10-10-2017 Minutes Mayor Commissioners
Rusty Johnson John Grogan, District 1
404*
City Manager Rosemary Wilsen, District 2
Richard Firstner, District 3
o c o e e Robert Frank Joel F. Keller, District 4
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florida
PLANNING AND ZONING COMMISSION
MINUTES
OCTOBER 10, 2017
I. CALL TO ORDER - 7:00 pm
A. Invocation and Pledge of Allegiance
Chairman McKey announced Member West has resigned from the board after
volunteering for 17 years. He expressed his appreciation for all the work he has done on
this board throughout the years. Member Sills expressed he was a great asset to this
board and he will be missed; further, he wished him well in his future endeavors.
B. Roll Call and Determination of Quorum
Present: Chairman McKey, Member Frommer, Member Richemond, Member Sills
and Member Wunderlich. Also present were City Planner Rumer, Planner 1
Jones, Assistant City Attorney Crosby-Collier and Recording Clerk Heard.
Absent: Vice-Chairman Keethler, Member Evans and Member Henderson
Also Present: Candy Morgan, RPR, FPR, Landmark Reporting, Inc., (Agenda Item IV-
B, Inspiration PUD)
II. CONSENT AGENDA
A. Minutes of the Planning and Zoning Commission Meeting held on August 8, 2017.
(7:02 pm)
Motion for Approval of the Consent Agenda: Moved by Member Sills, Seconded by
Member Wunderlich; Motion carried unanimously.
III. OLD BUSINESS
Chairman McKey noticed that there is no old business to be discussed, but announced
he would like the Board to think about a question he raised a few months back about
the small scale/large scale threshold. He indicated presently it is 25,000 square feet, but
he would like to see it brought down to 10,000 or 15,000. He asked the Board for a
consensus vote to send this request to the City Commission for consideration.
Planning and Zoning Commission Meeting
October 10,2017
(7:04 pm)
Motion: Move to recommend to the Ocoee City Commission to consider lowering the
Small Scale/Large Scale threshold to 10,000 or 15,000 square feet: Moved by
Chairman McKey, Seconded by Member Wunderlich; Motion carried unanimously.
•
IV. NEW BUSINESS (7:04 pm)
A. Ocoee Business Park Preliminary Site Plan (PSP); Project No: LS-2017-009 -
Public Hearing City Planner Rumer
City Planner Rumer presented a brief overview of the Ocoee Business Park
Preliminary Site Plan (PSP), which he mentioned a plan was previously approved back
in the early 2000's, but this particular PSP is creating one parcel from several divided
parcels. This subject property is located on the west side of Maguire Road, south of the
Franklin Street/State Road 438 corridor and adjacent to State Road 429 Western
Expressway to the east with railroad tracks to the north. He explained the parcel is
undeveloped +/- 44.12 acres with a zoning of light industrial (I-1). This project is
proposing a light industrial/flex office park consisting of three (3) buildings totaling a
maximum of 646,366 square feet. Access to this site will be an existing road off of
Maguire Road and an exit only on the north end of the parcel next to a lift station. He
explained this site is located within the recently-adopted State Road 429 Overlay to
which this particular parcel is within the Business Center Character Area of the overlay,
which entails various requirements and standards. He emphasized to the Board that this
item is in the preliminary stages to which no technical details are entailed at this time.
The transportation study is not finalized as of yet, because some questions need to be
answered; however, thus far it indicates that no offsite road improvements need to be
made and new streets are not being proposed.
City Planner Rumer continued explaining how this project satisfies the regulations with
regards to the Business Center Character Area within the State Road 429 Overlay such
as architectural upgrades, upgraded landscaping to soften the buildings and
landscaping buffers along the roadways, loading docks will face interiorly and along
State Road 429, but will not face Maguire Road; further, this is a major employment
center coming into the city. Satisfaction of the overlay requirements is listed below.
3.0 Design Principals
(1) Project meets standard by enhancing the Character Area's overall sense of place.
(2) Building façade facing road does contribute to an attractive streetscape on Maguire. The project
does not on SR 429 Expressway.
(3) Project will use durable materials as per elevation.
(4) Parking and loading docks do provide for a nice visual impact on Maguire Road. The project does
not on the SR 429 Expressway.
(5) Project will provide landscaping to soften the buildings.
(6) No new streets are proposed.
(7) Buildings will provide features to minimize the visual impact of the larger industrial buildings.
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3.1 Building Placement and Site Orientation
(1) The building along Maguire Road has a front setback allowing for a sufficient landscape buffer.
(2) Parking is provided on the sides of buildings.
(3) The loading docks of Building 200 will face SR 429 Expressway and will be screened from view
with landscape screening /berming.
3.2 Engaging the Public Realm
(1) The fronts of the buildings provide appropriate structural elements and variation of wall plane.
(2) The sides of the buildings are architecturally cohesive to the fronts of the building.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On September 5, 2017, the DRC met to determine if the Preliminary Site Plan was
consistent with the City's regulations and policies. When the discussion was finished,
the DRC voted to support the Preliminary Site Plan for Ocoee Business Park subject to
the resolution of outstanding comments from the Transportation Impact Analysis.
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC recommendation, Staff
recommends that the Planning & Zoning Commission support the Preliminary Site Plan
for the Ocoee Business Park subject to the resolution of outstanding staff comments
from the Transportation Impact Analysis.
Discussion: (7:15 pm)
Chairman McKey mentioned this PSP plan looks great, but he is concerned about the
traffic. He asked if the two northern entrances will be a right turn in/right turn out only.
He further inquired if there- are any future plans to enlarge Maguire Road or
enhancements to the intersection at Franklin Street and Maguire Road. City Planner
Rumer answered the entrances will be full access right-in/right-out and left-in/left-out as
there is no median on Maguire Road. He further indicated the Franklin Street
intersection is a State-controlled intersection, and a corridor study will soon be
underway with MetroPlan, which will define the future realignment of Silver Star Road.
Member Wunderlich inquired what agency performed the traffic study to which City
Planner Rumer indicated the City has a transportation consultant under contract.
Member Wunderlich explained he has been living in District 1 for 29 years to which he
has seen a lot of traffic projections, which has given him a rather uncertain confidence
about these projections from time to time. He explained he does not doubt that this
project by itself would trigger the need for any offsite road improvements, but he
believes projects collectively would need road improvements. He inquired at what point
will there be something done to accommodate an increase in traffic volume. City
Planner Rumer explained there is a future project that will enhance the surrounding
roads; however, the traffic studies do take into account future developments with an
assumption of a percentage of traffic increase yearly.
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Member Richemond asked when the transportation study was done to which City
Planner Rumer informed it was done very recently.
Chairman McKey once again indicated he is very concerned about the traffic
surrounding this area and feels it will be a problem right from the beginning.
Sean Carpenter, Engineer with McCraney Property Company, 7101 Presidents Drive,
Orlando, indicated he would like to defer the traffic questions to their traffic engineer
who is not present; however, he said typically in this type of warehouse setting the
distributions happen early in the morning or through the night.
Chairman McKey inquired if they already have tenants. Mr. Carpenter indicated this is
a speculative development, which has no current tenants. Chairman McKey inquired
what the level of service (LOS) states within the traffic report. City Planner Rumer
indicated the LOS is not failing, but he does not have that answer at this time.
Chairman McKey inquired if the Board has any questions to which none were asked.
He further indicated he appreciates them coming into the city and likes the looks of the
building, but he does foresee a problem with the traffic.
Mr. Carpenter proceeded to present a PowerPoint presentation about their past and
current projects. He indicated they have currently developed 6.6 million square feet, and
have been selected by NAIOP as the Industrial Developer of the Year three out of the
last five years.
Mark Smiley, Site Engineer with Smiley & Associates, Inc., 1928 Commerce Lane,
Suite 2, Jupiter, indicated that the traffic study did come in today, which indicated it will
not change the level of service of the roadways; and further, all of the intersections
continue to meet the acceptable level of service per the Florida Statutes.
The public hearing was opened. As no one wished to speak, the public hearing was
closed.
Member Richemond commented that he is very concerned about the traffic and feels
he cannot validate any recent traffic studies, because of a traffic study that was
completed at Fullers Cross Road and Ocoee Apopka Road, which currently takes him
15 to 20 minutes to maneuver through during peak hours.
Chairman McKey indicated the State is working on the expansion of Silver Star Road,
which will ultimately impact this area of Maguire Road.
City Planner Rumer explained this project may not have a traffic improvement plan, but
with any new development within this city there are road impact fees, which in this case
may be as much as a million dollars.
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(7:42 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ocoee Business
Park Preliminary Site Plan (PSP); Project No: LS-2017-009, subiect to resolution of
the remaining staff comments before the City Commission meeting; Moved by Member
Wunderlich, Seconded by Member Sills.
Chairman McKey indicated he is unaware of how to express their traffic concerns to
the City Commission. Member Sills informed him this is preliminary and the final will
come back to this board at a later date. City Planner Rumer replied that the comments
made during this meeting and the motion will be relayed in the staff report that will go
before the City Commission.
After discussion the motion passed unanimously 5-0.
(7:44 pm)
B. Inspiration Planned Unit Development (PUD) Annexation, Rezoning to PUD
and PUD Land Use Plan (LUP); Project No(s): Project # AX-08-17-64 &
RZ-17-08-05 - Public Hearing
City Planner Rumer
City Planner Rumer presented a brief overview of the Inspiration PUD/LUP, which
consist of an annexation, rezoning, planned unit development and land use plan
(PUD/LUP). This project totals 16.27 acres on two (2) parcels, which are heavily
wooded and does not contain any wetlands. It is located south of the Florida Turnpike
and west of Maguire Road. This project will be accessible by a future road extension
constructed to connect to Tomyn Boulevard. Currently there is a daycare directly
adjacent to the western side of this project. With regards to the annexation aspect of
this proposed PUD/LUP, it is surrounded by the City of Ocoee and is eligible for a
voluntary annexation. The surrounding zoning is currently C-3 (Commercial), and the
Future Land Use Map with Orange County designates this parcel as commercial. The
applicant is requesting a rezoning designation of Planned Unit Development (PUD) for
this proposed mixed use office, retail and townhome development, which is consistent
with the adopted future land use designation of Commercial.
City Planner Rumer indicated the proposed project as a mixture of townhomes (90
units), retail and office with pedestrian connections, which functions as one project.
Currently the city has three (3) similar type developments; and, if approved, this will be
the fourth. He explained this development proposes 90 townhome units and four (4)
retail buildings. One retail building within the northwestern vicinity is proposed to be a
preschool with 13,681 square feet. Another retail/office building is a two-story building
with 42,350 square feet, one building is 12,600 square feet of retail/office and one
building is adjacent to the internal park area with 2,500 square feet of retail/office space.
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City Planner Rumer further explained access to this proposed site will be the
developer's responsibility, which they are proposing constructing a road that runs
through the parcel to the south and connects to Tomyn Boulevard. Per DRC discussion,
there will be an emergency exit to Maguire Road. This development is proposed to sit
just south of the Florida Turnpike to which the distance setbacks have been met, which
will include a landscape buffer and an eight (8) foot high wall. Stormwater retention will
be located around the proposed townhomes. An amenity center is also included within
the townhomes with additional parking, and further additional parking is being proposed
within the northeastern section of the townhome development.
City Planner Rumer indicated the developments within the surrounding community
have maintained a Mediterranean architectural theme, but this applicant is proposing a
modern architectural design, but residents within the surrounding community have
always assumed the Mediterranean look would be the look of their community. He
advised the Board this architectural design difference has been a topic of discussion
before the project was submitted to the City, through a technical staff review meeting
and through the Development Review Committee (DRC) meeting. The DRC's
recommendation included taking the architectural element out, because the LDC does
not say there has to be any specific type of architecture; however, the LDC specifies the
architecture must be cohesive.
City Planner Rumer discussed the traffic study in that it is right at the threshold of
requiring a traffic light with regards to the future road, because the townhomes and
daycare would have similar peak AM/PM times whereas the commercial is spread
throughout the day. He emphasized the traffic signal would only be warranted during the
peak hours, which is something the City is looking into further. The developers will be
providing a right-turn deceleration lane going into this development. The applicant has
applied for school concurrency and must go before the Orange County School Board
before coming back before the City Commission Board.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
The Development Review Committee (DRC) met on October 4, 2017, and reviewed the
Annexation, Initial Zoning to PUD "Planned Unit Development", and PUD Land Use
Plan (LUP). Staff discussed the extension of water main and a possible upgrade to a
public lift station. Staff also discussed the potential need for a signalized intersection
and the proposed modern architecture style being proposed. The Development Review
Committee made two (2) motions. The first motion was to recommend approval of the
annexation and rezoning of the 10.6 acres (30-22-28-0000-00-004). The second motion
was to recommend approval of the PUD Land Use Plan for both parcels subject to the
traffic signal and architecture comments being satisfied before City Commission
hearings.
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STAFF RECOMMENDATION:
Staff has evaluated the proposed annexation and proposed PUD and has some
concerns that have not been satisfied or have not had a final resolution. Staff feels
comfortable moving the process to the Planning and Zoning Commission for further
discussion of the items. Staff has issues/concerns with the following items:
a) Modern Architecture which does not reflect the Mediterranean theme the City and residents
have shown to desire.
b) The proposed Pre-school and the effects of the peak p.m. trips to Tomyn Blvd.
c) The location of fee simple townhomes adjacent to the Florida Turnpike without sound
attenuation walls.
Discussion: (8:01 pm)
Member Sills inquired if all of the traffic will be utilizing Tomyn Boulevard and go
eastbound to Maguire Road to which City Planner Rumer answered in the affirmative.
Member Richemond mentioned he also noticed a STEM school is proposed, but City
Planner Rumer clarified that the STEM school is the daycare.
Member Wunderlich mentioned he likes the idea of a traffic signal installed at that
future intersection, and he inquired if this is the very first step of this project to which
City Planner Rumer answered in the affirmative.
Member Frommer informed the Board that Westbrooke Elementary School is within
this vicinity, which impacts the intersection at Maguire Road and Tomyn Boulevard in all
directions at 8:30 am and 3:30 pm, and he is concerned that this intersection will
become more problematic with this development. He inquired about the sound
attenuation walls being installed to which City Planner Rumer explained the Turnpike
Authority is responsible for installing the sound attenuation walls. Member Frommer
further shared he likes the modern design along with the landscaping.
(8:06 pm)
Bradley Luczak, Esquire, White & Luczak, P.A., 655 W. Morse Boulevard, Winter
Park, addressed the board and introduced the development professional team present.
Ray Bradick, Applicant, PKA Orlando, Inc., 529 Versailles Drive, Suite 210, Maitland,
addressed the Board and thanked City Staff for their assistance with this project. He
expressed this project does not contain any waivers or variances from city code,
because they wanted to produce a plan that not only met the objective of their client, but
also met all of the criteria within the City's Land Development Code. He described the
townhomes as upscale and cutting-edge with an anticipated sale price in excess of
$350,000 a unit. The townhomes are intended for owner-occupancy with a live, work
and enjoy life concept. He explained after the DRC meeting they decided to include a
more mixed style of architecture rather than all of a modern design. He discussed the
upscale high-end amenity center, which will be a full clubhouse and pool with services
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such as a towel service. He explained the proposed mixed-use side, which entails a
STEM school and other professional type establishments.
(8:17 pm)
Bob Hahn, Hahn & Hahn Team, 1181 Via Salerno, Winter Park, addressed the Board
explaining they engaged the services of Brian Weber to prepare an objective data-
based study on emerging lifestyle trends within the city, which is entitled, "Lifestyle
Survey of People who Work and Live within Five Miles of Inspiration Property", which
was handed out to the board. He explained their interest in this study was to be able to
align the emerging lifestyle trends with this proposed plan and to demonstrate that this
plan was not a simple arbitrary decision the developer is imposing within the
community. He further explained the methodology, demographics and survey results of
the study.
Mohammed Abdallah, PE, PTOE, Traffic & Mobility Consultants, 3101 Maguire
Boulevard, Suite 265, Orlando, addressed the Board stating they prepared a traffic
study for this proposed project, which concluded that at build-out traffic will be operating
within the adopted levels of service of the city to which he further explained how this
conclusion was founded. He discussed the access issue at the intersection explaining
the study found that a signal is not warranted at this point. He stated the study did find
that the traffic volume falls just short of requiring a right-turn deceleration lane heading
westbound on Tomyn Boulevard; however, for safety and good operation, they will be
providing a right-turn deceleration lane into this development.
Member Sills responded that he cannot see adding 287 parking spaces and a school
without a traffic issue arising at this intersection at Tomyn Boulevard.
Mohammed Abdallah explained with the different mix of uses not everything happens
all at once, and they all peak at different times.
Chairman McKey asked what the level of service (LOS) is currently on Tomyn
Boulevard. Mr. Abdallah indicated it is a "Level of Service C." Chairman McKey asked
whether they project it to stay at a Level of Service C to which Mr. Abdallah indicated in
the affirmative, Level of Service C; and further, he stated it currently is operating at a
little bit less than half of its capacity. City Planner Rumer asked what the capacity is.
Mr. Abdallah answered the capacity during the peak hours is 1,600, but the study
projects the total a little more than 700 in the peak hours, but currently the capacity
stands at a little bit under 600.
Member Wunderlich inquired if each townhouse will have a one- or two-car garage to
which it was answered a two-car garage with two (2) parking lot spaces outside of the
garage.
Member Richemond does not understand where this traffic study is coming from; and
further, he questioned what if movements from all of the mixed uses did happen at the
same time. Mr. Abdallah indicated the science behind the study is based on thousands
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of studies with similar land uses; and further, movements happening all at the same
time could be plausible, but it is not something that is typically designed around.
Bradley Luczak made some closing comments and emphasized this proposed project
meets all of the criteria under the Land Development.Code (LDC). He discussed the
three staff comments, which include the modern architecture to which he suggested he
believes the residents do not desire a Mediterranean theme and 49 percent think
otherwise; and subsequently, the developer has adjusted the architecture of this project
to intermingle different architectural plans to accommodate the City's concerns. He
further cited case law from 1925 regarding aesthetics and stated that aesthetics should
not be a consideration for this board. He emphasized that this proposed project does
not warrant a traffic signal, which addresses the second staff comment. The last staff
comment is in regards to the sound attenuation wall along the Florida Turnpike to which
he explained the proposed site plan now includes an eight-foot wall, a ten-foot
landscape buffer and ponds with fountains to address the noise concerns.
Chairman McKey added that he does not care for the modern design, but he believes
Generation X loves this design to which he does not have a problem with, because it is
far enough away from downtown.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed project.
David Andre, 498 Highbrooke Boulevard, understands that they project these
townhomes to start at around $350,000 and further asked whether the Board knows of
any other townhomes within the city starting at about that range. He also inquired
whether the townhomes could ever be changed into apartments; and he asked them to
keep in mind the retail space at Park Place, which has never been built out. He also
asked what the future may hold for the lot with the pine trees at Maguire Road and
Tomyn Boulevard.
City Planner Rumer answered the parcel at Maguire Road and Tomyn Boulevard is
zoned as a C-3 Commercial zoning to which it could be any type of office, retail or
restaurant. At the moment he did not have any comparable sales of townhomes within
the city to be able to answer his question. Chairman McKey inquired if there is anything
at this time being built on the Park Place commercial parcel. City Planner Rumer
indicated there is an approved 18,000 plus square foot retail building, which is being
considered.
Ray Veloso, Developer, Diplomat Development Group, LLC, 6965 Piazza Grande,
Suite 406, Orlando, indicated he is able to answer some questions. He explained the
townhomes cannot be turned into apartments, which he mentioned is a valid concern.
He explained the development of the commercial parcel. He mentioned the backyards
of the townhomes will be 450 square feet.
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Marcus Tillman, Emmitt Combs & Company Realty, 5401 S. Kirkman Road, Suite 310,
asked what builder will be used to build the proposed townhomes. Mr. Veloso indicated
the builder will be Yellow Rock Construction.
The public hearing was closed.
(8:52 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Inspiration
Planned Unit Development (PUD) Annexation; Project No(s): AX-08-17-64, subject
to resolution of the remaining staff comments before the City Commission meeting;
Moved by Member Sills, Seconded by Member Richemond; motion passed
unanimously 5-0.
(8:53 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning '
Agency, recommend to the Ocoee City Commission Approval of the Inspiration
Planned Unit Development (PUD) Rezoning to PUD; Project No(s): RZ-17-08-05,
subject to resolution of the remaining staff comments before the City Commission
meeting; Moved by Member Wunderlich, Seconded by Member Frommer; motion
passed unanimously 5-0.
(8:54 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Inspiration
Planned Unit Development (PUD) Land Use Plan (LUP), subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Wunderlich, Seconded by Member Sills; motion passed unanimously 5-0.
City Planner Rumer introduced City Planner 1 DeWayne Jones who will be presenting
the next two (2) public hearings. Planner Jones has been a planner with the City for
approximately six (6) years and works primarily with residential zoning. He also
introduced City Urban Designer Peter Kisicki who is the City's new urban design
planner.
{
(9:05 pm-Agenda Item taken out of order)
C. GMMG, LLC, Annexation & Rezoning for 1737 North Lakewood Avenue;
Project No(s): AX-08-17-63 & RZ-17-08-04 - Public Hearing
Planner 1 Jones
Planner Jones presented an overview of the GMMG, LLC property, which is located at
1737 North Lakewood Avenue, 750 feet south of Fullers Cross Road and North
Lakewood Avenue intersection. The parcel is +1- 0.64 acres and contains one (1)
existing single-family residence. The property surrounding this parcel is located in
Unincorporated Orange County; however, the property across the street has already
been annexed into the city and is the upcoming location of Innovation Montessori
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School, which allows this parcel to be eligible for annexation into the city. The property
owners wish to annex to obtain city water service, which will be available at the front of
the property. He added that the property owners are anticipating a three-parcel lot split
in the future, which will allow for three (3) additional homes and the existing home on
this parcel will be demolished. The current zoning is "Orange County/A-1," with a
requested zoning of "R-1" (Single Family Dwelling) upon annexation, (City of Ocoee/"R-
1"). The future land use is currently low density residential, which complies with an "R-1"
zoning. With an annexation approval, the City will receive the full benefits of water,
trash, fire and police assistance.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On September 5, 2017, the DRC met to determine if the proposed annexation was
consistent with the City's regulations and policies. When the discussion was finished,
the DRC voted unanimously to recommend approval of the annexation for GMMG, LLC
property.
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC recommendation, Staff
recommends that the Planning & Zoning Commission, acting as the Local Planning
Agency, recommend approval of the Annexation of the +/- 0.64 acres parcel of land
known as GMMG, LLC parcel.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed project. As no one wished to speak, the public
hearing was closed.
(9:09 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the GMMG, LLC,
Annexation for 1737 North Lakewood Avenue; Project No(s): AX-08-17-63, subject
to resolution of the remaining staff comments before the City Commission meeting;
Moved by Member Frommer, Seconded by Member Richemond; motion passed
unanimously 5-0.
(9:09 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the GMMG, LLC,
Rezoning for 1737 North Lakewood Avenue; Project No(s): RZ-17-08-04, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Frommer, Seconded by Member Wunderlich; motion passed
unanimously 5-0.
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(8:56 pm-Agenda Item taken out of order)
D. Sullins Annexation and Rezoning for 1928 Adair Street; Project No(s):
AX-08-17-62 & RZ-17-08-03 - Public Hearing
Planner 1 Jones
Planner Jonespresented an overview of the proposed Sullins annexation and
p p
rezoning, which is located on 1928 Adair Street, across the street from Marlene Drive
on the northwest side. This parcel is +/- 0.50 acres with one (1) existing single-family
home. He stated some of the surrounding properties are within Unincorporated Orange
County; however, the parcel right next to it is within the city, which allows this parcel to
be eligible for annexation into the city. The property owners wish to annex to obtain city
water service, which will be available at the front of the property. The current zoning is
"Orange County/A-1," with a requested zoning of "R-1" (Single Family Dwelling) upon
annexation, (City of Ocoee/"R-1"). The future land use is currently low density
residential, which complies with an "R-1" zoning. With an annexation approval, the City
will receive the full benefits of water, trash, fire and police assistance.
Development Review Committee (DRC) Recommendation:
On September 5, 2017, the DRC met to determine if the proposed annexation was
consistent with the City's regulations and policies. When the discussion was finished,
the DRC voted unanimously to recommend approval of the annexation for Audrey
Sullins property.
Staff Recommendation:
Based on the above analysis and the subsequent DRC recommendation, Staff
recommends that the Planning & Zoning Commission, acting as the Local Planning
Agency, recommend approval of the Annexation of the +/- 0.50 acres parcel of land
known as Audrey Sullins parcel.
Discussion: (8:59 pm)
Chairman McKey inquired if the property owners need to do anything in order to bring
the property into conformance with the City. Planner Jones indicated the property
already meets the applicable standards.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed project. As no one wished to speak, the public
hearing was closed.
(9:02 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Sullins
Annexation for 1928 Adair Street; Project No(s): AX-08-17-62, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by
Member Sills, Seconded by Member Richemond; motion passed unanimously 5-0.
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(9:03 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Sullins Rezoning
for 1928 Adair Street; Project No(s): RZ-17-08-03, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Wunderlich, Seconded by Member Richemond; motion passed unanimously 5-0.
(9:10 pm)
E. Medical Marijuana Treatment Center Dispensaries — Recommendation for
Consideration of an Ordinance Amending Chapter 180, Section 5-8 of the
City Code Related to Prohibition of Medical Marijuana Treatment Center
Dispensing Facilities - Public Hearing
City Planner Rumer
City Planner Rumer presented the proposed amendment to the Land Development
Code amending Chapter 180, Section 5-8 of the City Code related to prohibition of
medical marijuana treatment center dispensing facilities. In November of 2016, the
voters of the State of Florida adopted an amendment to the State Constitution to allow
broadened use of cannabis to treat medical conditions. In response to this constitutional
amendment, on January 3, 2017, the City adopted an ordinance implementing a
temporary moratorium until December 31, 2017. In June of 2017, the Florida Legislature
adopted Senate Bill 8-A in a Special Session, which established a regulatory process
for medical cannabis dispensaries. Senate Bill 8-A provides local governments two (2)
options for regulating uses. The City's two (2) alternatives are as follows:
1. The City may ban medical marijuana treatment dispensaries outright by ordinance.
2. The City may allow medical marijuana treatment dispensaries; however, location
criteria must follow those for pharmacies as defined by Chapter 465 F.S. and no
limit may be placed on the number of dispensaries allowed within the City.
STAFF RECOMMENDATION:
Based on Senate Bill 8-A's limitations on regulating medical cannabis dispensaries, staff
recommends adopting an ordinance amending Chapter 180, Section 5-8 of the City
Code, prohibiting medical marijuana treatment center dispensing facilities.
Discussion:
Chairman McKey expressed, if he recalls correctly, the ballot was not written with such
language and is contrary to what the voters voted for, but he believes this is not a dead
issue at this point.
Assistant City Attorney Crosby-Collier informed the Board that this is a Schedule I
drug with federal regulations, which is why it is regulated differently with regards to cash
transactions, security and more.
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Member Frommer asked if this prohibited use will affect the dispensing of Marinol.
Assistant City Attorney Crosby-Collier indicated the language with this proposed
ordinance is prohibiting the use of medical marijuana treatment center dispensing
facilities; however, this proposed ordinance does not relate to regulations which are
amended through the State and passed down regarding what conventional drug stores
can or cannot dispense. Further discussion ensued.
Member Wunderlich asked if this proposed ordinance has any effect on existing
pharmacies, hospitals or medical office with what they prescribe to which Assistant
City Attorney Crosby-Collier answered in the negative.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed amendment. As no one wished to speak, the public
hearing was closed.
(9:21 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of an Ordinance
Amending Chapter 180, Section 5-8 of the City Code Related to Prohibition of
Medical Marijuana Treatment Center Dispensary Facilities within the City of
Ocoee, subject to resolution of the remaining staff comments before the City
Commission meeting; Moved by Member Frommer, Seconded by Member Sills;
motion passed unanimously 5-0.
(9:21 pm)
F. Amendments to the Land Development Code (LDC) Relating to Article II
Definitions, Article V, Section 5-8 Prohibited Uses and Table 5-1 Permitted
Use Regulations in Overlay Districts - Public Hearing
City Planner Rumer
City Planner Rumer presented a brief overview of this proposed amendment to the
Land Development Code (LDC). Currently the City has a number of redevelopment and
new development proposals in the CRA District and its three (3) Target Areas as well as
increased attention on the SR 429 Overlay Area. He explained the City would like to
regulate the drive-thru at fast food restaurants, self-storage facilities, automobile service
stations and discount dollar stores within the overlay areas. He stated he has come up
with a proposal to address some of the items; however, the discount dollar stores are
more complicated to identify. He explained they are proposing to change the definition
of "Mini-warehouse" within the LDC to "Self-Storage Facility"; and further, update the
self-storage accessory use within the special overlay districts. He explained they are
proposing to amend drive-in restaurants and not permit restaurants such as a Sonic;
and further, new drive-thru restaurants may not have access or be located directly onto
an arterial or collector roadway and no drive-thru lanes shall be visible from any public
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right-of-way. As far as the automobile service stations, they are proposing such facilities
be limited to three (3) bays unless a waiver is granted by the City Commission, and no
bays shall be visible from any public right-of-way.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission recommend approval of
the proposed amendments to the Land Development Code to provide for regulations of
certain uses in overlays.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed amendment. As no one wished to speak, the public
hearing was closed.
(9:37 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of Amendments to the
Land Development Code (LDC) Relating to Article II Definitions, Article V, Section
5-8 Prohibited Uses and Table 5-1 Permitted Use Regulations in Overlay Districts,
subject to resolution of the remaining staff comments before the City Commission
meeting; Moved by Member Richemond, Seconded by Member Sills; motion passed
unanimously 5-0.
V. MISCELLANEOUS (9:40 pm)
A. Project Status Report - City Planner Rumer updated the Board on the current
developments within the city. He mentioned there is a lot of construction currently
with the hospital, two (2) projects are underway. Chairman McKey asked what is
happening with the Colony site. City Planner Rumer indicated there is an
approved small site scale plan, and the two property owners have developed a
partnership. It is a reputable developer who is willing to clean the entire site, but
the liens and interest on the liens is currently being worked on daily. If a settlement
agreement comes forth, it will be going to the CRA Board and not this board, and
he is hoping a settlement will be forthcoming before the end of this year. He
announced there was a preconstruction meeting today for the Wendy's at
Fountains West, and the preconstruction meeting for Taco Bell is next week, which
will be adjacent to the Wendy's. He updated the Board that 4 Locos Tacos has
been delayed due to comments from Florida DOT saying their driveway is unsafe;
however, they are ready to move forward to which they may modify their plan to
install the driveway off of Cumberland Avenue. Discussion ensued regarding the
reconstruction of Silver Star Road with the development of the Downtown Master
Plan. He stated the microbrewery is underway.
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B. October Calendar
VI. ADJOURNMENT - 9:45 pm
ATTEST: APPROVED:
f;- • e�
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t y H- =re, `ecording Clerk Rob Mc ey, Chairman
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