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05-10-2022 Agenda Packetlort,d'o PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) May 10, 2022 1. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum If. CONSENT AGENDA REGULAR MEETING OCOEE CITY HALL Commission Chambers 150 N. LAKESHORE DRIVE OCOEE, FL 34761 AGENDA A. Minutes of the Planning and Zoning Commission Meeting held on April 12, 2022. III. OLD BUSINESS 6:30 PM A. Land Development Code (LDC) Amendment for Airbnb Public Hearing 1. LDC Amendment to Article II Section 2-4, Definitions, and Article V, Section 5-15 Specific Use/Development standards, relating to tourist homes/vacation home/short- term rental units. IV. NEW BUSINESS A. 902 Hire Circle — Country Comfort Care Public Hearing 1. Variance Request (VR-22-02) V. MISCELLANEOUS A. Project Status Report B. May Calendar VI. ADJOURNMENT Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. MORE THAN ONE COMMISSIONER MAY PARTICIPATE OR HEAR DISCUSSIONS REGARDING A MATTER WHICH WILL COME BEFORE THE COMMISSION FOR ACTION. pile-R . lillillillm L 12) MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, April 1.2, 2022 I. CALL TO ORDER - 6:30 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chair Lomneck, Vice -Chair Mellen, Member Forges, Member Kennedy, Member Williams, Alternate Member Keller Absent: None Also Present: Development Services Director Rumer, Zoning Manager Whitfield, Assistant City Attorney Drage, Recording Clerk Heard II. CONSENT AGENDA A. Minutes of the Planning & Zoning Commission Meeting held March 8, 2022. Motion for Approval of the Consent Agenda: Moved by Vice -Chair Mellen, Seconded by Member Williams; Motion carried unanimously. III. OLD BUSINESS - None IV. NEW BUSINESS — Public Hearings (6:31 pm) A. The Regency Mixed -Use Development Preliminary Site Plan; Project No: LS-2022-001. (Advertised in the West Orange Times on Thursday, March 31, 2022) Development Services Director Rumer presented a brief overview of this project, which consists of three (3) parcels, approximately 16.68 acres in size, and is located on the north side of the Florida Turnpike and the west side of the Maguire Road and Old Winter Garden Road intersection. The parcels are located within the CRA Target Area 1 Special Area Overlay. This development proposes 300 luxury multi -family units, which will consist of seven (7) four-story buildings. Building 1 is proposed to contain 12 units and approximately 7,500 SF of retail. Buildings 2-7 are proposed to consist of studios, one, two, and three bedroom units. Planning & Zoning Commission April 12, 2022 Development Services Director Rumer explained the developers have stated they will provide an extension of Old Winter Garden Road from Maguire Road to State Road 50 as well as an onsite stormwater pond. The proposed future extension is where the main access/entrance will be. An amenity center/clubhouse with pool, dog park, and the stormwater pond will all be located on the south side of the proposed future extension. Utilities will be extended to the site from Maguire Road. He stated the next step will be the Final Site Plan with a Development Agreement. Discussion: Member Williams asked who will maintain the stormwater pond. Development Services Director Rumer explained the owners will have ownership and maintenance. He further stated he anticipates the stormwater pond to look like a pond park. Member Keller inquired if the City will require any timeline in which the retail portion has to be completed prior to the residential buildout and whether the dog park is only for use by this community. Development Services Director Rumer answered in the affirmative stating the retail is currently located within Buildings 1 and 2, which will be built first. He further stated the dog park is only for this community. It will not be open to the public. Vice -Chair Mellen asked if a traffic study was completed. Development Services Director Rumer stated that a traffic study is not needed due to the placement of the proposed future extension. Erika Hughes, Applicant, FHB, 225 E. Robinson Street, Orlando, stated it has been a pleasure working with City staff, and her team is available for any questions. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. (6:49 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of The Regency Mixed - Use Development Preliminary Site Plan; Project No: LS-2022-001; subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Kennedy, Seconded by Member Forges; motion carried unanimously. B. 429 Business Center Phase II Small Scale Comprehensive Plan Future Land Use Map Amendment (CPA/FLU) from Low Density Residential (LDR) to Light Industrial (LI) and Rezoning from R-lA (Single -Family Dwelling District) to I-1 (Light Manufacturing and Warehousing District); Project No(s): CPA-2022-002 & RZ-22-02-34. (Advertised in the West Orange Times on Thursday, March 31, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is approximately 5.58 acres, located at 701, 707 and 711 :Pine Street and within the State Road 429 Overlay District Business Center Character Area. She explained the proposed Comprehensive Plan Amendment to change the future land use designation to Light Industrial and corresponding Rezoning to I-1 (Light Manufacturing and Warehousing) is consistent with the Business Center Character Area Design Plan for Sub -Area A. The applicant is requesting the Comprehensive Plan Amendment and Planning & Zoning Commission April 12, 2022 Rezoning in order to develop approximately 160,720 SF of warehouse and 37,200 SF of flex -space which is consistent with the Business Center Character Area Design Plan. The applicant provided a traffic impact analysis (TIA), which concluded that the proposed amendment would not cause any additional deficiencies in surrounding roadways. The City is evaluating an extension of Pine Street with a future connection between the Pine Street extension and Ocoee Apopka Road along the south side of the future Beltway 429 :Project. That connection along with the Florida Department of Transportation (FDOT) planned improvements along SR 438 will help to alleviate transportation deficiencies in the project area. Discussion: Vice -Chair Mellen asked when the traffic study was done. Zoning Manager Whitfield said the study was submitted with the application. Member Forges asked what type of properties are adjacent to the south. Zoning Manager Whitfield answered residential homes. Matthew Sullivan, TSG Development, Orlando, indicated he is available to answer any questions. Chair Lomneck opened the public hearing. John Palmer, 750 Pine Street, said he lives adjacent to this property and feels misled and misinformed as they were never told about the SR 429 Overlay. He further stated they feel they are getting squeezed out and surrounded by commercial. Chair Lomneck closed the public hearing. Member Forges said he appreciates staff for explaining that the developer will build a road that will connect :Pine Street to Ocoee Apopka Road. Member Williams asked if staff has a response to the concerns of the residential neighbors. Development Services Director Rumer explained all of the overlays are vision plans; and further, the land uses in this vicinity could take up to 20 years to be revised, because the City did not revise them at the onset of implementing the overlays. He further stated the surrounding land is mostly Orange County agriculture, and the City of Ocoee does not have an agricultural land use. Member Kennedy inquired if the purpose of the Business Character Overlay is to convert all residential land uses to light industrial. Development Services Director Rumer answered the vision and zoning overlay is for everything west of Ocoee Apopka Road to become commercial. (7:20 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 429 Business Center Phase 11 Small Scale Comprehensive Plan Future Land Use Map Amendment (CPA/FLU) from Low Density Residential (LDR) to Light Industrial (LI); Proiect No.: CPA-2022-002, subject to resolution of the remaining staff comments before the Citx Commission meeting; Moved by Member Forges, Seconded by Member Williams; motion carried 3-2 with Vice -Chair Mellen and Member Kennedv oDDosina. Planning & Zoning Commission April 12, 2022 Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the 429 Business Center Phase II Rezoning from R-1A (Single -Family Dwelling District) to 1-1 (Light Manufacturing and Warehousing District); Project No.: RZ-22-02-34, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Forges, Seconded by Member Williams; motion carried 3-2 with Vice -Chair Mellen and Member Kennedy opposing_ C. Land Development Code (LDC) Amendment to Article II, Section 2-4, and Article V, Section 5-15 Relating to Tourist Homes. (Advertised in the West Orange Times on Thursday, March 31, 2022) Zoning Manager Whitfield presented a brief overview of this proposed LDC Amendment, which clarifies the existing definition of "Tourist Home" in Article II, Section 2-4 and further, creates two (2) new definitions in that section for "Transient Guest" and "Vacation and Short -Term :Rental". This LDC Amendment also amends Article V, Section 5-15 regarding "Specific Use/Development Standards" creating a new Subsection 5-15(C) to establish the standards and a process for tourist homes including: 1) A no -cost application for Tourist Home Local Business Tax Receipt and Certificate; 2) Payment of local taxes per Chapter 119 of the Code of Ordinances and obtaining a Tourist Home Certificate (updated annually); 3) Identification of a Responsible Party (which may be the tourist home owner, property owner, or other person or entity) to ensure compliance with all state and local codes and regulations, including all requirements of the City's residential district standards; 4) Clarification of existing parking requirements; 5) Building and fire safety inspections; and 6) Ability of the Development Services Director to revoke the Certificate or pursue other remedies if the provisions in Section 5-15 and the Certificate are violated. Disru.c.cinn Chair Lomneck asked if the fire safety inspections would be on -demand. Zoning Manager Whitfield answered the responsible party would need to provide an inspection within 48 hours. Member Williams inquired if the Renter would have any recourse with the City if the property is subpar. Zoning Manager Whitfield stated the Renter should contact the responsible party with any issues. However, if there is a building/fire code issue, they should contact the City. Member Keller asked which four (4) rooms within the tourist home is the LDC referring to under "Definition of Terms. (308) Tourist Home: A Dwelling, building or structure in which sleeping and bathing accommodations in not more than four 4) rooms are provided or offered for transient guests for compensation." Zoning Manager Whitfield answered tourists are only allowed to rent up to four rooms in a house. Development Services Director Rumer explained the definition is intended to stop 20 guests renting out a five -bedroom house. Member Forges pointed out that it says "rooms", and a three -bedroom house can have eight rooms; and further, he suggested that it should state "bedrooms". Discussion ensued regarding how many transient guests should be allowed to rent the four rooms. 4 Planning & Zoning Commission April 12, 2022 The Public hearing was opened. As no speaker forms were received, the public hearing was closed. (7:51 pm) Motion: Move to continue this item to the May 10, 2022, Planning and Zoning Commission meeting; Moved by Vice -Chair Mellen, Seconded by Member Kennedy. Discussion ensued regarding the differences between a Bed & Breakfast, a Hotel, and an Airbnb. Development Services Director Rumer thanked the Board for their input and suggested this item be brought back to the May meeting to give staff time to research how to limit each room in a house from potentially being rented out separately under the proposed amendment. Member Williams suggested that maybe room rental provisions should be listed in the application and not the ordinance. Member Keller suggested continuing this to give staff time to add additional language. After discussion, motion carried 3-2 with Chair Lomneck and Member Williams opposing_ V. MISCELLANEOUS - (8:03 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • The Fifth -Third Bank is being rebuilt as a Starbucks. • The intersection at Fullers Cross Road and Lakewood Avenue will be closed after school is out, at the end of May, to construct a roundabout. • The proposed roundabouts on S. Bluford Avenue located at W. Geneva Street and Maine Street were discussed. • Chair Lomneck inquired if there will be training this year with regard to the Land Development Code. Development Services Director :Rumer advised there is a large comprehensive plan update coming soon, and he will look into it. B. April Calendar - No updates VI. ADJOURNMENT - 8:09 pm ATTEST: APPROVED: Kathy Heard, Recording Clerk Brad Lomneck, Chair LAND •'CODE'•' KI 1. LDC AMENDMENT DEFINITIONS, ANI SPECIFIC USE/DE RELATING TO Tt ZTICLE II SECTION 2-4, ICLE V, SECTION 5-15 PMENT STANDARDS, T HOMES/VACATION .ay—o" Rusty Johnson City A/hu-111slex Robert Fran REMUSAAgAm DATE: May 10, 2022 .Commissioners , rry Brinson, Sr., District 1 Rosemary Wilsen, .District 2 Richard t^'irstner°, District George Oliver It I, District 4 TO: The Planning and Zoning Commission (Local Planning Agency) FROM: Anoch P. Whitfield, Zoning Manager SUBJECT: Land Development Code (LDC) Amendment to Article II, Section 2-4, and Article V, Section 5-15 Relating to Tourist Homes ISSUE: Should the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), recommend approval of amendments to Section 2-4 of Article II and Section 5-15 of Article V of the Land Development Code (LDC) relating to regulation of tourist homes? DISCUSSION: The City has been experiencing a greater interest and influx of property owners and investors wanting to operate tourist homes or vacation rental units in the City. Section 509.032(7), Florida Statutes (FS), preempts the City's ability to prohibit vacation rentals or to regulate the duration or frequency of rental of vacation units if local Codes were not already in place prior to 2011. Because the City had provisions in place regarding tourist homes, including the number of rooms that could be offered for rent, requirements for parking and tax classification for lodging establishments based on the number of rooms or rental spaces with fewer than 5 rooms, the City has the ability to update its Code in a manner that does not violate the preemption. The attached ordinance details the proposed LDC amendments; however, below is a summary of the changes. Amendments to Article II, Section 2-4. Definitions: o Clarify existing definition of tourist home, and o Create two (2) new definitions: ■ "Transient guest" — The existing tourist home definition makes reference to "transient guests", but there is currently no definition for what a transient guest means, and ■ "Vacation and short-term rental" — To refer readers doing key word searches for "vacation rentals" in the Code to refer to the "tourist home" definition. Meeting Date May 1 2022 g- Amendments to Article V, Section 5-15. Specific Use/Development Standards: Create a new Subsection 5-15(C) to establish the standards and a process for tourist homes, including: o A no -cost application for Tourist Home Local Business Tax Receipt and Certificate, o Payment of local taxes per Chapter 119 of the Code of Ordinances and obtaining a Tourist Home Certificate (updated annually), o Identification of a Responsible Party (which may be the tourist home owner, property owner, or other person or entity) to ensure compliance with all state and local codes and regulations, including all requirements of the City's residential district standards, o Clarification of existing parking requirements, o Building and fire safety inspections, and o Ability of the Development Services Director to revoke the Certificate or pursue other remedies if the provisions in Section 5-15 and the Certificate are violated. Based on a preliminary inventory conducted by staff, the existing tourist homes and short-term rental units offered or available for rent include rooms in a house, entire houses, boathouses, and tiny homes. While the City does not desire to prevent or otherwise stop the operation of tourist homes and other short-term rentals, there is a recognized need to establish standards to protect the health, safety and general welfare of the public and reduce or eliminate adverse impacts to those property owners or residents residing adjacent to or near a tourist home or other short-term rentals. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), recommend approval of amendments to Section 2-4 of Article II and Section 5- 15 of Article V of the Land Development Code (LDC) relating to regulation of tourist homes. Attachment: Summary of Vacation Rental Legislation Ordinance Short Term Rentals and Vacation Rentals I. SUMMARY OF LEGISLATION Section 509.032 in 2010 There were no specific references or regulations relative to vacation rentals prior to 2011. Original Statutes in 2010. (7) PREEMPTION AUTHORITY. —The regulation of public lodging estabtishments and public food service establishments, inctuding, but not timited to, the inspection of public lodging establishments and public flood service establishments for compliance with the sanitation standards adopted under this section, and the regulation of food safety protection standards for required training and testing of food service establishment personnel are preempted to the state. This subsection does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.022. House Bill 883 (Chapter 2011-119 Laws of Florida, Signed June 2, 2011, Effective upon becoming law) On June 2, 2011, HB 883 amended 509.032, F.5., by creating a new subsection 509.032(b) to prohibit local governments from regulating, restricting, or prohibiting vacation rentals based solely on their classification, use or occupancy. This legislation, however, states that this paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. What this meant, or at least implied at the time, was that the State prohibited local governments from restricting, regulating or prohibiting vacation rentals based solely on their classification, use or occupancy but did not prohibit local governments from regulating other aspects or impacts of vacation rentals. Below is new language copied from HB 883. (7) PREEMPTION AUTHORI (a) The regulation of public lodging establishments and public food service establishments, including, but not limited to, the itispee6eft of ptthlie lodging and publie kied seisl,iee estah-li-sh-raeats for eomph anee �th t sanitation standards, inspections, r-a—dopyl—'ed und r- this seetionT and the � -9u �jy n standards fiw-requifebl, training and testing of —i-• e- esta lishI44A.�Af personnel, and matters related to the nutritional content and marketing of foods of in such establish- ments, is arte preempted to the state. This parMaph subsection does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.022. Ub based solely on their classification, use, or occupancy. This Daraizr,--wh does June I ordinance o, re atindon adopted on our befobeforenot apply to aU local law. r —1 M I. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regglation is required to be approved by the lie Dartment of Community Affairs 1)ursuant to an area of critical state concern desigLiation. Short Term Rentals and Vacation Rentals Senate Bill 356 (Chapter 2014-71 Laws of Florida, Signed June 13, 2014, Effective July 1, 2014) Subsequently, in 2014, the State passed HB 356 that further amended 509.032(b), F.S., to add more restrictions on local governments by requiring that local governments may not prohibit vacation rentals or regulate the duration (the length of stay) or frequency (how often a room or unit gets rented out) of rental of vacation rentals. See 2014 HB 356 excerpt below: (7) PREEMPTION AUTHORITY. — (a) The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the state. This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishment,-, for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633,206. W A local law, ordinance, or regulation may not PeA.Aet the, uise�� vacation fentah--- , prohibit vacation rentals-i or regulate the duration or frequency of rental of vacation rentals bass, �-- use, wr oeeup+Hwy- This paragraph does not apply to tiny local law, ordinance, or regulation adopted on or before June 1, 2011, (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation. This language has remained unchanged since 2014. Below is the current language: (7) PREEMPTON AUTHORt (a) Mae regulation of public lodging establishments and public food service e5tablishi-nents, including, but not Limited to, sanitation standards, inspections., training mid testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the, state, This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for comptiance with the Florida Building Code and the Florida Fire Prevention, Code, pursuant to ss. 553.80 and 633.20,6. E"cat taw, ordinance ation may not prohibit'vacation rentals or regulate the ""L or regut, dun or freqUency of rentall, of vacation rentals. This paragriph does not apply to any iocai law, 'Itio 01_d reguLation adopted on or be fore June r,, 2011 i na n oy (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation. 2 Short Term Rentals and Vacation Rentals Ii. FINDINGS AND RECOMMENDATIONS 1) Findings: Below are existing City Codes and Florida Statutes that can be used to help develop standards for regulating vacation and short-term rentals. a. City Code of Ordinances: i. Section 119-1. — Levy of tax. "The City hereby levies an occupational license tax upon every person exercising the privilege of engaging in or carrying on any business, profession or occupation within the City and authorizes the issuance of occupational licenses as authorized by Chapter 205, FS." ii. Section 119-5. Classifications subject to tax; amount of tax. The City currently has a tax classification for lodging establishments based on the number of rooms or rental spaces. Fewer than 5 rooms or rental spaces is $78.15. b. City LDC: i. Section 2-4(306) Tourist Home. There is currently a definition for tourist homes, as follows: "A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation." ii. Section 6-4G(1)(c). The Parking Code currently establishes a parking ratio for tourist homes as follows: one (1) space per bedroom and one (1) space for the resident owner/manager. iii. Section 5-13. Uses Accessory to Residential Uses. The current Code allows accessory apartments, garage apartments and guest cottages on a residential lot so long as such accessory dwelling does not exceed 600 SF and meets the building setback requirements of the principal structure. iv. Section 6-15. Multi family Development Standards. Short term rentals are expressly prohibited in a multi- family development that are under fee simple ownership or condominium form of ownership. c. Florida Statutes: i. Section 509.013(4)(a) Public Lodging Establishments. Florida Statutes establishes a distinction between "transient public lodging establishments" and "non -transient public lodging establishments" as follows: • Transient public lodging establishments: Renting of rooms or units to guests more than 3 times in a calendar year for a period of less than 30 days or 1 month, whichever is less. Advertised or held out to the public as a place regularly rented to guests. • Non -transient public lodging establishments": Renting of rooms or units to guests for a period of at least 30 days or 1 month, whichever is less. Advertised or held out to the public as a place regularly rented to guests for a period of at least 30 days or 1 calendar month. • Does not apply to facilities or establishments licensed or regulated by AHCA or the Department of Health (so, does not apply to community residential homes and ALFs serving 6 or fewer residents per s. 419.001, FS) • Does not apply to units or groups of units rented for periods of at least 30 days or 1 calendar month, whichever is less, that are not advertised or held out to the public as a place regularly rented for periods of less than 1 calendar month (but no more than 4 rental units in a single building complex) ii. Section 509.032(7)(a) Preemption Authority. State preemption on vacation rentals is relative to prohibition of vacation rentals and the ability to regulate duration and frequency. It does not state that local governments cannot regulate impacts, and it does not apply to the local government's or local enforcement district's authority to conduct inspections of public lodging establishments for compliance with the Florida Building Code and Florida Fire Prevention Code. 3 Short Term Rentals and Vacation Rentals 2) Recommendations. Based on the findings above, staff makes the following recommendations. a) Amend Section 2-4, Article II, Definitions, to update the existing tourist home definition and add a definition for "transient guest" using existing definitions in Florida Statues as follows: (306) Tourist Home. A dwelling buildin or structure in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation. Tourist homes must meet the home occupation criteria established in Section 5-15C, Article V. (307) Transient Guest. A guest ocLcuDpyinfa tourist home, vacation rental unit or room, or other public lodging establishment, as defined in Section 509.013(4), Florida Statutes, where it is the intention of the parties that the oceupanc� will be temporary and such occupied unit or room is not the sole residence of the uest. b) Amend Section 5-15. Specific use/development standards to create a new sub -section for tourist homes. Below are recommended regulations that are intended to alleviate adverse impacts of tourist homes on surrounding neighborhood without regulating duration or frequency. § 5-15. — SPECIFIC USE/DEVELOPMENT STANDARDS. C. Tourist Homes. (1) Operation of a tourist home shall be subject to all applicable City business taxes under Chapter 205, F.S., and Article 119, Code of Ordinances. No tourist home shall be rented or offered or advertised for rent without an active Local Business Tax Receipt (BTR) and a valid Tourist Home Certificate. The Certificate and BTR must be updated annually. (2) The owner of a tourist home shall designate a Responsible Party who will be the person or entity authorized by the property owner to obtain a Tourist Home Certificate and who: i. Will be responsible for ensuring compliance with all regulations related to the operation of a transient public lodging establishment or tourist home; ii. Will be available to respond 24 hours per day, 7 days per week to any issue that arises relating to the tourist home; iii. Must reside within the City or within a 10-minute/10-mile drive of the home; and iv. May be the property owner. The designation of a Responsible Party does not relieve the property owner of the responsibility of complying with all state and local regulations. (3) An application for a Tourist Home Certificate shall include the following: 1. Business Name 2. Name, address and telephone number of the owner/operator of the tourist home 3. Name, address and telephone number of the responsible party 4. Tourist Home Affidavit; 5. A survey or site plan, drawn to -scale, demonstrating how parking will be provided and identifying any proposed improvements to the property; and 6. A floor plan of the tourist home and the rooms that may be rented or offered for rent to transient guests. Maximum of four (4) rooms may be rented or offered for rent to transient guests. 4 Short Term Rentals and Vacation Rentals (4) A tourist home shall provide off-street parking in accordance with the parking requirements established in Section 6-4; however, such parking shall be in conformance with the setbacks and impervious surface area standards in Table 5-2. (5) Operation of a tourist home shall comply with the City's noise, littering and waste disposal regulations established in the Code of Ordinances (Chapters 101, 113 and 143) as well as local and state building and fire safety regulations. (6) The tourist home shall be made available for inspection pursuant to Sections 553.80 and 633.206, F.S., within forty-eight (48) hours of a written request by the City. Needed corrections and time frame for completion of such corrections to remedy any failed inspections shall be established by the City Building Official if they relate to building safety or by the City Fire Marshal, if they relate to fire safety. (7) The Development Services Director shall have the authority and responsibility to revoke any tourist home tax receipt and/or to pursue other remedies as provided in the Land Development Code if any of these provisions are violated. 5 ORDINANCE NO. 2022- (LDC Update for Tourist Homes/ Vacation Homes/Short-Term Rental Units) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE II, SECTION 2- 4 DEFINITIONS AND ARTICLE V, SECTION 5-15 SPECIFIC USE/DEVELOPMENT STANDARDS RELATING TO TOURIST HOMES/VACATION HOMES/SHORT-TERM RENTAL UNITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article Vill of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has experienced, within its jurisdictional limits, an increase in the tourist home, vacation home and short-term rental industry; and WHEREAS, the City has found it is necessary to protect existing adjacent properties from potential adverse impacts of such tourist home, vacation home and short-term rental industry and to ensure the health, safety and general welfare of the public; and WHEREAS, on April 12, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Sections 2-4 and 5-17 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to home -based businesses; and WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public; and WHEREAS, following advertisement and two (2) duly noticed public hearings on the Ordinance on May 3, 2022 and May 17, 2022, the Ocoee City Commission approved the amendments to Sections 2-4 and 5-15 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 3. AMENDMENT OF THE LDC. Sections 2-4 and 5-15 of the City of Ocoee Land Development Code are hereby amended to read as depicted in Exhibit "A" with underlines representing additions and strike-throughs representing deletions. SECTION 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto SECTION 6. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re -lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. immediately upon passage and adoption. PASSED AND ADOPTED this day of This Ordinance shall become effective [Space intentionally blank] 2022. -2- ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 2022. go City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED 2022 READ FIRST TIME 2022. READ SECOND TIME AND ADOPTED , 2022. J11 01191:1 010L\1Wkyl1i•[�>w -3- Changes are hereby made to Sections 2-4 and 5-15, as follows, with underline representing additions and strike -through representing deletions: ARTICLE 11 § 2-4. - DEFINITION OF TERMS. (308) Tourist Home. A dwelling, b �Idin or structure in which sleeping and bathing accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation. Tourist homes must meet the home occupation criteria established in Section 5-15C. Article V. where it is the intention of the parties that the occupancy will be temporary and such occuoied unit or room is not the sole residence of the auest. i ELOWMEM011111 ARTICLE V § 5-15. — SPECIFIC USE/DEVELOPMENT STANDARDS. . Wiffmac _W under Chapter 205, F.S., and Article 119, Code of Ordinances. Nr) tourist home shall be rented or offered or advertised for rent without an active Local Business Tax Receipt (BTR) and a no -cost valid Tourist Home Certificate. The Certificate and BTR must be updated annualIv. An aoplication for a Tourist Home Certificate shall include the follo�Ad�n 1. Business Name 2. Name, address and telephone number of the tourist home owner/operator;, 3. ame, address and telephone number of the responsible arty 4. Tourist Home Affidavit N M" �ffi#jj a IMMMOM person or ejj�� 1 1112 111111151"1 TIM111,11 RIONRIpm operation of the tour Lst home- iL TTi11 be available to respond 24 hours i)er dav, 7 days per week to anv issue that arises relating to the tourist horng; iii, Mav be the property owner. The designation of a Responsible Party does not relieve the propertv owner of the responsibilitv of comolvinci with all state and local reg.�j� (3) A tourist home shall provide off-street parkinci in accordance with the Darkincl. requirements established in Section 64 however, such parkinci shall be in conformance with the setbacks and impervious surface area standards in Table 5- 2 (4) Operation of a tourist home shall comp1v with all of the Citv's residential districts standards with respect to noise litt _,.ering and waste disposal regulations established in Chapters 101, 113 and 143 of the Code of Ordinances as well as local and state buildinq and fire safety (5) The tourist home shall be made available for inspection pursuant to Sections 553.80 and 633.206, F.S., within fortv-eiqht (48) hours of a written reggg# t�he Citv. Needed corrections and time frame for comiDletion of such corrections to remedv anv failed insr)ections shall be established bv the Citv Buildina Official when thev relate to buildinci safetv or bv the Citv Fire Marshal when thev relate to fire �ia't. (6) The Development Services Director shall have the authoritv and resl)onsibilitv to SOMM -5- 41 ITEM NUMBER IV. A. NEW BUSINESS (PUBLIC HEARING) "I - O •. _< vor Rusty Johnson t1obert Fran.1c TO: 11�� t 'I fIcr da STAFF REPORT MENKIINOW-4 11r1imrssron rs tarry Brinson Sr., District 1.. Rosemary Wilsen, Di.stric°t, ? Richard Firstner, District 3 George Oliver 111, District 4 Planning & Zoning Commission (Local Planning Agency) Anoch P. Whitfield, Zoning Manager SUBJECT: 902 Hire Circle — Country Comfort Care Assisted Living Facility (ALF)/Minor Community Residential Home Variance Request Project # VR-22-02 Commission District # 2 — Rosemary Wilsen ISSUE: Should the Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), recommend approval of a variance to Section 5-15B(2) of the Land Development Code, which requires compliance with Section 419.001(2), Florida Statutes, and which particularly prohibits the location of a minor community residential home within 1000 feet radius of another existing minor community residential home, in order to allow a minor community residential home to be located within 550 feet of another minor community residential home? STAFF ANALYSIS: The subject property is located at 902 Hire Circle and is zoned PUD-LD, known as the Ocoee Commons PUD. The applicant/property owner, Amanda Arjune, purchased the subject property on March 22, 2022, with the intent of operating a minor community residential home. Section 2- 4(79), LDC, defines a minor community residential home as a dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services, which provides a living environment for fewer than seven (7) unrelated residents who operate as the functional equivalent of a family. Section 5-15.B, LDC, requires that "prior to the issuance of a certificate of occupancy, the operator of a minor community residential home or the owner of the property shall provide the Building and Zoning Director with a statement certifying that the use is in compliance with the restrictions set out in Section 419.001(2), Florida Statutes, and in particular with the prohibition on the location of such a use within 1000 feet of an existing minor community residential home". Pursuant to Section 419.001(2), Florida Statutes (attached), distance is measured by the radius of 1,000 feet from the proposed subject property. The applicant applied for an Assisted Living Facility (ALF) Reservation on March 17, 2022, and was issued a denial of the Reservation on March 29, 2022, due to incompliance with the minimum distance separation requirements of the Code. The ALF Reservation denial letter is attached to this staff report. To summarize, The subject property is located within 550 feet of another minor community residential home which is located at 863 Kuenz Place and which is under the same ownership as the applicant/property owner. P&Z 8 eetlrar Date: May 10, 2022 ru je L 902 Hire circle ... Country Comfort Care Assisted �...iving FaciNty (ALF)/Minor pan uraruraoty Resi e"RtW Home ..m Variance Request F'roje t currataer; R22m02 Following the receipt of the denial letter, the applicant has submitted a request for a variance to Section 5-15.B, LDC, which prohibits the location of a minor community residential home from being within 1,000 feet of another minor community residential home, in order to open a second minor community residential home within the 550 feet of her existing community residential home. According to Article IV, Section 4-9A, approval of a variance requires that the applicant 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; and (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. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. Applicant Response: The applicant's response narrative is attached to this staff report. To summarize, the applicant states that she currently owns and operates Country Comfort Care II, Inc., located at 863 Kuenz Place and that that location does well and needs to expand. Instead of expanding the residential structure at 863 Kuenz Place, the applicant is seeking to operate a second facility within 550 feet radius of the existing facility in order to accommodate more seniors and their families. The applicant states that in accordance with Statutes, this property is within 1,000 feet radius of its sister company and would not be saturating the area. She further states that by granting this variance, it would not alter any regulations to land or structures and will only improve the community and City of Ocoee. Staff Analysis: Staff does not concur with the applicant's justification narrative. Instead, staff finds that there are no special conditions or circumstances existing which are peculiar to the land and structures of the subject property and that the literal interpretation of the provisions of these regulations would not deprive the applicant of rights commonly enjoyed by other properties within similar conditions. Furthermore, staff finds that the circumstances of this variance do result from the actions of the applicant and that by granting this variance, the City would be conferring to this applicant special privileges that is denied by these regulations to other lands and structures. Staff further finds that the granting of this variance would be in violation of Section 419.001(2), Florida Statutes, which requires that a community residential home that serves six (6) or fewer residents are not to be located within a radius of 1,000 feet of another existing community residential home that serves six (6) or fewer residents. P&Z Meetlrar Date: May 10, 2022 ru je L 902 Hire Circle ... Country Comfort Care Assisted �...iving FaciNty (ALF)/Minor pan uraruraoty Resi entW Home ..m Variance Request F'roje t currataer; R-22-02 STAFF RECOMMENDATION: Based on the findings stated above and the requirements of Article IV, Section 4-9A and Article V, Section 5-15B, LDC, staff finds that the variance is not needed or justified, and staff does not support the variance request as proposed. Staff recommends that the Planning and Zoning Commission recommend denial of the variance to Section 5-15B(2) of the Land Development Code, which requires compliance with Section 419.001(2), Florida Statutes, and which particularly prohibits the location of a minor community residential home within 1000 feet radius of another existing minor community residential home, in order to allow a minor community residential home to be located within 550 feet of another minor community residential home. Attachments: Location Map Aerial Map Zoning Map Florida Statutes on Site Selection of Community Residential Homes (Section 419.001, FS) Applicant's Response Narrative ALF Reservation Denial Letter 902 Hire Cir Variance Location Map T E e va t e t r is n I --------------------- O S dalia S e i tre t a L s 0 902 Hire Cir Variance Surrounding Zoning Map >(� Development Services Department 0 112.5 225 450 Feet Created: month year aSubject Property Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) RN Mobile Home Subdivision (RT-1) ® Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) /// Unclassified 5/6/22, 9:29 AM Statutes & Constitution :View Statutes : Online Sunshine The 2021 Florida Statutes Select Year: 2021 v Go Title XXX Chapter 419 View Entire Chapter SOCIAL WELFARE COMMUNITY RESIDENTIAL HOMES 419.001 Site selection of community residential homes.— (1) For the purposes of this section, the term: (a) "Community residential home" means a dwelling unit licensed to serve residents who are clients of the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families or licensed by the Agency for Health Care Administration which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. (b) "Licensing entity" or "licensing entities" means the Department of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice, the Department of Children and Families, or the Agency for Health Care Administration, all of which are authorized to license a community residential home to serve residents. (c) "Local government" means a county as set forth in chapter 7 or a municipality incorporated under the provisions of chapter 165. (d) "Planned residential community" means a local government -approved, planned unit development that is under unified control, is planned and developed as a whole, has a minimum gross lot area of 8 acres, and has amenities that are designed to serve residents with a developmental disability as defined in s. 393.063 but that shalt also provide housing options for other individuals. The community shall provide choices with regard to housing arrangements, support providers, and activities. The residents' freedom of movement within and outside the community may not be restricted. For the purposes of this paragraph, local government approval must be based on criteria that include, but are not limited to, compliance with appropriate land use, zoning, and building codes. A planned residential community may contain two or more community residential homes that are contiguous to one another. A planned residential community may not be located within a 10-mile radius of any other planned residential community. (e) "Resident" means any of the following: a frail elder as defined in s. 429.65; a person who has a disability as defined in s. 760.22(3)(a); a person who has a developmental disability as defined in s. 393.063; a nondangerous person who has a mental illness as defined in s. 394.455: or a child who is found to be dependent as defined in s. 39.01 or s. 984.03, or a child in need of services as defined in s. 984.03 or s. 985.03. (f) "Sponsoring agency" means an agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or operate a community residential home. (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes are not located within a radius of 1,000 feet of another existing such home with six or fewer residents or within a radius of 1,200 feet of another existing community residential home. Such homes with six or fewer residents are not required to comply with the notification provisions of this section; provided that, before licensure, the sponsoring agency provides the local government with the most recently published data compiled from the 516/22, 9:29 AM Statutes & Constitution :View Statutes: Online Sunshine program, as required by subsection 1 license issued without compliance with the provisions of this section shall be considered null and void, and continued operation of the home may be enjoined. (8) A dwelling unit housing a community residential home established pursuant to this section shalt be subject to the same local laws and ordinances appLicable to other noncommercial, '• family units in the area in Copyright (D 1995-2022 The Florida Legistature - R[jMNKj1A1gM2rft - Contact Us IN 111111111 111''' i Country comfort care, Inc. 15340 Mallory Lane Clermont, Florida 34715 g� Ph: 407 --- 469 - 2151 Fax: 407,- 614 --- 8054 COulltryComfortCa-re,(Ot,,yahoo-com a ALF, CountryCornfortC re corn 04/04/2022 Ifi e - R 902 re Cir. Ocoec, Fl, 34761 f. g p To Whom It May Concen jt I currently own and operate Country Comfort Care 11, Inc, located at 863 Kuenz Pl. Ocoee, FL 76 1. ,in operatin g residential assisted living facility we are il constantly oa wai ing list dir e 34As to the families in need or small residential communities. and needs to expand in order to accommodate mo e se ior This location does extreniely well and their families. However, that would mean altering the structure of this home in order to do so, einthat this facility is in a residential community we would choose not to alter the existing Bg property Af 00? I -lire Cir. Ocoee. FL. 34761 was - di - stance enough to comply with the Florida Statues. Upon working wan tne city 01 McOM zoning department we were told that this property is within the 1,000 feet radius. This purchase was made to help the community with providing more residential senior care for seniors that aren't financially equipped to stay in large resort like settings, Also, it helps the state of Florida by not having to place these, seniors in nursing homes, which saves the state thousands every nionth versus residential assisted living. in accordance to the 1,'Iorida statues, this property is within 1,000 feet radius of its sister company Country Comfort Care 11, Inc. We would not be saturating the area, however we will be providing more housing for seniors looking for this type of care. Unfortunatelydue to COVID and niany other factors, many of these residential assisted living , I n facilities have closed. Making it difficult for seniors to find housing and families strugg i g to find solutions. st I I Country Comfort Care has helped so many seniors stay in a safe, clean, and secure environment throughout Orange and Lake County. Fortunately, Country Comfort Care has made a name for itself in the City of Ocoee and many are patiently waiting for more communities like ours. By not allowing Country Comfort Care to open would be a great disappointment, Knowing a few feet is causing seniors in need not to be able to have a secure and affordable home to live in. By granting this variance it would not alter any regulations to land or structures., It will only improve the community and the City of Ocoee, "I'liere will be no negative effects to the -nmunity or subdivision; merely a positive addition to the City of Ocoee and its residents. R oi 111 c I I would like to take this opportunity to thank you in anticipation for the approval of the zoning variance, Thank, you. is Amanda Arjune RN, BSN Administrator Country Comfort Care Assisted Living Facility ti ik sS its Commissioners Larry Brinson, Sr., District I Rosema Wils n Dis: [EC0J*1=MEQ March 29, 2022 Country Comfort Care, Inc. c/o Amanda Argue 902 Hire Circle Ocoee, FL 3476,1 Phone: 347-613-325 I E-mail: countrycomforteare awyahoo.corn Re: Group Homes/Assisted Living Facilities Zoning Reservation Request 902 Hire Circle I Parcel I.D. # 20-22-28-6148-00-6�,O Dear Ms. Attune; The subject property, located at 902 Hire Circle, is zoned PUD-LD (Planned Unit Development — Low Density). This letter serves as confirmation that, while a group home/assisted living facility (Community Residential Home serving less than six (6) residents) would be a permitted use in that PUD-LD zoning district, there is an existing such Community Residential Home located within a 1,000-foot radius of this property, and therefore, the property located at 902 Hire Circle cannot be used for the proposed Community Residential Horne. Please note that, per Section 419,001(2), Florida Statutes, distance is measure by the radius of 1,000 feet from the proposed subject property. There is a Country Comfort Care Community Residential Home, serving less than six (6) residents, within 1,000 feet of this property location (map provided). Please If you have any additional questions or concerns contact me via e-mail at awhitfieldr(�ocoee.org or directly Lzz� at 40 7-5 54-7079. Attachment cc: File "# I 7mrWIF �91 phone: (407) 905-3100 - fax: (407) 905-3167 - www.ocoee.org m Co Al E CD 4 1 l Lil l/ 1 ® i ELLANEOUS A -MIN ID The following information is respectfully submitted to the Honorable Mayor and City Commission in order to provide general information about public and private development in the City of Ocoee. Please feel free to contact City Planner Rumer at ext. 1018 for additional information or questions. District 1- Larry Brinson, Sr, Project Name & Status General Location Project Description COMMERCE 429 FKA BELTWAY 429 FKA PROGRESS COMMERCE PARK 1290 Ocoee Apopka Road Large Scale Final Site Plan for up to 480,500 , 2md review comments Parcel # 07-22-28-0000-026 SF of Light IndustrialMarehouse uses sent on May 10, 2022 24.95 acres located within six (6) buildings. Pine St Parcel # 07-22-28-0000-00-096 13.01 acres Commission District 1— Larry Brinson, Sr. • DRC Meeting: June 21, 2021 COMMERCE 429 FKA • Planningl & Zoning BELTWAY 429 FKA PROGRESS Meeting: Jules Annexation, Large Scale Comprehensive 2021 COMMERCE PARK Plan Amendment from Low -Density 0 City Commission 1290 Ocoee Apopka Road Residential to Light Industrial; Joint Planning meeting 1st reading: Parcel # 07-22-28-0000-026 Area Text Amendment, Rezoning to PUD, October 19, 2021 24.95 acres Large Scale Preliminary Site Plan for up to 0 City Commission Pine St 480,500 SF of Light IndustrialMarehouse meeting 2"d reading: Parcel # 07-22-28-0000-00-096 uses located within six (6) buildings. December 7 2021 13.01 acres 0 APPROVED at the Commission District 1— Larry Brinson, Sr. December 7, 2021, City Commission meeting GREENS AT FOREST LAKE PHASE 1 & 2 2291 West Road Large Scale Parcel # 05-22-28-0000-00-017 Preliminary/Final Subdivision Plan is Under Construction 14.10 acres proposing a 198-unit two-story Townhome West Road with a max living area of 1,500 SF Parcel # 05-22-28-0000-00-043 14.97 acres Commission District 1— Larry Brinson, Sr. 1 1 P • DRC Meeting: December 1, 2020 • Planning & Zoning Meeting: December GUERRERO PROPERTY 8, 2020 1411 N. Lakewood Ave. Annexation & Rezoning from "Orange "City • City Commission meeting 11st reading: Parcel # 08-22-28-5956-12-120 County" Single Family Dwelling (R-2) to January 18, 2022 0.17acres of Ocoee" Single Family Dwelling (R-1) City Commission Commission District 1— Larry Brinson, Sr meeting 2nd reading: February 1, 2022 • APPROVED at the February 1, 2022, City Commission Meeting INNOVATION MONTESSORI SCHOOL PHASE 3 Final Large -Scale Site Plan for Innovation City Commission 1610 N Lakewood Ave. Montessori from a Pre-K through 8th grade, meeting (Consent Parcel # 07-22-28-0000-00-054 with a student capacity of 800 students to a Pre-K through High School with a school Item): TBD 20.16 acres capacity of 1088 students. Under 2nd Review Commission District 1— Larry Brinson, Sr. *NEW PROJECT MIXED -USE @ FULLERS • Under 1$t Review CROSS RD & OCOEE APOPKA Large ScalePreliminary Site Plan for mixed- + Planning & Zoning RD use consisting of Apartments and Meeting: TBD Fullers Cross Road Commercial • City Commission Parcel # 06-22-28-0000-00-056 17.96acres Meeting: TBD Commission District 1- Larry Brinson, Sr. OCOEE VILLAGE CENTER ALLURE Large Scale Preliminary/Final Subdivision Clarcona Ocoee Road Plan for 320 Unit Apartments, four (4) — 101,000 SF, four-story Residential Buildings Under Construction Parcel # 05-22-28-0000-00-040 and one (1) — 10,000 SF, single -story 15.63 acres Pool/Clubhouse Commission District 1— Larry Brinson, Sr. OCOEE VILLAGE CENTER SOUTHEAST COMMERCIAL 10711 NLakewood Ave Preliminary/Final Subdivision Plan for a 4,650 SF Gas Station/Convenience Store, a Parcel # 05-22-28-0000-00-004 14,000 SF Retail/Restaurant Building, and a Under Construction 4.7acres 4000 SF Quick Service Restaurant Commission District 1— Larry Brinson, Sr. OCOEE VILLAGE CENTER TOWNHOMES 10711 NLakewood Ave Large Scale Preliminary/Final Subdivision Under Construction Parcel # 05-22-28-0000-00-004 Plan for 232 — 2 story Townhome units 34.48 acres Commission District 1— Larry Brinson, Sr. OCOEE VILLAGE CENTER . 2nd review comments TOWNHOMES sent on March 24, 10711 N Lakewood Ave Plat for 232 — 2 story Townhome units 2022 Parcel # 05-22-28-0000-00-004 0 Awaiting resubmittal 34.48 acres of 3rd review Commission District 1— Larry Brinson, Sr. • APPROVED for STARBUCKS construction on March 2443 Ocoee Apopka Road Small Scale Site Plan for a 2,500 SF 8, 2022 Parcel # 06-22-28-2856-03-000 Starbucks Building 0 Pre -Construction Commission District 1- Larry Brinson, Sr. meeting held on April 19, 2022 606 SOUTH BLUFORD AVE. WAREHOUSE AND OFFICE 606 South Bluford Ave.'` Small Scale Site Plan, 10,000 SF Building Under Construction Parcel # 17-22-28-6144-04-401 1.1 acres Commission District 2 - RosemaryWilsen CITY CENTER WEST ORANGE, PARCEL 1, PHASE IV, LOT 4A 2nd Review Comments sent on 251 Main Street Small Scale Site Plan, two-story 20,000 SF June 18th, 2019: Awaiting Parcel # 20-22-28-0000-00-015 office/retail building resubmittal for 3rd Review 11.92 acres Commission District 2 - Rosemary Wilsen DARREN CENTER 0 4th Review comments 9961 W Colonial Drive Small Scale Site Plan sent on 03/09/2022 Parcel # 21-22-28-0000-00-012 18,302 SF Medical & Professional . Pending resubmittal 7.06 acres Office for 5t" review Commission District 2 - Rosemary Wilsen GOTHA CLINIC FKA WEST ORANGE MEDICAL CENTER Non -Substantial Amendment to the West 3442 Old Winter Garden Road Orange Medical Center PUD to develop one APPROVED at the Parcel # 29-22-28-0000-00-028 single -story 11,000 SF building, from the March 1, 2022, City 3462 Old Winter Garden Road planned two single -story buildings, and one Commission Meeting Parcel # 29-22-28-0000-00-036 two-story building, totaling 14,646 SF 1.21 acres Commission District 2 - Rosemary Wilsen :I1_1:41W_1zId1]4zIII f_1I 1100 Blackwood Avenue Small Scale Site Plan for a 5,984 SF Dental Parcel # 20-22-28-0742-02-000 Office Building Under 2nd Review 1.96 acres Commission District 2 - Rosemary Wilsen 3 1 Pao INNOVATION MONTESSORI 1475 E. Silver Star Road Special Exception to approve C-2 zoned APPROVED at the Parcel # 16-22-28-4763-00-020 land for a High School use April 5, 2022, City 4.32 acres Commission meeting Commission District 2 — Rosemary Wilsen *NEW PROJECT Under Review OCOEE COMMONS PUD' • City Commission '1100 Blackwood Avenue Comprehensive Plan Amendment to the meeting: April 19 Parcel # 20-22-28-0742-02-000 PUD , 2022 (Consent 1.96 acres Agenda) Commission District 2 - Rosemary Wilsen O'REILLY'S OCOEE 1891 E. Silver Star Road Parcel # 16-2-28-8049-00-003 Small Scale Site Plan for a 7,453 SF Under 5t" Review O'Reillys Auto Parts store 5.06 acres Commission District 2 — Rosemary Wilsen O'REILLY'S OCOEE City Commission 1891 E. Silver Star Road Meeting (Consent Parcel # 16-2-28-8049-00-003 Plat item): TBD 5.06 acres Under 31 review Commission District 2 — Rosemary Wilsen *NEW PROJECT ' Annexation,; Small Scale Comprehensive SIRI OFFICE BUILDING Plan Amendment FROM "Orange County„ 3872 Old Winter Garden Road Low-DensityResidential to "City of Ocoee" • Under 1st Review Parcel # 28-22-28-0000-00-019 Professional Office and Services, and 1.25 acres Rezoning from "Orange County„ A-1 Commission District 2- Rosemary Wilsen (Agriculture) to City of Ocoee"PUD • Planning & Zoning Meeting: March 8, VAN WINKLE VARIANCE 2022 319 Hormigas Street Variance requesting to reduce the front yard City Commission Parcel # 20-22-28- 7250-0 1 -100 setback from 25 feet to 20 feet for a five foot Meeting: April 5, 2022 0.61 acres addition to an existing single-family home Van Winkle Variance Commission District 2 — Rosemary Wilsen APPROVED at the 04/05/2022 City Commission meetin VMG OFFICE BUILDING FKA 4 LOCOS TACO REVISIONS 101 W. Silver Star Road Small Scale Site Plan, two-story 6,300 SF Under Construction Parcel # 18-22-28-4100-00-171 Office Building 0.61 acres Commission District 2 — Rosemary Wilsen WENDYLYN'S BEAUTY SALON, FKA 54 REWIS STREET Small Scale Site Plan for a 1275 SF • Approved for 54 Rewis Street Building, Mixed use of Beauty Salon and construction Parcel # 18-22-28-7900-05-051 Residence Pending Pre- 0.25 acres Construction Meeting Commission District 2 — Rosemary Wilsen WEST OAKS SELF STORAGE AND OFFICE 1 SHOPPES AT WEST OAKS PD Rezoning from Community Commercial to 9000 W. Colonial Drive Planned Development Under Construction Parcel # 27-22-28-8005-00-040 4.1 acres Commission District 2 — Rosemary Wilsen 4 1 P a g 409 OCOEE APOPKA ROAD PUD 409 Ocoee Apopka Road Parcel # 18-22-28-0000-00-056 4.76 acres Commission District 3 - Richard Firstner Large Scale Preliminary/ Final Site Plan for two Industrial Warehouse Buildings totaling 61,797 SF • DRC Meeting: September 28, 2021 • Planning & Zoning Meeting: October 12, 2021 • City Commission meeting: November 16, 2021 • City Commission approval on November 16, 2021 • 3rd Review Comments submitted to applicant on 02/02/2022 • Pending Resubmittal for 4t" review ARYA Small Scale Comprehensive Plan Future 868 Roberson Road Land Use Map Amendment from Low Ordinance ADOPTED at the Parcel # 31-22-28-0000-00-005 Density Residential to Professional Offices November 2, 2021, City 10.29 acres and Services land use designation Commission meeting Commission District 3 - Richard Firstner • DRC Meeting: March 1, 2022 BLUFORD AVENUE DAYCARE • Planning & Zoning Meeting: March 8, 880 Bluford Avenue 2022 Parcel # 20-22-28-0000-00-055 Special Exception to use land zoned C-2 for City Commission and # 20-22-28-0000-00-059 Child Care use meeting: April 5, 2.45 acres 2022 Commission District 3 - Richard Firstner • APPROVED at the April 5, 2022, City Commission Meeting 5 1 Pa g e CHRISTIAN BROTHERS AUTOMOTIVE Plan APPROVED for West Colonial Dr. Small Scale Site Plan for a 5000 SF construction Parcel # 20-22-28-9138-03-000 Automotive Service Building November 24, 2021 .62 acres Commission District 3 — Richard Firstner DANIEL/RAY COMMERCIAL DEVELOPMENT DANIELS VETERINARY Preliminary/Final Site Plan SERVICES • 10,806 SF Veterinary Clinic on lot 1 to Under 5 Review 11700 W Colonial Drive Commercial Development on lots 2 Parcel# 30-22-28-0000-00-074 & 3 Parcel # 30-22-28-0000-00-002 Parcel # 30-22-28-0000-00-035 6.95 acres combined Commission District 3 — Richard Firstner EXPRESS SIGNS BUILDING ADDITION Site Plan APPROVED 637 Palm Drive Small Scale Plan for a 22,042 S.F., one Pending Pre - Parcel# 13-22-27-6649-02-000 story warehouse building Construction Meeting 4.23 acres Commission District 3 — Richard Firstner FIRST CHOICE DOOR AND MILLWORK Small Scale Site Plan for a 4,000 SF 393 Enterprise Street detached storage building and associated Under Construction Parcel# 19-22-28-9153-02-601 parking and utility improvements 1.26 acres Commission District 3 — Richard Firstner HAMPTON INN BY HILTON AKA COMFORT INN - MAINSTAY • Approved for SUITES Construction on April W. Colonial Dr. Preliminary/Final Large -Scale Site Plan for a 4, 2022 Paarcel # 19-22-28-0000-00-007 rse six -story 74,657 SF hotel with 120 rooms • Pre -Construction 945 Marshall farms Rd. meeting: April 4, Parcel# 19-22-28-0000-00-008 2022 Commission District 3 — Richard Firstner INLAND GROUP OFFICE East Crown Point Road Parcel # 13-22-27-0004-01-002 Small Scale Site Plan for a 14,710 SF, two- Under Construction story, Office Building 1.46 acres Commission District 3 — Richard Firstner INSPIRATION TOWN CENTER Large Scale Preliminary/Final Site plan, 90 AND LUXURY HOMES luxury townhouses, with four commercial 820 Tomyn Blvd buildings consisting of a preschool, with Parcel # 30-22-28-0000-00-017 Maguire Road office and retail space Building 1 (one-story pre-school) = 13,681 SF Under Construction Parcel # 30-22-28-0000-00-004 Building 2 (one-story office/retail = 12,600 SF 16.87 acres Building 3 (two-story office/retail = 42,350 SF Commission District 3— Richard Firstner Building 4 (one-story retail) = 3,591 SF LAKE LILLY APPROVED for Construction on 2802 Old Winter Garden Road Large Scale Final Site Plan for 410 Luxury January 6, 2022 Parcel # 29-22-28-0000-00-007 Multifamily Rental Units 0 Pre -Construction 16.61 acres meeting held on Commission District 3 — Richard Firstner December 1, 2021 LEGACY LIFESTYLES SENIOR HOUSING OF OCOEE . APPROVED for 934 Roberson Road 3-story 112,259 square foot Assisted Living construction Parcel # 31-22-28-0000-00-051 Facility on 6.77-acre Parcel 1 February 10th, 2018 17.05 acres Commission District 3 — Richard Firstner LOVE MOTORSPORTS • APPROVED for 11953 W. Colonial Drive Small Scale Site Plan for building Construction on November 24, 2021 Parcel # 19-22-28-0000-00-073 renovations and addition of 5,338 SF for a Pre -Construction 2.54 acres showroom of new vehicles and sales meeting scheduled for Commission District 3 — Richard Firstner January 11,2021 OCOEE CORNERS COMMERCIAL DEVELOPMENT PHASE 2 AND SONNY'S BBQ AKA MAGUIRE AND HWY 50 RETAIL Small Scale Site Plan creating four lots, Lot 11030 w Colonial Dr one (1) to include a proposed 4,994 SF Parcel# 30-22-28-0000-00-020 Sonny's BBQ standalone restaurant and Under Construction'""' 7.33 acres future building, Lot 2 has two (2) existing 1535 Maguire Rd buildings that were constructed under the Parcel# 30-22-28-0000-00-030 Maguire and HWY 50 Retail Site plan; Lot 3 4.50 acres & 4 will create open lots. W Colonial Dr Parcel# 30-22-28-0000-00-061 .01 acres Commission District 3 — Richard Firstner OCOEE MEDICAL OFFICE - ADVENT HEALTH 11001 West Colonial Dr. Small Scale Site Plan for a single story, Under Construction Parcel # 19-22-28-0000-00-024 7,232 SF Medical Office Building .61 acres Commission District 3 — Richard Firstner OCOEE-TOMYN SELF STORAGE FACILITY AKA BARKERITAVILLE PUD AKA Site Plan PET PARADISE Preliminary/Final Large -Scale Site Plan APPROVED on Parcel # 31-22-28-0000-00-050 March 25, 2022 8.13 acres Commission District 3 — Richard Firstner • DRC Meeting: August 31, 2021 • Planning & Zoning Meeting: September OCOEE VILLAGE 14, 2021 Franklin Street Large Scale Preliminary Site Plan, for two 0 City Commission Parcel # 18-22-28-0000-00-025 (2) two-story buildings with 72,712 sf for meeting: October 5, 5.77 acres office/retail. 2021 Commission District 3 — Richard Firstner • 1 It Review DRC comments sent on August 31, 2021 • awaiting resubmittal for 2nd review PRUITT HEALTH 870 Tomyn Blvd Substantial Amendment to the PUD for a Parcel# 30-22-28-2861-01-0000 Nursing Facility Under Construction 10.73 acres Commission District 3 — Richard Firstner 7 1 P a g e • 2nd Review comments sent on March 28, THE REGENCY 2022 Large Scale Preliminary Site Plan for a DRC Meeting: April 5, 1601 Maguire Road mixed use development with approximately 2022 Parcel# 30-22-28-2861-01-0000 250-300 residential multi -family units with • Planning & Zoning 10,73 acres associated neighborhood retail uses meeting April 12, Commission District 3 — Richard Firstner 2022 • City Commission Meeting: May 3, 2022 WAYNE AUTOMATIC FIRE SPRINKLER 222 Capitol Court Expansion of existing Office Building and Parcel# 19-22-28-9153-01-800 associated parking lot Under Construction 3.389 acres Commission District 3 — Richard Firstner • DRC Meeting: March 1, 2022 A DIOS SEA LA GLORIA Special Exception to use land zoned C-2 for • Planning & Zoning MINISTRY a church use. The proposed church seeks to Meeting: March 8, 1700E. Silver Star Road occupy Suite A101, containing 1,440 S.F. 2022 Parcel # 16-22-28-8042-00-010 within the existing 59,810 S.F. shopping City Commission 7.14 acres plaza. meeting:Aril 5, 2022 p Commission District 4 — George Oliver, 111 DENIED at the April 5, 2022, City Commission meeting ARDEN PARK NORTH PHASE 6 City Commission 9723 Clarcona Ocoee Road Plat for the Arden Park North Phase 6 Meeting: December Parcel # 33-21-28-0010-06-041 Subdivision for 67 lots 7, 2021 15.23 acres • Plat RECORDED on Commission District 4 — George Oliver, 111 December 10, 2021 EVEREST REHABILITATION HOSPITAL AKA OCOEE APPROVED for LANDINGS COMMERCIAL Large Scale Site Plan fora 39,817 SF, Construction 1842E. Silver Star Road single -story, Rehabilitation Hospital . Pre -Construction Parcel # 16-22-28-4532-00-040 meeting scheduled for 5.12 acres May 17, 2022 Commission District 4 — George Oliver, 111 LAKE MEADOW LANDING (F.K.A ARDEN LANDING; CIARA PLACE / F.K.A. VILLA ROMA) Large Scale Preliminary/Final Subdivision Under Construction 2121 North Clarke Road Plan, 88-unit 1,391 SF (per unit) residential Parcel # 04-22-28-0000-00-048 townhomes with a 2,400-SF clubhouse 21.05 acres Commission District 4 — George Oliver,111 MEMORY CARE COTTAGES OF OCOEE Large Scale Preliminary/Final Site Plan for a Memory / Health Care Facility; proposed site Plan Approved 1900E. Silver Star Rd. plan will construct four (4) One -Story Awaiting Pre - Parcel # 15-22-28-4716-00-130 buildings, each building to be around 14,743 Construction Meeting 6.92 acres SF Commission District 4 — George Oliver, Ill 81Fo PRAIRIE LAKE SUBDIVISION Ocoee Vista Parkway/AD Mims Road Parcel # 09-22-28-0000-00-056 Preliminary Final Subdivision Plan to<i;°N. construct 78 lots, each containing a two- Under Construction 11.99 acres story townhome Commission District 4 — George Oliver, 111 • City Commission meeting (Consent RESERVE AT LAKE MEADOWS Item): November 16, 2149 Lauren Beth Avenue A Large -Scale Final Subdivision plan for 210 2021 Parcel # 04-22-28-0000-00-024 single family homes • 4tn Review comments 18.58 acres sent on March 16, Commission District 4 — George Oliver, 111 2022 • Awaiting resubmittal for 4t' review WYNWOOD PHASE 1 & 2 FKA CLRM 44 W. McCormick Road Large Scale Preliminary/Final Subdivision to Parcel # 33-21-28-0000-00-007 construct 190 single-family residential lots in 100 E McCormick Road Phase 1 & 2 with stormwater ponds, open Under Construction Parcel # 34-21-28-0000-00-022 space, and park/recreation area and 187 lots 3201 Trout Lake Road for Mass Grading in Phase 3 & 4 Parcel # 33-21-28-0000-00-020 212.30 acres Commission District 4 — George Oliver, 111 WYNWOOD PHASE 1 & 2 FKA CLRM 44 W. McCormick Road • 1 st Review comments Parcel # 33-21-28-0000-00-007 sent on March 24, 100 E McCormick Road Plat for Wynwood Phase 1 & 2 for 190 lots 2022 Parcel # 34-21-28-0000-00-022 • Awaiting resubmittal 3201 Trout Lake Road for 2"d review Parcel # 33-21-28-0000-00-020 212.30 acres Commission District 4 — George Oliver, 111 e5andau Alondau 7-u'asdau Wodnosdau 7-hursdau Fridau �5aturdau 1 2 3 4 5 G 7 City Commission General Emp. Human Relations 6:15 pm City Hall Pension Board Diversity Board Ocoee TV Live 10 am City Hall 6:15 pm City Hall Pohce/Nrre Pension 1 pm City Hall ia 8 9 Municipal67,ork Wank 10 11 12 13 14 . 4Y, ,, Planning & Zoning Citizen Advisory Council LAY Commission 6:30 pm to Fire Dept. 4i3 „ City Hall Ocoee TV Live 6:00 pm Fire Station 25 05/17 Agenda Items due to 05/17 Staff Reports due to ` City Clerk City Manager 05/17 Agenda Published 15 16 17 1s 19 20 21 (lrmfzd forelis Vag ParksRecreation City Commission Red Advisory Board 6:15 pm City Hall g OLight am Cityacing 6:00 pm City Hall Ocoee TV Live i„ 22 23 24 25 t` rang . (ountg 26 C'mployv-s-z bunch 27 28 Code Enforcement Board 7:00 pm City Hall Cµ}pl IS OUTI �t Ocoee TV Live s CACOPD 7:00 pm City Hall 29 30 Citg floll Glos�,d 31 1 Jun M morial flay 06/07 Agenda Items due to 06/07 Staff Reports due to City Clerk City Manager 06107 Agenda Published