05-10-2022 Minutes 410._//r
ocoee
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
Tuesday, May 10, 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, Alternate
Member Keller
Absent: Member Williams
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 April 12, 2022.
Motion for Approval of the Consent Agenda: Moved by Member Keller, Seconded by
Member Kennedy.
Member Forges inquired about the extension of Old Winter Garden Road that will connect with
State Road 50 and whether the developers of The Regency are funding the entire connection.
Development Services Director Rumer explained the developers of The Regency are funding the
section of Old Winter Garden Road which is proposed to be constructed through the northern
section of the parcel. However, they are not funding the portion outside of The Regency parcel
heading north and connecting to State Road 50.
After discussion, Motion carried unanimously with Member Williams absent.
(Next item heard out of agenda order.) (7:02 pm)
III. OLD BUSINESS
Planning&Zoning Commission
May 10,2022
A. 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 and continued from the April 12, 2022 Planning and Zoning Meeting)
Zoning Manager Whitfield stated this item has been continued from the prior Planning and Zoning
Commission meeting held in April. She provided a PowerPoint to explain Amendments to Article
II, Section 2-4, and Amendments to Article V, Section 5-15, creating a new Subsection 5-15(C).
She explained the proposed Amendments to Article II, Section 2-4,clarifying the existing definition
of a tourist home, and creating two (2) new definitions, "Transient guest" and"Vacation and short-
term rental". The Amendments to Article V, Section 5-15, entail the creation of new Subsection 5-
15(C)to establish standards and a process for tourist homes. She further stated 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. However, 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 five (5)
rooms, the City has the ability to update its Code in a manner that does not violate the preemption.
Zoning Manager Whitfield stated after researching questions from the last meeting, the city
attorney recommended not including provisions which limit the number of separate bookings due
to the possibility of a conflict with the statutory preemption. The Board also discussed differences
between a tourist home versus a Bed & Breakfast establishment. The city attorney's interpretation
of Section 509.242, FS, is that both short-term rentals and Bed & Breakfast Inns are considered
transient public lodging; however, the distinction is that the Bed & Breakfast Inn provides meal
service and is known as a Bed &Breakfast Inn throughout the community.
Chair Lomneck opened the public hearing.
Clay Singleton, 321 Beacon Pointe Drive, Ocoee, stated he is in favor of staff recommendations
and believes the current proposed version is pretty solid.He believes parking in the street is a current
problem in his neighborhood.
Chair Lomneck closed the public hearing.
Member Keller asked for a scrivener's error to be fixed in the ordinance. He further asked and
further discussion ensued about what type of"rooms" are being referred to in the Amendment to
Article V, Subsection 5-15(C)(3)(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."
Zoning Manager Whitfield stated she will amend 5-15(C)(3)(6) to state, "A floor plan of the
tourist home and the rooms that may be rented or offered for rent to transient guests for sleeping
accommodations. Maximum of four(4) rooms may be rented or offered for rent to transient guests
for habitable sleeping accommodations."
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Planning &Zoning Commission
May 10,2022
(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 a Land Development
Code(LDC)Amendment to Article II, Section 2-4, and Article V, Section 5-15 Relating
to Tourist Homes,with the Amendment as stated, subject to resolution of the remaining
staff comments before the City Commission meeting; Moved by Member Keller,
Seconded by Member Kennedy; motion carried unanimously with Member Williams
absent.
(Next item heard out of agenda order.) (6:32 pm)
IV. NEW BUSINESS—Public Hearing
A. Variance Request for Country Comfort Care at 902 Hire Circle; Project No: VR-22-02.
(Advertised in the West Orange Times on Thursday, April 28, 2022)
Zoning Manager Whitfield presented a brief overview of this request,which is located at 902 Hire
Circle and owned by Country Comfort Care Assisted Living Facility(ALF). Country Comfort Care
bought this home on March 22, 2022, with the intent of operating a minor community residential
home; however, they also operate another ALF home within the same neighborhood to the west,
which is within 1,000 feet of this variance request. Section 419.001(2),Florida Statutes,particularly
prohibits the location of a minor community residential home within a 1,000 feet radius of another
existing minor community residential home. 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 noncompliance with the minimum distance separation requirements.The applicant has
since submitted a variance request in order to utilize the 902 Hire Circle property as a minor
community residential home, which is approximately 550 feet of the existing ALF located at 863
Kuenz Place.
The Board had no questions.
Discussion:
The applicant is present.
Chair Lomneck opened the public hearing.
Jairam Udit, 936 Hire Circle, Ocoee, stated he and his neighbors are very concerned about
investors buying homes in their neighborhood and turning them into assisted living facilities, and
that he is happy that city staff recommends denial of this variance.
Joel Nieves, 842 Kazaros Circle, Ocoee, stated if this variance is granted; it will start a precedent
and more businesses like this may come.
Rubens Onofrio,900 Hire Circle, Ocoee, stated he believes it is inappropriate to have this business
in his neighborhood.
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Planning&Zoning Commission
May 10, 2022
Gail Woods, 942 Hire Circle, Ocoee, stated her family bought into the neighborhood because it
was single-family homes and the community was of smaller size. She said they wish to keep the
neighborhood single-family homes.
Audrey Ais, 908 Hire Circle, Ocoee, stated her family bought this house because it is in a quiet
neighborhood. She further said she is concerned about ambulances and visitors.
Lien Phan, 905 Hire Circle, Ocoee, stated this is a quiet subdivision; and further, allowing this
variance will be a violation and will change the community.
Raj Goberdhan, 834 Kazaros Circle, Ocoee, stated this ALF is a great idea, but not in this
community. He said this community is for residents only; and further, an ALF should be located in
a commercial type of facility. He asked the Board to deny this application.
Amanda Arjune,Applicant, Country Comfort Care, Ocoee, stated she believes not many people
know her business exists at 863 Kuenz Place. She indicated her facility assists by keeping loved
ones in a home-like setting; and further, the homes run by the State are not sufficient for humans to
be in. She stated if shutting down an ALF makes this community happy, then eventually seniors
will not have anywhere to go.
Member Kennedy asked for clarification on whether she is currently operating an ALF at
902 Hire Circle. Amanda Arjune said she is not.
Member Forges advised Ms. Arjune that her letter stated that the 902 Hire Circle property is in
accordance with Section 419.001(2), Florida Statutes, by being within a 1,000 feet radius of its
sister company, but it is not. He inquired if she looked at the statutes. Ms. Arjune explained she
and her realtor thought they were in compliance with the statute, but after the purchase found out
they were not.
Chair Lomneck closed the public hearing.
Vice-Chair Mellen asked how the ALF on 863 Kuenz Place was initially approved to be located
within this community. Zoning Manager Whitfield explained in Section 419, Florida Statutes,
community residential homes of six or fewer residents shall be deemed a single-family unit and
allowed in single-family or multifamily zoning; and further, when 863 Kuenz Place was applied
for, there were no other community residential homes within 1,000 feet. She further explained the
City's application process for a reservation of a residential ALF.
Chair Lomneck asked if the City has approved a variance request where two ALFs were within
the 1,000 foot radius. Zoning Manager Whitfield answered,to her knowledge, no.
(7:00 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Denial of the Variance Request for
Country Comfort Care at 902 Hire Circle; Project No: VR-22-02, based on factual
interpretation of the code requirements, as presented by staff, and public testimony
related: Moved by Member Kennedy, Seconded by Vice-Chair Mellen; motion carried
unanimously with Member Williams absent.
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Planning&Zoning Commission
May 10,2022
V. MISCELLANEOUS - (7:22 pm)
A. Project Status Report
Development Services Director Rumer updated the Board with the following:
• The volunteer appreciation dinner was a great event.
• The City had another downtown block party,which was very successful.
• He had a meeting with the next Orange County planner, who is currently a
consultant. He walked around downtown and was very complimentary.
B. May Calendar- No updates
VI. ADJOURNMENT - 7:22 pm
ATTEST: APPROVED:
thy H rd, Recording Clerk eck, Chair
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