09-10-2019 Minutes ocoee
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, September 10, 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 Brad Lomneck,
Member Jason Mellen, Member Rodger Wunderlich
Absent: None
Also Present: City Planner Mike Rumer, Zoning Manager Kiel Gajadhar,
Assistant City Attorney Dana Crosby-Collier and Recording
Clerk Kathy Heard
II. CONSENT AGENDA
A. Minutes of the Planning &Zoning Commission Meeting held August 13, 2019.
(6:31 pm)
Motion for Approval of the Consent Agenda: Moved by Member Wunderlich,
Seconded by Member Mellen; Motion carried unanimously.
III. OLD BUSINESS -None
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September 10,2019
IV. NEW BUSINESS — Public Hearings (6:32 pm)
A. Request for Variance - Jassani/Hyder Property, 401 Calliope Court
Project No(s): VR-19-03. (Advertised in the West Orange Times on Thursday, August 29,
2019) (Zoning Manager Gajadhar)
Zoning Manager Gajadhar presented a brief PowerPoint on this variance request. The subject
property is Lot 98 of the Windsor Landing Subdivision, which is within the City of Ocoee
Single-Family Dwelling (R-1AA) zoning. The Parcel Identification Number is 32-22-28-9285-
00-980. This property is part of Phase 2 of the Windsor Landing Subdivision, which consists of
214 single family homes. It was approved for construction by the City in February 2000. No
special conditions and circumstances exist which are peculiar to the land or existing structure as
indicated on the aerial and location map.
The applicants, Salima Jassani and Ghulam Hyder, are requesting approval for a maximum
allowed impervious coverage area variance from 50% to 54.8% for a 884 square foot screen
enclosed patio with brick pavers. Impervious surface coverage is referred to as the percentage of
the lot land area that is covered with impervious materials such as buildings, swimming pool
decks, decks,patios, driveways, etc.
Staff Recommendation:
Based on the findings stated above, staff does not find the variance requested by the applicants
as supportable. Staff recommends that any decision be conditioned on factual interpretation of
code requirements and public testimony related to such provisions, should the Planning and
Zoning Commission make a finding consistent to staff.
Discussion:
Member Wunderlich asked what the percentage is currently on impervious coverage to which
Zoning Manager Gajadhar indicated 44.2 percent. City Planner Rumer explained that
engineers cannot provide a level of imperviousness coverage with patio pavers, because they are
installed differently than concrete.
Member Wunderlich reiterated that currently the home is 44.2 percent and, if approved, the
impervious coverage will be 54.8 percent to which Zoning Manager Gajadhar agreed.
Member Lomneck inquired whether homes with pools fall under the impervious restrictions as
well. City Planner Rumer explained that the City does not count the pool as impervious. He
indicated the older subdivisions were designed before the stormwater ponds at an overall
maximum percentage.
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September 10,2019
Vice-Chair Williams asked whether this subdivision has any current drainage issues to which
City Planner Rumer answered in the negative.
Member Mellen asked what the average impervious coverage is in surrounding subdivisions to
which City Planner Rumer said near 50 percent.
Vice-Chair Williams asked whether there are any special conditions or circumstances which
would allow them to obtain the 54.8 percent. City Planner Rumer listed some favorable
conditions such as the parcel is not surrounded by homes on every side, and a retention pond is
adjacent to the west of the home where, more than likely, runoff drainage is directed to.
Member Mellen asked if this would affect the rear easement. City Planner Rumer indicated
there are only side easements within this subdivision. Vice-Chair Williams asked if it would
affect the rear setback. City Planner Rumer said this is an accessory structure which has a
different setback than the home. He further explained from the land survey map where the water
is draining to. He mentioned the driveways in this subdivision are pavers as well, which is
encouraging and may gain them some impervious percentage, but it is unknown.
Member Wunderlich stated he believes if there was a smaller footprint there would be an
improvement as well as staying within the 50 percent limitation; and further, inquired what the
square footage would be to stay within the limitation. Zoning Manager Gajadhar agreed and
stated if the square footage was cut in half, it would be a 49.2 percent impervious surface area.
Chair Keller summarized that basically they are adding on an additional 78 square feet of
coverage. He also noted that most of the neighbors have pools; and further, if approved, drainage
may be built to divert runoff to the vacant parcel adjacent to the west.
City Planner Rumer explained that as part of the public hearing process a notice is mailed to
adjacent neighbors within 300 feet, a public hearing ad is published in the newspaper, and the
property is posted with a sign seven days prior to the meeting. However, due to Hurricane
Dorian, posting a sign on the property could have been a projectile; therefore, the City did not
post the property seven days prior to this hearing. Once the City was out of danger, staff posted
this property as soon as possible. This property is currently posted, and it will stay this way
through the City Commission meeting. Assistant City Attorney Crosby-Collier concurred
indicating it was not posted due to a public safety issue arising from the Governor's Executive
Order from Hurricane Dorian.
Member Lomneck inquired if the City believes this extra four percent would be detrimental to
the city. City Planner Rumer mentioned if everybody in the city was approved for this, it could
be; however, with some of the older subdivisions it is difficult to locate what percentage of
impervious coverage area they were initially approved with, which is the case with this
subdivision.
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Salima Jassani,Applicant, 401 Calliope Street, Ocoee, explained that approximately 90 percent
of the homes in their neighborhood have a pool, but they chose not to build a pool and now wish
to install a screened-in patio. She expressed they have hired engineers to do the work, which
includes a gutter system for drainage around the entire home, and a separate one for the proposed
screened-in patio. She indicated the HOA has approved this contingent upon approval from the
City. She showed the commission some pictures of the back of the home and explained the extra
square footage is to extend the patio from the existing slab to the right corner of the home to
make it look more cohesive instead of cutting it short.
Vice-Chair Williams asked what their reasoning is behind building bigger instead of smaller to
stay within the allotted percentage.
Salima Jassani, Applicant, stated as the current lanai is situated in the middle of the home, for
aesthetic purposes, they want to bring the enclosed screen to the end of the home instead of
cutting it short. She stated they are on the corner lot to where everyone driving by can see the
back of their home, and they want it to look nice.
(6:54 pm)
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed project.
Robert Patton, 110 Anderson Place, Ocoee, suggested they could put up a berm to hold the
water to give it a chance to permeate or direct the water over to the park.
Chair Keller clarified by inquiring whether they are installing gutters.
Salima Jassani,Applicant, said the gutters are part of the package.
The public hearing was closed.
Member Wunderlich asked for clarification on whether this would be on the agenda if the
homeowner were installing a pool or a slightly smaller enclosed patio to which Chair Keller
answered it would not. Member Wunderlich advised there are two other options.
(6:55 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of a Variance for
Jassani/Hyder Property — 401 Calliope Court; Project No: VR-19-03, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Mellen, Seconded by Member Lomneck; motion carried 4-1 with Member
Wunderlich opposed.
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B. Request for Variance — Ladybird Academy, 2060 West Road; Project
No(s): VR-19-04. (Advertised in the West Orange Times on Thursday, August 29, 2019)
(Zoning Manager Gajadhar) (6:57 pm)
Zoning Manager Gajadhar presented a brief PowerPoint on this variance request, which is for
Ladybird Academy located at 2060 West Road. The applicant is requesting approval for a
maximum wall sign height variance from 3.5 feet to 5.2 feet for a wall sign intended to be placed
on the building above the entryway of the Ladybird Academy. The building on the property is
approximately 13,361 square feet in size. He explained the right-of-way in front of the building
is quite larger than the adjacent neighbors. The proposed wall sign is 1.7 feet above the allowed
maximum height for a commercial building up to 25,000 square feet in size. The Ocoee LDC
Article 6-14 Subsection C5 states that a commercial building up to 25,000 square feet must have
a maximum sign area of 75 square feet and a maximum height of 3.5 square feet.
Staff Recommendation:
Based on the findings stated above, staff does not find the variance requested by the applicant
as supportable. Staff recommends that any decision be conditioned on factual interpretation of
code requirements and public testimony related to such provisions, should the Planning and
Zoning Commission make a finding consistent to staff.
Discussion:
The applicant was present for questions.
Member Mellen stated the proposed sign is essentially 1.8 feet bigger; and further, asked if the
applicant is requesting this because of the distance the building is from the roadway to where the
sign cannot be seen. Zoning Manager Gajadhar answered in the affirmative; however, the
applicant recently was approved for a monument sign ten feet into the property line.
Member Lomneck inquired whether the surrounding businesses have complied with the sign
restrictions. City Planner Rumer responded no other variance has been requested within this
vicinity; however, the City did find that Dunkin Donuts did have a permit for a larger than
permitted sign.
Member Wunderlich inquired of the size restrictions of monument signs. City Planner Rumer
advised monument signs can be a maximum of 12 feet high; however, the copy area is limited to
36 square feet.
Vice-Chair Williams asked if the applicant is requesting this variance mainly because the
building is far away from the road. Zoning Manager Gajadhar answered in the affirmative.
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Vice-Chair Williams asked what the purpose is for the large right-of-way in front of the
property and whether it is for widening West Road. City Planner Rumer indicated it is just the
way the right-of-way is situated within that area; and further, West Road will never be widened
in this vicinity.
Vice-Chair Williams commented she believes all of the commercial properties in that vicinity
have wall and monument signs. City Planner Rumer listed the commercial properties that have
both; and further, the shopping center has a directory monument sign.
Member Mellen commented he believes the wall sign will not be very visible from the street
with the current dimensions. He stated the text on the logo is small, and this proposed variance is
only adding a few inches to the text itself.
Vice-Chair Williams commented she believes this property does seem to have a special
condition because of the way it is situated on the property and how far back it is from the
roadway, which should satisfy the requirements for this variance. She stated this property is
unlike the surrounding commercial properties with these unique conditions, which should satisfy
this request.
Member Lomneck asked if this variance is approved, would future commercial establishments
be entitled to a variance as well. City Planner Rumer pointed out vacant parcels on the aerial
map within the vicinity indicating they will not have this special condition as they are 25 feet off
of the roadway, whereas this particular parcel is 90 feet.
Derek Sakala,Applicant, 118 Osprey Hammock Trail, Sanford, thanked the board for listening
to their request. He showed pictures of the front of their establishment while on the roadway and
a video that was taken while driving by. He explained along with the very large right-of-way, the
trees obstruct the view of the building from the roadway. He emphasized that they love the trees
and do not want them to be touched. He further stated this variance request is made from a
marketing perspective, but more importantly a safety perspective as well. He explained the
entrance to this establishment is located right after the intersection where the speed limit is 45
miles per hour. If someone is looking for their building, but unable to decipher where it is, it
could potentially be a safety concern from a car decelerating while other vehicles around them
are accelerating after the intersection. He further showed pictures of what the sign will look like
from the street with and without the variance.
(7:16 pm)
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:
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1. That special conditions and circumstances exist which are
p peculiar to the land,
structures, or required subdivision improvements involved and which are not
applicable to other lands,structures, or required subdivision improvements;
2. That a literal interpretation of the provisions of these regulations would deprive the
applicant of rights commonly enjoyed by other properties with similar conditions;
3. That the special conditions and circumstances do not result from the actions of the
applicant;
4. That the granting of the variance requested will not confer on the applicant any special
privilege that is denied by these regulations to other lands, structures, or required
subdivision improvements under similar conditions
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.
Vice-Chair Williams indicated she believes this property does meet the required special
conditions, because of the way the property is situated and that no other adjacent properties are
situated like this parcel is from the roadway. She stated she feels comfortable making a
recommendation for approval because the copy area is remaining the same; and further, it is only
the height of the sign that will be changing, which will give it greater visibility from the
roadway.
(7:19 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of a Variance for
Ladybird Academy — 2060 West Road; Project No: VR-19-04, subiect to resolution of
the remaining staff comments before the City Commission meeting; Moved by Vice-
Chair Williams, Seconded by Member Wunderlich; motion carried unanimously.
C. VMG Estates Ocoee Townhomes - 815 Clarcona Ocoee Road Small Scale
Land Use Amendment & Rezoning to Planned Unit Development (PUD);
Project No(s): CPA-2019-004 & RZ-19-08-10. (Advertised in the West Orange
Times on Thursday, August 29, 2019) (City Planner Rumer) (7:20 pm)
City Planner Rumer presented a PowerPoint explaining this proposed Small Scale Land Use
Amendment and Rezoning is for a parcel located at 815 Clarcona Ocoee Road, on the east side
of North Lakewood Avenue (aka Clarcona Ocoee Road). The subject property is 3.89 acres,
highly vegetative and vacant. The Parcel Identification Number is 08-22-28-00-00-028. This
property was annexed into the city at the beginning of this year. The applicant is proposing to
rezone the 3.89 acres from R-1 to PUD in order to develop 26 townhome units. The proposed
density is seven (7) dwelling units per acre. The Small Scale Comprehensive Plan Land Use
Amendment consists of classifying all 3.89 acres of the subject property from "Low-Density
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Residential" to "Medium Density Residential" in order to accommodate the density of seven (7)
dwelling units per acre in the PUD. All townhome units will contain two (2) car garages and
provide an open space and recreation tract, stormwater retention, and a lift station tract. The
internal roadway will be public and meet minimum roadway standards. A Preliminary and Final
Subdivision Plan will be provided in the next step of the process.
Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) met on August 28, 2019, and recommends approval
of the Small Scale Land Use Amendment from "Low Density Residential" to "Medium Density
Residential"and the rezoning to PUD Planned Unit Development.
Staff Recommendation:
Staff recommends the Planning and Zoning Commission acting as the Land Planning Agency
recommend approval of the Small Scale Land Use Amendment from "Low Density Residential"
to "Medium Density Residential"and the rezoning to PUD Planned Unit Development.
Discussion:
The applicant was not present.
Member Mellen inquired if there will be a fence or a landscape barrier. City Planner Rumer
answered there will be a decorative wall along the front entrance, but it will not be along the
entire tract of Lakewood Avenue.
Chair Keller asked whether the road leading up to the cul-de-sac will be passable for fire trucks
if there are cars parked on the side of the road. City Planner Rumer answered the lane widths
will be the regular-sized 50 foot lanes. He further stated this subdivision will not be gated, but a
couple of parking spaces may be placed within the open space by the recreation tract.
Member Lomneck inquired if this is the time to require that the parking spots be put in.
City Planner Rumer said the Board can state a special condition that guest parking is to be put
in place.
Chair Keller opened the public hearing and asked if there was anyone present who wishes to
speak on this proposed project.
Robert Patton, 110 Anderson Place, Ocoee, indicated he owns the property adjacent to the east.
He stated they have no concerns with this proposed development. He explained his parcel is a
long, narrow parcel in which he intends to split in the future, but he needs driveway access from
somewhere. He advised he did request driveway access with someone in connection to this
development to which they said they would consider it. However, after looking at the plans he
stated it does not seem they took his request into consideration. He inquired what should he do to
enable a sale of the right-of-way to his parcel.
City Planner Rumer answered he needs to negotiate a deal with the owner of this property.
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Member Mellen asked if this development would landlock his parcel. Robert Patton answered
in the affirmative. City Planner Rumer advised that it will not landlock him. This development
is not a new lot. Robert Patton indicated he does have access off of Anderson Place; however,
the second home he wishes to build after the parcel split will not have access to Anderson Place.
City Planner Rumer advised him that in order to create a new lot, the parcel must have 20 feet
of deeded frontage to a public right-of-way. Robert Patton asked City Planner Rumer to explain
that to him later. Discussion ensued regarding the annexation of this property and how that may
affect his property. City Planner Rumer advised that he needs to work with the property owner.
Robert Patton concluded with saying he has no issues with this development as long as he can
obtain the right-of-way.
The public hearing was closed.
(7.39 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the VMG Estates
Ocoee Townhomes - 815 Clarcona Ocoee Road Small Scale Land Use
Amendment; Project No: CPA-2019-004, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Member Lomneck,
Seconded by Member Mellen; motion carried unanimously.
(7:41 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the VMG Estates
Ocoee Townhomes - 815 Clarcona Ocoee Road Rezoning to PUD; Prosect No: RZ-
19-08-10; and further, add a special condition that every building has quest
parking, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Lomneck, Seconded by Vice-Chair
Williams; motion carried unanimously.
V. MISCELLANEOUS
A. Project Status Report
City Planner Rumer updated the Board with the following:
• A number of projects and subdivisions are currently closing out. Waffle House is
officially under construction.
• Appointment of an alternate member to this board was discussed and approved at
a recent City Commission meeting, which will bring forth a revision to this
Board's ordinance creating the alternate's position. This alternate will be required
to attend the meetings, sit at the dais, and participate in discussions, but will not
be allowed to vote if there is a full quorum unless a member abstains.
• Chair Keller indicated he noticed the plans for the veterinary hospital proposed
on Colonial has lapsed. City Planner Rumer indicated site plans are valid for
one year, but can be granted extensions.
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B. September Calendar - No updates
Vice-Chair Williams informed everyone that she was looking at digital documents of the
meeting packet on her phone and nothing more.
Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by
Vice-Chair Williams. Seconded by Member Lomneck; motion passed unanimously.
VI. ADJOURNMENT - 7:49 pm
ATTEST: APPROVED:
Kathy H, rd, Recording Clerk /oel Kell-r, Chair
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