01-08-2019 Minutes ocoee
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, January 8, 2019
I. CALL TO ORDER - 6:30 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Chair Joel Keller, Member Marc Bernstein, Member Jason Mellen, Member
Rodger Wunderlich
Absent: Vice-Chair Lavon Williams (NE)
Also Present: City Planner Mike Rumer, Planner Greg Hines, Assistant City Attorney
Dana Crosby-Collier and Recording Clerk Kathy Heard
II. CONSENT AGENDA
A. Minutes of the Planning &Zoning Commission Meeting held November 13, 2018.
(6:31 pm)
Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by
Member Bernstein: Motion carried unanimously with Vice-Chair Williams absent.
III. OLD BUSINESS - None
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Planning&Zoning Commission
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IV. NEW BUSINESS — Public Hearings (6:32 pm)
(Agenda was taken out of order)
B. 3872 Old Winter Garden Road Annexation, Small Scale Comprehensive
Plan Amendment and Rezoning to Planned Unit Development (PUD);
Project No(s): AX-07-18-75, CPA-2018-007, RZ-18-07-12. (Advertised in the
West Orange Times on Thursday, December 27, 2018) (City Planner Rumer) (6:32 pm)
City Planner Rumer presented a brief PowerPoint presentation on this proposed annexation,
small scale comprehensive plan and rezoning. The subject site is currently undeveloped and
approximately 1.25 acres in size and located on the south side of Old Winter Garden Road, east
side of Hempel Avenue. The parcel is currently zoned A-1 and has a Low Density Residential
Land Use designation. A new 7-Eleven convenience store and gas station was constructed
adjacent on the west side. This parcel is eligible for annexation because it is adjacent to the City
of Ocoee on the north side. However, it is not within the City's utility boundary; therefore, the
utilities will be provided by Orange County.
City Planner Rumer explained the applicant is proposing to annex the property into the city
limits of Ocoee; further, changing the JPA and Future Land Use Designation from low density
residential to professional office with a Small Scale Comprehensive Plan Land Use Amendment;
and lastly, rezoning to Planned Unit Development (PUD) with a specific land use plan. This
proposal is to develop a three-story 33,200 square feet medical office complex on 1.25 acres.
Parking is being proposed under the building and in the rear and side with an access point at Old
Winter Garden Road. City Planner Rumer indicated upon annexation the applicant would have
to petition Orange County to vacate a portion of right-of-ways adjacent on the east and south
sides of this parcel in order to meet the PUD Land Use Plan associated with the rezoning.
Stormwater retention is being proposed in underground vaults under the parking. Future cross-
access is being provided, if needed.
Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) met on Wednesday, January 2, 2019. The DRC made
a recommendation of approval for the Annexation, Small Scale Comprehensive Plan Amendment
and Rezoning.
Staff Recommendation:
Staff recommends that the Planning & Zoning Commission acting as the Land Planning Agency
recommend approval of the proposed Annexation, Small Scale Comprehensive Plan Amendment
from Low Density to Professional Offices and Services, and Rezoning to Planned Unit
Development(PUD).
Discussion:
The applicant was present for questions.
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January 8,2019
Member Wunderlich asked whether the 7-Eleven is in the City's boundaries to which City
Planner Rumer answered it is not. The 7-Eleven is within Orange County.
Member Mellen inquired if there will be any line of sight issues with the homes behind the 50
foot tall building. City Planner Rumer indicated the proposed plan shows the building be built
closer to the road. He indicated the applicant is proposing to retain a lot of the big oak trees on
the parcel; and further, he discussed the distances between the proposed office building to the
homes adjacent on the back of the property.
Brian Denham, Applicant, Denham Engineering LLC, 5212 Timberview Terrace, Orlando,
thanked City staff for their assistance and the board for allowing him to present this project. He
described the proposed building to be around 32,400 square feet with parking underneath the
building as well as in the parking lot. This is planned to be medical offices with regular business
hours of 8:00 am to 5:00 pm. He explained numerous reason of why annexing into the city is
beneficial. For example, the City's allotted setbacks would allow the building to be built closer
to the road, which would save a lot of the existing big trees; and further, the City of Ocoee's
approval process is quicker than Orange County. He emphasized they have recently worked with
the City of Ocoee on other projects, which he stated to be a very good and fair experience.
City Planner Rumer explained the City's fence requirement regarding a non-residential
adjacent to residential for buffering; and furthermore, there will be a six-foot wall with
appropriate landscaping in between the medical office building and the residential homes.
Brian Denham, Applicant, continued with explaining the various elevations of the proposed
building, which also illustrated to scale the existing oak trees they are planning to save. He noted
his plans go beyond what is required to submit to the City and illustrates what the neighboring
homes adjacent in the back would view from their homes, which would be the six-foot masonry
wall and big oak trees. He discussed the signage and benefits this project would bring to the
City's entry corridor.
(6:58 pm)
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed project.
Elmer Carrier, 3885 Shadowind Way, Gotha, mentioned he invited Orange County
Commissioner Betsy VanderLey tonight who is not present, but had spoken with her in the past
about the wall that was supposed to be built between the homes and the adjacent 7-Eleven, which
was never built, because Market Street was not vacated. He asked what assurance the neighbors
can obtain that Market Street will be vacated and a wall will be built between the office building
and their adjacent homes in the back. He is concerned about the close distance between the
parking lot and the adjacent homes; and further, requested the wall be an eight (8) foot wall, if
possible. He further shared he has lived in the home just adjacent to the retention pond, which
has never retained water. However, he stated water has been sitting in the retention pond since
May of 2018. He further requested a traffic study at Old Winter Garden Road and Hempel
Avenue. He concluded with expressing the adjacent neighbors would rather have a two-story
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January 8,2019
office building instead of a three-story office building. He stated he believes that Arlington
Avenue would need to be vacated as well.
Member Wunderlich asked if he is requesting an eight (8) foot wall; and further, inquired what
his goal is. Elmer Carrier said he personally feels the 7-Eleven wall was taken care of
underhandedly, because the community was given an assurance that the wall would be built. He
further shared his goal is to make the board aware of the impact this is creating on their
community and the adjacent homeowners. He further expressed the desires of the homeowners
would be an eight (8) foot wall instead of a six (6) foot wall along with removing the existing
PVC fence to where the wall would be the only boarder between the office building and the
adjacent homes.
City Planner Rumer briefly stated that the Orange County Property Appraiser's office
determines whether or not a road will be vacated and where the vacated road will be. This is not
determined by the City or the County.
Marc McAllister, 3980 Shadowind Way, Gotha, shared Mr. Carrier has already spoken about
some of his concerns, but he highlighted that their neighborhood is a privately-managed
community; and further, since the 7-Eleven opened their doors there has been a significant
increase in traffic and car accidents in which he believes public safety is a big issue here. He
stated noise and storm drainage are factors as well as an invasion of privacy for the homeowners.
He asked the board to not recommend the annexation.
Edward Huk, 3873 Shadowind Way, Gotha, stated from the audience that he would reiterate
what Mr. Carrier stated.
Doreen Hargraves, 10533 Oakview Pointe Terrace, Gotha, stated for more than 10 years she
has participated with the Gotha Community Association in protecting the rural settlement. She
explained since this property backs up to the rural settlement, they are very concerned with the
buildout along with annexing the parcel and changing the footprint. She stated Gotha is unique
due to their five- to ten-acre lot subdivisions. She mentioned with Health Central Hospital
expanding and more and more doctor offices opening up, it is really impacting Hemple Avenue.
She asked the board to not recommend the annexation, because it has a Gotha address. She
further stated she spoke with the Orange County Property Appraiser's office today and said they
are unsure if this parcel is zoned commercial or zoned low density residential in which she asked
for clarification. Chair Keller said it was announced it is low density residential. Doreen
Hargraves indicated they would love it if they would keep it at low density residential; and
further, requested the board to not recommend this annexation and rezoning.
Brian Denham, Applicant, explained they are going to try to negotiate with Health Central
Hospital to tie into their sewer, and they will be utilizing Orange County for water service. He
explained 7-Eleven did not have to vacate their portion of Market Street, and he further
explained right-of-ways. He stated they never applied for anything with Orange County; and
further, explained he went to speak with them about the process, but decided to attempt to annex
this property into the City of Ocoee. He addressed the water in the retention pond stating that
currently the seasonal high water levels are up.
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City Planner Rumer showed the board the Joint Planning Agreement map (JPA) with Orange
County with respect to annexation. He emphasized this parcel is within the City's JPA. The
utility boundary is within Orange County. He further explained Gotha is within the City of
Ocoee's JPA; and further, any new business by law needs to request to be annexed into the City
of Ocoee.
Member Wunderlich asked whether an eight (8) foot high wall is prohibited. City Planner
Rumer said it is not prohibited, but eight (8) foot walls are not typical buffers between these
types of zonings. Brian Denham, Applicant, indicated it is their intent to plant a type of
vegetation that will grow above the six (6) foot wall such as bamboo, Crape Myrtles or
Podocarpus. He further said he is happy to work with the residents, and he has some ideas to
assist them with the 7-Eleven.
Chair Keller said he understands the concerns with the retention pond, but he lives across from
a lake where the floating dock has not floated in 14 years and it is currently floating. He further
stated he is not so sure the issue is the gas station, but most likely the water levels are higher.
City Planner Rumer explained this is just the first phase. The next step is the preliminary site
plan or the preliminary and final site plan, which is required to go through the public hearing
process again where the public can view the civil engineered plans, if the City Commission
adopts this annexation, small scale comprehensive amendment and rezoning.
Elmer Carrier questioned if they have an alternative plan to maintain the stormwater since the
water within the retention pond is currently at a high level, which yielded no response from the
applicant, board or staff.
Member Wunderlich asked City Planner Rumer what other establishments could go on this
parcel. City Planner Rumer indicated with the current zoning of low density residential most
likely one house on the 1.25 acres. However, if it were rezoned to C-1 (Commercial), that could
entail a gas station, retail shops, restaurants or offices. Member Wunderlich stated he does not
believe there is anything else that is better for this site than a medical office.
The public hearing was closed.
(7:34 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the 3872 Old Winter
Garden Road Annexation; Proiect No: AX-07-18-75, subiect to resolution of the
remaining staff comments before the City Commission meeting: Moved by Member
Wunderlich. Due to lack of second, the motion died.
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Planning&Zoning Commission
January 8,2019
(7:35 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, Does Not recommend to the Ocoee City Commission Approval of the 3872
Old Winter Garden Road Annexation; Project No: AX-07-18-75, subiect to resolution
of the remaining staff comments before the City Commission meeting; Moved by
Member Mellen; Seconded by Member Bernstein. Motion failed 2-2 with Vice-Chair
Williams absent.
Chair Keller inquired where this item now stands. Assistant City Attorney Crosby-Collier
explained the annexation will proceed to the City Commission without a recommendation of
approval or denial from this board; and further, because the annexation was not recommended,
the small scale comprehensive amendment and rezoning were never voted on.
C. Ocoee Town Shops Substantial Planned Unit Development (PUD)
Amendment; Project No: RZ-18-06-08. (Advertised in the West Orange Times on
Thursday, December 27, 2018) (City Planner Rumer) (7:38 pm)
City Planner Rumer presented a PowerPoint presentation outlining the proposed amendment to
the Ocoee Town Shops PUD. This site is currently undeveloped, approximately 3.39 acres in
size and located on the northwest corner of Clarke Road and West Colonial Drive (SR 50). The
current approved Land Use Plan proposes a mixture of uses which are commercial, retail,
restaurant, restaurant with a drive-thru facility, medical offices, and financial services. The
approved Preliminary Subdivision Plan proposes three (3) commercial lots, which are sized to fit
the proposed building structures. All of the lots will be serviced by a common tract (Tract "A").
Tract "A" will address the requisite infrastructure (access, parking, sidewalks, landscaping, etc.)
improvements. The Preliminary Site Plan proposes three (3) one-story structures with a total
gross floor area of 30,443 square feet. The allocation for the total square footage for each use
proposed is: 16,358 square feet of commercial, 4,500 square feet of financial
services/commercial/drive-thru restaurant, and 9,585 square feet of restaurant space.
City Planner Rumer indicated the applicant is proposing to amend the PUD Land Use Plan by
reducing the overall square footage from 30,443 square feet to 27,750 square feet in order to
accommodate a revision to Lot 1. Lot 1 is only approved for combined restaurants from 3,285
and 6,300 square feet. The applicant proposes to amend the plan to change from a restaurant use
to a 15,750 square foot strip retail/restaurant building. Also, the Land Use Plan is being revised
to move the stormwater from under the parking to a retention pond.
City Planner Rumer said other aspects of this site remain the same such as the wall and
fountain features in the front of the establishment off of SR 50. The existing left-turn lane on
Clarke Road is still planned to be used for the main entrance. Water, sanitary sewer, reclaimed
water, solid waste and police & fire protection will be provided by the City.
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Planning&Zoning Commission
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Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) met on Wednesday, January 2, 2019. The DRC made
a recommendation of"no objection"to the proposed changes.
Staff Recommendation:
Staff recommends that the Planning & Zoning Commission recommend approval of the
Substantial Amendment to the Ocoee Town Shops PUD Land Use plan to amend Lot 1.
Discussion:
The applicant and owner were present for questions.
Member Mellen asked if there currently are any possible future tenants. City Planner Rumer
said there are not.
Member Wunderlich said he notice that the Development Review Committee (DRC) made a
recommendation of no objection. City Planner Rumer explained when the DRC met for this,
there were no Land Development Code (LDC) implications.
Bill Hockensmith, Applicant, Florida Engineering Group, 5127 S. Orange Avenue, Orlando, is
present representing Dr. Neil Coskun, Owner. He explained they have tried marketing the
property for a sit-down restaurant, but unfortunately that has been unsuccessful. They have
looked at the traffic in this area, and stated there is less traffic than in 1999, but they hope it will
pick up now that the construction on SR 50 is wrapping up; however, there are a lot of other
major roads that are taking traffic away from this vicinity. He stated they have provided city staff
an updated site plan, which he handed out to the board. He mentioned they are reducing the PUD
by about 2,700 square feet, because they have changed the underground stormwater to a
retention pond. He stated they are proposing signs on both the SR 50 and Clarke Road frontages;
and further, he stated the west side facing SR 50 will look like an actual storefront. They will be
building a water feature on SR 50 to mirror the water feature at the West Oaks Mall.
Member Wunderlich asked whether any of the restaurants will have a drive-thru service.
City Planner Rumer answered only one building has that ability.
Mike Charron, Broker, Real Property Specialists, Inc., 2345 West Sand Lake Road, Orlando,
announced this property has been actively on the market for the past 10 years seeking to meet the
City's desires. He discussed their various attempts of trying to locate sit-down restaurants to
occupy this site. He explained this new proposed amendment will be an asset to the city with an
attractive building that has glass on both sides and includes parking in the rear.
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed project. As no one wished to speak, the public hearing was closed.
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Planning&Zoning Commission
January 8,2019
(7:57 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ocoee Town
Shops Substantial Planned Unit Development (PUD) Amendment; Proiect No: RZ-
18-06-08, subiect to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Mellen, Seconded by Member Wunderlich;
motion passed 4-0 with Vice-Chair Williams absent.
(Whereupon, a short break was taken and reconvened at 8:01 pm.)
A. Arden Park Phase 4A Large Scale Preliminary & Final Site Plan
(PSP/FSP); Project No: LS-2018-014. (Advertised in the West Orange Times on
Thursday, December 27, 2018) (City Planner Rumer)
City Planner Rumer presented a brief overview of this preliminary and final site plan for Arden
Park, which is located on the north side of Clarcona Ocoee Road and situated between Hobson
Road and Ingram Road. The Arden Park North Phase 4A (PSP/FSP) is a residential subdivision
that proposes a total of 90 single-family residential lots. The minimum residential lot standards
are from 45 feet by 120 feet, 55 feet by 120 feet and 65 feet by 120 feet. All corner lots in the
development will be required to maintain a 20-foot setback from the side streets. Phase 4A of the
Arden Park North will have one main access point until the later phases develop. The main
access point will be located on the southern portion of the property that is adjacent to Clarcona
Ocoee Road. This access point will line up with the main access point of the existing Arden Park
South (Arden Park PUD Phase 1) subdivision.
City Planner Rumer explained as part of the Development Agreement the developers have to
design and engineer the plans for the west two lanes of Clarke Road along with finishing the
Clarke Road extension; however, they do not have to construct it until they break ground on this
phase (Phase 4A) of the development. To the east of this development is Oak Trail Reserve. Oak
Trail Reserve has already constructed the east two lanes of the Clarke Road extension for a short
distance.
Chair Keller stated that Clarke Road is a two-lane road south of Clarcona Ocoee; and further,
inquired if this development will be constructing that two-lane road into a four-lane road.
City Planner Rumer explained the Development Agreement also requires the developers to
design and engineer the southbound lanes of Clarke Road to approximately Orchard Park Drive.
He further advised there is a 15 acre piece of land left out, which the developers have to offer to
Orange County School Board; however, the school board does not want the property, and the
developers will be coming back with another phase to develop the 15 acres. He advised the board
the City does realize there are traffic issues in this vicinity; and further, a signal timing study was
recently completed from SR 50 north to Clarcona Ocoee Road, which will be presented in the
near future to the City Commission for a remedy. As part of this Phase 4A development, the
developers are also required to pay $250,000 towards a future signal on Clarcona Ocoee Road.
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Planning&Zoning Commission
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Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) met on January 2, 2019, and reviewed the
Preliminary/Final Subdivision Plan for Arden Park North Phase 4A. The DRC voted unanimously
to recommend approval of the Preliminary/Final Subdivision Plan, subject to the resolution of
any remaining staff comments.
Staff Recommendation:
Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning
Commission recommend approval of the Preliminary/Final Subdivision Plan for Arden Park North
Phase 4A, subject to resolving any remaining staff comments before the City Commission
meeting.
Discussion:
The applicant was not present for questions.
Member Mellen indicated a few residents have commented on the traffic back-ups, which he
stated are currently going past AD Mims Road, and asked if there are any future goals to widen
the roads. City Planner Rumer explained as part of the Capital Improvement Program there is a
timeline that the residents can view to see what the future holds for Clarke Road as far as signal
timing and future extensions.
Chair Keller suggested if the City is going to put new traffic lights in, they may want to
consider installing one at Hackney Prairie Road.
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed project. As no one wished to speak, the public hearing was closed.
(8:17 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Arden Park
Phase 4A Large Scale Preliminary & Final Site Plan (PSP/FSP); Project No: LS-
2018-014, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Bernstein, Seconded by Member Mellen;
motion passed 4-0 with Vice-Chair Williams absent.
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V. MISCELLANEOUS
A. Project Status Report
City Planner Rumer updated the Board with the following:
• An update on 4 Locos Tacos — The design for the sewer connection is
completed along with one (1) cost estimate. They will be getting another
cost estimate. The building permit is complete as well as the architectural
plans to which it is almost ready for approval.
• Introduced Greg Hines, Planner I, who recently joined the City. He is
currently obtaining his Master's Degree at UCF in Urban Regional
Planning and Public Administration.
B. January Calendar - No updates
Motion: Move to adjourn the Planning and Zoning Commission meeting: Moved by
Member Mellen, Seconded by Member Bernstein; motion passed unanimously with
Vice-Chair Williams absent.
VI. ADJOURNMENT - 8:20 pm
ATTEST: APPROVED:
Kathy Hea •, ecording Clerk •' a er, Chair
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