 30-22-28-0000-00-017 office and retail space Under Construction Maguire Road Building 1 (one-story pre-school) 13,681 SF 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 Building 4 (one-story retail) = 3,591 SF Firstner LAKE LILLY 2802 Old Winter Garden Road APPROVED for Parcel # 29-22-28-0000-00-007 Large Scale Final Site Plan for 410 Luxury Construction on 16.61 acres Multifamily Rental Units January 6, 2022 Commission District 3 — Richard Firstner LOVE MOTORSPORTS 0 APPROVED for 11953 W. Colonial Drive Small Scale Site Plan for building Construction on Parcel # 19-22-28-0000-00-073 renovations and addition of 5,338 SF for a November 24, 2021 2.54 acres showroom of new vehicles and sales 0 Pre -Construction Commission District 3 — Richard meeting scheduled for Firstner January 11, 2021 02B KIDS 880 Bluford Avenue 1 11 Review comments Parcel # 20-22-28-0000-00-059 Small Scale Site Plan for a 10,970 SF Day sent on July 12, 2022 Parcel# 20-22-28-0000-00-055 Care Facility and a 6,000 SF Medical Office 0 Pending 2nd review 2.48 acres combined Building submittal Commission District 3 — Richard Firstner OCOEE CORNERS COMMERCIAL DEVELOPMENT PHASE 2 AND SONNY'S BBQ AKA MAGUIRE AND HWY 50 RETAIL Small Scale Site Plan creating four lots, Lot one (1) to include a proposed 4,994 SF 11030 w Colonial Dr Sonny's BBQ standalone restaurant and Parcel# 30-22-28-0000-00-020 future building, Lot 2 has two (2) existing Under Construction 7.33 acres buildings that were constructed under the 1535 Maguire Rd Maguire and HWY 50 Retail Site plan; Lot 3 Parcel# 30-22-28-0000-00-030 & 4 will create open lots. 4.50 acres W Colonial Dr Parcel# 30-22-28-0000-00-061 .01 acres Commission District 3 — Richard Firstner OCOEE MEDICAL OFFICE - ADVENT HEALTH 1100 1 West Colonial Dr. Small Scale Site Plan for a single story, Parcel # 19-22-28-0000-00-024 7,232 SF Medical Office Building Under Construction .61 acres Commission District 3 — Richard Firstner OCOEE-TOMYN SELF STORAGE FACILITY AKA BARKERITAVILLE PUD AKA 0 Site Plan PET PARADISE Preliminary/Final Large -Scale Site Plan APPROVEDon Parcel # 31-22-28-0000-00-050 March 25, 2022 8.13 acres Commission District 3 — Richard Firstner OCOEE VILLAGE 0 Planning & Zoning Franklin Street Large Scale Preliminary Site Plan, for two Meeting: September Parcel # 18-22-28-0000-00-025 (2) two-story buildings with 72,712 sf for 14,2021 5.77 acres office/retail. 0 City Commission Commission District 3 — Richard meeting: October 5, Firstner 2021 0 1 st Review comments sent on August 31, 2021 0 awaiting resubmittal for 2nd review OCOEE VILLAGE GREEN Maguire Rd. 0 2nd Review comments Parcel # 30-22-28-0000-00-020 Small Scale Site Plan to construct sent on 08/26/2022 2.09 acres hardscape common areas 0 Pending resubmittal Commission District 3 — Richard for 3rd review. Firstner PRUITT HEALTH 870 Tomyn Blvd Parcel# 30-22-28-2861-01-0000 10. 73 acres Substantial Amendment to the PUD for a Nursing Facility Under Construction Commission District 3 — Richard Firstner 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 0 Planning & Zoning COVINGTON OAKS Meeting: August 30, 2022 8667 0 City Commission Parcel # 10-22-28-0000-00-004 Rezoning from A-1 (General Agriculture) to meeting 1st Reading: 9.94 acres R-1A (Single Family Dwelling) September 20, 2022 Commission District 4 — George 0 City Commission 2nd Oliver, Reading: October 4, 2022 EVEREST REHABILITATION HOSPITAL AKA OCOEE 0 APPROVED for LANDINGS COMMERCIAL Construction 1842 E Silver Star Road Large Scale Site Plan for a 39,817 SF, 0 Pre -Construction Parcel # 16-22-28-4532-00-040 single -story, Rehabilitation Hospital meeting scheduled for 5.12 acres May 17, 2022 Commission District 4 — George Oliver, 1/1 LAKE MEADOW LANDING (FKA ARDEN LANDING; CIARA PLACE / F.K.A. VILLA ROMA) Large Scale Preliminary/Final Subdivision 2121 North Clarke Road Plan, 88-unit 1,391 SF (per unit) residential Under Construction Parcel # 04-22-28-0000-00-048 townhomes with a 2,400-SF clubhouse 21.05 acres Commission District 4 — George Oliver, /// 10 1 P a g e MEMORY CARE COTTAGES OF OCOEE Large Scale Preliminary/Final Site Plan for a 1900 E Silver Star Rd. Memory / Health Care Facility; proposed site Plan Approved Parcel# 15-22-28-4716-00-130 plan will construct four (4) One -Story Awaiting Pre- 6.92 acres buildings, each building to be around 14,743 Construction Meeting Commission District 4 — George SF Oliver, /// ORCHARD PARK ALF Planning & Zoning 2755 Grapevine Crest Special Exception request for the use of R- Meeting: August 30, Parcel # 04-22-28-6276-00-510 1AA property for the operation of an assisted 2022 .2 acres living facility (ALF) serving ten (10) residents City Commission Commission District 4 — George Meeting: September Oliver, /// 20,2022 PRAIRIE LAKE SUBDIVISION Ocoee Vista ParkwaylAD Mims Road Preliminary Final Subdivision Plan to Parcel # 09-22-28-0000-00-056 construct 78 lots, each containing a two- Under Construction 11. 99 acres story townhome Commission District 4 — George Oliver, /// RESERVE AT LAKE MEADOWS City Commission 2149 Lauren Beth Avenue A Large -Scale Final Subdivision plan for 210 meeting (Consent Parcel # 04-22-28-0000-00-024 single-family homes Item): November 16, 18.58 acres 2021 Commission District 4 — George Under 611 review Oliver, /// WYNWOOD PHASE 1 & 2 FKA CLRM 44 W McCormick Road Parcel # 33-21-28-0000-00-007 100 E McCormick Road Large Scale Preliminary/Final Subdivision to construct 190 single-family residential lots in Under Construction Parcel # 34-21-28-0000-00-022 Phase 1 & 2 with stormwater ponds, open 3201 Trout Lake Road space, and park/recreation area and 187 lots Parcel # 33-21-28-0000-00-020 for Mass Grading in Phase 3 & 4 212.30 acres Commission District 4 — George Oliver, /// WYNWOOD PHASE I & 2 FKA CLRM 44 W McCormick Road Parcel # 33-21-28-0000-00-007 City Commission 100 E McCormick Road Meeting (Consent Parcel # 34-21-28-0000-00-022 Plat for Wynwood Phase 1 & 2 for 190 lots item): September 20, 3201 Trout Lake Road 2022 Parcel # 33-21-28-0000-00-020 212.30 acres Commission District 4 — George Oliver, /// 111 Page H Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 Human Relations Diversity Board 6:15 pm City Hall 5 Lila3ORD,0Y 6 7 8 9 10 Citg tiall Clo6v-d City GemmiWOR 6-45 City HA pm Canea,10 11 Patriot Vag 12 13 14 15 16 17 Planning & Zoning Red Light Hearing Commission 9:00 am City Hall 6:30 pm City Hall Ocoee TV Live Tentative Budget Hearing 6:00 pm Uty Hall Ri-7mg,mblzring gfll 09/20 Agenda items due to City Clerk 09/20 Staff Reports due to City Manager 09/20 Agenda Published Ocoee TV Uve is 19 20 21 22 Fire.,110wi of 1`611 23 24 Parks and Recreation CRA Budget Meeting Fina� Budget Hearing Citizen Advisory Council Advisory Board 5:00 pm City Hall 6:00 pm City Hall to Police Dept. 6:00 prn Parks Bldg City Commission Ocoee TV Live 7:00 pm City Hall 6:15 pm City Hall Ocoee TV Live 25 26 27 28 29 30 Code Enforcement 7:00 pm City Hall Ocoee TV Live FO 10/04 Agenda Items due to City Clerk 10/04 Staff Reports due to City Manager 10/04 Agenda Published