05-14-2019 Minutes Ocoee
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MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, May 14, 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, Vice-Chair Lavon Williams, Member Jason Mellen,
Member Rodger Wunderlich, (1 Vacant Chair)
Absent: None
Also Present: City Planner Mike Rumer, Planner Greg Hines, Assistant City
Attorney Dana Crosby-Collier and Recording Clerk Kathy Heard
Special Appearance: Mayor Johnson
II. CONSENT AGENDA
A. Minutes of the Planning & Zoning Commission Meeting held April 9, 2019.
(6:31 pm)
Motion for Approval of the Consent Agenda: Moved by Vice-Chair Williams, Seconded
by Member Wunderlich; Motion carried unanimously.
III. OLD BUSINESS -None
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IV. NEW BUSINESS — Public Hearings
A. RusTeak - 11077 Roberson Road Annexation, Small Scale Comprehensive
Plan Amendment and Rezoning to Commercial; Project No(s): AX-04-19-
81, CPA-2019-003,RZ-19-04-04. (Advertised in the West Orange Times on Thursday,May
2, 2019) (City Planner Rumer) (6:32 pm)
City Planner Rumer presented a brief overview of this proposed annexation, Small Scale
Comprehensive Plan Amendment and Rezoning to Commercial. This site is approximately 2.93
acres in size and is located on the north side of Roberson Road,west of the intersection of Maguire
Road and Roberson Road. There is a single-family home and some outparcels on this subject site.
The parcel is currently zoned A-1(Orange County) and has a Professional Offices and Services
Land Use Designation adopted under the Future Land Use Map. On the east side there is a
professional office complex. On the west side a veterinary office was recently converted from a
single-family home. On the north side a single-family dwelling on 4.92 acres exists and is located
in Orange County's jurisdiction. The future land use of the north side property upon annexation
into Ocoee will be Professional Office. On the south side a retail center including a day care and
Walgreens is located in front of a 276 unit apartment community.
City Planner Rumer indicated the Applicant is requesting to annex into the Ocoee City limits
which will allow connection to City water and sewer. This parcel meets the State's requirements
for annexation as it is contiguous to the City on the east and south. The proposed small scale land
use amendment is under 10 acres, which would change the site to professional office and service
to commercial; and lastly, rezoning the property to C-3 (Commercial).
City Planner Rumer discussed how the property will be accessed from Roberson Road via a
right-in and right-out. This site will have a stormwater pond, parking, and lift station related to a
site plan that will be submitted to the Development Services Department. A site plan is not under
review and will be submitted under a separate review.
Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) will meet on Monday, May 13, 2019. The DRC
recommendation will be provided under a separate cover at the Planning and Zoning hearing.
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 Professional Offices and Services to Commercial, and Rezoning C-3 (General Commercial).
Discussion:
The applicant and owners were present for questions.
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Vice-Chair Williams questioned the compatibility of this proposed restaurant with the
surrounding professional offices and businesses in the existing area. City Planner Rumer
explained the land use maps they are referencing does not indicate the use of the existing land use
within that area.
Brian Butter,Applicant and Owner, 1568 Maguire Road, Ocoee, announced that he and the other
co-owner were present to answer any questions the Board may have.
Member Wunderlich inquired if the proposed establishment would be the same or similar to their
current restaurant in Ocoee. Mr. Butter said it will be a full-service restaurant, which will be
elevated slightly to be more welcoming, but the standards and capacity of 150-200 will be the
same.
(6:41 pm)
Chair Keller opened the public hearing and asked if there was anyone present who wishes to speak
on this proposed project.
Tim Blaise, 2723 Maguire Road, Ocoee, indicated he owns the office complex adjacent to this
site. He stated his concerns about compatibility, safety pertaining to traffic, traffic patterns
regarding the median down the center of Roberson Road, pests with the dumpsters, and basically
how this may impact his tenants and property. He asked if there will be some type of barrier
between the properties. He said he likes RusTeak, and would like to work together to be able to
understand their ideas of this proposed new location.
City Planner Rumer explained the next steps, which would be the site plan review. If it does not
meet any of the code requirements for commercial restaurant, a waiver would need to be brought
before the City Commission. He further explained the compatibility use from a planning
perspective indicating the nearby offices are predominantly eight-to-five whereas this restaurant
is a lunch, dinner, and after-dinner establishment. He does not see any compatibility issues with a
restaurant/office use as these uses are adjacent in a lot of places. He explained there is no buffering
requirement for commercial adjacent to office; however, fencing will be reviewed. He discussed
the traffic and mentioned there is not a big discrepancy between office and commercial trips;
however, the trip type is different in that the restaurant is an off-peak trip.
Member Wunderlich asked about how this item is different than the craft brewery establishment
which was adjacent to a residential neighborhood that the Planning and Zoning Commission
recommended for approval. City Planner Rumer explained the differences between the two
projects and expressed this project is not adjacent to single-family homes.
The public hearing was closed.
(6:51 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the RusTeak 11077
Roberson Road Annexation; Project No: AX-04-19-81, subiect to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Wunderlich, Seconded by Vice-Chair Williams; motion carried unanimously.
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Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the RusTeak 11077
Roberson Road Small Scale Comprehensive Plan Amendment; Project No: CPA-
2019-003, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Vice-Chair Williams, Seconded by Member Mellen;
motion carried unanimously.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the RusTeak 11077
Roberson Road Rezoning to Planned Unit Development (PUD); Project No: RZ-19-
04-04, subject to resolution of the remaining staff comments before the City Commission
meeting; Moved by Member Mellen, Seconded by Vice-Chair Williams; motion carried
unanimously.
B. Greens at Forest Lake Planned Unit Development (PUD) Phase 1 & 2
Large Scale Preliminary and Final Subdivision Plan (PSP/FSP); Project
No: LS-2019-002. (Advertised in the West Orange Times on Thursday, May 2, 2019)
(City Planner Rumer) (6:54 pm)
City Planner Rumer presented a brief PowerPoint presentation on this proposed property, which
is approximately 29.17 acres of vacant/undeveloped land and located on the north side of West
Road, west side of State Road 429 and east of the West Orange Trail. The Large Scale
Comprehensive Plan Amendment for this site was reviewed and approved by the City Commission
on December 4, 2018. This proposed project is to develop the 29.17 acres in two phases as a 200
unit townhome development by Meritage Homes. The amenities will be located in the front of the
development and to be built out in Phase 2. The West Orange Trail runs along the western side of
this development. Phase 1 will encompass development of the townhomes on the western side,
and Phase 2 will be building the townhomes along SR 429 on the eastern side. The
Preliminary/Final Subdivision Plan is consistent with the Greens at Forest Lake PUD/Land Use
Plan. Potable water and sewer services will be provided by Orange County. The City of Ocoee
will provide solid waste services, reuse water, police and fire protection.
City Planner Rumer announced the Development Review Committee (DRC) did meet in April
where they recommended this project for approval.
Development Review Committee(DRC)Recommendation:
A Development Review Committee (DRC) meeting is scheduled for Monday, May 13th. A
recommendation form the DRC will be provided under a separate cover.
Staff Recommendation:
Staff respectfully recommends that the Planning and Zoning Commission recommend approval of
the Preliminary/Final Subdivision Plan for Greens at Forest PUD Phase 1&2, subject to resolution
of staff comments before the City Commission meeting.
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Discussion:
Vice-Chair Williams asked about the property owner to the southwest of this site and whether an
arrangement was worked out. City Planner Rumer said the developer had a meeting with the
property owner,but nothing came to fruition. He emphasized that the property owner's site is more
developable now, because a public road will be provided adjacent to their property. He indicated
the property owners have hired a planner to figure out what uses can go on that site.
Member Mellen said that was his concern as well, because the property owner was worried about
being land-locked.
The applicant was present for 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.
(7:00 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Greens at Forest
Lake PUD Phase 1 & 2 Large Scale Preliminary and Final Subdivision Plan
(PSP/FSP); Project No: LS-2019-002, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Vice-Chair Williams,
Seconded by Member Mellen; motion carried unanimously.
C. Request for Variance—Ali Property, 919 Marlene Drive; Case No: VR-19-
01. (Advertised in the West Orange Times on Thursday, May 2, 2019) (City Planner Rumer)
(7.02 pm)
City Planner Rumer introduced this item to the Board as it is their first variance since the Board
of Adjustments was sunsetted. He explained variances and the request process.
Planner Hines presented a PowerPoint explaining this variance request in which the applicant is
seeking approval for a side-yard setback variance from 7.5 feet to 5 feet to be able to construct a
9-foot by 10-foot one(1)car attached garage on the east side of the home. According to the survey,
the addition will be five (5) feet away from the property to the east and will be right up to the five
(5) foot drainage and utility easement located on the side of the property.
Member Wunderlich asked if there are provisions where the neighbors can agree or disagree with
this request. City Planner Rumer explained that 300-foot notices were mailed out to adjacent
property owners and there was a sign placed in the yard. He further indicated the applicant was
present and brought in signatures from adjacent neighbors who are in favor of this request.
Member Mellen inquired if this would open doors to more residents who want a garage.
City Planner Rumer answered this would not create an opportunity for residents to acquire
permits. These types of permits are on a case-by-case basis.
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Development Review Committee(DRC)Recommendation:
This item does not go before the DRC.
Staff Recommendation:
As indicted on the site survey plan, there is a five (5)foot drainage and utility easement that the
garage will be right up to. The property/subdivision does not contain a retention pond for
drainage purposes; the surrounding land is relatively flat; drainage can become an issue; and fire
code concerns due to proximity with neighboring property structure can become a safety issue.
Furthermore, the applicant does not satisfy the four criteria contained in Subsection 4-9 A. of The
Ocoee Land Development Code (LDC). Based on the findings stated above, staff does not find the
variance requested by Mohamad Ali supportable. Should the Planning and Zoning Commission
make a finding consistent to staff?Staff recommends that any decision be conditioned on factual
interpretation of code requirements and public testimony related to such provisions.
Discussion:
The applicant/owner was present for questions.
Mohamad Ali, Applicant/Owner, 1408 Vickers Lake Drive, Ocoee, indicated he has lived on
Vickers Lake Drive for the past 17 years, and he really enjoys living in Ocoee. He owns several
properties in Ocoee. He explained if this variance request is approved, it would allow his house to
be similar to surrounding homes with garages.
Vice-Chair Williams asked if the surrounding homes have garages to which Mr. Ali answered in
the affirmative.
Member Mellen asked if he lives in this home or whether it is a rental. Mr. Ali answered that his
son lives in this home who owns a car and three motorcycles. Member Mellen inquired whether
there is any flooding on this property when it rains. Mr.Ali said throughout the past 10 years there
has never been any flooding or water issues on the property.
Assistant City Attorney Crosby-Collier advised nine adjacent neighbors living on Marlene Drive
signed a"No Objection" petition from Mr. Ali, which was handed out to the Board.
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.
Chair Keller read to the Board the requirements they must find in order to recommend approval
of this variance, which state:
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;
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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
In order to recommend approval of a variance request, the Planning&Zoning Commission
must find that the reasons set forth in the application justify granting the variance and that
granting the variance will be in harmony with the surrounding territory and not injurious
to the public welfare.
Member Wunderlich asked if the surrounding homes with garages were built under the same roof
and not added on later. Mr. Ali answered in the affirmative.
Vice-Chair Williams asked whether the requirements stated above by Chair Keller have to be
inclusive.Assistant City Attorney Crosby-Collier said all four factors are within the City's Code
and have to be met to grant a variance.
City Planner Rumer indicated it is the Board's decision as to whether the Board thinks he has
met the four criteria.
Chair Keller said personally he does not see a problem with granting this variance especially since
the surrounding neighbors do not object. City Planner Rumer stated he finds it odd that this house
was built without a garage. Chair Keller agreed and stated the applicant was deprived of a garage
if this is not recommended for approval.
(7:20 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend approval to the Ocoee City Commission for the Ali Property
Variance at 919 Marlene Drive; Case No: VR-19-01, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Mellen, Seconded by Member Wunderlich; motion passed 3-1 with Vice-Chair
Williams opposing.
Vice-Chair Williams explained her concerns are the four required criteria. She stated she
struggled to find a special condition and circumstance that exist. Although she agrees that the
addition of a garage would make the home more compatible with surrounding homes and the
support of surrounding neighbors is beneficial, she finds it a bit of a challenge to see all of the
requirements have been met.
Member Wunderlich explained he believes the peculiar special condition and circumstance that
exists here lies in the fact that Mr. Ali does not have a garage,because the adjacent neighbors have
the advantage of built-in garages.
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V. MISCELLANEOUS
A. Project Status Report
City Planner Rumer updated the Board with the following:
• The downtown redevelopment is moving along, and milestones are being met
every week. The City is watching and tending to the palm trees on Bluford Avenue.
Landscaping is being finalized east of Blackwood Avenue. City Center should be
pulling foundation permits soon.Ocoee Business Park is preparing for their permit.
• Chair Keller asked about tiny homes and tiny home subdivisions and whether the
City has anything preventing or allowing tiny homes. City Planner Rumer said
there currently are no special provisions in the City's code yet regarding tiny
homes, but the City is watching the tiny homes movement.
B. May Calendar - No updates
Motion: Move to adiourn the Planning and Zoning Commission meeting; Moved by Vice-
Chair Williams, Seconded by Member Mellen; motion passed unanimously.
VI. ADJOURNMENT - 7:30 pm
ATTEST: APPROVED:
athy Hears, "ecording Clerk %Joel Kell r, rChair /
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