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PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MINUTES
Tuesday, October 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, Vice-Chair Lavon Williams, Member Brad Lomneck, Member
Jason Mellen, Member Rodger Wunderlich
Absent: None
Also Present: Development Services Director Mike Rumer, Planner Gregory Hines, 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 September 10, 2019.
(6:31 pm)
Motion for Approval of the Consent Agenda: Moved by Vice-Chair Williams,
Seconded by Member Mellen; Motion passed unanimously.
III. OLD BUSINESS -None
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Planning&Zoning Commission
October 8,2019
IV. NEW BUSINESS—Public Hearings (6:32 pm)
A. Daka Property - 8807 Hackney Prairie Road Annexation & Rezoning,
Project No(s): AX-09-19-85 & RZ-19-09-11. (Advertised in the West Orange Times on
Thursday, September 26, 2019) (Planner Hines)
Planner Hines presented a brief overview of this proposed annexation and rezoning for 8807
Hackney Prairie Road, which is located on the north side of Hackney Prairie Road approximately
2,683 feet east of N. Clarke Road. The Parcel ID Numbers are 03-22-28-0000-00-052 & 03-22-
28-0000-00-101. The parcels total approximately 2.13 acres, and one parcel has one (1) existing
single-family home. The subject property is considered contiguous to the City of Ocoee since it
is bordered by property located within the City limits on the north, east, and south. The proposed
annexation is a logical extension of the City limits, urban services can be provided, and the
annexation meets state and local regulations. The parcels are currently zoned Orange County
Rural/Agricultural (A-1), and the proposed rezoning is City of Ocoee Low Density Residential
(R-1A). The applicant is annexing into the city limits as a condition to receive a city potable
water connection. Once the parcels are annexed, the City will receive approximately $3,500 per
year from property tax.
Development Review Committee (DRC) Recommendation:
On October 1, 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 for the Daka
Property.
Staff Recommendation:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends that
the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval
of the annexation and rezoning from "Orange County" A-1 (Rural / Agricultural) to "City of
Ocoee"R-1A (Single Family) of the property known as the Daka Property.
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 wished to
speak on this proposed project. As no one wished to speak, the public hearing was closed.
Chair Keller questioned the location of the 6-inch water main, which indicates "West Avenue"
on the Annexation Feasibility Analysis form. Development Services Director Rumer indicated
that is a scrivener's error and explained the water main is just west of this property.
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Planning&Zoning Commission
October 8,2019
(6:37 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Daka Property -
8807 Hackney Prairie Road Annexation, Project No: AX-09-19-85, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Mellen, Seconded by Member Lomneck motion passed unanimously.
(6:38 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Daka Property -
8807 Hackney Prairie Road Rezoning, Project No: RZ-19-09-11, subiect to resolution
of the remaining staff comments before the City Commission meeting; Moved by
Member Lomneck, Seconded by Vice-Chair Williams; motion passed unanimously.
(Agenda was taken out of order)
B. Land Development Code (LDC) Amendment to Article VI and Article VIII Signage
Standards. (Advertised in the West Orange Times on Thursday, September 26, 2019)
(Development Services Director Rumer) (6:52 pm)
Development Services Director Rumer presented a brief PowerPoint on this proposed Land
Development Code (LDC) Amendment, which entails moving the Commercial and Industrial
signage from LDC Article VI, Section 6-14 into LDC Article VIII, Section 8-4 solely for
signage. Staff is also adding new signage criteria in Article VIII to facilitate signage for urban
developments within the downtown overlay. He advised the Board these proposed LDC
amendments are currently fluid, adaptive and evolving works in progress.
Development Review Committee (DRC) Recommendation:
The Development Review Committee (DRC) met on Tuesday, October 1, 2019 and reviewed the
proposed amendment. The DRC voted to recommend approval of the language as proposed.
Staff Recommendation:
Staff recommends that the Planning and Zoning Commission recommend approval of the
proposed amendments to the Land Development Code to provide for regulations of signage.
Discussion:
Vice-Chair Williams said she understands why this code is being moved, but is concerned that
creating flexibility within the code may generate uncertainty. Development Services Director
Rumer understood her concern and explained examples of different types of wall signage; and
further, indicated limiting architectural detail to fit a sign would be inappropriate. Vice-Chair
Williams inquired about changes taking place within the CRA, and whether that includes this
particular LDC signage. Development Services Director Rumer answered the CRA is not
implementing any changes with the LDC. Their projects utilize the CRA tax increment funds to
better the CRA.
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Planning&Zoning Commission
October 8,2019
Member Mellen mentioned under Section 8-4 "Prohibited Signs" is mentioned twice.
Development Services Director Rumer clarified this is currently work in progress, and
"Prohibited Signs" has not been worked out as of yet. Member Mellen said he has concerns
about voting on something that is not in its final form.
Chair Keller went through the recommendations and announced several scrivener's errors to
which Development Services Director Rumer clarified why there are scrivener's errors; and
stated again, the LDC amendments are a fluid, evolving works in progress. Member Lomneck
asked if this item should be tabled until the next meeting to give staff time to finalize it.
Discussion ensued regarding recommendations from the Board of different types of signage.
Chair Keller opened the public hearing and asked if there was anyone present who wished to
speak on this proposed project. As no one wished to speak, the public hearing was closed.
(7:15 pm)
Motion: Move to continue the Amendment to the Land Development Code (LDC)
Article VI and Article VIII Signage Standards to the next Planning and Zoning
meeting; Moved by Member Lomneck, Seconded by Member Mellen; motion passed
unanimously.
C. Land Development Code (LDC) Amendment to Article V, Section 5-4 and
Section 5-4.1, Residential Fencing. (Advertised in the West Orange Times on Thursday,
September 26, 2019) (Zoning Manager Gajadhar) (6:39 pm)
Zoning Manager Gajadhar presented a PowerPoint explaining this proposed amendment to the
LDC. Currently the requirements for residential fencing is listed in both Ocoee Land
Development Code Article V, Section 5-4, Open Space Requirements of Zoning Districts, as
well as Article V, Section 5-4.1, Fences. This has created some confusion with residents
regarding what fencing requirements need to be met in residential areas. Staff is proposing that
all references to fencing be moved from Article V, Section 5-4 to Article V, Section 5-4.1, which
specifically addresses fences. Two additions to the LDC are being proposed; 1) Requirement for
all fences four (4) feet in height and under be no more than 50% opaque, and 2) All fences
within residential areas must have up to a two-inch variable setback from adjacent property lines
to avoid encroachment on neighboring properties.
Development Review Committee (DRC) Recommendation:
On October 1, 2019, the DRC met to determine if the requested changes were consistent with
the city's process for amending the Land Development Code. The Development Review
Committee voted unanimously to recommend approval of the amendments.
Staff Recommendation:
Staff respectfully recommends that the Planning and Zoning Commission recommend approval
of the amendments to the Ocoee Land Development Code in Article V, Section 5-4 as well as
Article V, Section 5-4.1 for residential fencing.
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Planning&Zoning Commission
October 8,2019
Discussion:
Member Wunderlich asked if there will be provisions for an owner to seek an exemption or
modification to which Zoning Manager Gajadhar responded in the affirmative.
Vice-Chair Williams had concerns regarding the two-inch variable setback where one property
owner may feel as if they are losing two inches of property while the other owner gains; and
further, if both neighbors each have a fence, there will be a four-inch void in between fences.
Zoning Manager Gajadhar explained because of the different variations in fencing, each fence
will be taken on a case-by-case basis.
Member Mellen asked whether this would affect shared fencing. Development Services
Director Rumer explained there are a lot of variations with fencing, along with different ways
to install them. This variable is being proposed in order to keep the fence from hanging over the
other neighbor's property. However, if someone wanted to tie into their neighbor's fence, they
could fill out a Joint Fence Permit.
Chair Keller raised concerns regarding back-to-back fencing with a four-inch void where a lawn
mower cannot reach which would contribute to the problem of long grass, snakes and mice. He
suggested to make this proposed variable greater in order to mow and clean up in between the
fencing. Development Services Director Rumer understood his concerns, but said he believes
any larger variation will create access issues. He advised the Board these proposed LDC
amendments are currently fluid and evolving works in progress.
Chair Keller opened the public hearing and asked if there was anyone present who wished to
speak on this proposed project. As no one wished to speak, the public hearing was closed.
(6:58 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Amendment to
the Land Development Code (LDC) Article V, Section 5-4 and Section 5-4.1,
Residential Fencing, subject to resolution of the remaining staff comments before the
City Commission meeting; Moved by Member Mellen, Seconded by Member
Lomneck; motion passed unanimously.
D. Land Development Code (LDC) Amendment to Article III, Subsection A of
Section 3-2, Alternate Board Member. (Advertised in the West Orange Times on Thursday,
September 26, 2019) (Development Services Director Rumer) (7:15 pm)
Development Services Director Rumer presented a PowerPoint explaining this proposed
amendment to Article III, Subsection A of Section 3-2 proposing to appoint six (6) members to
comprise the Planning and Zoning Commission, including one (1) alternate member appointed
by the City Commission, and one (1) nonvoting member appointed by the School Board of
Orange County. This proposal of an alternate member will require them to attend meetings,
allow feedback, and join in the discussions. If there is a full quorum, they will not be able to
vote; however, if a regular member has a conflict or is absent, they will then be able to vote.
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Planning&Zoning Commission
October 8,2019
Development Review Committee(DRC)Recommendation:
The Development Review Committee (DRC) met on Tuesday, October 1, 2019 and reviewed the
proposed amendment. The DRC voted to recommend approval of the language as proposed.
Staff Recommendation:
Staff recommends that the Planning and Zoning Commission recommend approval of the
proposed amendments to the Land Development Code to add a provision to Article Ill,
Subsection A of Section 3-2 of the Planning and Zoning Commission to add one (1) alternate
appointed member by the City Commission, and one (1) additional member appointed by the
School Board of Orange County as a non-voting member.
Discussion:
Member Wunderlich asked who will make the determination of who will be the alternate out of
the six nominees. Development Services Director Rumer clarified that currently the members
are voted on by the City Commission. Chair Keller indicated he believes the language needs to
be revised. Discussion ensued regarding the language within the ordinance.
Assistant City Attorney Crosby-Collier clarified that the City Commission will be appointing
the newly-appointed member as the alternate.
Discussion ensued regarding appointments, resignations and term limits with regards to this
board. The language within the proposed ordinance was discussed.
Assistant City Attorney Crosby-Collier proposed to revise the language within the ordinance
to read "The highest ranked six (6) nominees will comprise the five (5) member Planning and
Zoning Commission, and one (1) will be appointed as the alternate member."
Chair Keller responded either that language or "The highest ranked five (5) nominees will
comprise the five (5) member Planning and Zoning commission and the sixth (6th) highest will
be the alternate member."
Vice-Chair Williams asked about term limits to which Assistant City Attorney Crosby-
Collier expounded on how the term limits are laid out with this existing board. Vice-Chair
Williams asked when her term ends, can she come back as an alternate member. Assistant City
Attorney Crosby-Collier said she would be termed out and has to sit out for a complete term
before she can apply again.
Chair Keller opened the public hearing and asked if there was anyone present who wished to fi
speak on this proposed project. As no one wished to speak, the public hearing was closed.
Chair Keller passed the gavel to Vice-Chair Williams.
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Planning&Zoning Commission
October 8,2019
(7:26 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Amendment to
the Land Development Code (LDC) Article Ill, Subsection A of Section 3-2,
Alternate Board Member with revising the language to read "The highest ranked
five (5) nominees will comprise the five (5) member Planning and Zoning
Commission with the sixth highest ranked nominee to be the one (1) alternate
member," subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Chair Keller, Seconded by Member Wunderlich;
motion passed unanimously.
V. MISCELLANEOUS
A. Project Status Report
Development Services Director Rumer updated the Board with the following:
• The City recently hosted the Orlando Economic Partnership whom recruits
businesses to the area. The City gave a presentation and a bus tour of sites within
Ocoee that are shovel-ready for Class A Office.
• There is a new buildout on the north side of Highway 50 next to the SunTrust
Bank. It is a three-unit retail building with upgraded architecture. The first tenant
is a Huey Magoo's. A Dickey's Barbeque Pit has gone in. This trend to the east is
very good news for Ocoee, and the City is very excited.
• Arden Park is breaking ground on more phases.
• The City Commission adopted the 8815 Hackney Prairie Road annexation, and
directed staff to work with the neighbors adjacent to the west to grant them an
access easement.
Development Services Director Rumer asked the Board if they have any questions.
• Member Lomneck asked if any new plans have come in for the buildings at
Highway 50 and Maguire. Development Services Director Rumer responded
Vitality Bowls Superfood Cafe, a dentist, and Tijuana Flats.
• Member Lomneck inquired about the buildouts on Clarke Road across from the
mall. Development Services Director Rumer indicated that there will be a
dance studio and a doctor's office. He advised the developer is installing
awnings, and the landscaping is currently being upgraded.
B. October 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.
Planning&Zoning Commission
October 8,2019
VI. ADJOURNMENT - 7:35 pm
ATTEST: APPROVED:
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