06-17-09
SPECIAL MEETING
MINUTES OF THE PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
MEETING HELD WEDNESDAY, JUNE 17, 2009
CALL TO ORDER
Chairman Sills called the meeting to order at 7:00 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, McKey, Morris, and Rhodus.
Also present were City Attorney Rosenthal, Assistant City Attorney
Watson, Development Services Director Shadrix, Principal Planner
Fabre, Principal Planner Rumer, and Deputy City Clerk Sibbitt.
ABSENT: Vice Chair Golden, Members Conkling, Dillard and West were
absent excused.
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Regular Meeting held on
Tuesday, May 12, 2009.
Member CamlJbell. seconded bv Member McKev. moved to acceot the Minutes
of the Mav 12. 2009. Plannina and Zonina Commission meetina. Motion carried
unanimouslv.
OLD BUSINESS - None
NEW BUSINESS
Diplomat Tower - Preliminary/Final Site Plan
Principal Planner Fabre gave a brief presentation on the subject property stating
the site is approximately 6.26 acres in size and is located south of the Florida
Turnpike, north of Tomyn Boulevard, and approximately 900 feet west of Maguire
Road.
Principal Planner Fabre gave a brief history of the property for clarification and
stated a new development agreement will be drafted to show how everything will
be facilitated. The Diplomat Tower site plan will consist of a 3-story
professional/medical office building with associated infrastructure. The building
itself has a total floor area of 78,870 square feet with a footprint area of 26,290
square feet. The site plan as proposed demonstrates all the adequate parking
and all the required landscaping per the Land Development Code. Additionally,
off-site improvements include an eastbound left-turn on Tomyn Boulevard.
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Planning and Zoning Commission Special Meeting
June 17,2009
There are two waivers from the Land Development Code which were requested by
the, applicant/owner. The Land Development Code requires a minimum of 24 feet
wide traffic aisle for an 18 feet deep parking space and the applicant is requesting
22 feet for some of the spaces. As justification for the waiver request the
applicant will provide wheel stops. The other waiver is for a deviation from the
Land Development Code on height. The applicant is only requesting that the
architectural element at the center of the building be allowed to exceed the
maximum building height of 45 feet to a building height of 55 feet.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION
The Development Review Committee (DRC) met on June 10, 2009, and reviewed
the Preliminary/Final Site Plan for Diplomat Tower. There were minor technical
iss~es to be addressed from the Engineering Department and the City Attorneys'
Office that were identified in written staff comments and presented verbally. The
requested changes were discussed and agreed upon by the applicant. The DRC
voted unanimously to recommend approval of the Preliminary/Final Site Plan for
Diplomat Tower, subject to resolving the issues specified on the City Attorney and
Engineering Department memorandums, finalizing the Development Agreement,
and paying for any accrued review fees before the City Commission meeting.
STAFF RECOMMENDATION
Based on the recommendation by the DRC, staff recommends approval of the
Preliminary/Final Site Plan for Diplomat Tower, subject to resolving the issues
sp~cified on the City Attorney and Engineering Department memorandums,
finalizing the Development Agreement, and paying for any accrued review fees
before the City Commission meeting.
DISCUSSION
Member McKey inquired what the height of the architectural tower was going to
be: Principal Planner Fabre stated it would be 55 feet. Member Campbell
inquired if the waiver is written where it would allow the applicant to raise the
entire building height if they chose to or is it written just for the architectural detail.
Principal Planner Fabre stated he believes the way it is written it refers to the
elevations and the elevations only has the architectural detail at 55 feet. City
Attorney Rosenthal stated this is a final site plan so if they were to make
changes they would have to come back for a modification to the plans. The
waiver does specifically reference that it is for the tower.
The Public Hearing was opened and as no one wished to speak, the Public
Hearing was closed for Diplomat Tower- Preliminary/Final Site Plan.
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Planning and Zoning Commission Special Meeting
June 17,2009
Member McKey inquired if one of the Engineer Departments staff comments
mentioned in the memorandum was resolved. Principal Planner Fabre stated
the applicant has met with the engineer and they went over all the comments. He
further stated that all comments will be resolved before being presented to City
Commission.
Member CamlJbell. seconded bv Member McKev. moved to recommend
approval of the Preliminary/Final Site Plan for Diplomat Tower. subiect to resolvina
the issues specified on the Citv Attomev and Enaineerina Department
memorandums. finalizina the Development Aareement. and pavina for anv
accrued review fees before the Citv Commission meetina. Motion carried
unanimouslv.
ROSE HILL PHASES 2 & 3 - REFERENDUM ANNEXATION
Principal Planner Rumer gave a brief history and presentation on the City-
initiated annexation of the Rose Hill Subdivision Phases 2 & 3 into the corporate
limits of the City of Ocoee. On August 12, 2008, this commission approved an
amendment to the JPA with Orange County to include three phases of Rose Hill
into the City's JPA with the intent of a future annexation. On May 12, 2009, this
commission approved a LDC change regarding the City's process with dealing
with City-initiated annexations.
The Rose Hill Subdivision is an existing subdivision with three phases and the City
is currently only dealing with Phases 2 & 3. The annexation area consist of 244
single-family dwellings, public roads, 4 foot sidewalks on both sides of the road,
and five retention ponds. Principal Planner Rumer further explained the process
for this annexation and how it came about.
DISCUSSION
Member McKey stated they usually get some kind of sheet for concurrency on
water, fire, police, etc. and he did not see one with the various staffs comments.
Principal Planner Rumer stated there is an annexation feasibility study in the
paeket. City Attorney Rosenthal briefly added that the format they used is a
specific format required by Florida Statutes, which is why it may be a little different
than a voluntary annexation. Member Mckey stated he had concerns on whether
our Police Department and Fire Department were in agreement with the
annexation. Principal Planner Rumer apologized for not providing their approval
in ~he packets but they have had numerous meetings with the residents in which
the Police and Fire Chiefs were present to answer questions.
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Planning and Zoning Commission Special Meeting
June 17,2009
The Public Hearing was opened for Rose Hill Phases 2 & 3 - Referendum
Annexation.
Amy Bennett, 8948 Hills Dale Drive, Rose Hill Phase 1, stated she is very
interested in being annexed in and it is mostly because they have children that do
go to Ocoee schools, they love the community, and she sees more Ocoee Police
in her area than Orange County Sheriffs. She further stated that Phase 1 was
given misrepresentation in the past that most of the homeowners did not want to
be annexed but that is not the case. They are working to present a small poll to
give an accurate representation for the residents of Phase 1. She further
expressed some of the concerns she had in the past with annexing in but now
feels that being in Ocoee will be a benefit.
Principal Planner Rumer stated part of the JPA amendment to bring in Phase 1
wal) that the City would not seek annexation until January 2010; however, they do
welcome the residents to come talk to them beforehand.
Member Campbell inquired if the City would be in charge of maintaining the fire
hydrants, lines, and so forth. City Attorney Rosenthal stated that is correct, as
well as, maintaining the public streets and the drainage. Member Morris inquired
as .to what percentage of the residents would have to vote for this to pass.
Principal Planner Rumer stated the voting is done by all registered voters and
they would only need a majority vote. City Attorney Rosenthal stated that all
registered voters for that subdivision can vote and briefly explained the mail out
election procedures. Principal Planner Rumer announced that over 70% of the
property owners are registered voters, which is why they can do a referendum
ballot.
Jeffrey Thomas, 8936 Rose Hill, stated he was elected to the Board of Directors
in May for Phase 1 and wanted to inform the board that they had a large turnout at
the meeting last week. His comment is that he would like to still see Phase 1
considered as a stand alone entity but yet have everyone in Phase 1 get a chance
to vote. He further mentioned the previous board had come to the assumption
that the annexation was a bad idea for Phase 1 and he is not sure that if they went
around today that it would be the same case. Mr. Thomas stated he has not
personally heard a good case for why they should annex in but feels that he does
need to get a lot smarter on all the facts.
Member Mckey inquired about if there was a master association for Rose Hill.
City Attorney Rosenthal stated the city has been up front that this is a long
process and staff has been fair to try to bring the residents together. He further
sta~ed that if a group does not want to annex in then the Florida Statutes provides
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Planning and Zoning Commission Special Meeting
June 17,2009
significant protection to make sure everyone is informed and does have an
opportunity to vote. City Attorney Rosenthal stated the City Manager and staff
supported the approach of the mail ballot because that gives a better opportunity
for participation of the electoral process. Member Campbell inquired if the mail
out ballot would be the same process for Phase 1. Principal Planner Rumer
stated he is correct and in January 2010 they would request to have Phase 1
att~nd meetings so they could provide them with information so they can make an
educated decision.
The Public Hearing was closed for Rose Hill Phases 2 & 3 - Referendum
Annexation.
Prihcipal Planner Rumer stated the process they are looking at is a referendum
ballot and should be mailed out sooner than September 15th and they are on track
for a September 15th Election. City Attorney Rosenthal briefly explained the mail
out election process. Principal Planner Rumer stated they will be having two
more Public Hearings and notices will be sent out. Member Campbell stated he
is just curious if everyone present in the room before them tonight is in favor of the
annexation. The crowd applauded in agreement.
Member CamlJbell. seconded bv Member Morris. moved to recommend
oroceedina with the Citv-initiated annexation of Rose Hill Subdivision Phases 2 &
3 into the corporate limits of the Citv of Ocoee. Florida. pursuant to Section
171.0413. Florida Statutes. Motion carried unanimouslv.
MISCELLANEOUS
Member McKey inquired if the resident's addresses for Rose Hill would be
changed to an Ocoee mailing address. City Attorney Rosenthal stated the
answer is yes and there is a procedure where the post office recognizes an
annexation and will allow the residents to change their address. Development
Services Director Shadrix thanked the board sincerely for coming in for this
Special Meeting. He further complimented Principal Planner Rumer, City Attorney
Rosenthal, and the City Clerk's office for the huge undertaking of this project for
Rose Hill.
Development Services Director Shadrix stated he spent all day yesterday with
the City's CRA Administrator Russ Wagner and a team of consultants from Miami
and the purpose of that one day workshop was to come up with a master plan
concept for the area between Maguire Road and Marshall Farms Road south of
Hwy 50. They also met with the developers who will be developing the City Place
and the whole concept was to get something done that they knew would work.
Mr. Shadrix further explained the land use concept plan that they are working on.
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Planning and Zoning Commission Special Meeting
June 17, 2009
ADJOURNMENT
The meeting adjourned at 7:48 p.m.
1CL- J,M
Melanie Sibbitt, Ueputy City Clerk
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APPROVED: