04-14-2009 Agenda PacketMayor
S. Scott Vandergrift
City Manager
Robert Frank
April 14, 2009
CALL TO ORDER
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
CONSENT AGENDA
I1914T
A. Minutes of the Planning and Zoning Commission
Regular Meeting held March 10, 2009
III. OLD BUSINESS
IV. NEW BUSINESS
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
7:00 PM
A. 325 Lee Street PUBLIC HEARING Senior Planner Howell
1. Rezoning
B. 16t" Amendment to Ocoee/ PUBLIC HEARING Principal Planner Rumer
Orange County/
Winter Garden Joint Planning Agreement
CANCELEDTHIS ITEM HAS BEEN ■ ULEL)
V. MISCELLANEOUS
A. Project Status Report
B. April Calendar
VI. ADJOURNMENT
O:\P & Z\Agendas\2009\Apr 14, 2009 P & Z Agenda.doc
NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee
Commission Chambers in City Hall unless otherwise advertised. 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. More than one Commissioner may participate or hear discussions regarding a matter which will come
before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any
of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905-3105, 48 hours in
advance of the meeting.
City of Ocoee ® 150 N Lakeshore Drive a Ocoee, Florida 34761
phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us
AlTrImr-TrIFTEm-
CALL TO ORDER
Chairman Sills called the meeting to order at 7:08 p.m. Following a Moment of
Silent Meditation and the Pledge of Allegiance to the Flag, a quorum was declared
present.
PRESENT: Chairman Sills, Members Campbell, Dillard, McKey, and West. Also
present were City Attorney Rosenthal, Development Services
Director Shadrix, Planning Director Wagner, Principal Planner
Rumer, Principal Planner Fabre, and Deputy City Clerk Sibbitt.
ABSENT: Vice Chair Golden, Members Conkling, Morris, and Rhodus were
absent excused.
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Regular Meeting held on
Tuesday, February 10, 2009.
Member McKev. seconded by Member Campbell, moved to accent the Minutes
of the February 10, 2009, Plannina and Zonina Commission meeting. Motion
carried unanimously.
Member McKev, seconded by Chairman Sills, moved to chance the agenda
order and hear Item B, 16th Amendment to Ocoee/Orange Countv/Winter Garden
Joint Plannina Agreement, first under New Business. Motion carried unanimouslv.,
City Attorney Rosenthal informed the board that under the Land Development
Code (LDC) it requires (5) five members of the Planning & Zoning Commission to
constitute a quorum. They do have a quorum; however, with respect to Item B
16th Amendment to Ocoee/Orange County/Winter Garden Joint Planning
Agreement, Member West has a conflict which precludes him from voting and the
LDC provides, that no action can be taken if less then (5) members are present
and voting. Due to the conflict with Item B the board can not take any action on
that item tonight. This does not preclude the board from continuing the opening of
the Public Hearing, so at a minimum he would suggest they open the Public
Hearing and continue it to a date certain so re -advertisement is not required.
Planning and Zoning Commission Regular Meeting
March 10, 2009
NEW BUSINESS
16"a AMENDMENT TO OCOEE/ORANGE COUNTY/WINTER GARDEN JOINT_
PLANNING AGREEMENT
Development Services Director Shadrix stated that this is a project that they
have been working on for some time now; the board may recall approving the
annexation and rezoning on this project. They have worked with the City of Winter
Garden to address additional constraints on land uses, which will be executed via
a tri-party agreement. They have every intention of working things out with Winter
Garden prior to it going before the City Commission. What the board has before
them, inclusive of what the City Attorney has just advised them on, is just a JPA
Agreement for the 16th Amendment, which has been modified somewhat since
they have started.
Principal Planner Rumer gave a brief presentation on the subject property and
stated the agreement before them is just as the others that have come before
them, which includes boundary changes and joint planning area land use
changes. In the Joint Planning Agreement that the City has with Orange County
they agree on a future land use designation that allows them to then work with the
property and not have to go through an amendment each time.
The proposed changes are two fold. First, the two parcels fronting East Crown
Point Road are proposed to be added to the JPA. Second, the JPA Future Land
Use Map will be revised to provide the designation of "Light Industrial" to the
subject parcels.
DISCUSSION
Member West stated he has a voting conflict due to his son and himself owning
one of the pieces of property along the 429. Principal Planner Rumer advised
the board that this project has three separate parcels with three separate property
owners; however, they are presenting it as one amendment.
The Public Hearing was opened for the 16t" Amendment to Ocoee/Orange
County/Winter Garden Joint Planning Agreement.
Kurt Ardaman, City Attorney for City of Winter Garden, stated he would like to
defer any comments until the next meeting.
Chris Martinez, 1838 Lindzlu Street, stated the JPA agreement directly affects his
neighborhood and sister neighborhood. They are deeply concerned about the
land use and what will be built. They would like to see a good responsible
developed piece of property for the safety of their children as they travel that road
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Planning and Zoning Commission Regular Meeting
March 10, 2009
everyday to school, work, etc. They are asking the fine Cities of Winter Garden
and Ocoee to please stay connected with the citizens in that area regarding the
development.
Member McKev. seconded by Member Campbell. moved to continue the Public
Hearina for Item B. 16th Amendment to Ocoee/Orange Countvlwinter Garden
Joint Plannina Agreement to the April 14, 2009, Planning & Zoning Commission
Meetina. Motion carried 4-0 with Member West abstaininq.
HOPPER PROPERTY — Annexation/ezoninq
Principal Planner Rumer gave a brief presentation on the subject property and
stated the property is located at 240 E. Silver Star Road. The applicant has asked
to annex into the City of Ocoee; however, they are not requesting to hook up to
City water at this time. City staff has requested a City of Ocoee zoning
designation of R-1AA (Single -Family Dwelling).
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) met on January 29, 2009, and
recommended approval of the annexation of the Hopper property conditioned
upon the City of Ocoee Fire Department verifying accessibility to the site. On the
same day as the DRC meeting, the Fire Department was able to access the
property without issues.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, staff recommends that the Planning &
Zoning Commission recommend approval of the annexation of the 1.24±acres of
land known as the Hopper property, and rezoning to "R-1AX Single -Family
Dwelling District.
DISCUSSION
Chairman Sills inquired if the applicant would be required to pay water impact
fees when he decides to connect to our City water. Principal Planner Rumer
stated he would be required to pay all water connection fees; since there is an
existing home no impact fees would have to be paid. Member McKey inquired if
it would be cheaper to connect to the Robert's Rise subdivision line and go under
the railroad tracks. Principal Planner Rumer stated it would be more work for
the City to try to get an easement from the railroad; their hope is that the other
property owners next to the Hopper property will annex in or the property to the
east would agree to an easement agreement.
As no • _ wished to speak,, was opened1closed for
Hopper • , • •
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Planning and Zoning Commission Regular Meeting
March 10, 2009
Member Campbell, seconded by Member West, moved to recommend approval
of the annexation of the 1.24±acres of land known as the Hooper property, and
rezoning to "R-1AX Single -Family Dwelling District. Motion carried unanimously.
OCOEE TOWN SHOPS — Small Scale Comprehensive Plan Amendment, PUD
Rezoninq/Land Use Plan, Preliminary Subdivision Plan, and Preliminary Site
Plan
Principal Planner Fabre gave a brief presentation on the subject property and
stated the site is located on the northwest corner of Clarke Road and West
Colonial Drive (S.R. 50). The Small Scale Comprehensive Plan Amendment
consists of classifying the parcel from "Professional Offices & Services" to
"Commercial". The Comprehensive Plan Amendment will not go any further until
the Evaluation Appraisal Report (E.A.R.) is approved. The applicant is seeking
approval tonight so they can move forward with their financing.
The Land Use Plan proposes a mixture of uses which are Commercial, Retail,
Restaurant, Restaurant w/ a drive-thru facility, and Financial Services. The
Preliminary Subdivision Plan proposes three (3) commercial lots, which are sized
to fit the proposed building structures. All the lots will be serviced by a common
tract (Tract "A"). Tract "A" will address the requisite infrastructure (access,
parking, sidewalks, landscaping, etc.) improvements.
Several oak trees at the peripheral and rear of the property are scheduled to be
preserved as reflected on the Tree Protection and Removal Plan. Accordingly at
Final Site Plan, the tree protection will be further evaluated with the Landscape
Plan in order to optimize the tree preservation program for the site.
There is an existing left -turn lane on Clarke Road that is planned to be used for
the project's main entrance. There were ten waivers requested; however, four of
the waivers are being requested due to the lots being designed for single site
structures.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) met on February 25, 2009, and
recommended approval of the Small -Scale Comprehensive Plan Amendment,
Rezoning/PUD Land Use Plan, and Preliminary Subdivision/Site Plan for Ocoee
Town Shops subject to resolving the City Attorney's remaining comments before
the City Commission meeting.
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Planning and Zoning Commission Regular Meeting
March 10, 2009
STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Commission recommend
approval of the Small -Scale Comprehensive Plan Amendment, Rezoning/PUD
Land Use Plan, and Preliminary Subdivision/Site Plan for Ocoee Town Shops
subject to resolving the City Attorney's remaining comments before the City
Commission meeting.
DISCUSSION
Chairman Sills inquired if they were just single story buildings. Principal
Planner Fabre stated they are all single story. Member Mcey referred to a
letter sent to the Development Review Coordinator from the Assistant City
Attorney and as to what the response was. Principal Planner Fabre stated they
have already complied with the comments and have spoken with FDOT regarding
the right-of-way. City Attorney Rosenthal stated that their main comment related
to getting the title report in order so they could mail it off to the developer's for the
development agreement which is primarily a City Commission timeline and is not
meant to hold up P&Z action.
The Public Hearing was opened for Ocoee Town Shops — Small -Scale
Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan, and
Preliminary Subdivision/Site Plan.
David Evans, Evans Engineering, was available to answer any questions and
briefly gave an overview of the project. He stated they worked hard on this project
and thinks they will be very excited with the project. Chairman Sills stated he
knows that is a very beautiful piece of property with a lot of oak trees and he
knows they will try to preserve what they can. Development Director Shadrix
stated he has worked with the applicant closely on the tree protection and he
knows there are a number of trees out at the site but he has personally been out
there and a lot of the trees are not viable and can easily fall over. The project is a
fantastic project in an urban area along an activity center. In context, having this
type of development is what they want and the details on how many trees will be
saved will be worked out at Final Site Plan. Member Campbell stated they are
asking for a waiver of about 5% fewer parking spaces and based on the square
footage what are they anticipating the seating capacity of the restaurant to be?
Mr. Evans stated they did studies and internal work to determine the peak time of
each one of the uses of each of the buildings. Member West inquired if they have
any restaurants signed up to go into this shopping center. Mr. Evans stated he
did but based on the delay he has not re -initiated those contacts. The applicant
feels it will be easy to get a good restaurant in there. Member West stated this is
a great development for this corner.
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Planning and Zoning Commission Regular Meeting
March 10, 2009
The Public Hearing was closed for Ocoee Town Shops — Small -Scale
Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan, and
Preliminary Subdivision/Site Plan.
Member McKey stated there are a lot of trees on that property and he is not
pleased with the plans and a bit discouraged with staff for glossing over something
that is important. He further stated he noticed there is no retention area. He
inquired as to why they were building an underground drain system that may or
may not work. Mr. Evans stated they have done a lot of work with this project and
agrees that there are a lot of trees on the property. As mentioned before there
are a lot of Laurel Oaks and Sand Pines and with the hurricanes that came
through most of the Laurel Oaks were affected by it. Mr. Evans stated from a
stormwater perspective they have about 20ft of grading in the front to the back
and the property has a very steep incline so what they have done is incorporate
on top of that. They have a very deep water table and sandy soil and his
experience with the exfiltration type system is that it works and with the slope on
this property; using the exfiltration system allows the property to have frontage.
Member McKey stated he thought that they would be mirroring the east side of
Clarke Road so that it would be dual ponds similar in layout and structure. Mr.
Evans stated that is a feature pond and what happens with those ponds is that
they disappear when you have steep grades going up and all you would see is the
top of the fountain spray. A brief discussion ensued regarding the elevation of the
property, the underground drain, and the waivers requested. Development
Services Director Shadrix stated he feels disappointed that members of the
board feel that staff has glossed over this project because he can assure them
that has not been the case. They have reviewed over thirty different renderings
on this project. He reminded the board that this is an urban area and urban areas
in cities is where the most density and intensity occurs. The Land Development
Code provides for a replacement ratio that works for when trees have to be
removed. Also, this is a preliminary site plan and they will look at it closer when it
gets to final site plan. Development Services Director Shadrix stated the City
Engineer does a very thorough job of reviewing the drainage and he fully stays
behind his staff and recommends approval on this project. Member West stated
he feels it is a tremendous project and it opens up the gateway to the City.
Member West, seconded by Chairman Sills, moved to recommend approval of
the Small -Scale Comprehensive Plan Amendment, Rezoning/PUD Land Use Plan,
and Preliminary Subdivision/Site Plan for Ocoee Town Shops per staffs
recommendation. Motion carried 4-1 with Member McKev opposing.
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Planning and Zoning Commission Regular Meeting
March 10, 2009
Principal Planner Fabre gave a brief presentation on the subject property and
stated the property is located in the northeast corner of Silver Star Road and
Ridgefield Avenue. The applicant is requesting a PUD zoning in order to create a
mix -use commercial development. The Land Use Plan proposes a mixture of
uses which are: uses permitted for C-1 Zoning, Commercial Retail,
Gallery/Museum, Liquor Store (No on -premise consumption), Appliance Store,
Furniture Store, and Music/Radio/TV Shop.
The Small -Scale Site Plan proposes construction of a one-story commercial
building with a total building floor area of 13,515 square feet. There is a 20-foot
right-of-way dedication proposed along Silver Star Road. One of the off -site
improvements is that there will be a left turn lane on Silver Star Road as well as
they will be widening the road. These off -site improvements will be coordinated by
FDOT.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) met on February 25, 2009, and
reviewed the PUD/Land Use Plan and final Site Plan for Silver Ridge Crossing.
After much discussion it was agreed upon to separate the PUD Land Plan from
the Final Site Plan to better facilitate the process since small-scale site plans are
approved administratively.
DRC voted unanimously to recommend approval of the PUD Land Use Plan,
subject to the applicant submitting a revised Land Use Plan and having the
Development Agreement and Title Report finalized and executed before the City
Commission meeting.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, staff recommends that the Planning &
Zoning Commission recommend approval of the PUD Rezoning and Land Use
Plan, as date stamped received by the City on February 27, 2009.
DISCUSSION
Member McKey stated he knows there were concerns about the lighting by many
of the residents who live in that area. Principal Planner Fabre stated they have a
code that requires that any lighting will be shielded or flat lanced and there is no
spill over lighting on the property. All lighting stays on the property. Member
Dillard inquired about how many parking spaces will be available. Principal
Planner Fabre stated there will be 68 parking spaces. He further stated they
provided what is required by code, which is one space per 200 square feet.
Member McKey inquired if any of the spaces could be a small cafe or restaurant.
Principal Planner Fabre stated it would be up to the applicant and the possibility
Planning and Zoning Commission Regular Meeting
March 10, 2009
is there. Member McKey stated his concern is that if a cafe is put there they may
want to put tables out side and this may not be designed for that because of the
parking spaces.
The Public Hearing was opened for Silver Ridge Crossing - Rezoning.
David Evans, Evans Engineering, stated as the board is aware the C-1 zoning
permitted the building to be designed as they have presented tonight. The new
use is also consistent with the zoning. Mr. Evans further gave a brief overview of
the project and the widening of the road.
d Toperzer, 163 Hercules Court, stated this project will be built directly outside
of the back of his house. He inquired as to how far were they widening Silver Star
Road and about how much increase in traffic this will cause for the residents trying
to get into the subdivision. Mr. Evans stated a full traffic study was required for
this project and the road will be widened on both sides, as well as a full left turn
lane will be added. Mr. Toperzer commented that we are going through some
tough economic times and does not know how these spaces will be occupied.
The Public Hearing was closed for Silver Ridge Crossing - Rezoning.
Member Dillard. seconded by Member West. moved to recommend approval of
the PUD Rezonina and Land Use Plan, as date stamped received by the Citv on
February 27. 2009. Motion carried unanimously.
FOUNTAINS WEST — PUD Land Use Plan Amendment
Principal Planner Fabre gave a brief presentation on the subject property and
stated this project was originally approved by the City Commission on December
19, 2006. During the original approval process, lots 1 thru 3 were the most
restricted due to the close proximity with the residential subdivisions across the
street. Specifically, the rational for Lot 2's drive-in restriction came from
residential lots being as near as 120 feet. Conventional zoning restrictions for
drive-in restaurants are set at 200 feet.
The applicant has requested for the change on the permitted uses chart on sheet
C-10 of the Land Use Plan. The requested land use change will allow Lot 2 to
have a drive-in restaurant as a permitted use. This requested Land Use
Amendment will only affect Lot 2 of the Fountains West PUD subdivision.
Planning and Zoning Commission Regular Meeting
March 10, 2009
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION,
The Development Review Committee (DRC) met on February 25, 2009, and
reviewed the Amendment to the PUD Land Use Plan for Fountains West. There
was only one outstanding issue to be addressed from the City Attorney's Office
that was identified in the meeting. When discussion was finished, the Committee
voted unanimously to forward the requested Amendment to the Fountains West
PUD for the Commissioners review and consideration and official action.
STAFF RECOMMENDATION
Based on the recommendation of the DRC, staff recommends that the Planning &
Zoning Commission submit its formal recommendation (approval, approval subject
to conditions, or disapproval of the requested action) for the Substantial
Amendment to the Fountains West Land Use Plan, as date stamped received by
the City on February 10, 2009.
DISCUSSION
The Public Hearing was opened for Fountains West — PUD Land Use Plan
_ zf, •
Brady Lessard stated about two years ago McDonald's was looking at lot 2 and a
condition was placed not allowing a drive thru restaurant on that lot. The City
Commission wanted the developer to look at lot 4; however, that lot simply does
not work for the McDonald's business plan. He further stated at the time
McDonald's and the developer did not have the opportunity to sit with staff, the
Commission, and the adjacent property owners to hash things out. The existing
development has been a neighborhood commercial center that has been
successful and they are hoping to become a part of that. This time around they
have had the opportunity to sit down with staff, some of the Commissioners, and
they have been able to reorient the building which they hope will alleviate some
concerns from the adjacent property owners. Mr. Lessard stated their next step
as a team is to meet with some of the HOA's in the surrounding area so they can
discuss various concerns.
Justin Polk stated he feels Mr. Lessard hit most of the points and he is available
to answer any questions. Chairman Sills stated he believes many of the
resident's concern at the last presentation was the speakers and the sound
disturbance. Mr. Polk stated a lot of people have problems with the "squawk
boxes" from the old days but he has scientific data showing that the new speaker
boxes from 64 ft. away have 46 decimals of volume. He can definitely say that the
sound factor from the speakers will not be a concern. A drawing of the
McDonald's elevation and lay -out was provided to the board members and Mr.
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Planning and Zoning Commission Regular Meeting
March 10, 2009
Polk gave a brief overview of how the building would be placed and the
advantages of the placement.
Member McKey commented that he believes everyone that was involved with the
project on the west property on the other side of the street felt that was an upscale
neighborhood and did not want to put something there that would lessen its value.
That is what the concerns were about and that is why they placed the conditions.
Member Dillard inquired if there were other McDonald's that resembled the one
they are presenting, somewhere in the City. Mr. Polk stated they do not have any
in the City of Ocoee and they have only built 3-4 of the new style building around
the Orlando area. He briefly explained some of the changes McDonald's
incorporated to be more of a high quality restaurant.
Member Campbell inquired if this was going to be a franchise. Mr. Polk stated
that is not decided until after everything is complete and he believes that 70% of
the stores are franchises and more than likely this one will be as well.
Peter Schwab, 509 Zinfandel Court, stated he is directly across the street and
was inquiring as to where the squawk box would be located. He further inquired if
the board would have a quorum to vote on this item tonight since Member West
abstained from voting on this the first time it was presented. City Attorney
Rosenthal stated Mr. West does not have any financial interest in this project.
Member West stated he did not own any of the property that was part of this
development, he was the broker involved in the past; however, he is not at this
time. City Attorney Rosenthal stated this is a new action and has nothing to do
with the previous action. Mr. Schwab stated the Commission had knocked this
down and this is the second time this is coming around. He further stated for
good reason there is a condition to not allow a drive-thru in that area and that is
because it is an upscale neighborhood that he lives in. Mr. Schwab briefly
expressed his opposition to the McDonald's drive-thru which included noise
issues. He further stated his recommendation would be for the board to reject this
project as the City Commission did the first time.
Kevin Stanley, 401 Merlot Drive, stated he lives across the street from the
proposed McDonald's and he is also the HOA president for the Vineyards. He
stated they received no contact from the developer's to try to resolve any
concerns and does not believe that they are wanting to work with the residents.
He further stated there are a lot of issues besides the squawk box issue that they
have talked about. He further expressed his concern for not only the noise but for
the traffic, McDonald's becoming a hang out for juveniles, and hours of operation.
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Planning and Zoning Commission Regular Meeting
March 10, 2009
Angela Stanley, 401 Merlot Drive, stated that her husband did a good job of
explaining some of the crime issues but he failed to mention a nightmare that she
had to live through within the past year. She further stated since Publix has come
they have had some real issues in their neighborhood such as cars and homes
being broken into and shoot-outs which one incident ironically ended at a
McDonald's on Clarke Road.
dgardo Sullivan, 2496 Cabernet Circle, stated he has a two story home and he
too still believes the McDonald's will bring crime and become a hang out for
juveniles. He would suggest a different location for McDonald's or a different type
of restaurant for that location that would not have late hours of operation.
Chairman Sills inquired if he felt the crime would go away if they moved the
McDonald's to lot 4. Mr. Sullivan stated he does not feel it would eliminate the
crime being on a different lot and he would prefer that McDonald's not build on
any of the locations. He would prefer to see a different type of restaurant.
Kevin Stanley stated that no one would love to see McDonald's on lot 4 but they
would prefer to have the restaurant near the commercial area and not near the
residents. Putting McDonald's on lot 4 would move them away from the entrance
of their neighborhood and that itself will make a huge difference.
Peter Schwab stated that currently with the nightclub Wild Wild West they have to
hear that on Friday nights late into the night.
Brady Lessard commented that they did contact Principal Planner Fabre to get
the phone numbers for the HOA's and they thought it was etiquette to meet with
the Commissioners first. They still look forward to meeting with the HOA. He
further stated no one likes crime and they do not feel that McDonald's will create
crimes that would not otherwise exist. As for the traffic, they will have the similar
traffic studies for Ocoee -Apopka Road and West Road regardless if McDonald's
goes on lot 2 or lot 4. There has been no discussion with staff or with anyone
initiating discussion on operational hours.
The Public Hearing was closed for Fountains West — PUD Land Use Plan
Amendment.
Member McKey stated that he feels the engineers, planners, and designers all
need to look up the word buffer. A buffer is something to protect people or things
from shock and he does not think Ocoee -Apopka Road is a buffer. He stated he
agrees whole heartedly with the comments he made the first time this came up
years ago and he voted against it. Member McKey stated that he would like for
our staff to consider drive-thru as being no longer politically correct for
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Planning and Zoning Commission Regular Meeting
March 10, 2009
environmental reasons. He would have never thought that Publix would be a focal
point of crime and is really surprised.
Member West stated that he does not feel that McDonald's will be bringing crime.
He believes the main issue may be the High School because kids are coming from
so many different areas and they have different agendas. He would personally
love to see a McDonald's here and would prefer to see them in lot 4.
Member West. seconded by Chairman Sills. moved to recommend approval for
the Substantial Amendment to the Fountains West Land Use Plan as date
stamped received by the Citv on February 10, 2009. Motion failed 2-3 with
Members Campbell, Dillard, and McKev onposinq.
Member McKev, seconded by Member Campbell, moved to recommend denial
for the Substantial Amendment to the Fountains West Land Use Plan. as date
stamped received by the City on February 10, 2009. Motion carries 3-2 with
Chairman Sills and Member West ooposinq.
ADJOURNMENT
The meeting adjourned at 9:04 p.m.
Attest:
Melanie Sibbitt, Deputy City Clerk Jim Sills, Chairman
12
Mayor
S. Scott Vandergrift
Citv Manaver
Robert Frank
center of Good L jvin
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almuUmom
TO: The Planning & Zoning Commission
FROM: Bobby Howell, MPA - Senior Planner
THROUGH: Craig Shadrix, Development Services Director
H
RE: 325 Lee Street — Rezoning
Project # RZ-09-01-02
Commission District 3 — Rusty Johnson
I
Commissioners
Gary Hood, District 1
Rosemary Wilsen, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
M
Should the Planning & Zoning Commission recommend approval of the rezoning of 325 Lee
Street from R-1 (Single -Family Dwelling) to C-2 (Community Commercial)?
The subject property is located at 325 Lee Street. It is approximately 0.29 acres or 12,632
square feet in size and is zoned R-1 (Single -Family Dwelling). The property is vacant except for
several scattered invasive species of trees. The applicant is requesting a rezoning of the
property to a designation of C-2 (Community Commercial) to permit the construction of a
commercial office building with additional lease space for future tenants. The Future Land Use
Map designates the property as Commercial. The table below references the zoning, and Future
and Existing Land Uses of the surrounding properties.
Direction
Future Land Use
Zoning Classification
North
Commercial
Single -Family Dwelling
(R-1)
East
Commercial
Single -Family Dwelling
(R-1)
South
Commercial
Community Commercial
(C-2), Single -Family
Dwelling (R-1)
West
Commercial
Community Commercial
(C-2)
Existing Land Use
Undeveloped parcel
Single -Family Residence
Undeveloped parcels
Two abandoned Commercial buildings
The subject property is located in a platted residential subdivision known as Grace Park. The
Plat was recorded in 1926. The area contains a mixture of single-family residential dwellings
and commercial uses. All remaining single-family properties in the subdivision that contain a
Future Land Use designation of Commercial are considered legally non -conforming.
April 14, 2009
Planning and Zoning Commission
Page 2
The Future Land Use designation of the property and surrounding properties are Commercial,
which is consistent with the zoning designation of C-2 that is being requested. The C-2 zoning
designation that is being requested is consistent with the surrounding commercial zoning
designations. Since the Future Land Use designation of the subject property and surrounding
properties are Commercial, it is the intent of the City for these properties to be rezoned to a
commercial zoning designation and ultimately be redeveloped into commercial uses.
The subject property is located in the Downtown Redevelopment Area. The objective of the
Downtown Redevelopment Area is to attract reinvestment in the downtown area of the City. Per
the Comprehensive Plan, proposed development schemes in this area should include visual
landmarks and public areas, quality pedestrian areas; and uses such as commercial office
buildings which the applicant is proposing to construct in the future on the subject property.
In addition to the subject property being located within the Downtown Redevelopment Area,
Policies 2.6 and 2.8 of the Future Land Use Element of the Comprehensive Plan consider the
subject parcel an infill development site. The Comprehensive Plan promotes infill development
areas by stipulating the streamlining of the permitting process for development proposals and
waivers from specific zoning requirements in infill areas.
Infill development is defined per the Comprehensive Plan as properties inside the urbanized
portion of the City which already have public services and infrastructure but have been skipped
over in the development process. Infill sites are generally limited to less than a few acres in size,
and are generally located in an area where the surrounding development is at least 15-20 years
old. The majority of properties in infill areas are either vacant (such as the subject property) or
are underutilized. Infill development is advantageous to the City since new utilities do not have
to be extended to the site, it improves tax bases in the surrounding area, and it restores vitality
to declining neighborhoods such as the area the subject property is located in.
It is staff's opinion that rezoning the subject property from R-1 to C-2 will assist in restoring
vitality to the surrounding neighborhood and further the Goals, Objectives, and Policies of the
Comprehensive Plan and the objectives of the Downtown Redevelopment Area. The C-2 zoning
designation is consistent with the zoning designations of the surrounding properties that have
been rezoned to a commercial zoning designation and with the Commercial Future Land Use
designation.
The Development Review Committee
request to rezone the subject property
posed to the DRC by the applicant, the
request to rezone the subject property
Commercial).
(DRC) met on February 25, 2009 and reviewed the
to C-2. After answering several questions that were
DRC voted unanimously to recommend approval of the
from R-1 (Single -Family Dwelling) to C-2 (Community
Based on the recommendation of the DRC, Staff respectfully recommends that the Planning
and Zoning Commission recommend approval of the rezoning of 325 Lee Street from R-1
(Single -Family Dwelling) to C-2 (Community Commercial).
Attachments: Location Map
Surrounding Zoning Map
Surrounding Future Land Use Map
Conceptual Site Plan provided by applicant
4
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325 Lee Street
Location Map
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PLOT AND
` LANDSCAPE PLAN
SCALE: V-20'-0"
m
Ocoee Community Development
Department
1/nch equalom2.440e76 feet
240120 o 240 mm 720 Feet
Printed: Maroh2O0S
325 Lee Street
Surrounding Future Land Use Map
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Unincorporated Territory
E3and OtherK8unioipa|tioo
Zoning Classification:
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General Agricultural (A+1)
Suburbun(A+2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AQ
-~
Single -Family Dwelling (F-1A)
Single -Family Dwelling (R-1)
--
One- & Two -Family Dwelling (R'2)
� Multiple -Family OvmsUing (R-3)
Mobile Home Subdivision (TT-1)
Professional Offices & Services (P'S)
Neighborhood Shopping (C-1)
Community Commercial (C-2)
General Commercial (C-3)
Restricted Manufacturing
&VVan*houning(|'1)
General Industrial (|'2)
Commercial (PUD)
Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
>>>Unclassified
Lakes and Water Bodies
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Ocoee Community Development
Department
1 inch equals 702.440976 feet
240120 0 240 480 720 Feet
Printed: March 2009
Subject Property
Unincorporated Territory
and Other Municipalties
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)
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
Lakes and Water Bodies
325 Lee Street
Surrounding Zoning •,
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MIRIT, I "-, 6111M
Ocoee / Ora,nge County / Winter Garden
Joint Planning Agreement
Mayor
S. Scott Vandergrift
City Manaver
Robert Frank
DATE: April 14, 2009
_ center of Goocl I.;_
TO: The Planning & Zoning Commission
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
FROM: Michael Rumer, Principal Planner
SUBJECT: 16th Amendment to Ocoee -Orange County
Joint Planning Area Agreement
CONTINUED FROM MARCH 10, 2009
This item was continued to the April 14, 2009, Planning and Zoning Commission
meeting because the Planning and Zoning Commission could not reach a voting
quorum of five (5) members.
ISSUE:
Should the Planning & Zoning Commission recommend changes to the Joint Planning Area (JPA)
Boundary and JPA Land Use Map?
The area proposed to be added to the JPA encompasses the collection of three parcels known as the
East Crown Point High Tech Industry PUD. The subject property is located on the North side of Palm
Drive on the west side of SR 429 (Western Expressway) and the east side of East Crown Point Road.
This Commission voted 6-0 to recommend the annexation, rezoning to PUD, and PUD Land Use Plan
back on November 11, 2008. The applicants propose to develop the 45.85 acres as a light industrial
PUD with a maximum floor area ratio of 0.6.
F *'
The proposed changes are two fold. First, the two parcels fronting East Crown Point Rd are proposed
to be added to the JPA (See location map). Second, the JPA Future Land Use Map will be revised to
provide the designation of "Light Industrial" to the subject parcels.
Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the
proposed 16th Amendment to the Joint Planning Area Agreement between City of Ocoee and Orange
County providing for amendments to the JPA Boundary by adding in the area known as East Crown
Point High Tech Industry and amending the JPA Land Use Map to Light Industrial.
Attachments:
Location Map; Joint Planning Area Boundary Map; Future Land Use Map; Aerial
O:\Staff Reports\2009\SR090026_MR_16th Amend_JPA_P&Z_4-16.doc
City of Ocoee ® 150 N Lakeshore Drive ® Ocoee, Florida 34761
phone: (407) 905-3100 ® fax: (407) 656-8504 ® www.ci.ocoeeAus
Attachments:
Location Map
Joint Planning Area Boundary Map
Future Land Use Map
Aerial
Page 2 of 2
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Proposed Modifications
to the Ocoee/Orange County
Joint Planning Area Agreement
Add to JPA
Existing JPA Boundary
EAST CROWN POINT HIGH TECH INDUSTRY PUI
EXISTING LAND USE MAP
�
Ocoee Community Development
Department
1inch equals nay.osyyosfeet
18090 n 180 aeo 5:0reet
Printed: Juno2UUO
Subject Property
Unincorporated Territory
MandOther K8unkcipaltiea 1--��
Zoning Classification: / `
General Agricultural (A-1)
!
Suburban (A-2) �-r
Single -Family Dwelling (R' AAA)
Single -Family Dwelling 0R' A\
Single'Femil/ Dwelling UR-1/Q ^--�
Single -Family Dwelling (R-1) 1�--
Ono-&Two-Fami|yDweUng(R'2)
Multiple -Family Dwelling (R-3)
Mobile Home Subdivision (RT- )
Professional Offices &Servoen(zS)
Neighborhood Shopping (C-1)
' Community Commercial (C'2)
General Commercial KC-3
Restricted Manufacturing I
&VVarohousing(1-1)
General Industrial (1'2)
Cnmmen�a|APUC0
Low Density UzUCA
Medium Oenody(PU[) \ | } |
High Density UzUCA
Public Use (PU[)
X11.
Undaoaified
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OAP & Z\Divider Sheets,doc
PROJECT STATUS UPDATE
TYPE OF DATE REVIEW SUB -
Current Projects PROJECT NO. SUBMITTAL RECEIVED ER MITTAL STATUS
NUMBER
Commercial
ABC Liquors Review 04/02/09 SH 1 st Interior Alteration (Metro PCS)
Sm Scale P/F
AutoZone Ocoee SS-2009-003 ISite Plan 03/12/09 BH _ 1st Staff comments due 4/13/09
P/F Subdivison
Plan & P/F site
Casa Mirella at Belmere
LS-2008-008
_Plan
09/22/08
MR
1st_
Staff comments sent out on_11/13/08
Citrus Medical & Executive Office Park (Saleem
_
Commercial
New Commercial Building Shell DENIED
Healthcare)
Review
02/17/09
BH
1 st
2120/09
Citrus Medical & Executive Office Park (Saleem
Commercial
Healthcare)
Review
03/10/09
BH
2nd
New Commercial Building Shell
Revision to Site
Building revision including parking lot revision
Citrus Medical (Dr. Hettinger)
Plan
02/11/09
BH_
st
APPROVED 2/12/09
City Place at Maguire (fka Professional Parkway
Rezoning to
_1
Town Center)
RZ-08-03-03
PUD
12/18/08
AF
3rd
Staff comments sent out on 2/5/09
P/F Small Scale
Crystal Investment Business Plaza
SS-2008-004
Site Plan
10/10/08
BH
1st
Staff comments sent out on 11/13/08
Commercial
- -
Cre-Ative Nailz & Hair Salon (Worsham)
Review
02/23/09
AF
1st
Wall Sign
Diplomat Tower
LS-2007-024
LSP/FSP
11/13/08
AF
3rd
Staff comments sent on 12/17/08
Commercial
Diplomat Tower
Review
07/10/08
AF
1 st
New 3 Story Office Building DENIED on 8/5/08
Revisions to
Eagles Landing
LS-2004-025
FSP
01/21/09
AF
4th
Approved 1/30/09
Eagles Landing Phase II
Plat
01/27/09
AF
3rd
Plat APPROVED 2/11/09
Eagles Landing Phase III
Plat
01/27/09
AF
3rd
Plat APPROVED 2/11/09
Annex, Rez &
Waiting on JPA Amendment to process to City
East Crown Industrial
AX-07-07-10
CPA
02/25/08
MR
2nd
Commission
Commercial
Fifth Third Bank / Fountains West
Review
02/17/09
AF
1 st
Monument Sign DENIED 2/18/09
Commercial
Fifth Third Bank / Fountains West
Review
03/10/09
AF
2nd
Wall Sign C APPROVED 3/11/09
Commercial
Fifth Third Bank / Fountains West
Review
03/10/09
AF
2nd
Wall Sign B APPROVED 3/11/09
Current Project Status2.xls/Review
4/8/2009
1 of 4
Current Projects
PROJECT NO.
TYPE OF
DATE
REVIEW
SUB -
MI TAL
STATUS
SUBMITTAL
RECEIVED
ER
NUMBER
Small Scale Site
Fifth Third Bank / Fountains West
SS-2007-007
Plan - Revisions
01/21/09
AF
1st
APPROVED on 2/9/09
Small Scale Site
Fifth Third Bank (at Good Homes Plaza)
SS-2008-002
Plan
11/17/08
AF
2nd
Staff Comments sent out on 12/10/08
Amendment to
Fountains West PUD Amendment
RZ-09-02-04
PUD
02/18/09
AF
1st
Scheduled for City Commission on April 7 & 21
Preliminary/Final
F/X Warehouse Complex
LS-2007-022
Site Plan
12/19/08
BH
3rd
Staff Comments sent out on 2/5/09
Large Scale Site
Public Hearing at P & Z on 8/12/08; Waiting on
Hampton Inn
LS-2007-017
Plan
06/05/08
BH
4th
Applicant to schedule for City Commission
Commercial
New Construction - Building APPROVED on
Hampton Inn
Review
05/28/08
BH
2nd
6/02108
Commercial
Relocate 1 exit sign/change directional signs
Highpoint Church (Ocoee Commerce Center)
Review
01/15/09
AF
1st
arrows on 4 signs
Commercial
Inflatable Fun Factory (Good Homes Plaza)
Review
03/05/09
AF
1st
Wall Sign
Commercial
Internet Fun Center (Sherman's Home Decor)
Review
03/30/09
AF
1st
Wall Sign
Commercial
Jules 26 Salon
Review
02/27/09
AF
1st
Wall Sign
Commercial
Wall Sign FUTURE LAND USE ELEMENT
Magic Nails & Day Spa
Review
02/27/09
AF
1st
03/04/09
Large Scale Site
Marshall Farms Business Center
LS-2008-004
Plan
01/13/09
AF
4th
APPROVED on 3/17/09
Commercial
McCormick Woods
Review
01/20/09
BH
1st
PVC Fence (Common Area)
Commercial
McDonalds (Albertson's Shopping Center)
Review
01/27/09
BH
1st
Addition/Interior Alteration
Commercial
Addition/Interior Alteration APPROVED
IMcDonalds (Albertson's Shopping Center)
Review
02/24/09
BH
2nd
2/25/09
Current Project Status2.xls/Review 4/8/2009 2 of 4
PROJECT STATUS UPDATE
Current Projects
PROJECT NO.
TYPE OF
DATE
REVIEW
SUB-
MITTAL
STATUS
SUBMITTAL
RECEIVED
ER
NUMBER
Small Scale Site
McDonalds at Good Homes and SR 50
SS-2009-001
Plan
01/13/09
BH
1st
Staff comments sent out on 2/12/09
Meadow Ridge Commercial
LS-2006-007
Phasing Plan
01/29/09
RBW
1st
Phasing Plan APPROVED on 2/19/09
Commercial
_ - - _ -
New China Restaurant
Review
03/05/09
AF
2nd
(Wall Sign
Preliminary/Final
— —
—
Ocoee Carrier Annex
Courtesy Review Site plan
02/05/09
AF
5th
(Staff comments due 3/02/09
Small Scale Site
Ocoee Oaks United Methodist Church Addition
SS-2008-001
Plan
09/29/08
BH
2nd
Staff comments sent out on 10/28/08
Small Scale Site
Ocoee Town Shops
LS-2008-006
Plan
01/02/09
AF
3rd
Scheduled for P & Z on 3/10/09
The Reserve at Meadow Lake
Commercial
Revisions to width of Entrance Sign and
Review
01/14/09
AF
1st
Screen Wall Columns
Commercial
The Reserve at Meadow Lake
Review
02/11/09
BH
1st
Retaining Wall APPROVED 2/17109
Commercial
Salon Christophe
Review
10/27/08
BH
1st
Interior Alteration
SS-2008-005
Small Scale Site
RZ-08-11-09
Plan & Rezoning
Shoppes at the Village
CPA-2008-005
SSCPA
11/25/08
AF
1st
Staff comments sent out on 1/14/09
Revision to Final
Shoppes at West Oaks
LS-2007-013 Subdivision Plan
03/09/09
Small Scale Site
Silver Ridge Crossing
SS-2008-003 Plan
01/02/09
Commercial
Silver Ridge Crossing
Review
01/20/09
Wall
Sign/Monument
Suntrust Bank / Fountains West
Sign/Directional
12/02/08
Thomas Landing at Lake Meadow
Plat Review
08/13/08
Current Project Status2.xls/Review 4/8/2009
AF 1st APPROVED pending FDOT permit
Scheduled for City Commission for Rezoning
AF 2nd on April 7 & 21
- AF 1st New Construction Shell Building
Wall Sign/Monument Sign/Directional DENIED
AF 3rd 12/03/08
AF 2nd APPROVED
3 of 4
'`i BYI If
Current Projects
PROJECT NO.
TYPE OF
DATE
REVIEW
SUB -
MITTAL
STATUS
SUBMITTAL
RECEIVED
ER
NUMBER
Commercial
Trustco Bank / Meadow Ridge Commerical
Review
09/22/08
AF
1 st
Interior Alteration DENIED on 9/29108
Commercial
Trustco Bank / Meadow Ridge Commerical
Review
11/24/08
AF
1st
Wall Sign & Directional Sign DENIED 12/01/08
To be processed with Ocoee Town Shops
Vacation of Right -of -Way for Unnamed Road
VAC-2008-016
Vacation
10/09/08
AF
1 st
project.
Site Review as part of the Building Permit
Commercial
Denied 12/08/08 by Bobby Howell
Verizon Wireless (Village Marketplace)
Review
12/02/08
BH
1st
Approved 1/15/09 by Craig Shadrix
Villages of Wesmere Phase II
Plat
01/29/08
BH
1st
Plat DENIED on 2/14/08
West 50 Commercial Subdivision
Plat
08/15/07
BH
2nd
Plat DENIED on 09/10/07
Annexation,
Rezoning, &
AX-05-08-25
Large Scale
RZ-08-09-06
Preliminary
West Colonial Parcel (Walia)
LS-07-021
Subdivision Plan
10/23/08
BH
6th
Scheduled for City Commission on April 7
Large Scale Site
Westgate Resorts Call Center
LS-2008-009
Plan
09/18/08
BH
1 st
Staff comments sent out on 10/24/08
Current Project Status2.xls/Review 4/8/2009 4 of 4
r
Sun
Mon
Tue
Wed
Thu
Fri
Sat
2
April Fool's Day
MLx Subcommittee
Charter School Comm.
6 pm.
6:30 p.m.
HRDB
@ Comm. Chambers
7 p.m.
@ Comm. Chambers
4/7 Agenda Published
56
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8
9
10
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7:15 p.m.
@ Comm. Chambers
CACOFD
7
Hunt 10:30 a.m.
p.m.
@,Bill Breeze Park
@ Fire Station One12
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15
1
7
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18.
Planning & Zoning
Police Infraction
Commission 7 p.m.
Board
@ Comm. Chambers
7 p.m.
4/21 Agenda Items
4/21 Staff Reports Due
4/21 Agenda Published
@ Comm. Chambers
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Due to City Clerk
to City Manager
19
20
21 City Commission
22
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2
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7 p.m.
@ Comm. Chambers
@ Comm. Chambers
Bring Your Kid to
26
27
28 Code
2
Work Day!
I
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?
7 p.m.
@ Comm. Chambers
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515 Agenda Items
515 Staff Reports Due
515 Agenda Published
3
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Due to City Clerk
to City Manager
j