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08-30-2022 Minutes .4r ocoee Florida MINUTES PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY Tuesday, August 30, 2022 I. CALL TO ORDER - 6:36 pm A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum Present: Chair Lomneck, Vice-Chair Kennedy, Member Forges, Member Mellen, 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 July 12, 2022. Motion for Approval of the Consent Agenda: Moved by Member Mellen, Seconded by Vice-Chair Kennedy, Motion carried unanimously. III. OLD BUSINESS -None IV. NEW BUSINESS—Public Hearings A. Variance Request for 1909 Leslie Ann Lane,VR-22-05. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this request, which is located at 1909 Leslie Ann Lane. The applicant had applied for a permit which was approved by the City to replace the concrete driveway with pavers and widen the driveway southward, to just outside of the easement and driveway setback. Subsequently, the permit failed inspection due to the driveway being constructed three (3) feet into the easement, which is incompliant with the permit, and with a drainage system under the pavers and a 15-inch tall by 12-inch wide masonry retaining wall that was constructed one (1) foot from the property line, which were not permitted with the City, and 1 Planning&Zoning Commission August 30,2022 included a drainage system discharging runoff onto the adjacent property to the rear (east), which was not permitted with the City and is prohibited per Section 6-4H(2). Zoning Manager Whitfield explained, per 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; & 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. Zoning Manager Whitfield further stated the applicant requested an easement vacation,which the City Commission approved on June 7, 2022, less the easternmost seven (7) feet, subject to a condition that the easement would be vacated if the variance to Section 6-4H(2) is also approved. Therefore, the applicant is seeking a variance to Section 6-4H(2), Article VI, in order to keep the widened driveway, drainage, and retaining wall at one (1) foot from the property line. Zoning Manager Whitfield explained staff findings and recommendations of denial. Zoning Manager Whitfield explained if the variance is recommended for denial by this board and denied by the City Commission, the applicant will need to remove the wall and move the pavers back to where the approved permit specified, and they can work with city staff on the drainage issues. If the variance is recommended for approval and approved by the City Commission, the applicant will need to permit the wall and drainage system in order to not discharge water offsite. Discussion: The applicant was present for questions. Brian Arthur, 1909 Leslie Ann Lane, Ocoee, explained the paver company told them they knew what they were doing and worked with the City often, and they trusted them to do the job right. Member Williams asked how they found the paver company and whether they checked their license. Mr.Arthur said he did a Google search for an Ocoee paver company,because they wanted to stay with a local company. Member Keller asked if the neighbors have any issues with the wall and drainage. Mr. Arthur stated the neighbor loves the wall. 2 Planning&Zoning Commission August 30,2022 Member Mellen asked staff, if this is approved, are the owners required to seek another permit with the city. Zoning Manager Whitfield answered in the affirmative, because the wall and drainage were never permitted with the City. The Public hearing was opened.As no speaker forms were received, the public hearing was closed Member Forges asked the applicant if he was aware when the permit was first denied by the City. Mr. Arthur stated the permit was never rejected. Zoning Manager Whitfield clarified when the permit was first submitted, it was rejected several times, and she had many conversations with the contractors explaining why the permit was being rejected, and they stated they would notify the property owner. The contractors eventually brought a survey forward that was approved by the City; however, the contractors did not follow the approved survey. Chair Lomneck inquired who notifies the owners of the property when a permit submittal is rejected. Zoning Manager Whitfield responded the burden is on the contractors to tell the owners of the property. (6:54 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 1909 Leslie Ann Lane, VR-22-05, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Vice-Chair Kennedy, Seconded by Member Williams; motion carried 3-2 with Member Forges and Member Mellen opposing. B. Variance Request for 606 Center Street,VR-22-06. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this request, which is located at 606 Center Street and is zoned R-1A(Single-Family Dwelling District).The subject property is a corner lot with roadway right-of-way frontage along the east side (Cardinal Street) and south side (Center Street). Based on the City's permitting system, the property was issued a building permit (2493- 2019) for a 20' x 40' carport (800 SF) in the northwest area of the property and a building permit (2235-2018) to add 1,610 SF of paver area (23 feet x 70 feet) along the north side of the property, which includes a second driveway off of Cardinal Street. Based on the aerials on the Orange County Property Appraiser (OCPA) website, it appears that in 2021 an additional roof was added to the 2019 carport, and in 2022 the yard area between the new carport roof and the 2018 pavers appears to have been covered with impervious material. No permits were found for these improvements within the City's archives. The survey submitted with this variance application is not dated and does not show these previous improvements.The applicant desires to install a pre-fabricated 24-feet wide and 20-feet deep carport. This places the proposed carport approximately six (6)feet from the south property line, resulting in a nineteen (19) foot (approximately 76%) encroachment into the minimum 25-foot setback. Therefore,the applicant is seeking a variance to reduce the front setback from 25 feet to 6 feet. Zoning Manager Whitfield explained, per Article IV, Section 4-9A, approval of a variance requires that the applicant demonstrate: 3 Planning&Zoning Commission August 30,2022 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. Zoning Manager Whitfield explained staff findings and recommendation of denial. Discussion: The Board had no comments or questions for staff Jose Romero,Applicant, 606 Center Street, Ocoee, explained why he would like to build a carport on this section of his property. Vice-Chair Kennedy asked how long he has lived there. Mr. Romero responded four years. Member Williams asked if he did any of the previous improvements to the property. Mr. Romero said some of the improvements were already there, but he did install the carport in the back and pavers. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. (7:02 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Aqency, recommend to the Ocoee City Commission Denial of the Variance Request for 606 Center Street, VR-22-06, based on factual interpretation of the code requirements, as presented by staff, and public testimony related; Moved by Member Williams, Seconded by Member Forges; motion carried unanimously. C. Variance Request for Family Dollar/Dollar Tree at 1531 East Silver Star Road, VR-22-07. (Advertised in the West Orange Times on Thursday, August 18, 2022) Chair Lomneck announced this item has been tabled; however,there is one resident present requesting to speak under the public hearing. Chair Lomneck opened the public hearing. 4 Planning&Zoning Commission August 30,2022 Lamar Powers, 1515 Acropolis Circle, Ocoee, stated allowing this business to have bigger signs than the other businesses within this vicinity is not fair and believes they will be unsightly and may obstruct views of drivers and cause accidents. Chair Lomneck closed the public hearing. (7:05 pm) Motion: Move to continue the Variance Request for Family Dollar/Dollar Tree at 1531 East Silver Star Road, VR-22-07, to the September 13, 2022, Planning and Zoning Commission Meeting; Moved by Member Williams, Seconded by Member Mellen; motion carried unanimously. D. Covington Oaks -Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling),Project No. RZ-22-07-39. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is approximately 9.94 acres, zoned Orange County A-1 (General Agriculture) and located on the north side of A.D. Mims Road, approximately 1,637.5 feet west of N. Apopka Vineland Road. The applicant proposes to develop a residential subdivision. The applicant is requesting to rezone to R-1A,which is the same zoning district as the neighborhoods to the west and east. The R-1A zoning district requires a minimum lot size of 8,000 SF. However, due to the lack of central sanitary sewer, the residential development will be on septic tanks, and the applicant has coordinated with the City to create larger quarter (1/4) acre lots with a total of 16 single-family residential lots and preserve approximately 3.68 acres of land for open space and the existing canopy. Discussion: The applicant was present for questions. Chair Lomneck asked if vehicle trips have already been accounted for. Zoning Manager Whitfield explained traffic concurrency has already been accounted for by way of the Future Land Use Map. Member Williams asked why this development will need to be on septic. Zoning Manager Whitfield said the sewer lines are too far away. The Public hearing was opened As no speaker forms were received, the public hearing was closed (7:11 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of Covington Oaks Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling), Project No. RZ-22-07-39, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Forges; motion carried unanimously. 5 Planning&Zoning Commission August 30,2022 E. Orchard Park Assisted Living Facility (ALF),2755 Grapevine Crest- Special Exception, Project No. 08-22-SE-030. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is located at 2755 Grapevine Crest, toward the east side of Grapevine Crest and approximately 660 feet south of Clarcona Ocoee Road. The subject site is approximately .21 acres and currently zoned R- IAA (Single Family Dwelling District). The property is currently developed with a single family residence, and the property owners/applicants are currently using it as a minor community residential home (CRH) serving five (5) residents. The owners/applicants applied with the State and have already received the licensing required to operate a facility that serves ten(10) residents, and are now applying for the special exception to change from a minor CRH to a major CRH in order to serve up to ten(10)residents. Zoning Manager Whitfield summarized staff s analysis with respect to Section 4-8B, which establishes the standards for review and approval of a Special Exception as well as Section 5-15B which establishes guidelines for approval of a major community residential home. She stated no additional structures or buildings and site improvements are being proposed; and further landscape buffers and open space is not required as the proposed use remains one (1) single family dwelling. She explained the proposed use will remain a single family dwelling with two (2) parking spaces per unit, which the property currently meets, because they require family members to visit by appointment only. The owners/applicants have met with City Fire and Building Departments to ensure the dwelling meets Building and Fire codes. She emphasized that there are no minor or major CRHs within 1,200 feet of this property; and further, staff recommends approval of the Special Exception application for a major community residential home. Discussion: Chair Lomneck asked for clarification on City's process, because they are already certified by the State for a 10-bed facility. Zoning Manager Whitfield explained the City's process for this Special Exception is to determine whether or not the increase in residents would create an impact to the surrounding community. Member Keller asked if any construction to the exterior of the home is planned and how many cars will be parking there on a daily basis. Zoning Manager Whitfield explained the plans show only internal renovations; and further, the home will have parking for visitors as visitors have to make appointments ahead of time. Reshma Singh, Owner/Applicant,explained they have owned and operated this home for up to five beds, and in June of this year they were granted a license by the State for a 10-bed facility. Member Keller asked if their HOA has approved the 10-bed facility. Ms. Singh stated the 5-bed home was previously approved by the HOA. She stated it was not a requirement to receive an approval for the 10-bed home; however, she advised an HOA member is present in support. 6 Planning&Zoning Commission August 30,2022 Mr. Mellen asked if a business drops the values of surrounding homes, would there be a legal recourse under the Harris Act.Assistant City Attorney Drage stated she does not want to comment on the Harris Act tonight,because she has not researched it;however,there are statutory provisions that do allow this type of business in residential areas. (7:26 pm) Chair Lomneck opened the public hearing. Kim Boudrie, 1120 Alberta Street, Longwood, stated they own a small company that assists ALFs in residential areas across the state. She explained the ways they assisted this ALF, such as how to get started, meeting the State's regulations, requesting a zoning letter, and filing permits and licensing with the Fire Marshall,and Health Department. She stated this ALF is home to all elderly clients with no traffic. She explained residential ALF homes have a very low impact to the comm' unity and,for the most part,the neighbors do not even know it is an ALF. She gave accolades to this ALF home in running a beautiful spacious home that is very well cared for inside and out. Jim Chelini, 2768 Grapevine Circle, Ocoee, stated he lives adjacent to the ALF and verified that this ALF has no parking issues or negative impacts to the neighborhood. He explained he spoke with neighboring residents who stated they had no issues with this home. Kathy Chelini,2768 Grapevine Circle, Ocoee, stated she does not see any impact on a daily basis in terms of traffic or noise. She explained she was a legal nurse consultant for ALFs, and she has seen and examined this home and found this home to be a stellar ALF compared to larger ALFs. Chair Lomneck said he has been told there is another ALF operating in that neighborhood. Zoning Manager Whitfield stated if there is one, the City is unaware of it. Bob Misko, 1120 Alberta, Longwood, stated he owns Environmental Services, Staffing and Solutions with Kim Boudrie, explained he wrote the Fire Plan, and there is an egress exit out of the back of the home. He stated he also wrote the Emergency Power Plan and they have the fuel for 96 hours if they lose power. He stated he also wrote the Emergency Management Plan which interacts with Orange County and has been approved. He further stated this ALF is one of the best, because the owners have put their hearts and souls in it. Jim Kass, 2717 Plumberry Avenue, Ocoee, stated he has an Airbnb next to his house, which has been a ten-year nightmare. He stated he is not a big fan of running a business out of a residential home. He further stated if this business is allowed, then the flood gates will open with businesses on every corner. Chair Lomneck closed the public hearing. Member Forges asked for clarification on whether there will be ten rooms or ten residents. Zoning Manager Whitfield stated ten residents. Member Forges asked if more than one resident is allowed in a room. Chair Lomneck opened the public hearing. Reshma Singh, Owner/Applicant, explained three rooms have a maximum of two residents per room and four rooms are private. Member Forges asked if the State's requirements go by the number of residents or rooms. Ms. Singh explained the number of residents. 7 Planning&Zoning Commission August 30,2022 Vice-Chair Kennedy asked if the member of the HOA is present to speak. Sohan Singh, 2046 Orchard Park Drive, Ocoee, stated he has been on the ARC board for more than five years, and they approved the five-bed ALF. He further stated as far as he knows, there is nothing in the covenants that restricts this type of business. Chair Lomneck closed the public hearing. (7:39 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of Orchard Park Assisted Living Facility (ALF) Special Exception for up to ten (10) residents, Project No. 08- 22-SE-030, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice-Chair Kennedy, Seconded by Member Williams; motion carried 4 to 1 with Member Mellen opposing. F. Ocoee Oaks Joint Venture - Rezoning from A-1 (General Agriculture) to R-1 (Single Family Dwelling), Project No. RZ-22-08-43. (Advertised in the West Orange Times on Thursday, August 18, 2022) Zoning Manager Whitfield presented a brief overview of this property, which is located in the northeast corner of the South Clarke Road and White Road intersection. The property contains approximately 12.59 acres, but only the 5.71 acre portion adjacent to White Road is subject to this zoning request. The applicant is requesting to rezone the current 5.71 acres of A-1 (General Agriculture) to R-1A (Single Family Dwelling), which is the same zoning district as the neighborhoods to the east and south. The R-1A zoning district requires a minimum lot size of 8,000 SF, and the applicant is proposing a minimum lot size of 9,800 SF for purposes of developing an 18-lot single-family residential subdivision.Engineering of the subdivision will come at the time of Preliminary Subdivision Plan. A Preliminary Plan has been submitted to support the rezoning; however, the Preliminary Subdivision Plan (PSP) application has not yet been submitted. Discussion: Member Williams asked about the access off of White Road and whether there will be a widening of White Road, or has capacity been already accounted for. Zoning Manager Whitfield explained there are no current plans on widening White Road, and capacity has already been accounted for because the land use designation is not changing. The applicant was present for questions. (7:40 pm) Chair Lomneck opened the public hearing. Eileen Redfern, 395 Robyns Glenn Road, Ocoee, stated they have lived in the White Hill subdivision for almost 29 years,and they really appreciate the beautiful natural wooded area behind their home. She shared many illustrations on the diverse wildlife in her backyard. She asked to let the diverse wildlife live in peace and keep their happy home, not destroy it. 8 Planning&Zoning Commission August 30,2022 Doug Gomber, President of White Hill HOA, 405 Misty Meadow Drive, Ocoee, stated they are very concerned about stoiiii runoff, traffic access to White Road and the proximity of the Clarke Road intersection, the number of proposed lots and the affect the development will have on the valuation of their homes in White Hill. He explained the White Hill subdivision is very opposed to this proposed development and want answers to the grading of the property and traffic concerns. He requested this be tabled until more information is available to the adjacent White Hill subdivision. Chair Lomneck asked how the traffic access will work with the median that runs parallel to this parcel down White Road. Carlos Bonilla,Esquire,Applicant, explained their engineers have stated there will be a left in and a right in/right out,but the small bumper will have to be dealt with. Zoning Manager Whitfield explained when the Preliminary Site Plan(PSP)comes in an operations traffic study may be required, but not a capacity analysis. Chair Lomneck asked if the water mitigation stays on property. Zoning Manager Whitfield explained subdivisions have to provide on-property drainage, which will be evaluated on the PSP. Chad Shafer, 267 Robyns Glenn Road, Ocoee, stated he is opposed to the proposed development and stated numerous surrounding traffic issues, and suggested a traffic study has to be done before any decisions are made. Carlos Bonilla, Esquire, Applicant, 7901 Kingspointe Parkway, Suite 8, Orlando, said he appreciated the comments, and explained they do intend to put up a fence on the east side between the property lines. He explained the storm drainage will go north to the back of the church and has to stay on-site. He further stated the new homes will total 2,500 square feet with a starting price of approximately$550,000, which will bring all surrounding property values up. Chair Lomneck closed the public hearing. Vice-Chair Kennedy clarified that the item before them is simply to change the zoning and not to recommend approval or denial of any site plans; and further, the Future Land Use Map shows this parcel to be rezoned to R-1A Single Family Dwelling. Zoning Manager Whitfield answered in the affilinative. Vice-Chair Kennedy inquired whether it is relevant at this point if the church has previously implied that they would not develop the land. Zoning Manager Whitfield stated the City does not uphold private agreements. Development Services Director Rumer explained the rezoning process in that the site plan at this point is only a very rough site plan.The preliminary site plan will come back for a recommendation, and the homes have to meet the size of the surrounding homes with the R1-A zoning requirements. Chair Lomneck asked the Board to only vote on the rezoning at this time, not the proposed development. (8:01 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of Ocoee Oaks Joint Venture Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling), Project No. RZ-22-08-43, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Williams, Seconded by Vice-Chair Kennedy; motion carried unanimously. 9 Planning&Zoning Commission August 30,2022 G. Ocoee Landings Mixed Use Building - Substantial Amendment to the PUD/Land Use Plan and Preliminary/Final Large Scale Site Plan, Project Nos. RZ-22-07-41 & LS-2022- 007. (Advertised in the West Orange Times on Thursday, August 18, 2022) Development Services Director Rumer presented a brief overview of this property, which is located on the east side of Lake Johio Road,and the north side of E. Silver Star Road,approximately 770 feet east of the intersection of N. Clarke Road and E. Silver Star Road. The subject site is located on Tract 4 of the PUD, approximately 1.76 acres and undeveloped. This amendment proposes a 51,680 square-foot Mixed Use Building consisting of: a) Pt Floor: 8,000 SF of retail and 1,757 SF of apartment leasing space and four(4)apartments;b)2nd Floor&3rd Floor containing 42 apartment units ranging from 1-3 bedrooms. The total amount of apartment units is 46. Access to the site is via a right-in/right-out on Silver Star Road via a shared driveway with Everest Rehab Hospital. An additional driveway is located on Lake Johio Road via internal circulation through Everest's site. A deceleration right turn lane will be provided on Silver Star Road and a right turn lane on Lake Johio Road. Parking is being provided with 109 on-site parking spaces and 5 off-site parking on the Everest site via an expected cross parking agreement. The site is able to facilitate five (5) A.D.A. compliant parking spaces. Stormwater is provided via the master stormwater pond located within the PUD and adjacent to the east side of the project. In between the building and the east property line a small linear walkway with benches is provided for passive use and dog walking. Discussion: David Mayer,Applicant, Cuhaci &Peterson, Maitland, explained they took some ideas from the adjacent Everest Rehab Hospital in order for the buildings to complement each other. He stated the building has visual interest and is not flat,and they provided more parking at the end of the building. Chair Lomneck asked what type of tenants are interested in the retail portion and are any of them restaurants. Mr. Mayer stated that they would like to find a restaurant if they can meet the parking requirements. Chair Lomneck stated this site is prime restaurant real estate. He asked if they can reduce the footprint to incorporate a sit-down restaurant and more parking. Development Services Director Rumer stated the developers have been working on it. Vice-Chair Kennedy asked what the building's external material is. Mr. Mayer stated maybe a traditional stucco finish or EIFS stucco, but will work off of the adjacent hospital's exterior for consistency. Chair Lomneck opened the public hearing. Robert Phillips, 1877 ibis Bay Court, Ocoee, stated he purchased his home in Ocoee Landings in June of 2020, and they were always told the adjacent parcels were commercial. He asked the Commission to balance the needs of moving Ocoee forward, but to also balance the needs of the residents. He requested them to keep this parcel commercial, not residential. He is concerned with the balconies and tenants looking down into the adjacent yards. David Cross, Ocoee Landings, stated he believes this concrete rectangle will be an eyesore which will affect the perception of quality of Ocoee Landings, and apartments on this parcel is a bad choice because of the inadequate parking. Chair Lomneck asked why he thinks residential would be worse than a commercial, which has a lot more traffic. Mr. Cross stated the proposed building is three stories and looks bad; and further, the applicants are at their legal limits with parking. 10 Planning&Zoning Commission August 30,2022 Labrun Alexis, 1853 This Bay Court, Ocoee, stated the difference between residential and commercial is a quiet evening. He stated this building will be directly in his backyard, which was not the plan when he purchased the home. He is concerned about safety. Rose Thomas, Owner/Applicant, stated because Ocoee Landings is adjacent to the north, they decided to not incorporate balconies on the apartments; and further, she stated their buffer line is 15 to 20 feet in certain areas. She explained this PUD is bringing an urban mixed-use setting into the neighborhood with condensed-sized luxury apartments. Vivian Lyte-Johnson, 1884 Ibis Bay Court, Ocoee, stated she supports her neighbors and their concerns; however, her children are looking for luxury apartments within this area. Roshell Drayton, 1908 This Bay Court, Ocoee, stated she supports her neighbors, and believes commercial and apartments are too much for that area. She further stated a restaurant or VA facility would work well there. Summer Jenkins, 1915 This Bay Court, Ocoee, stated she is on the Ocoee Landings HOA and is in opposition to this, and asked them to look at building at the mall in Ocoee. Gisele Johnson, 1854 This Bay Court, Ocoee, stated she is concerned about the entrances/exits to and from this proposed development; and further, it currently is a traffic nightmare in the area. She discussed in further detail the traffic problems. Kenny Johnson, 1854 This Bay Court, Ocoee, stated he is concerned about the traffic and the additional vehicles this proposed development would bring to the area. Andrea Simpson, 1974 This Bay Court, Ocoee, stated she is concerned with the increased traffic this development would bring in the area, which would impact safety and the children who walk to school. She further said the apartments may not have balconies, but they do have windows, which would look down into her neighbors' backyards. Mary Ramos, 1015 San Marcos Boulevard, Naples, Owner/Applicant, explained their idea of developing the apartments;however,they are still figuring out the commercial side. She highlighted the type of people looking for this type of apaitiiient community. Rose Thomas, Owner/Applicant, explained the Ocoee Landings developer, Chip Bryan, worked with them to create a type of plan that would fit this community and enhance Ocoee. Chip Bryan, 1120 Willa Vista Trail, Maitland, Master Developer of Ocoee Landings, stated the concerns of the residents are valid. He explained they worked with City staff on the cumulative impacts associated with the original commercial anticipated uses, and with this current plan the traffic impact is significantly reduced from the original plan. Chair Lomneck closed the public hearing. Member Mellen stated he is concerned about a three-story apartment building looking down on Ocoee Landings and adjacent homes. He said he lives close by and there are no apartments around this vicinity; and further, this does not fit the land use for this area, and, in his opinion, it should remain commercial/retail, which is what he will vote for. 11 Planning&Zoning Commission August 30,2022 Member Williams stated she thinks the timing is off She explained she remembers all of the issues when Ocoee Landings was before them. She further said she does not know which way she will vote at this time; however, she does have concerns with this property and does prefer it staying commercial. Member Forges stated he agrees with Member Mellen, because when Ocoee Landings was before them, they recommended to only place one-story homes along the property line with the adjacent subdivision for privacy issues, and this proposed 45-foot structure creates privacy issues, which is what they were trying to avoid.He further commented on the developer squeezing in parking spaces in order to place this building on this site. He asked if there is a Plan B. His greatest concern is the height of the structure, and he explained the differences in traffic between commercial and apartments. Member Keller asked if staff can answer whether apartments need to be placed on the first floor and explained better commercial uses need to be added to this area. He is concerned about this being a three-story building when everything in the vicinity is one-story. He would like to see this revisited as commercial with a restaurant. Developer Services Director Rumer explained this area does not have an overlay that restricts any architecture requirements. Chair Lomneck stated this type of commercial/residential use is happening everywhere; and further, said a restaurant does need to go in this area. He requested, at a minimum, a 12-foot brick wall be placed along the back in between the properties. Member Mellen reiterated the land use is not apartments in this area. He stated the vicinity is all residential, retail and commercial. He said placing an apartment complex here would not fit the aesthetics or surrounding area as there are no apartments located in or around this vicinity. (8:53 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of Ocoee Landings Mixed Use BuildinRSubstantial Amendment to the PUD/Land Use Plan; Project No. RZ-22- 07-41, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Forges. Member Forges said he is a big fan of mixed-use developments, but this is not the location for it. Chair Lomneck said he is a fan of mixed-use developments as well and believes this is a good use, but the plan needs some revisions with less units and more retail. Vice-Chair Kennedy stated he likes the mixed-use. If it was something similar to what he saw at a previous meeting with retail/apartments/townhomes that had a softer feel and looked more like the residential surrounding it, he might support it, but he cannot support this. Due to confusion on the initial motion stated, the Chair asked for the motion to be restated and a roll-call vote be taken. 12 Planning &Zoning Commission August 30,2022 (8:56 pm) Restated Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of Ocoee Landings Mixed Use Building Substantial Amendment to the PUD/Land Use Plan, Project No. RZ-22-07-41, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Forges; after roll-call from the Clerk, motion carried 4 to 1 with Chair Lomneck opposing. Chair Lomneck asked whether the Preliminary/Final Large Scale Site Plan fails because the zoning failed. Development Services Director Rumer explained there is no need to vote on the Preliminary/Final Large Scale Site Plan because the Board recommended denial of the Substantial Amendment. V. MISCELLANEOUS - (8:58 pm) A. Project Status Report Development Services Director Rumer updated the Board with the following: • Sonny's restaurant opened up last Thursday. • The Aria Senior Apartments off of Roberson Road are in their final stages. • Chair Lomneck asked whether Ocoee Village has finalized their construction with the underground lines. Development Services Director Rumer said they have not started that construction; however, they have put a new team together to get that in order, and in approximately two weeks they should be done with the underground lines. • Chair Lomneck asked Development Services Director Rumer to explain the Florida Turnpike Enterprise's Turnpike Widening Project and how it may impact some of the City's new developments currently under construction. Development Services Director Rumer explained the current plan of the Turnpike Widening Project would greatly impact The Alibi at Lake Lilly Apartments and The Regency. This proposed plan has very large implications and economic impacts on the City. The City has aggressively requested the Florida Turnpike to come up with an alternative plan. • Announced the Open House for the new City Hall is Thursday, September 8th from 5:30—8:00. B. August Calendar- No updates Motion: Move to adjourn the Planning and Zoning Commission meeting; Moved by Member Williams, Seconded by Member Forges; motion carried unanimously. 13 Planning&Zoning Commission August 30,2022 VI. ADJOURNMENT - 9:05 pm ATTEST: APPROVED: 4/ 1 Ka y e d, Recording Clerk Slcott Ken ed , Vic 14