04-09-2019 Minutes 1 /
Ocoee
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, April 9, 2019
I. CALL TO ORDER - 6:33 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Chair Joel Keller, Vice-Chair Lavon Williams, Member Rodger
Wunderlich
Absent: Member Marc Bernstein (absent/unexcused)
Also Present: City Planner Mike Rumer, Deputy Development Services
Director/CRA Administrator Ginger Corless, Urban Designer Peter Kisicki, 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 February 12, 2019.
Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by
Vice-Chair Williams: Motion passed unanimously with Member Bernstein absent.
III. OLD BUSINESS -None
1
Planning&Zoning Commission
April 9,2019
IV. NEW BUSINESS — Public Hearings
A. Dog Friendly Restaurants Land Development Code Amendment (LDC); Project No:
LS-2018-005. (Advertised in the West Orange Times on Thursday, March 28, 2019) (Deputy
Development Services Director/CRA Administrator Corless) (6:35 pm)
Deputy Development Services Director/CRA Administrator Corless presented a brief
overview of this proposed amendment. She stated Florida is the first State in the Union to enact a
law allowing dogs in outdoor dining areas. Following suit,municipalities from across the state are
now adopting local ordinances. Section 509.233, Florida Statutes, allows the governing body of a
local government to establish by ordinance a local exemption procedure to certain provisions of
the Food and Drug Administration Code, as currently adopted by the Division of Hotels and
Restaurants,to allow dogs within designated outdoor portions of food service establishments. The
local West Orange Chambers Advocacy Initiative is attempting to increase the dog friendly
restaurants within the West Orange County area. Currently, there are over 300 dog friendly
restaurants within Orange County, which is one of the top spots in the nation to be dog friendly.
This proposed amendment to the City of Ocoee's Land Development Code would add Section 5-
20 entitled,"Dog Friendly Restaurants"in order to provide the terms,conditions,and requirements
for a food service establishment to acquire and maintain a permit to allow dogs in designated
outdoor areas within the City of Ocoee. There currently are seven (7) food service establishments
in Ocoee that allow dogs in their outside dining area. These establishments will need to comply
with the new ordinance. If the ordinance passes, Development Services will contact those food
service establishments to alert them of the new code and informing the restaurants that a permit
will be required.
The following is a summary of the proposed amendment to Chapter 180, Article V, of the City of
Ocoee Land Development Code as presented in the Ordinance.
1. A food service establishment must possess a valid permit from the City of Ocoee that
is issued in accordance with Section B. of the ordinance. Any establishment seeking to
allow dogs in outdoor dining areas must complete a detailed application and pay an
annual fee of$100.00. The permit is not transferable and must be renewed annually.
2. Section 2.B. of the ordinance provides detail information pertaining to the permit
application. Both the Owner of the establishment and the Applicant must sign the
permit. A sketch of the outdoor dining area must be provided as well as days/hours of
operation.
3. Section 2.C. of the ordinance provides the general regulations regarding the following:
a. Dogs must be leashed, stay within the designated outdoor dining area and not
be allowed on any furniture (seats, tables, etc.).
b. Employees must wash their hands after coming in contact with a dog; however,
they should never pet a dog while serving food or beverages.
c. Waterless hand sanitizer must be on every table and patrons are encouraged to
wash their hands before they eat.
2
Planning&Zoning Commission
April 9,2019
d. Dogs are not to come in contact with any serving dishes, tableware, or linen.
The establishment or the dog owner may use dishes that are specifically
designated for dog use.
e. Dogs waste is to be removed immediately. A dog waste kit must be within 10
feet of the outdoor dining area.
f The food service establishment must install signs as called for in Section C. (1)
of the ordinance.
g. The food service establishment must report any incident or complaint to the
City of Ocoee's Development Services Department. If there is aggressive
behavior, such as a dog bite, such activity must also be reported to the Orange
County Animal Services Division as well as the City of Ocoee.
4. The provisions of Section 5-20 may be enforced by code enforcement or law
enforcement personnel. Any public food service establishment that fails to comply
with the requirements of this Section shall be guilty of violating the City of Ocoee
Code and shall be subject to all enforcement proceedings provided in general law
and in the City of Ocoee Code, including Chapter 7, Code Enforcement Action,
Section 1-12, Penalties for Offenses and Chapter 16, Violations. If a violation is
deemed to be a public nuisance or a public safety issue, the City may seek injunctive
or declaratory relief or other civil remedy. Remedies may include fines, in accordance
with Chapter 16, Fine and Fee Schedule, as amended, penalties, and/or a revocation
of a Permit and nonrenewal of a Permit. Each day a violation exists it shall constitute
a new and separate offense.
Development Review Committee(DRC)Recommendation:
The Development Review Committee(DRC)met on April 2,2019, at 3:00 p.m. to discuss the addition of Section 5-20
Dog Friendly Restaurant to the City of Ocoee's Land Development Code. Following their discussion, the DRC
unanimously approved the amendment to the Land Development Code.
Staff Recommendation:
Based on the research performed and opportunity to increase the economic viability of Ocoee's food service
establishments, staff recommends amending Article V of the City of Ocoee Land Development Code to add a new
Section 5-20, to establish a local exemption, to allow dogs in designated outdoor dining areas of food service
establishments.
Discussion:
Member Wunderlich asked if this would apply to all breeds of dogs. Deputy Development
Services Director/CRA Administrator Corless answered if a dog has been designated as a
dangerous dog,they are not allowed on the establishment. Member Wunderlich asked if any size
dog is allowed. Deputy Development Services Director/CRA Administrator Corless clarified
there is not a size stipulation.
Chair Keller mentioned he has been to many dog-friendly restaurants with his Great Danes and
never had any complaints about their size in the establishments. He also stated he believes there is
a State ruling where Pit Bulls are to not be excluded from anything. Deputy Development
Services Director/CRA Administrator Corless reiterated there is not a breed stipulation;
however, if a dog has been deemed dangerous, they are not allowed on the premise.
3
Planning&Zoning Commission
April 9,2019
Vice-Chair Williams asked for clarification on the fine and fee schedule. Deputy Development
Services Director/CRA Administrator Corless indicated the fine and fee structure is being
researched and compared to other municipalities prior to final adoption.
Member Wunderlich clarified that dogs cannot be on furniture and furnishings, but could they
be on laps. Deputy Development Services Director/CRA Administrator Corless said the
regulation indicates furnishings only;however,if a dog is over the table and eating off a plate,then
that would be an issue. She emphasized every dog must be leashed.
(6:46 pm)
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed amendment.
Linda Main, 1938 N. Lakewood Avenue, Ocoee, asked whether the dog bowls would be washed
in the same area that the patrons' plates would be washed. Deputy Development Services
Director/CRA Administrator Corless indicated patrons could bring their own doggie bowls,and
that the establishment will have a separate washing area for the dog bowls, which is stated in the
State Statutes.
The public hearing was closed.
(6:48 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of Amending Article V of
the LDC and Add Section 5-20, Establishing Local Exemptions to Allow Dogs in
Designated Outdoor Dining Areas of Food Service Establishments, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Wunderlich, Seconded by Vice-Chair Williams; motion passed
unanimously with Member Bernstein absent.
B. CLRM Planned Unit Development (PUD) Annexation, Large Scale Comprehensive
Plan Amendment and Rezoning to Planned Unit Development/Land Use Plan
(PUD/LUP); Project No(s): AX-09-18-77, CPA-2018-008 & RZ-18-09-15. (Advertised in
the West Orange Times on Thursday, March 28, 2019) (City Planner Rumer) (6:49 pm)
City Planner Rumer presented a PowerPoint explaining this proposed project, which is n'
approximately 212.3 acres in size and is located south of W. McCormick Road and west of N.
Apopka Vineland Road. This parcel is currently zoned "Orange County" Agriculture (A-1) and
has an"Orange County" Rural Settlement 1/5 Land Use designation. Currently on this site are two
single-family dwellings built in 1935 and 1975 as well as two warehouses built in 1939; and
furthermore, this parcel also contains an airplane landing strip. The Applicant is requesting a
voluntary annexation, which meets Florida Statutes as it is contiguous to the City of Ocoee along
the southern boundary. The proposed annexation has been reduced from the 212.3 gross acres to
193.22 gross acres. A portion of the site is not being annexed and will remain in Orange County
to not create an enclave.
4
Planning&Zoning Commission
April 9,2019
This project proposes a subdivision with 381 detached single-family homes on 193.22 acres with
68 acres of open space and a density of 1.8 dwelling units per acre. The proposed project will front
W. McCormick Road with two in/out accesses to the West Orange Trail, which is adjacent along
the south side of the development.
City Planner Rumer further explained the City's process with this land use plan, which will be
transmitted to the State, several other State agencies and several surrounding municipalities for
review and comment. The site is located within Orange County's utility service area, and is
proposing to connect to Orange County's public utilities for water and sewer. The City will provide
reclaimed water to the site. He explained the traffic study, which has been reviewed by two
transportation consultants and will be reviewed by Orange County. A School Concurrency
informal review found the project will have to mitigate for 72 new elementary students, 36 new
middle school students,and 49 new high school students. Fire services will be provided by Orange
County and the City through a Joint Responder Agreement.
City Planner Rumer explained this development proposes large tree buffers around the entire
perimeter with the homes located in the middle providing a lot of open space. The proposed lot
sizes are 40, 50 and 60 feet. There is a proposed amenity center and stormwater retention. He
advised there will be no development along the West Orange Trail.
Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) met on Tuesday, January 29, 2019. The DRC made a
recommendation of approval for the Annexation, Large 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 Annexation, Large Scale Comprehensive Plan Amendment "Orange County" Rural
Settlement 1/5 to "City of Ocoee" Low Density Residential, and Rezoning to Planned Unit Development
(PUD).
Discussion:
The applicant was present for questions.
Member Mellen asked if all of the trees are going to stay where the buffer is around the site or if
everything will be bulldozed. City Planner Rumer answered the trees will stay.
Vice-Chair Williams asked whether single-family homes are still required to have two trees on
every lot. City Planner Rumer advised the City has a requirement of three trees per lot. Vice-
Chair Williams indicated she is concerned there may be future utility issues within this p
community with the clustering of trees. City Planner Rumer explained sometimes "street trees"
are not able to be achieved because of underground utilities, as most utilities in the newer
developments do run under the sidewalks. He advised three trees per lot can be achieved, and the P
City does have a landscape architect on staff to assist developers to meet the canopy requirements.
Chair Keller asked whether the FAA is involved at all with the airplane landing strip. City
Planner Rumer said he is unaware if the property owner will notify any agency, but perhaps the
5
1
1 iPlanning&Zoning Commission
i
April 9,2019
i
applicant will know. Chair Keller asked whether a traffic signal will be installed at the corner of
Apopka Vineland Road and McCormick Road with the additional traffic; however, he does
understand they are both County roads. City Planner Rumer indicated a traffic signal has not
been discussed in that area, but the City is retiming the signals on Clarke Road from the mall to
Clarcona Ocoee Road and installing a traffic signal at Ingram Road. He emphasized the traffic
analysis indicates the trip generation did not trigger a requirement for a traffic signal or a
proportionate share towards a traffic signal.
1
1
Kathy Hattaway, AICP,Applicant, Poulos &Bennett LLC, 2602 E. Livingston Street, Orlando, 1
gave a PowerPoint presentation explaining the property, the land use designations,the annexation I
and rezoning. She indicated when they submitted their Comprehensive Plan Amendment
Application, they evaluated how this project is consistent with the goals, objectives and policies
of the City's Comprehensive Plan to which they have provided such justification for staffs review. t
They also provided the following public service analyses: roads, solid waste, water, wastewater,
environmental and transportation analyses. She spoke about the requested rezoning of Low-
Density PUD or PUD/LD, and stated it is consistent with surrounding properties.
t
Ms. Hattaway highlighted features within the proposed Land Use Plan such as preserving the
almost 100 acres around the entire site boundary including Trout Lake and the wetlands;
significant buffers with the smallest buffer being 70 feet; development which is concentrated into f
the center of the site; passive and active parks with a three-acre park on the southern border which
will connect to the West Orange Trail; an amenity center in the northwest section with other parks I
scattered throughout the development; and viewsheds in the form of land or ponds (natural areas),
instead of homes, will be placed at the end of streets throughout the community. Ms. Hattaway t
discussed density expressing this development has a gross density of 1.97 units per acre. The
proposed Future Land Use Designation allows up to four(4)units per acre. She listed the densities
of other adjacent communities,which are from one(1)unit to four(4)units per acre. Ms. Hattaway
concluded her presentation requesting the Board to recommend approval of the annexation,
transmittal of the Comprehensive Plan Future Land Use Map (FLUM) to the Florida Department
of Economic Opportunity(DEO) and to recommend approval of the Land Use Plan(LUP)zoning.
I
Ms. Hattaway further discussed the airplane landing strip on the property. She mentioned if there
is a process to go through a decommission, they will ensure that the proper procedures are
followed.
k
Member Mellen asked how the gross density is configured. Ms. Hattaway explained the 193
acres is divided into the 381 proposed units. Member Mellen asked what the rear setbacks are and
the distance between the homes. Ms. Hattaway said the setbacks are 20 feet with 10 feet in
between the homes.
i
Chair Keller asked if the development will need a building for meetings. City Planner Rumer
said, based on the LDC, the number of lots within a subdivision determines the different types of
amenities that can be provided. He indicated such buildings have turned into graffiti, theft and
insurance nightmares; and furthermore, covered pavilions are being put in place instead of small
amenity buildings. Chair Keller asked if there will be another access to the West Orange Trail
i
1
6
1
1
i
Planning&Zoning Commission
April 9,2019
besides the southern boundary park. Ms. Hattaway indicated the only access will be at the
southern boundary and not on the eastern boundary because of topographical changes.
Vice-Chair Williams asked what the width of the interior roads will be inside the subdivision;
and further,will the roads be able to accommodate passage of vehicles with double-parked vehicles
on both sides of the road. Ms. Hattaway answered the internal roads will be 50-foot right-of-way,
which is fairly significant; however, these details will be worked through with City staff at the
final site plan stage.
(7:28 pm)
Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak
on this proposed project.
Charlie Hardiman, 5861 N. Apopka Vineland Road, Orlando, represented himself and five (5)
residents who were present and filled out speaker forms. He indicated this present plan is a far
more articulated plan than the one that was presented about a year and a half ago during which he
felt the developers had been very condescending and uncaring towards the surrounding residents
within the rural settlement. He mentioned the residents of the rural settlement have always known
that development was coming,but wanted to address a couple of issues and express their opinions.
He stated he believes the developers are taking an easy way out with the access on McCormick
Road; and further,that Clarcona Ocoee Road does have better access capacity. He discussed many
traffic congestion concerns and emphasized that currently the rural settlement is already inundated
with traffic. He is concerned with the termination of the Joint Planning Agreement with Orange
County. He is concerned with the nearby Clarcona Horseman's Park that hosts a lot of shows
throughout the year. He is asking the developers to do the following: reconsider the entrance off
of McCormick Road, ensure the greenspace, work with Orange County traffic engineering, and
plan this development consciously and knowledgeably.
Dale Sanders, 125 Piney Woods Road, Apopka, indicated he resides in Oak Hill subdivision,
which is north of this site off of Damon Road. He stated Oak Hill is approximately 20 homes with
mostly elderly residents; and furthermore, their concerns are the following: the annexation,
McCormick Road, clearing the trees on the site, bicycle/pedestrian safety where the West Orange
Trail intersects McCormick Road,the width of interior roads within the development, and a traffic
signal need to be installed on both ends of McCormick Road.
Robert Yost, 2321 Laurel Blossom Circle, Ocoee, Vice-President of Forest Trails HOA, which is
adjacent to the south of this site. He asked if this will be a gated community, which was answered
• in the negative. Their concerns are as follows: The West Orange Trail, Clarcona Horseman's Park,
the buffer zones especially along the West Orange Trail, and traffic. He asked what type of buffer
zone(wall/fence)will be place along the West Orange Trail,which is adjacent to their community.
He discussed in more detail the traffic concerns regarding turning lanes and traffic signals.
Troy Corbin, 2220 Laurel Blossom Circle, Ocoee, President of Forest Trails HOA, which is
adjacent to the south of this site. He stated their primary concern is traffic. He indicated he would
prefer to see the proposed park along the West Orange Trail and adjacent to his community be
located somewhere else within the development. He also would like the entrance to the West
Orange Trail be reconsidered for a different location, because Forest Trail's entry point is just east
7
1
Planning&Zoning Commission
April 9,2019
of this development's proposed entry point; and further,the entry points on the West Orange Trail
tend to get very busy.
Bill Williams,3101 Oak Alley Drive, Apopka, indicated he has resided in the Oak Hill subdivision
for 22 years, which is at the north end of Damon Road off of McCormick Road. He said he would
like the school analysis numbers recalculated, because he stated the elementary school zoned for
this area is at capacity. He mentioned over the last couple of years traffic on Apopka Vineland
Road and Ocoee Apopka Road has increased especially between 7:00 am to 8:30 am. He stated
currently there are no traffic signals on McCormick Road on either end, which will create a lot of
problems in the future. He is concerned with wildlife migration. He asked for the board to take a
long, hard look at the development, because it will exacerbate traffic conditions.
Curtis Stone, Jr., 7745 Stone Road, Apopka, stated he has been a Clarcona resident since 1950
and is concerned with the retention pond in the northeastern section of the property; and further,
asked why that is going over a cattle and sheep dipping vat that was there in the 20's and 30's
where arsenic was used to kill ticks and lice on the cattle and sheep. He pointed out Trout Lake
and another small lake north of Trout Lake, and emphasized he does not understand how homes
are able to be built in those areas where the lakes currently are. He stated his concerns with the
access point on McCormick Road, because currently the traffic is bumper-to-bumper in the
mornings and afternoons into the evenings.
Hattie McGriff, 580 Sky Top Drive, Ocoee, asked how the City benefits from annexing the
parcels. She is concerned about the traffic. Chair Keller answered the City benefits from receiving
income from property tax and impact fees.
Francis Diaz, 2473 Laurel Blossom Circle, Ocoee, stated he lives in Forest Trails where they
enjoy the rural landscaping and lifestyle compared to New York City where he moved from. He is
concerned about environmental aspects with wildlife, trees, and wetlands. He inquired what the
City does with the income from the property taxes. He asked whether there are any protocols that
the City has or the residents may have that may protect the land from monopoly builders who
continue to build.
City Planner Rumer addressed many of the concerns stated by speakers. He stated there is an
Arbor Code for removal/replacement of trees (standard—three trees per lot). The Arbor Review is
done at the final subdivision plan.He explained the annexation process and the benefits(tax/impact
fees) with annexing into the City. He explained the traffic analysis. He said the interior roads in
the development will be the standard 50-foot right-of-way. He also stated Orange County is the
owner/maintainer of McCormick Road; and further, advised them to call their district
commissioner to work through the County concerning the installation of traffic signals. He
mentioned there is no requirement to buffer residential to residential; and further, the green space
is to look and be kept as it is. He explained this development is not a large traffic generator, but
turn lanes into the development will be studied at the next phase; and further,this development did
not trigger the need to widen McCormick Road. An environmental study has been completed,
which gets transmitted to the Florida Fish and Wildlife Conservation Commission for review.
8
Planning&Zoning Commission
April 9,2019
Wayland Strickland, 3141 Oak Alley Drive, Apopka, Oak Hill subdivision, advised that
McCormick Road is a narrow two-lane road, and traffic backs up frequently on both ends of the
road which is a problem. He stated New Destiny Church is on the corner of McCormick Road and
Clarcona Road which holds services three to five times a week and causes a lot of traffic issues.
He stated it is already difficult to get onto McCormick Road from Damon Road, which is the only
access to get to the Oak Hill subdivision. He spoke about Clarcona Horseman's Park and that there
are riders on horses along Damon Road and McCormick Road, which may cause problems. He
stated this development is too dense and asked that a third less homes be built.
Paul Smith, 3125 Oak Alley Drive, Apopka, Oak Hill subdivision, asked if the City is also
annexing in the section of the West Orange Trail and maintaining it. City Planner Rumer
answered in the negative indicating the legal description in the annexation is only the property
boundaries. Mr. Smith spoke about his concerns regarding the traffic and schools.
Barry Reiter, 106 West McCormick Road, Apopka, said his residence is immediately adjacent to
this proposed development. He informed them that what the City has sent them is not what is being
presented. He is concerned about the trees and traffic especially regarding the school buses with
the railroad tracks off of Apopka Vineland Road and Clarcona Ocoee Road. He shared his concerns
about the schools. He discussed the aircraft landing strip located on the property, which is called
Carter Field. He explained the airstrip with regards to emergency landings and the importance of
getting this airstrip off of the Jepps. He said the Orange County Sherriff s office are utilize this
landing strip all the time for training.
Donald Lunko, 203 Piney Woods Road, Apopka, Oak Hill subdivision, spoke about the open
space along the perimeter of this proposed development and asked that only minimal changes be
made to this buffer and that it be mandated for the trees to be left intact. He requested that the City
mandate that the proposed density of 1.97 be the final density,which cannot be changed if the plan
is revised.
Chair Keller explained the buffers and density are tied into the Planned Unit Development(PUD)
which cannot be changed unless it comes back for an amendment. City Planner Rumer
corroborated.
Ms. Hattaway, Applicant, confirmed that the perimeter buffers will be left in place and the
development will be tucked inside of the perimeter buffers. She indicated a southern access to
Clarcona Ocoee Road cannot be done, because the developer does not own any land to create a
south accessway; and further, there are elevation limitations for an access onto Apopka Vineland
Road. She discussed the park adjacent to the West Orange Trail, which is proposed on the section
of the trail that is furthest away from the neighborhood adjacent to the south. She addressed the
traffic concerns; and further, expressed that the developer will have to pay for any mitigation if
this development causes any roads to fail.
The public hearing was closed.
Member Wunderlich asked if an access to the south is possible.Ms.Hattaway said unfortunately
it is not possible.
9
Planning&Zoning Commission
April 9,2019
Vice-Chair Williams referred to a statement from the public about pedestrian safety where the
West Orange Trail meets Apopka Vineland Road and asked whether pedestrian safety is addressed
in this plan or later. City Planner Rumer said offsite pedestrian safety is not a Level of Service
Test that is provided for in a Large Scale Comprehensive Plan Amendment. Pedestrian safety is
done in the traffic engineering road design phase or an improvement within the offsite right-of-
way.
(8:42 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the CLRM Planned
Unit Development (PUD) Annexation; Project No: AX-09-18-77, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by Member
Wunderlich, Seconded by Vice-Chair Williams; motion passed unanimously with
Member Bernstein absent.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the CLRM Planned
Unit Development (PUD) Large Scale Comprehensive Plan Amendment from
Orange County Rural Settlement 1/5 to City of Ocoee Low Density Residential;
Project No: CPA-2018-008, subject to resolution of the remaining staff comments before
the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member
Mellen; motion passed unanimously with Member Bernstein absent.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the CLRM Planned
Unit Development(PUD) Rezoning to Planned Unit Development(PUD); Project No:
RZ-18-09-15, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Mellen, Seconded by Member Wunderlich;
motion passed unanimously with Member Bernstein absent.
City Planner Rumer announced this item will be heard next week at the April 16, 2019 City
Commission meeting at 6:15 pm or soon thereafter for the transmittal public hearing and first
reading of ordinances.
C. Phase 1 Lot 8 of Fountains West Planned Unit Development (PUD) Preliminary and
Final Site Plan (PSP/FSP) for Summit Self Storage; Project No: LS-2018-005.
(Advertised in the West Orange Times on Thursday, March 28, 2019) (City Planner Rumer)
(9:57 pm)
City Planner Rumer presented a brief overview of the Fountains West PUD property, which is
located on the northeast corner of the intersection of West Road and Ocoee Apopka Road. The
property is approximately 43.03 acres of land, and approximately 4.73 acres was designated to the
City as wetland/conservation. As part of the onsite wetland mitigation, 1.1 acres was dedicated to
the City as a Public Trail (Tract G). The approved PUD created eight(8)commercial lots of which
one (1) lot is designated as a shopping center (Lot 6-Publix) and another as a large church facility
(Lot 8-Living Waters Church). On June 18, 2018,the PUD Land Use Plan received approval for a
10
Planning&Zoning Commission
April 9,2019
Substantial Amendment to the PUD,which changed the permitted uses of Lot 8 from a church use
to include commercial, self-storage, and daycare uses. The revision to the PUD also included
phasing the project in two (2) separate phases.
City Planner Rumer explained this Phase 1 Preliminary/Final Site Plan will include a 102,600
sq. ft. three-story indoor self-storage facility and approximately 18,000 square feet of retail space
or day care on 11.73 acres. The self-storage is proposed to be accessed via an internal drive aisle
within the building, and 19 exterior parking spaces will be provided. Additional improvements
include an access drive aisle and master stormwater retention/detention for all phases of the
development. The applicant is working on providing a future location for the Ocoee Fire
Department in Phase 2.
Development Review Committee(DRC)Recommendation:
The Development Review Committee(DRC)met on March 4, 2019, and reviewed the Large Scale Preliminary/Final
site plan. The applicant provided a revision answering all outstanding comments. The DRC voted unanimously to
recommend approval of the Large Scale Preliminary/Final Site Plan for Summit Self Storage.
Staff Recommendation:
Staff recommends that the Planning and Zoning Commission recommend Approval of the Large Scale
Preliminary/Final Site Plan for Summit Self Storage.
Discussion:
The Board had no questions or comments.
Ty Maxey,Applicant, Summit Construction Management Group,indicated he is present to answer
any questions; and further,thanked City Planner Rumer and City staff for their diligent work with
this project.
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.
(10:03 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Phase 1 Lot 8
Fountains West PUD Preliminary and Final Site Plan (PSP/FSP); Project No: LS-
2018-005, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Mellen, Seconded by Vice-Chair Williams;
motion passed unanimously with Member Bernstein absent.
D. Fountains West Commons Planned Unit Development (PUD) Small Scale
Comprehensive Plan Amendment; Project No: CPA-2019-001. (Advertised in the West
Orange Times on Thursday, March 28, 2019) (City Planner Rumer) (10:04 pm)
City Planner Rumer presented a brief PowerPoint presentation on this proposed Small Scale
Comprehensive Plan Amendment, which is located on the west side of Lot 8 and directly west of
a designated "Light Industrial" parcel owned by the petitioner. This subject property is
approximately 5.35 acres in size,currently undeveloped and sparsely covered with a small mixture
of sand pine, scrub and laurel oak trees with other varieties of trees scattered around the property.
11
Planning&Zoning Commission
April 9,2019
The existing Future Land Use designation is Low Density Residential and Light Industrial. This
subject property is being proposed as an extension of an existing"Light Industrial"property,which
lies to the east. The Applicant proposes to incorporate this land into the Fountains West PUD with
a re-platted new name of Fountains West Commons. The project will consist of a three (3)
commercial lot subdivision on 11 acres. The Fountains West PUD and Fountains West Commons
are situated on the northeast corner of the intersection of West Road and Ocoee Apopka Road,
which are designated as arterial roadways. He concluded by saying this is a simple revision to the
map.
Development Review Committee(DRC)Recommendation:
The Development Review Committee(DRC)met on March 4,2019, and reviewed the proposed Small Scale Land Use
Amendment. No issues were raised, and the DRC voted unanimously to recommend approval of the proposed Small
Scale Amendment.
Staff Recommendation:
Staff recommends that the Planning and Zoning Commission recommend Approval of the Small Scale Land Use
Amendment from "City of Ocoee"Low Density Residential to "City of Ocoee" Light Industrial for Fountains West
Commons PUD.
Discussion:
The Board had no questions or comments.
Ty Maxey,Applicant, Summit Construction Management Group, indicated he is present to answer
any questions.
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.
(10:06 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Fountains West
Commons PUD Small Scale Comprehensive Plan Amendment; Project No: CPA-
2019-001, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Wunderlich, Seconded by Vice-Chair
Williams; motion passed unanimously with Member Bernstein absent.
E. Ocoee Village Center PUD Large Scale Comprehensive Plan Amendment and
Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP); Project No(s):
CPA-2018-006 & RZ-18-06-09. (Advertised in the West Orange Times on Thursday, March
28, 2019) (City Planner Rumer) (8:56 pm taken out of Agenda order)
City Planner Rumer presented a PowerPoint presentation explaining the subject properties are
approximately+/-73.17 acres of vacant/undeveloped land with an existing zoning of R-1A Single-
Family Dwelling and located on the north side of Clarcona Ocoee Road and east of SR 429, South
of Clarcona Ocoee Road and east of N. Lakewood Avenue and east of the intersection of Fullers
Cross Road and N. Lakewood Avenue. The site is located within the SR 429 Interchange Village
Character Area. He described this high density residential and commercial mixed-used community
12
Planning&Zoning Commission
April 9,2019
will include 150,000 square foot of commercial, 196 townhome units and 316 apartment units.The
apartments with a club house are proposed to be within the northern section south of SR 429 with
the townhomes in the southern section south of Ocoee Clarcona Road with commercial in between.
This plan will create a new alignment for North Lakewood Avenue with a roundabout at Fullers
Cross Road and North Lakewood Avenue. He stated this project will have a development
agreement, which will list the permitted/prohibited uses and a requirement that limits the amount
of residential until a threshold of commercial is achieved.
Urban Designer Kisicki discussed the multi-family aspects, design and urban design quality of
this proposed project. He explained this development will be very different from the vast majority
of Ocoee and more like what is happening within the downtown and CRA areas. He indicated the
apartment and townhomes will be rear-loaded with parking in the back of the homes to preserve
the streetscapes. He indicated this development is located within the SR 429 Interchange Village
Character Area and currently meets three (3) out of the seven (7) design principles and possibly
more can be met later through architectural designs. The three principles are: 1) Promotes
pedestrian-oriented activities; 2) Defined-edge streetscape and terminating axis to enhance the
area's overall sense of place; 3) Parking is behind building units to reduce the visual impact of
parking.
City Planner Rumer explained the idea of the character area is to provide access, create blocks
and through-points for pedestrian and multi-mobility type of travel while utilizing public open
space;and further,the proposed townhome development meets this intent by being a private,gated
community and will provide a transportation network to connect the subdivision to the east with
cross-access to the west commercial areas. The character area is also met by providing a public
park with a large sidewalk and trail connection. This site is located within the City's utility service
area and proposing to connect to public utilities for water and sewer. There is an existing 12-inch
water main and force main on N. Lakewood Avenue and westerly on Fullers Cross Road. An
extension is required. Approval of the proposed water and sewer utility plan is required prior to
the approval of the final subdivision/site plan. Sewer is available south of Fullers Cross Road, but
an extension and lift station will be required.
City Planner Rumer discussed the commercial site where the following proposed uses are general
retail, full service/fast food restaurants, a grocery store, a bank, a hotel, and a proposed gas station
with limitations.
Development Review Committee(DRC)Recommendation:
On January 29, 2019, the DRC met to determine if the proposed Large Scale Comprehensive Plan Amendment and
Rezoning to PUD was consistent with the City's regulations and policies. When the discussion was finished, the DRC
voted to recommend approval of the Large Scale Comprehensive Plan Amendment and Rezoning to PUD/Land Use
Plan for Ocoee Village Center.
Staff Recommendation:
Staff recommends that the Planning&Zoning Commission recommend approval of the Large Scale Comprehensive
Plan Amendment from Low Density Residential to High Density Residential and Commercial and a Rezoning to
PUD/PUD Land Use Plan for Ocoee Village Center,subject to the comments made from staff
13
Planning&Zoning Commission
April 9,2019
Discussion:
Vice-Chair Williams asked if there are any prohibitions regarding billboards, signage, and cell
towers with regards to the apartments along SR 420. City Planner Rumer explained billboards
are prohibited within the City of Ocoee. He explained cell towers are located on parcels, which
has to go through a City process; however, there are no regulations regarding the newer
communication towers located in the right-of-ways. He said there is required signage criteria
which needs to be met within the Land Development Code (LDC).
Member Wunderlich indicated it is a bit jarring that a high-density development like this would
pop up in the midst of a low-density area. City Planner Rumer said this character area is an urban
blight.
Chair Keller asked where in relation to this development is the West Orange Trail and whether it
will be connected. City Planner Rumer indicated it is too far away to connect.Discussion ensued
regarding the speed limit on North Lakewood Avenue and what the proposed speed limit may be
if this development goes forward.
The applicant was present for questions.
Richard Wohlfarth, P.E.,Applicant, Wohlfarth Consulting Group, 246 North Westmonte Drive,
Altamonte Springs, thanked City staff and presented a PowerPoint describing this proposed
project. He explained this proposed Master Development Plan will contain 316 apartments, 196
townhomes and numerous commercial uses. His overview of this proposed project included the
following: Redevelopment Catalyst, Walkability and Open Space, Project Benefits, and meeting
the criteria of the Interchange Village Character Area. In summary, he explained that this project
will generate over $750,000 for the City of Ocoee in ad valorem taxes at build-out, create an
exciting new entrance to the City of Ocoee, facilitate much needed infrastructure to the North
Lakewood Avenue area and would be the foundation for a sustainable mixed-use community.
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed project.
Libardo Lambrano, 1703 N. Lakewood Avenue, Ocoee, mentioned he likes the project. He
explained he recently bought the property on N. Lakewood Avenue to be close to the Innovation
Montessori Ocoee School, which he stated is an environmentally friendly, sustainable school. He
believes the proposed gas station does not belong in this area by the sustainable solar-powered
school. In conclusion,he stated he does not like the bank,because mobile banking is more popular.
The public hearing was closed.
(9:56 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 Village
Center PUD Large Scale Comprehensive Plan Amendment; Prosect No: CPA-2018-
006,
subject to resolution of the remaining staff comments before the City Commission
meeting; Moved by Member Wunderlich, Seconded by Member Mellen; motion passed
unanimously with Member Bernstein absent.
14
•
Planning&Zoning Commission
April 9,2019
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ocoee Village
Center PUD Rezoning to Planned Unit Development Land Use Plan (PUD/LUP);
Project No: RZ-18-06-09, subject to resolution of the remaining staff comments before
the City Commission meeting; Moved by Vice-Chair Williams, Seconded by Member
Mellen; motion passed unanimously with Member Bernstein absent.
F. Homes in Partnership—330 13th Avenue Annexation and Rezoning; Project No(s): AX-
08-17-67 & RZ-17-08-07. (Advertised in the West Orange Times on Thursday, March 28,
2019) (City Planner Rumer) (10:12 pm)
Planner Hines gave a PowerPoint presentation explaining this proposed project, which is located
on the south side of 13th Avenue, 150 feet west of Peters Avenue. The Parcel ID Number is 08-22-
28-5956-10-031 and is approximately+/-0.17 acres.The subject parcel has one(1)existing single-
family residence. The Applicant is annexing into the City limits in order to receive a City potable
water connection. The subject property is considered contiguous to the City of Ocoee since it is
bordered by property located within the City limits on the east. The parcel will receive an "R-1"
(Single-Family Dwelling) zoning upon annexation. This property is part of an enclave in the City
and already benefits from Ocoee Fire Rescue services via a joint First Responder Agreement with
Orange County. The property will require City of Ocoee water service. 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:
On April 2, 2019, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's
regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of
the annexation and rezoning.
Staff Recommendation:
Based on the above analysis and the subsequent DRC recommendation,Staff recommends that the Planning&Zoning
Commission (LPA), recommend approval of the annexation and rezoning from Orange County "R-2"(Low Density
Residential)to City of Ocoee "R-1"(Low Density Residential)of the property known as Homes in Partnership,located
at 330 13th Ave.
Discussion:
The applicant was not present for questions.
The Board had no questions or comments.
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.
(10:14 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Homes in
Partnership — 330 13th Avenue Annexation; Project No: AX-08-17-67, subiect to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Wunderlich, Seconded by Member Mellen; motion passed unanimously
with Member Bernstein absent.
15
Planning&Zoning Commission
April 9,2019
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Homes in
Partnership — 330 13th Avenue Rezoning; Proiect No: RZ-17-08-07, subiect to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Vice-Chair Williams, Seconded by Member Mellen; motion passed unanimously
with Member Bernstein absent.
G. Homes in Partnership—340 13th Avenue Annexation and Rezoning; Project No(s): AX-
08-17-68 & RZ-17-08-08. (Advertised in the West Orange Times on Thursday, March 28,
2019) (City Planner Rumer) (10:08 pm)
Planner Hines presented a PowerPoint presentation explaining this proposed project, which is
located on the east side of 13th Avenue, 130 feet west of Peters Avenue. The Parcel ID Number is
08-22-28-5956-10-020 and is roughly +/- 0.17 acres. This subject parcel has one (1) existing
single-family residence. The Applicant is annexing into the City limits in order to receive a City
potable water connection. The subject property is considered contiguous to the City of Ocoee since
it is bordered by property located within the City limits on the east; and, if approved, will receive
an"R-1" (Single Family Dwelling) zoning upon annexation. This property is part of an enclave in
the City and already benefits from Ocoee Fire Rescue services via a joint "First Responder"
Agreement with Orange County. The property will require City of Ocoee water service. 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:
On April 2,2019, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's
regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of
the annexation and rezoning.
Staff Recommendation:
Based on the above analysis and the subsequent DRC recommendation,Staff recommends that the Planning&Zoning
Commission (LPA), recommend approval of the annexation and rezoning from Orange County "R-2"(Low Density
Residential)to City of Ocoee"R-1"(Low Density Residential)of the property known as Homes in Partnership,located
at 340 13th Ave.
Discussion:
The applicant was not present for questions.
The Board had no questions or comments.
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.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Homes in
Partnership — 340 13th Avenue Annexation; Project No: AX-08-17-68, subiect to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Mellen, Seconded by Member Wunderlich; motion passed unanimously
with Member Bernstein absent.
16
Planning&Zoning Commission
April 9,2019
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Homes in
Partnership — 340 13th Avenue Rezoning; Project No: RZ-17-08-08, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Vice-Chair Williams, Seconded by Member Mellen; motion passed unanimously
with Member Bernstein absent.
V. MISCELLANEOUS
A. Project Status Report
City Planner Rumer updated the Board with the following:
• Asked Member Wunderlich if he likes the new Project Status Report. Member
Wunderlich said it is wonderful as did the rest of the board.
• There will be a meeting in May and possibly no meeting in June.
• Advised there is a budget for Planning and Zoning shirts if they are interested.
Vice-Chair Williams advised she left her agenda packet at her office; and further, she wanted to
inform everyone she has been viewing the agenda and documents off of her phone.
B. April Calendar- No updates
Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Vice-
Chair Williams, Seconded by Member Mellen; motion passed unanimously with
Member Bernstein absent.
VI. ADJOURNMENT - 10:18 pm
ATTEST: APPROVED:
?/j
athy H rd, Recording lerk Joel , e er, hair
pi
17