07-13-2021 Minutes ocoee
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday,July 13,2021
I. CALL TO ORDER - 6:30 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Vice-Chair Lomneck, Member Forges, Member Kennedy, Member Mellen, Member
Williams, Alternate Member Keller
Absent: None
Also Present: Development Services Director Rumer, Planner 1 Hines, Assistant City Attorney
Opsahl, Recording Clerk Heard
H. CONSENT AGENDA
A. Minutes of the Planning &Zoning Commission Meeting held June 8, 2021.
(6:31 pm)
Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by
Member Williams; Motion carried unanimously.
III. OLD BUSINESS -None
IV. NEW BUSINESS—Public Hearings- (6:32 pm)
A. Lake Lilly Preliminary Subdivision Plan (PSP); Project No: LS-2020-004. (Advertised
in the West Orange Times on Thursday, July 1, 2021
Development Services Director Rumer presented a brief overview of the proposed preliminary
subdivision plan,which is approximately 16.56 acres and located south of Old Winter Garden Road
and north of the Florida Turnpike. This property is currently vacant and part of a Master
Development called the Lake Lilly Center. The zoning and the land use are Light Industrial (I-1).
He explained the City and Heller Brothers Groves executed a Development Agreement on October
6,2020, which allowed multi-family residential as a permitted use in a mixed-use development.
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Planning &Zoning Commission
July 13,2021
The Lake Lilly Apartments development is proposing 410 luxury multi-family residential dwelling
units on approximately 16.56 acres. The development will consist of six (6) phases as follows:
Phase 1: 30 units (Townhome Buildings 1 and 2); Phase 2: 45 units (43 units in Building 1 and 2
units in Carriage 1)as well as clubhouse and other amenities;Phases 3,4 & 5: 192 units(Buildings
2, 3 and 4); Phase 6: 143 units (139 units in Building 5 and 4 units in Carriages 2 and 3).
Buildings 1 through 5 will be four (4) stories, and the townhome-style buildings and carriage
buildings will be three (3) stories. The proposed development will provide a total of 721 parking
spaces of which 12 spaces are proposed to be provided beneath the carriage units and 20 spaces are
proposed to be provided underneath the townhome units. The project will have two (2) access
points. The main access/entrance will be off of Old Winter Garden Road, and the second access
point will be off of Professional Center Blvd. Utilities will be extended to the site from the north.
Stormwater will be held in an existing pei►wiitted Master Stormwater pond.
Discussion:
Chris New,Applicant, Fore Property Company, Ocoee, said they are looking forward to bringing
their product to the community. He further explained the proposed development in more detail and
asked the board if they have any questions.
Vice-Chair Lomneck asked if there will be retail in Phase 1.Mr.New explained this development
is only the residential component,but retail is proposed to the parcels adjacent to the east.He further
stated pedestrian connectivity adjoining the residential to commercial is a key feature.
Member Williams inquired if the approval of outstanding comments were discussed.
Development Services Director Rumer answered they were not discussed,because those specific
conditions are comments between staff and the engineering side of the development.
Member Mellen asked what the average parking spots per unit will be. Development Services
Director Rumer explained City Code is 2.25; however, this development proposes less due to the
mixed-use walkability aspect. Abdul Alkadry, P.E., Project Manager, said this development is
proposing 1.76 parking spots per unit. Mr. New said Fore Property Company is the owner and
property manager. He explained when residents rent a unit, they are assigned parking spaces. If
residents have more vehicles than what is allowed for that particular unit, they will be charged per
extra parking space.
Vice-Chair Lomneck asked what the overall height will be. Mr. New said he believed it is 46 feet
for the four-story building with air-conditioner units on the top.
The public hearing was opened.As no speaker forms were received, the public hearing was closed.
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Planning&Zoning Commission
July 13,2021
(6:52 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Lake Lilly
Preliminary Subdivision Plan (PSP); Project No: LS-2020-004, subject to resolution of
the remaining staff comments before the City Commission meeting; Moved by Member
Williams, Seconded by Member Mellen; motion carried unanimously.
B. Pruitt Health Skilled Nursing Facility- Substantial Amendment to the Fountains at
Highland Park PUD/LUP; Project No: RZ-21-03-05. (Advertised in the West Orange
Times on Thursday, July 1, 2021)
Development Services Director Rumer presented a brief overview of this proposed substantial
amendment, which is approximately 12.34 acres in size and is located on the north side of Tomyn
Boulevard and south of the Florida Turnpike approximately 2,000 feet west of Maguire Road
(11311 Tomyn Boulevard). The subject property is currently undeveloped and is covered with a
small variety of trees of which a majority consists of planted pine trees. The Future Land Use for
the site is "Commercial" and the Zoning classification for the site is Planned Unit Development
(PUD).
The Pruitt Health Skilled Nursing Facility is proposed at 95,516 SF, 120 bed nursing facility on 4.3
acres. The facility has outdoor corridors and is one-story. The proposed building will sit in the
middle of the site with the existing stormwater pond being moved to the west side of the property.
Access will be provided via the current driveway location on Tomyn Boulevard. Parking will be
provided around the building on all four sides. The site is providing 113 parking spaces of which
46 are required by code.
The proposed development will ultimately build out the remaining land of the PUD and include a
revised Master Stormwater retention pond, associated landscape buffers, a wall along Tomyn Blvd,
and utilities. A private lift station will be provided by the development and will tie into existing
public facilities. The proposed development is projected to generate 1,362 fewer daily trips and 200
fewer PM peak hour trips than the previously approved land uses. Therefore, the requested
modification will not result in an increased burden on the transportation network.
Discussion:
The Board had no comments or questions.
The applicant was present for questions.
Greg Lee, Esq.,Applicant, BakerHostetler, 200 S. Orange Avenue, Orlando, said he agrees with
staff comments; and further, explained that Pruitt Health is a southeastern skilled nursing developer
with over 180 developments throughout the southeast. He is available to answer any questions the
Board may have.
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Planning &Zoning Commission
July 13,2021
Vice-Chair Lomneck asked if this facility will include a memory care unit. Mr. Lee said only
skilled nursing will be available, no memory care.
Member Forges inquired if there will be any excess land for future development. Development
Services Director Rumer said, if approved,this development will utilize all 12.34 acres.
The Public hearing was opened.As no speaker forms were received, 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 Pruitt Health Skilled
Nursing Facility Substantial Amendment to the Fountains at Highland Park
PUD/LUP; Protect No: RZ-21-03-05, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Member Mellen, Seconded by
Member Forges; motion carried unanimously.
C. Progress Commerce Park—Annexation,Large Scale Comprehensive Plan Amendment,
Rezoning to PUD and Large Scale Preliminary Site Plan; Project No(s): AX-01-21-01,
CPA-2021-001, RZ-21-02-01 & LS-2021-002. (Advertised in the West Orange Times on
Thursday, July 1, 2021)
Development Services Director Rumer presented a brief overview of this proposed Large Scale
Preliminary Site Plan (PSP), which is approximately 39.96 acres and located on the west side of
Ocoee Apopka Road, east of SR 429 and 2,900 feet south of Fullers Cross Road. The site is located
within the SR 429 Business Character Area Overlay. The applicant is proposing an Annexation,
Large-Scale Comprehensive Map Amendment from Low-Density Residential (4 D.U./Acre) to
Light Industrial, rezoning to PUD and a Large-Scale Preliminary Site Plan in order to develop
482,940 SF of Light Industrial/Warehouse use located within eight(8)buildings. Three (3)27,000
SF buildings are proposed to be located along Ocoee Apopka Road with two (2) 50,000 SF
buildings behind them.
He stated this property is located within the SR 429 Business Character Area Overlay, which does
not intend to facilitate this type of development in the subarea. However, the applicant and City
Staff have worked diligently to develop a project size and layout that will meet the intent and desired
outcomes of the overlay. Special conditions and criteria that make this project unique and beneficial
will be used as new code requirements for the Ocoee Apopka Road Corridor and Business Character
Area.
The proposed Progress Commercial Park will provide the much-needed extension of sewer service
to the area via its contribution towards a new public master lift station. Additionally, right-of-way
dedication and a 12-foot trail will be provided along Ocoee Apopka Road. The applicants propose
to improve Ocoee Apopka Road with right-of-way dedication, add turn lanes, and construct a new
east/west public roadway that will open new properties to development with the future extension
of Pine Street.
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Planning&Zoning Commission
July 13, 2021
Discussion:
Member Kennedy inquired what type of road is on the other side of SR 429 where the other
warehouses are located. Development Services Director Rumer said those warehouses front East
Crown Point Road, which is in the jurisdiction of the City of Winter Garden.
Sean Carpenter, Applicant, McCraney Property Company, said they developed the nearby
industrial business park called Ocoee Business Park, which has been very successful and currently
almost at full occupancy. He explained their warehouses bring in commerce jobs such as service
and manufacturing companies, which is in high demand. He also explained this project has been
scaled down and will not be conducive for big tractor-trailers, but will allow box trucks. He
discussed the enhanced landscaping with an added berm along the north side of the property along
Demastus Lane. He announced he is happy to answer any questions the Board may have.
Vice-Chair Lomneck asked if a noise buffer will be erected along the north side of the property
for the property owners on Demastus Lane. Mr. Carpenter explained they decided on enhanced
landscaping with a berm for a more natural look as compared to a wall. Development Services
Director Rumer explained the properties to the north are zoned agriculture, which does not have
public road frontage except for the less than 50 foot paper road called Demastus Lane. Vice-Chair
Lomneck expressed his concerns regarding truck traffic along Ocoee Apopka Road.
Member Kennedy said the staff report indicated the 429 Business Character Area does not intend
to facilitate this type of development. He asked how much and what type of truck traffic will be on
this road if this project is approved. Development Services Director Rumer explained there
currently are some existing light industrial uses within this corridor; and further,the characteristics
within this area were revised with the overlay by increasing to 7 - 9 trips per house per day. This
development is proposed to provide a maximum buildout potential of 2,376 daily trips with peak
hours from 7:00 to 9:00 am and 4:00 to 6:00 pm with 11 percent being heavy truck traffic.
Member Forges stated he believed this type of industrial business park is needed and that Ocoee
Apopka Road needs to be widened at some point in the future. Development Services Director
Rumer explained the City is planning to make N. Lakewood more of a primary road; and further,
the Expressway Authority is undergoing major improvements to the 429 by reconfiguring the exit
ramps, lanes and opening the medians to handle traffic loads. The future extension of Pine Street
will be utilized instead of Ocoee Apopka Road; and further, the Wurst Road extension will be
utilized as well.
Member Williams said she is struggling with the timing of this project,because if this project goes
forward, it will impact the roadways. Development Services Director Rumer explained Ocoee
Apopka Road is not in the County's five-year plan for widening; however, undergoing road
improvements nearby will create relief until the County is ready to widen it.
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Planning &Zoning Commission
July 13,2021
(7:45 pm)
Vice-Chair Lomneck opened the public hearing.
Lauren Ulmer, 1774 Crown Point Woods Circle, stated she lives nearby and has concerns
regarding buffers, water runoff, chemicals in the wells, construction and safety.
Vice-Chair Lomneck asked if the stormwater is enclosed. Development Services Director
Rumer answered in the affirmative; and further, explained that everything is done indoors with
the City's light industrial land use. There will be no manufacturing done outside or outside storage
of materials. The stormwater in this area is located in the Lake Apopka Basin,which has some of
the most stringent stolinwater requirements in the state, because of the restoration of Lake Apopka.
David Morse, 1825 Demastus Lane, stated he owns the second property from Ocoee Apopka Road,
just north of this site. His property faces the subject site, and he stated he would like a buffer. Vice-
Chair Lomneck asked him if he would rather see the enhanced landscaping with a berm or an eight
to ten-foot wall. Mr. Morse stated he would like it to be more aesthetically pleasing. He stated he
is concerned about the traffic on Ocoee Apopka Road;and further,he said there are a lot of families
and children living on Demastus Lane and asked that there be no access off of Demastus Lane other
than for emergency services.
Development Services Director Rumer stated the developers were initially looking for access off
of Demastus Lane,but that did not work out,because Demastus is not big enough. The road would
have to be dedicated to the County for a public road to be put in. He stated there will be no way to
access this project from Demastus Lane with vehicles.
Ana Rosa, 1200 Log Landing Drive, stated her concern is rezoning for the traffic, because traffic
is very heavy. She believed it would be best to widen Ocoee Apopka Road and then rezone for this
project.
Development Services Director Rumer explained that currently Ocoee Apopka Road is not failing
level of service; however, with the existing background trips, it will fail. He stated again a few
nearby road improvements that will create relief until the County is able to improve Ocoee Apopka
Road. He explained it is against the law to turn down an applicant due to roadway issues.
Vice-Chair Lomneck closed the public hearing.
(8:01 pm)
Member Mellen asked how changing the rezoning from agriculture to light industrial will impact
the values of the nearby homes.Development Services Director Rumer explained bringing sewer
to the area will definitely raise property values. He further expressed that this project will always
be under one owner and maintained by one owner, which also benefits nearby properties.
Member Forges stated he believed a wall at the north end would be safer than a berm.
Member Williams stated her concern is still regarding the overall timing.
Member Kennedy asked since the overlay was adopted in 2017, what, if any, would be the
consequences to the rest of this business area overlay if this light industrial is approved.
Development Services Director Rumer explained the overlay in more detail.
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Planning&Zoning Commission
July 13,2021
(8:22 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Progress
Commerce Park Annexation; Project No: AX-01-21-01, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Williams, Seconded by Member Forges; motion carried 4 to 1 with Member Mellen
opposing.
Member Forges asked if he could see the buffer before this next motion. Development Services
Director Rumer explained where the buffer would be located with a beim.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Progress
Commerce Park Rezoning to PUD; Project No: RZ-21-02-01; and further, add a
condition that a 12-foot buffer fence be installed along the north side, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Vice-Chair Lomneck, Seconded by Member Williams; motion carried 3 to 2 with
Member Kennedy & Member Mellen opposing.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Progress
Commerce Park Large Scale Comprehensive Plan Amendment; Project No: CPA-
2021-001, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Forcies, Seconded by Member Williams;
motion carried 3 to 2 with Member Kennedy & Member Mellen opposing.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Denial of the Progress Commerce
Park Large Scale Preliminary Site Plan; Project No: LS-2021-002, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by Member
Williams, Seconded by Member Kennedy; motion carried 3 to 2 with Vice-Chair
Lomneck and Member Forges opposing.
Member Williams stated that she is not opposed to the annexation, rezoning or land use
amendment, but believes the details of this project needs further work. Development Services
Director Rumer explained the rezoning sets up the criteria; whereas, the site plan demonstrates
the rezoning is being met.He further explained the motion for rezoning was to recommend approval
with a condition;however,her motion to recommend denial of the site plan will not allow it to meet
the zoning requirements.
Motion: Move to rescind the previous motion made by Member Williams; Moved by
Member 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 Progress
Commerce Park Large Scale Preliminary Site Plan; Project No: LS-2021-002, subject
to resolution of the remaining staff comments before the City Commission meeting; Moved
by Vice-Chair Lomneck, Seconded by Member Forges; motion carried 3 to 2 with
Member Kennedy & Member Mellen opposing.
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Planning &Zoning Commission
July 13,2021
(Recess was takenfrom 8:31 pm to 8:37 pm)
D. Potter Property, 1081 N. Lakewood Avenue — Annexation & Rezoning; Project No(s):
AX-06-21-17 & RZ-21-06-21. (Advertised in the West Orange Times on Thursday, July 1,
2021)
Planner Hines presented a brief overview of the proposed annexation and rezoning, which is
approximately 0.37 acres and generally located on the east side of N. Lakewood Avenue and is
approximately 1165 feet south of Wurst Road.The subject parcel has one (1)existing single-family
residence. The applicant is annexing into the City limits as a condition to receiving 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 west. The parcel will receive an R-1
(Single-Family Dwelling) zoning classification upon annexation. The proposed annexation is a
logical extension of the City limits, urban services can be provided, and the annexation meets state
and local regulations.
Discussion:
The Board had no comments or questions.
The applicant was not present for questions.
Public hearing was opened. As no speaker forms were received, the public hearing was closed.
(8:58 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Potter Property at
1081 N. Lakewood Avenue Annexation; Project No: AX-06-21-17, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by Member
Mellen, Seconded by Member Williams; 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 Potter Property at
1081 N. Lakewood Avenue Rezoning; Project No: RZ-21-06-21, subiect to resolution
of the remaining staff comments before the City Commission meeting; Moved by Member
Forges, Seconded by Member Williams; motion carried unanimously.
E. Garcia Arroyo Property, 107 13th Avenue-Annexation &Rezoning; Project No(s): AX-
06-21-18 & RZ-21-06-22. (Advertised in the West Orange Times on Thursday, July 1, 2021)
Planner Hines presented a brief overview of the proposed annexation and rezoning, which is
approximately 0.29 acres and is generally located on the north side of 13th Avenue approximately
172 feet east of N. Lakewood Avenue and 375 feet north of Wurst Road. The subject parcel has
one (1) existing single-family residence. The applicant is annexing into the City limits as agreed
upon in the intent to annex agreement for water service. The subject property is considered
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Planning &Zoning Commission
July 13,2021
contiguous to the City of Ocoee since it is bordered by property located within the City limits to the
south. The parcel will receive an R-1 (Single-Family Dwelling) zoning classification upon
annexation. The proposed annexation is a logical extension of the City limits, urban services can
be provided, and the annexation meets state and local regulations.
Discussion:
The Board had no comments or questions.
The applicant was not present for questions.
The Public hearing was opened.As no speaker forms were received, the public hearing was closed.
(9:01 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Garcia Arroyo
Property at 107 13th Avenue Annexation; Project No: AX-06-21-18, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Williams, Seconded by Member Kennedy; 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 Garcia Arroyo
Property at 107 13th Avenue Rezoning; Protect No: RZ-21-06-22, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by Member
Williams, Seconded by Member Kennedy; motion carried unanimously.
F. Linzey Property, 5024 Adair Street-Annexation & Rezoning; Project No(s): AX-06-21-
19 & RZ-21-06-23. (Advertised in the West Orange Times on Thursday, July 1, 2021)
Planner Hines presented a brief overview of the proposed annexation and rezoning, which is
approximately 0.38 acres and is generally located approximately 1075 feet south of Clarcona Ocoee
Road at the southwest corner of the intersection of Adair Street and 4th Avenue. The subject parcel
has one(1)existing single-family residence.The applicant is annexing into the City limits as agreed
upon in the intent to annex agreement for water service. 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 classification upon
annexation. The proposed annexation is a logical extension of the City limits, urban services can
be provided, and the annexation meets state and local regulations.
Discussion:
The Board had no comments or questions.
The applicant was present for questions.
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Planning&Zoning Commission
July 13,2021
Vice-Chair Lomneck opened the public hearing.
Marcy Linzey, Applicant, stated the road and gutters on Adair Street are terrible, and asked if she
is annexed in,can she get help with that. She further inquired if she does not agree to the annexation,
will the City take her water away. Development Services Director Rumer said Adair Street is a
City street, and he will talk with them after the meeting. He explained the rainfall from the gutters
is transmitted to a County system, and the City cannot touch the gutters.
Chris Linzey,Applicant, asked about the rezoning. He stated he does not mind annexing into the
city.
Vice-Chair Lomneck closed the public hearing.
(9:09 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Linzey Property at
5024 Adair Street Annexation; Project No: AX-06-21-19, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Mellen, Seconded by Member Williams; 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 Linzey Property at
5024 Adair Street Rezoning; Project No: RZ-21-06-23, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Williams, Seconded by Member Forges; motion carried unanimously.
G. Amaran Property, 403 2°d Street - Annexation & Rezoning; Project No(s): AX-06-21-20
& RZ-21-06-24. (Advertised in the West Orange Times on Thursday, July 1, 2021)
Planner Hines presented a brief overview of the proposed annexation and rezoning, which is
approximately 0.39 acres and is located on the east side of 2nd Street, 187 feet north of the E. Silver
Star Road. The subject parcel has one (1) existing single-family residence. The applicant is
annexing into the City limits as agreed upon in the intent to annex agreement for water service. 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-south. The parcel will receive an R-1A (Single-Family
Dwelling) zoning classification upon annexation. The proposed annexation is a logical extension
of the City limits, urban services can be provided, and the annexation meets state and local
regulations.
Discussion:
The Board had no comments or questions.
The applicant was not present for questions.
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Planning&Zoning Commission
July 13,2021
Public hearing was opened. As no speaker forms were received, the public hearing was closed.
(9:12 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Amaran Property
at 403 2nd Street Annexation; Project No: AX-06-21-20, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
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 Amaran Property
at 403 2nd Street Rezoning; Project No: RZ-21-06-24, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Forges, Seconded by Member Kennedy; motion carried unanimously.
(Next item heard out ofAgenda order)
H. Martinez-Perez Property, 128 1st Street - Annexation & Rezoning; Project No(s): AX-
05-21-14 & RZ-21-05-18. (Advertised in the West Orange Times on Thursday, July 1, 2021)
Planner Hines presented a brief overview of the proposed annexation and rezoning, which is
approximately 1.02 acres and is generally located on the west side of 1st Street and is approximately
1124 feet south of E. Silver Star Road. The subject parcel has one (1) existing single-family
residence. The applicant is annexing into the City limits as agreed upon in the intent to annex
agreement for water service. The annexation will eliminate an enclave since the property is
surrounded on all sides by the City of Ocoee. 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, south,and
east. The parcel will receive an R-1A (Single-Family Dwelling) zoning classification upon
annexation. The proposed annexation results in the elimination of an enclave and is a logical
extension of the City limits. Urban services can be provided, and the annexation meets state and
local regulations.
Discussion:
The Board had no comments or questions.
The property owners were present for questions.
Ruth Martinez-Perez, Property Owner, stated this is forced on them, and she is unsure how this
all happened, because they have been living there for nine years. She is wondering if the City can
help them with their devastating roadway. She asked how the annexation benefits the City and
them, and why is this happening now.
Jose Martinez-Perez, Property Owner, stated the Annexation Agreement was requested in 1996
by a previous property owner, and it was not disclosed to them. Development Services Director
Planning&Zoning Commission
July 13,2021
Rumer explained the annexation process to them.
Member Mellen asked the property owners if they want to be annexed into the city.Mr.Martinez-
Perez said if they can get help with their road,they do not mind the annexation.
Public hearing was opened. As no speaker forms were received, the public hearing was closed
Member Mellen asked whether they have to vote on this tonight. Member Keller said it can be
tabled until more information is worked out.
Member Keller asked what precedent would they be setting if a homeowner is receiving city water,
but they do not recommend them to annex into the city. Development Services Director Rumer
explained that the City pledges that properties will annex into the city increasing the population and
tax base which could affect future bonding.
Assistant City Attorney Opsahl stated a motion should be made today.
(8:54 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Denial with a condition to gain
more information, of Martinez-Perez Property at 128 1st Street Annexation; Project
No: AX-05-21-14, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Mellen, Seconded by Member Kennedy;
motion carried 3 to 2 with Vice-Chair Lomneck and Member Williams opposing.
V. ELECTIONS - (9:14 pm)
Vice-Chair Lomneck welcomed new Member Kennedy and welcomed back Member Keller.
Vice-Chair Lomneck opened the floor for nominations of the Chair and Vice-Chair.
Election for Chair
Member Mellen, seconded by Member Williams, moved to elect Vice-Chair Lomneck
for Chair for a term ending July 2022; Motion carried unanimously.
Election for Vice-Chair
Vice-Chair Lomneck, seconded by Member Williams, nominated Member Mellen for
Vice-Chair for a term ending July 2022; Motion carried unanimously.
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Planning&Zoning Commission
July 13,2021
VI. MISCELLANEOUS- (9:15 pm)
A. Project Status Report
Development Services Director Rumer updated the Board with the following:
• Sonny's construction will begin in August.
• The groundbreaking for the VMG office is coming up soon on Silver Star Road.
• Allure Apathuents cleared ground and will be breaking ground soon.
• A project is being finalized on SR 50 with a veterinarian office and three commercial
lots.
• Construction will begin soon on an indoor self-storage off of SR 50 and Good Homes
Road.
• Construction will begin soon on the townhomes off of Clarke Road.
• The largest of the two parking garages at City Center is currently at review and issuance.
B. June Calendar-No updates
Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by
Member Williams, Seconded by Member Mellen; motion carried unanimously.
ADJOURNMENT - 9:19 pm
ATTEST: APPROVED:'
Kathy He , Recording Clerk Bo ck, Vic--Chair
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