12-14-2021 Agenda Packet
MayorCommissioners
Rusty JohnsonLarry Brinson Sr., District 1
Rosemary Wilsen, District 2
City ManagerRichard Firstner, District 3
Robert FrankGeorge Oliver III, District 4
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, October 12, 2021
I. CALL TO ORDER- 6:30 pm
AInvocation and Pledge of Allegiance
B.Roll Call and Determination of Quorum
Present:Chair Lomneck, Vice-Chair Mellen, Member Forges, Member Kennedy, Alternate
Member Keller
Absent:MemberWilliams
Also Present:Development Services Director Rumer,Zoning Manager Whitfield, Assistant City
Attorney Opsahl, Recording ClerkHeard
II. CONSENT AGENDA
A.Minutes of the Planning & Zoning Commission Meeting held September 14, 2021.
III. OLD BUSINESS - None
IV. NEW BUSINESS – Public Hearings
A.Variance Request for Cataldo at 1910 Shari Lynn Terrace; Project No:VR-21-04
(Advertised in the West Orange Times on Thursday, September 30, 2021)
Zoning Manager Whitfieldpresented a brief overview of the variance requestedat 1910 Shari
Lynn Terrace, which is zoned R-1 Single-Family Dwelling. The applicant is requesting a rear
setback reduction from the minimum 25 feet to 10 feet for an existing shed that is proposed to be
converted to an accessory dwelling, which is approximately 10.5 feet from the rear property line.
Section 5-6B of the Land Development Code (LDC) states that accessory structures for the housing
of persons, such as guest houses and garage apartments, shall not be located in any required yard.
Planning & Zoning Commission
October 12, 2021
The required minimum rear yard setback is 25 feet, and the existing accessory structure that is
proposed to be converted to an accessory dwelling is approximately 10.5 feet from the rear property
line.Therefore, theapplicant is requesting a rear setback reduction from the minimum 25 feet to 10
feet. The accessory dwelling being proposed is a two-story, 472 SF,one bedroom small efficiency.
She statedstaff is recommending approval of this variance for the conversionof the existing shed
into an accessory dwelling.
The Board had no comments or questions.
The applicant was present for questions.
The Public hearing was opened. As nospeaker forms were received, the public hearing was closed.
Vice-Chair Mellenasked what is located behind the current shed,and whether there needs to be
land for future utilities.Development Services Director Rumerindicated there is a pond adjacent
in the back, and utility easements are located in the front of homes.
Member Forgesinquired if another structure could be built in this same spot if this structure was
destroyed.Development Services Director Rumerexplained,if for some reasonthis structure
was demolished, they can rebuild in the same footprint. They are not allowed to build another
structure due to the requirement to maintain 50% max impervious area.
Member Kennedyasked what the reasoning is between the setback of the shed and the house.
Development Services Director Rumerexplained the setbacks and how staff came to their
conclusions.
Chair Lomneckread the following into the record.
According to Article VI, Section 4-9.A, the applicant must demonstrate:
(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.
(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.
Planning & Zoning Commission
October 12, 2021
B.Arya Offices – Small Scale Comprehensive Plan Future Land Use Map Amendment
and Rezoning to Professional Offices and Services District;Project No(s): CPA-2021-
003 & RZ-21-07-27(Advertised in the West Orange Times on Thursday, September 30,
2021)
Zoning Manager Whitfieldexplained this item was brought beforethem at the September 14th
meeting; however,it came to staff’s attention that not all of the adjacent properties were notified.
So this item was noticed and re-advertised.
Zoning Manager Whitfieldpresenteda brief overview of 868 Roberson Road, which is located
on the north side of Roberson Road,east of the Tomyn Boulevard(Windermere Road) and
Roberson Road roundabout.The subject property consists of 10.47 acres, and approximately 2.45
acres are wetlands/flood zones. These areas and their associated upland buffers will not be
developed, but rather will be dedicated to the City.The property was recently approved for a
Preliminary/Final Site Plan for a four-story 203,000 SF, 142-unit Independent Living (55+) Facility
with the entrance driveway/main access point at Roberson Road.
The applicant is proposing to develop medical offices in the remaining 1.94 acres of land in the
southwest corner of the subject property. In order for medical offices to be permitted, the land
requires a future land use designation of Professional Offices and Services (P-S) and a zoning
classification of P-S (Professional Offices and Services). Therefore, the applicant is requesting to
amend the future land use designation of the 1.94 acres from Low Density Residential (LDR) to
Professional Offices and Services (P-S), which would rezone the 1.94-acre portion from R-1AA to
P-S.Water, sanitary sewer, reclaimed water (when available), solid waste and police & fire
protection will all be provided by the City of Ocoee.
The Board had no comments or questions.
The applicant was present for questions.
The Public hearing was opened. As nospeaker forms were received, the public hearing was closed.
Planning & Zoning Commission
October 12, 2021
C.409OcoeeApopka Road PUD Large Scale Preliminary/Final Site Plan; Project No:LS-
2021-005(Advertised in the West Orange Times on Thursday, September 30, 2021)
Development Services Director Rumerpresented a brief overview of the proposed Large Scale
Preliminary/Final Site Plan, which is located on the east side of Ocoee Apopka Road, approximately
540 feet north of the intersection of West Silver Star Road and Ocoee Apopka Road. The subject
site is approximately 4.76 acres in size and currently undeveloped.
The applicant is proposing two (2) buildings with a maximum square footage of 61,400. A 29,000
SF building with a retail front and rear delivery access at grade height will be the project's focal
point. The second building of up to 32,000SF will include available dock heights. A ROW
dedication of up to 30feet is being provided. No waivers have been requested. Utilities will be
provided by the City of Ocoee via a 12-inch water main on the east side of Ocoee Apopka Road
and an extension of the sewer from the west side of Ocoee Apopka.Parking is provided via surface
lot with 80 typical parking spaces and additional parking in between buildings. Stormwater
management will be provided onsite.Landscape buffers on the front and rear sideswill be provided.
Since the proposed Office use is located adjacent to existing single-family dwellings, a six (6) foot
wall and landscaping are required on the rear.
The Board had no comments or questions.
The applicant was present for questions.
The Public hearing was opened. As nospeaker forms were received, the public hearing was closed.
Planning & Zoning Commission
October 12, 2021
D.LDC Amendment to Chapter 180, Articles II and V - Mobile Food Dispensing Vehicles –
House Bill (HB) 1193.(Advertised in the West Orange Times on Thursday, September 30,
2021)
Zoning Manager Whitfieldpresented a brief overview of the proposed House Bill 1193 regarding
mobile food dispensing vehicles, whichwas signed into law on June 29, 2021 and became effective
onJuly 1, 2021, amending Section 509.102, Florida Statutes (F.S.), to preempt the regulation of
licenses, registrations, permits,and fees relative to mobile food dispensing vehicles (MFDV) (i.e.
food trucks) to the State.
The Land Development Code, in Section 5-8.B(4), currently prohibits in all zoning districts “the
use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any
goods are sold or stored, any services are performed, or other business conducted without special
permission of the City Commission.” Since issuance of licenses, permits,and fees are preempted
to the State,and since MFDVs must be allowed somewhere within the City, staff recommends
treating them as an accessory use/structure,and allowing them within the commercial and industrial
zoning districts.
Zoning Manager Whitfieldexplained the pros and consfor the City, and said staff is
recommending one (1) amendment to Article II and two (2) amendments to Article V. She outlined
the proposed new language in the ordinance.
Development Services Director Rumerexplained what is currently stated in the LDC with regard
to sales from trailer vehicles, and Florida law states food trucks must be allowed. He further
explained where food trucks are sometimes located throughout the city.
Vice-Chair Mellen stated a great place for food trucks is in front of Toll Road Brewery; however,
the food trucks are in the front setback of the business. Development Services Director Rumer
concurred, and statedthat business has a double-frontage lot, which needs to be considered. Vice-
Chair Mellenasked whether food trucks will be permitted under this proposed ordinance at the
Toll Road Brewery. Development Services Director Rumer stated they will be permitted once
the double-frontage is added.
Chair Lomneckasked why alcohol is prohibited, and Development Services Director Rumer
explained it creates problems with nearby schools and churches; however, maybe someday that
issue can be looked into, but currently thebusinesses that sell alcoholhave to apply for a special
permit.
Member Forgesquestioned why grassy areas are not allowed, and Development Services
Director Rumerexplained the land may not be stable enough; however, businessowners can meet
with citystaff if they have an issue.
Planning & Zoning Commission
October 12, 2021
Chair Lomneckinquired if hotdog carts and barbeque smokers are listed as mobile food trucks,
andZoning Manager Whitfieldanswered in the affirmative.
Member Kennedy inquired how long a truck can be on a site before it is in violation, and Zoning
Manager Whitfieldexplained the ordinance states that food trucks have to work within the hours
of the business, and they cannot park overnight.Discussion ensued regarding the working hours of
the food trucks.
Chair Lomneckrecommended the Cityestablish a food truck zone or some type of platform to
welcome food trucks to the city in a specific area like the new downtown development area.
The Public hearing was opened. As nospeaker forms were received, the public hearing wasclosed.
Discussion ensued regarding the hours of operation for the food trucks.
Vice-ChairMellenvoiced he is not concerned with the hours of operation. Heis concerned with
the City notifying businesses,whichcurrently have food trucks on their premises,that they are no
longer allowed to have the food trucks on their property. Development Services Director Rumer
clarified that the City would only be enforcing location, parking,and other limitations outlined in
the ordinance.
Chair Lomneck explained his reference to a “food truck zone,” which he believeswould be
beneficial around the new City Hall. Member Kellercommented Food Truck Fridays had a
designated area for food trucks.
Planning & Zoning Commission
October 12, 2021
Assistant City Attorney Opsahlclarified the motion, which wasto recommend approval to the
City Commission with a caveat that staff also recommend to the City Commission to designate food
trucks to an area within the new downtown vicinity.
Vice-ChairMellenasked to amend the motion to recommend that staff research the financial
impact to local businesses that already host food trucks.Chair Lomneckcommented he did not
believe that is feasible, because there really is no way to research a private company’s financials.
After discussions, Vice-ChairMellenwithdrew his amendment.
E.LDC Amendment to Chapter 180, Articles II and V - Home-Based Businesses House Bill
(HB) 403.(Advertised in the West Orange Times on Thursday, September 30, 2021)
Zoning ManagerWhitfieldpresented a brief overview of the proposed House Bill 403 for Home-
BasedBusinesses which was signed into law on June 29, 2021, and became effective as of July 1,
2021, amending Section 559.955, Florida Statutes (F.S.), to restrict local governments from
enacting or enforcing any ordinance, regulation or policy,or take any action to license or otherwise
regulate a home-based business, except in accordance with Section 559.955, F.S. Home-based
business regulations currently existing in Section 2-4(154), Article II as a definition,and in Section
5-17, Article V, as development standards.
Zoning Manager Whitfieldexplained the pros and consfor the City, and said staff is
recommending two (2) amendments to Article II and eight (8) amendments to Article V. She
outlined the proposed new language in the ordinance.
The Public hearing was opened. As no speaker forms were received, the public hearing was closed.
Development Services Director Rumer explainedthe new revisions that this law will make
pertaining to parking, signage and fences.
Member Kellerasked what type of screens are required. Development Services Director Rumer
explained this new law states that screens are now required on all sides of a fenced yard to conceal
heavy equipment. Chair Lomneckrecommended adding a condition to require six-foot opaque
screening on all sides to conceal heavy equipment.
Planning & Zoning Commission
October 12, 2021
F.Comprehensive Plan Amendment to Update Capital Improvements Element and Five-
Year Schedule of Capital Improvements(Advertised in the West Orange Times on
Thursday, September 30, 2021)
Zoning Manager Whitfieldannounced, with a revision in the legislation in 2011, a CPA number
is no longer required to updatethe Capital Improvement Element. She presenteda brief overview
of the Capital Improvement Element (CIE) of the City of Ocoee Comprehensive Plan, and explained
itis arequirement of Chapter 163, Florida Statutes (FS), and enables the implementation of the
Plan goals, objectives, and policies that need capital funding for a 5-20 year planning horizon. The
CIE is required to include a Schedule of Capital Improvements (Schedule) which incorporates
publicly and privately funded projects necessary to ensure that the adopted level of service
standards are achieved and maintained.The Schedule shall cover at least a 5-year period. Section
163.3177(3)(b), F.S., requires that the City review, modify and update the Schedule and Capital
Improvements Element on an annual basis.This annual update may be accomplished by ordinance,
and may not be deemed to be an amendment to the local comprehensive plan under Section
163.3184, F.S.
The Board had no questions or comments.
The Public hearing was opened. As nospeaker forms were received, the public hearing was closed.
Chair Lomneckcomplimented Zoning ManagerWhitfieldsaying the City has had a lot of great
zoning managers, but she is by far the best the City has had.
V.MISCELLANEOUS-
A.Project Status Report
Development Services Director Rumer updated the Board with the following:
LDC updatesare forthcoming regarding Airbnb criteria, tiny houses and fences.
Comprehensive plan amendments are forthcoming regarding text and data analysis.
Foundations for the parking garage for City Center are in place. The City is currently
reviewing the foundation for the building.
B.October Calendar -No updates
Planning & Zoning Commission
October 12, 2021
VI.ADJOURNMENT 8:12 pm
ATTEST: APPROVED:
Mayor Commissioners
Rusty Johnson Larry Brinson, Sr., District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert FrankGeorge Oliver III, District 4
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Mayor Commissioners
Rusty JohnsonLarry Brinson, Sr.,District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank George Oliver III, District 4
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Mayor Commissioners
Rusty JohnsonLarry Brinson, Sr.,District 1
Rosemary Wilsen, District 2
City Manager Richard Firstner, District 3
Robert Frank George Oliver III, District 4
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Project Name &
Status
General LocationProject Description
1290 Ocoee Apopka Road
Parcel # 07-22-28-0000-026
24.95 acres
Pine St
Parcel # 07-22-28-0000-00-096
13.01 acres
Commission District 1 –Larry Brinson, Sr.
255 Fountains West Blvd.
Parcel # 06-22-28-2856-08-000
11.73 acres
Commission District 1 –Larry Brinson, Sr.
2291 West Road
Parcel # 05-22-28-0000-00-017
14.10 acres
West Road
Parcel # 05-22-28-0000-00-043
14.97 acres
Commission District 1 –Larry Brinson, Sr.
1411 N. Lakewood Ave.
Parcel # 08-22-28-5956-12-120
0.17 acres
Commission District 1 – Larry Brinson, Sr
1610 N Lakewood Ave.
Parcel # 07-22-28-0000-00-054
20.16 acres
Commission District 1 –Larry Brinson, Sr.
Nicole Boulevard
Parcel # 08-22-28-0000-00-045
6.19 acres
Commission District 1 – Larry Brinson, Sr.
Clarcona Ocoee Road
Parcel # 05-22-28-0000-00-040
15.63 acres
Commission District 1 – Larry Brinson, Sr.
10711 N Lakewood Ave
Parcel # 05-22-28-0000-00-004
4.7 acres
Commission District 1 –Larry Brinson, Sr.
10711 N Lakewood Ave
Parcel # 05-22-28-0000-00-004
34.48 acres
Commission District 1–Larry Brinson, Sr.
10711 N Lakewood Ave
Parcel # 05-22-28-0000-00-004
34.48 acres
Commission District 1 –LarryBrinson, Sr.
2443 Ocoee Apopka Road
Parcel # 06-22-28-2856-03-000
Commission District 1 – Larry Brinson, Sr.
District 2 – Rosemary Wilsen
Project Name &
Status
General LocationProject Description
Ordinance adopted at the
nd
437 2Street
August 3, 2021, City
Parcel # 17-22-28-3624-01-140
Commission meeting
0.25acres
Commission District 2 – Rosemary Wilsen
Ordinance adopted at the
nd
499 2Street
August 3, 2021, City
Parcel # 17-22-28-3624-01-056
Commission meeting
0.75acres
Commission District 2 –Rosemary Wilsen
Ordinance adopted at the
nd
501 2Street
August 3, 2021, City
Parcel # 17-22-28-0000-00-055
Commission meeting
0.25acres
Commission District 2 –Rosemary Wilsen
Ordinance adopted at the
rd
502 3Street
August 3, 2021, City
Parcel # 17-22-28-0000-00-139
Commission meeting
0.24acres
Commission District 2 –Rosemary Wilsen
Ordinance adopted at the
nd
503 2Street
August 3, 2021, City
Parcel # 17-22-28-3624-01-086
Commission meeting
0.75acres
Commission District 2 –Rosemary Wilsen
Ordinance adopted at the
nd
503 2Street
August 3, 2021, City
Parcel # 17-22-28-3624-01-086
Commission meeting
0.76acres
Commission District 2 –Rosemary Wilsen
Ordinance adopted at the
nd
503 2Street
August 3, 2021, City
Parcel # 17-22-28-3624-02-070
Commission meeting
0.15acres
Commission District 2 – Rosemary Wilsen
Approved at the June 15,
2021 City Commission
st
529 1Street
meeting
Parcel # 17-22-28-3624-03-180
0.15acres
Commission District 2 –Rosemary Wilsen
606 South Bluford Ave.
Approved for Construction
Parcel # 17-22-28-6144-04-401
1.1acres
Commission District 2 –Rosemary Wilsen
113 W. Oakland Avenue
Parcel # 17-22-28-2873-00-020
0.29 acres
Commission District 2 – Rosemary Wilsen
449 S Bluford Ave
Parcel # 17-22-28-6144-04-056
0.78acres
Commission District 2 – Rosemary Wilsen
251 Main Street
Parcel # 20-22-28-0000-00-015
11.92 acres
Commission District 2 –Rosemary Wilsen
1414 e. Silver Star Road
Parcel # 16-22-28-0000-00-042
1.73 acres
Commission District 2 –Rosemary Wilsen
35 Rewis Street
55 Rewis Street
38 E. Silver Star Road
50 E. Silver Star Road
Parcel # 18-22-28-4100-00-020
Parcel # 18-22-28-2100-00-030
Parcel # 18-22-28-0000-00-064
Parcel # 18-22-28-0000-00-065
6.63 acres
Commission District 2 –Rosemary Wilsen
1891 E. Silver Star Road
Parcel # 16-2-28-8049-00-003
5.06 acres
Commission District 2 –Rosemary Wilsen
101 W. Silver Star Road
Parcel # 18-22-28-4100-00-171
0.61 acres
Commission District 2 – Rosemary Wilsen
54 Rewis Street
Parcel # 18-22-28-7900-05-051
0.25 acres
Commission District 2 –Rosemary Wilsen
9000 W. Colonial Drive
Parcel # 27-22-28-8005-00-040
4.1 acres
Commission District 2 –Rosemary Wilsen
District 3 – Richard Firstner
Project Name &
Status
General LocationProject Description
409 Ocoee Apopka Road
Parcel # 18-22-28-0000-00-056
4.76 acres
Commission District 3 –Richard Firstner
901 E. Crown Point Rd.
Parcel # 12-22-27-0000-00-081
2.4 acres
Commission District 3 –Richard Firstner
868 Roberson Road
Parcel # 31-22-28-0000-00-005
10.29 acres
Commission District 3 – Richard Firstner
Parcel# 18-22-28-0000-00-006
8.13 acres
Commission District 3 –Richard Firstner
450 Ocoee Apopka Road
Parcel # 18-22-28-0000-00-006
11.23 acres
Commission District 3 – Richard Firstner
West Colonial Dr.
Parcel # 20-22-28-9138-03-000
.62 acres
Commission District 3 –Richard Firstner
11401 W. Colonial Dr.
Parcel # 19-22-28-0000-00-007
945 Marshall farms Rd.
Parcel# 19-22-28-0000-00-008
Commission District 3 – Richard Firstner
2647 Maguire Road
Parcel # 31-22-28-0000-00-012
Commission District 3 – Richard Firstner
2647 Maguire Road
Parcel # 31-22-28-0000-00-012
2663 Maguire Road
Parcel# 31-22-28-0000-00-023
Commission District 3 – Richard Firstner
2663 Maguire Road
Parcel# 31-22-28-0000-00-023
Commission District 3 – Richard Firstner
393 Enterprise Street
Parcel# 19-22-28-9153-02-601
1.26 acres
Commission District 3 – Richard Firstner
1340 Marshall Farms Road
Parcel# 30-22-28-0000-00-001
7.51 acres
Commission District 3 –Richard Firstner
East Crown Point Road
Parcel # 13-22-27-0004-01-002
1.46 acres
Commission District 3 – Richard Firstner
820 Tomyn Blvd
Parcel # 30-22-28-0000-00-017
Maguire Road
Parcel # 30-22-28-0000-00-004
16.87 acres
Commission District 3 – Richard Firstner
2802 Old Winter Garden Road
Parcel # 29-22-28-0000-00-007
16.61 acres
Commission District 3 – Richard Firstner
934 Roberson Road
Parcel # 31-22-28-0000-00-051
17.05 acres
Commission District 3 –Richard Firstner
336 Franklin St.
Parcel# 18-22-28-8064-00-411
.37 acres
Commission District 3 – Richard Firstner
11953 W. Colonial Drive
Parcel # 19-22-28-0000-00-073
2.54 acres
Commission District 3 – Richard Firstner
11131 West Colonial Dr.
Parcel # 19-22-28-9652-00-020
.62 acres
Commission District3– Richard Firstner
11030 w Colonial Dr
Parcel# 30-22-28-0000-00-020
7.33 acres
1535 Maguire Rd
Parcel# 30-22-28-0000-00-030
4.50 acres
W Colonial Dr
Parcel# 30-22-28-0000-00-061
.01 acres
Commission District 3 –Richard Firstner
11001 West Colonial Dr.
Parcel # 19-22-28-0000-00-024
.61 acres
Commission District 3 – Richard Firstner
Parcel # 31-22-28-0000-00-050
8.13 acres
Commission District 3 –Richard Firstner
Franklin Street
Parcel # 18-22-28-0000-00-025
5.77 acres
Commission District 3 – Richard Firstner
870 Tomyn Blvd
Parcel# 30-22-28-2861-01-0000
10.73 acres
Commission District 3 –Richard Firstner
10500 W. Colonial Drive
Parcel # 29-22-28-8940-00-010
21.79 acres
Commission District 3 –Richard Firstner
222 Capitol Court
Parcel# 19-22-28-9153-01-800
3.389 acres
Commission District 3 – Richard Firstner
District 4 – George Oliver, III
Project Name &
Status
General LocationProject Description
Ordinance adopted at the
8667 A.D. Mims Road
August 3, 2021, City
Parcel # 10-22-28-0000-00-004
Commission meeting
9.94 acres
Commission District 4 -George Oliver, III
9723 Clarcona Ocoee Road
Parcel # 33-21-28-0010-06-041
15.23 acres
Commission District 4 –George Oliver, III
1842 E. Silver Star Road
Parcel # 16-22-28-4532-00-040
5.12 acres
Commission District 4 – George Oliver, III
2121 North Clarke Road
Parcel # 04-22-28-0000-00-048
21.05 acres
Commission District 4 – George Oliver, III
1900 E. Silver Star Rd.
Parcel # 15-22-28-4716-00-130
6.92 acres
Commission District 4 –George Oliver, III
Ocoee Vista Parkway/AD Mims Road
Parcel # 09-22-28-0000-00-056
11.99 acres
Commission District 4 – George Oliver, III
2149 Lauren Beth Avenue
Parcel # 04-22-28-0000-00-024
18.58 acres
Commission District 4 – George Oliver, III
44 W. McCormick Road
Parcel # 33-21-28-0000-00-007
100 E McCormick Road
Parcel # 34-21-28-0000-00-022
3201 Trout Lake Road
Parcel # 33-21-28-0000-00-020
212.30 acres
Commission District 4 –George Oliver, III
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