good afternoon welcome to the February 13th city of Apopka Planning and Zoning Commission meeting if You' all please stand with me for a moment of Silent prayer and a pledge to apply amen I pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation [Music] [Music] indice during tonight's meeting if anyone from the public wishes to speak on a matter that is on the agenda you will be given a specific time during that agenda item to come up to the podium and speak if anyone has anything that's Planning and Zoning related that is not on the agenda now would be the time to be recognized seeing none we'll move on number one meeting minutes from December 12th 2023 any corrections or changes no then we'll need a motion I'll make a motion that we accept the many meeting minutes from December 12th 2023 thank you motion by commissioner Washington do I have a second second second by commissioner Ryan all in favor say I I any opposed motion carries number two meeting minutes from January 9 2024 any changes or additions seeing none we'll bring it back for a motion and a vote Mr chairman I move to approve the minutes from January 9 2024 thank you motion by commissioner M do I have have a second second second by commissioner Washington all in favor say I I any opposed motion carries right item number one public hearing quasi judicial has anyone here had exp parte communication on this matter no no very well change of zoning ordinance number 30447 34 South Orange Blossom Trail applicants servant of God Ministry Inc owner service of God industry Inc location 734 South Orange Blossom Trail good good I'm sorry good evening this is Jun Zone planner 2 this is an item for resoning the property located at 734 South orang Blossom Trail we're guesting resoning from transitional sorry transitional to community commercial for the PO place of worship development um the total size of the property is 65 acres future land use is commercial and it surrounding land uses are also commercial the current zoning is Transitional and surrounding zonings are Community commercial and Regional commercial um development Review Committee has um I'm sorry sorry okay development Review Committee has accepted it and then recommended motion is um um approval of the proposal proposed change of zoning based on the findings and facts presented in Step report and Exhibits um the staff and applicant are available to answer any questions I'm really so sorry about that thank you no problem all right do I have any questions of Staff no okay is the applicant here and do they have a presentation would they like to speak you want to make a presentation you want to or if you have to speak sir you have to come to the podium so can hear you you don't have to yeah he doesn't have to if you would please give us your name and address for the record please good evening Michael Harrison 1706 e saman Boulevard Suite 116 apapa Florida property address is 734 South Orange Blossom Trail apapa Florida also just want to use this opportunity to in anticipation to say thank you you that's all okay does anyone have okay I'm sorry hang on Sir does anyone have questions the after no thank you sir were you about to say something no no I'm okay did you finish okay yes sir I'm thank you okay thank you sir all right we'll bring it back to the board for a discussion and a motion Mr chairman I'll make a motion to find the proposed change of zoning from T transitional to C CC Community commercial consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas recommend approval of the proposed change of zoning based on the findings and facts presented in the staff report and Exhibits thank you sir motion by commissioner Washington do I have a second second second by commissioner Ryan all in favor say I Mr chairman U I may have missed it but I just want to make sure that we had public comment I know that we had invited the by it didn't I I apologize okay my mistake is there anyone heing from the public wishes to speak on this matter okay seeing none we'll bring it back to the board would you please redo your motion you don't have to read the whole thing just certainly Mr chairman I uh make a motion to find the proposed change of zoning from T transitional to CC Community commercial consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas recommend approval of the proposed change of zoning based on the findings of facts presented in the staff report and Exhibits thank you motion by commissioner Washington do I have a second second again second by commissioner Ryan all in favor say I I any opposed motion carries right number two quaz judicial anyone had expart communication on this matter no no no sir change of zoning ordinance number 3045 owners Marilyn S brohan trust applicants louns Law Firm care of Logan oall Esquire location 135 Hermes Smith Road it's all yours this is an item for resoning of the property located at 135 hermit smithw requesting running from transitional to light industrial for the outdoor St business the total size of the property is 7.23 acres and the future land use is industrial and its surrounding surrounding future land use is also industrial the current zoning is Transitional and Surround zoning zonings are PD transitional light industrial and residential single family 1 a most of the surrounding properties are currently vacant and this is there there is a wetland on the west side of the property um DRC has um accepted the approval of change of zoning and the um recommended motion is accepted for the um first reading of city council meeting the staff and the public count are available to answer any questions thank you does anyone have questions of Staff see none does the applicant here and do they have a presentation okay do we have any questions no all right is anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for discussion and a motion Mr chairman I'd like to make a motion find the proposal change of zoning from T transitional to Il light industrial consistent with the comprehensive plan and land devel velopment code incompatible with the character of the surrounding areas recommend approval of the proposed change of zoning based on the findings and facts presented in staff report and Exhibits thank you motion by commissioner Mt do I have a second second second by commissioner Washington all in favor say I I any opposed motion carries item number three the special exemption 2301 Coral Hill Road has anyone here had expart communication on this matter no no very well owners hch Development LLC applicant Sarah Sarah Meyer care of duberry Engineers location 2301 Coral Hill Road this is an item for special exception at 2301 Coral Hills World requesting a special exception permit for outdoor storage as a principal use for their commercial vehicles trailers and equipment and tools for Lawn and Landscape Company um the future land use commercial and current zoning is regional commercial and outdoor storage is permitted in Regional commercial zoning district with special exception DRC has um accepted and recommend motion is um um accept this special existent permit to allow their allow outdoor storage for their business staff member and applicant are available to answer any questions thank you anyone have questions of Staff uh I I do so the commission Washington thank you sir so this special exception is actually not it includes the outdoor storage as well as the 8ot High opaque fences around the property as well so they're you're asking the applicant is for two exceptions so the fence permit will be applied um in future but um we are um yeah the the fence is a that's a a variance that uh does not is not covered by the special exception that'll come out later date for a variance for defense it just says that this request includes the proposed it says it includes it so I'm just reading how it's written doesn't mean that does mean that number six item e will adequately screen buffer or otherwise minimize visual impacts on adjacent lands so that would be part of this exception if it's listed in there correct um I would like to refer that question to Jim is under small letter c number one yeah I I see that that's that I believe is the uh I think that's part of the applicants response yeah that would have to be part of the applicant's response um they they'd have to get a variance in order to do a 8 foot fence in a in the industrial okay so when we make this decision tonight we're going to strike out that part where it says in includes proposed 8ot fence yes okay it's primarily for the use in this case okay all right anyone else question okay Jim my my my question with this is okay if we're striking the the Striking that the the use of that from here there's a lot of the things are all based on the screening or or the the visibility from it um further down it says stacked or stockpile material located within 50 ft of a screening fence not exceed the height of the screening fence or wall so it seems like a lot of these things are contingent on we're we're changing this making an exception and put it in that area based on it being hidden and and the visibility but if we take that screening issue out of there now that seems like a whole different thing they're asking for or am I confused here no I I think you hit the nail on the head that um a lot of the use is is contingent upon the 8ot fence um from what it sounds like what they're what they're working on in this case you could you could still recommend approval of the special exception but the it would be contingent upon this the six- foot fence and then if they go for an 8ot fence for for a variance then those uh those requirements would still be applicable so they would be required to have the six foot fence regardless regardless and so the 8ot will be the next step up yep yep okay want that point Jim well in the request statement it says special exception use permit to allow the use of outdoor storage okay but they hav't applied for that yet right okay um Bobby just pointed something out to me again the special exception if if it's if it's approved it would it would be regulated based on whatever size fence they've got in this case if it's a 6ot fence it would be a six foot fence um what they are planning to do is apply for a security exemption um which is Administrative uh to go to a six foot or to an 8ft fence but we have not gotten that so at this at this stage it's it would be applicable for a six- foot fence but if they get the security exemption it would be applicable for the 8ot fence at that stage but you you wouldn't have to you would not have to come back to you for that that portion it would still be applicable for an 8ft fence at that stage right but that seems like a cart and a horse thing that the difference between a six- foot fence and 8ft fence to the adjacent properties would be could be quite a bit as far as visibility um can you bring the map back up with that for us the the special exception is still for the use itself um it if there's a six foot fence that's what they that's that would be their limits and one of the reasons why I'm questioning that is that I know in the past we have approved things of this nature there's one I have particular in mind but I don't know the address of the applicant so I'm not going to mention it where it was contingent on offense and shielding from the public and within six months the shielding was gone on and there's things stacked 10 foot high over the fence and I I've driven by and looked at it numerous times in my travels I drive by there and every time I look I think well okay so that that's a consideration in my mind because the fact that either we just don't address it or code enforcement doesn't have the time to go after that or for whatever reason but we make the exception or the variance based on this criteria and then there's not the criteria is not followed so that's that's why I'm concerned about the fence and the and the screening when it's a fence with a a tarp or the whatever kind of screening they use it deteriorates and goes away and then what happens that's that's a Code Enforcement issue at that point this is a little bit different than the one I know exactly which one you're you're you're referring to um this one does have uh basically the expressway on the North side and then then the small portion um on the southern side is U it's industrial for the one portion and then and then there is that uh small commercial outlet on the no I understand there's no residential close to it so it's not as big an issue but okay we had a discussion about regarding the fence between City staff and the applicant and applicant is here and if you would like to hear her um okay absolutely any more questions of Staff well I do Jim I don't want to belor this thing know I can't hear you need to come up I but labor this the conversation but uh can we just in in the where we where we say approve a special exception use permit to allow the use of outdoor storage and can say and the installation of a 8 foot high opaque fence that's if if it's approved by a um security exemption plan oh all right just looking for a solution all right thank you the applicant here and do they have a presentation good evening Sarah Meer with duberry Engineers um here on behalf of the applicant 800 North Magnolia Avenue Orlando Florida um I appreciate ear's questions um it's been a a great process working with staff I do know that um my client is very much in favor of an 8ft fence not only to screen from public View you know vehicles and pedestrians going by but for their own security purposes um their their trucks and trailers and Equipment um is often targeted um by for theft and so they do like to they lock most stuff up in enclosures at night inside buildings but the remainder of stuff does get left out and they do their best to hold on to that um so we are asking for the 8ot fence as part of the special exception if that's a condition you can tag on to the approval tonight I know that special exceptions by code do allow up to 10 feet 6 to 10 feet through a special exception um and we're asking for eight very thank you thank you thank you ma'am thank you right is there anyone here from the public wishes to speak on this matter seeing none we'll bring it back to the board for discussion and a motion well I think the the problem with commercial vehicles they need to have they need to have an OT fence so I I don't think we can improve it without an a fence of course that's that's a variance and it's not a special exception with the fence correct can we approve it you with a with an exception if it ises a variance for the defense or is that not an OP Council what I or pardon me commission what I can say at least in my understanding of right now discussing this with staff um it would appear and and I haven't reviewed the code for these so I'm I'm just speaking of uh you know of our discussions uh that um six feet is what is permitted by zoning and that there is a process available to whether it's by variant or through some other application process uh for a security exemption to go through to get to an 8ot fence hold on hold on sorry this is industrial correct yesal commercial commercial okay never mind yeah it's still six foot okay so there is a limitation per the zoning so that does require a diff since ultimately special exception has to be in compliance with the zoning code there needs to be another mechanism to get to that 8T so there is a different process but that's not part of the special exception process for the time being yeah yes what does that mean for the time being orov they can they can use the six- foot fence at this stage with the even with the special exceptions special exceptions for the use if they come in and apply for a security exemption to allow for an 8ot fence um lighting bar wire whatever else um then that would be a staff recommend or staff approval and then they at that stage they could go up to 8 ft but they don't have to go for once they get us approved they don't have to go for an eight flot fence because it's approved for a six foot fence correct six foot fence comes with the property comes with the code if they want anything higher they have to sorry I keep pushing the button wrong um if they want to go higher then in this case it would be a security exemption based on the the uses that they've got yeah but I think they need to go higher for for commerci commercial I get that and that's why they're going to apply for that definitely so they so they say you know I don't think there's any argument about a foot fence that's makes sense it's just this administrative thing that we have here can I say something to you you know with the uh recommended language here it says recommend approval of the special exception to allow outdoor storage except the 8ot fence since is written in here and then keep on going with it I just don't like to re to approve this thing and the a foot fence is still in the in the document you you can you can uh State the motion as approve the special exception without the 8 foot fence and be done with it super and then we'll take care of the 8 foot fence with this with the uh um with the security exemption beautiful and commission members I have pulled up the relevant code with the security exemption it's actually not a variance from a legal standpoint uh but just simply uh an administrative uh submitt that they would need to submit that is made on the administrative level so it doesn't need to be part of this this board's decision okay so are you supporting what I said that uh we were me recommend a special exception to allow the outdoor storage without the OT fence is that are you supporting what I'm saying essentially yes because that's what the criteria is okay so you know subject to zoning requirements is is exactly what way that you've couched the uh the proposal thank you now so as a practical matter when we approve it it's approved with a six foot fence and that's that's period end of discussion yes okay so and then if they apply if they come back after the and ask to the OT Defence for their own benefit or for shielding or whatever reason then that's a different thing so we have to make our decision based on it's going to be a six foot fence unless this is tabled and they go get the exception for the eight foot fence and then come back so we have to base our decision on it's we're approving that with a six foot fence and it may be that for six foot fence correct am I correct you're you're approving the special you're yeah you're approving the special exception for the use itself the six foot fence comes with it you don't even have to say that anything say but I'm saying that this is approving yes and then if they decide not to put an 8ot fence to it's going to be a six foot fence so we have approved this variance with a special exception got yep and to me if it if it was near a residential area was more of the noxious use and I probably more concerned about it I'm just trying to get the semantics right understand what we're doing but wouldn't this be a case where it would be better if they put did that application beforehand before it came in Fr of was that if we worded it differently yes if if if we didn't you know if we had not put in the or left in the 8ot fence and yes it would have been easier to just do the special exception for that use and be done with it but the 8ft fence is complicating it I understand okay great all right thank you very much all right I think we already asked for public comments so we're back to the board for discussion or a motion well as I said before I don't want to keep on repeating myself uh I just think that the mo the motion should be modified to say with the exception of a fo f and then we vote on it that way it's clean I don't think we we have that capability am I correct we can change the motion no you can modify the motion so we we can modify the motion correct the best way to do it be to have the original motion maker just uh okay well then everything that we discussed a minute ago doesn't apply okay all right very well sounds like a good idea thank you go get them so you you GNA put it on me now to it's on you it's your idea we got it thanks fellas okay Mr chairman I make a motion to recommend approval of the special exception to allow outdoor storage with the exception of the 8 foot fence as a pro principal use for commercial vehicles trailers equipment and tools for landscape business as a primary use in the CR Regional commercial zoning District subject to the exhibits and findings of the staff report thank you motion by commissioner Washington do I have a second that's no 8 foot fence right correct he he stated that in there all right just want to clear that up okay I need a second I'll second second by commissioner M all in favor say I I I any opposed no motion carries okay all right on the site plans quasi judicial has anyone had any discussion on this matter no no okay Madison Oaks mf3 parcel major development plan plan owners Kelly Park VB Development LLC care of Kevin bar Barry applicants Kimberly horn and Associates care of Kevin Kevin M robertsson location 3434 West Kelly Park Road good evening Jean Sanchez with the sorry Community Development Department kind of jumped the gun over there this is a request to recommend approval of the Madison Oaks mf3 parcel major development plan the subject property is located on 3434 West Celly Park Road the southwest corner of state or 429 and Sadler Road approximately 12 acres in size the major development plan proposes the development of nine apartment buildings totaling 325 multif family units and four stories high on 12 acres within the interchange District overlay of the Wild Oaks development this interchange District overlay is permitted a maximum of 1,8 residential units constructed based on the master plan and calculation provided in the Wild Oaks development agreement therefore there are 6886 units remaining within the interchange District overlay for Wild Oaks on April 11th 2023 the Planning Commission granted a special exception use permit for multifam uses in the inchange district as required by the form based code the site design comprises of apartment buildings adjacent to sadlo Road and F Drive rights of waste and ab buts the Wild Oaks 10 acre open space amenity area on the south West corner of State Road 429 and Sadler Road the Ingress ER points are both on Saddler Road and golden chem Road the parking lot is located internally screening the apart screen by the apartment buildings medison Oaks includes its own amenity package that comprises of a clubhouse pool and a large passive green area centrally located within the complex sidewalks are located in the perimeter of the project area that connect to walkways to unit entrances a pedestrian connection is provided in the northern portion of the complex promoting pedestrian movement to the commercial PODS of the wall Oak development the site is currently vacant and mostly avoid of trees the landscape plant proposes Red Maple funwood and southern magnolia trees in the perimeter of the project area accent and parking lot trees consist of crepe mortal Japanese pivet and red maple trees a variety of palm trees are sprinkled internally and adjacent to the building the proposed architectural renderings meet the Kelly Park interchange form based code as well as development design guidelines the DRC recommends approval the recommended motion is to recommend approval of the Madison Oaks major development plan subject to the findings in the staff report staff and applicant are available for questions thank you m Sanchez anyone have questions of Staff no applicant here to they have a presentation chairman no presentation okay anyone have questions of the applicant no very well anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for discussion and a motion Mr chairman I'd like to recommend the approval of the Madison Oaks and mf3 parcel major development plan subject to the findings in the staff report thank you sir motion by commissioner mck do I have a second second second by commissioner Washington all in favor say I I I any opposed motion carries right another quasi judicial has anyone had expart communication on this matter no no sir request approval of the 1291 South Orange Bloss all major development plan Mr Al thank you good evening chairman happy Marty gr everybody tonight so hope you celebrate very well this evening we'll celebrate by going over a major development plan a major development plan for 1291 South Orange Blossom Trail it is a 13,449 foot office warehouse development comprised of seven buildings uh as i' stated before it's located at 1291 South Orange bossom Trail properties approxim approximately 11.2 acres in size of the 11.2 Acres three and a half are wetlands future land use and Zoning maps are on the property on the screen property Zone light industrial has a future Lane use designation of industrial the site will be accessed via a full access point leading into the site from US 441 left and right turn Lanes will be constructed leading into the site from 441 total of 184 parking spaces are provided on site seven of which are accessible parking spaces storm water is proposed to be discharged into a pond located on the southern portion of the site 43% of the site is set aside as open space this consists of storm water the preservation of the Wetland area and site Landscaping the development Review Committee recommends approval and the motion this evening is to recommend approval of the 1291 South Orange Blossom Trail major development plan subject to the findings in the staff report um staff is available for questions I do not believe the applicant is in attendance this evening thank you does anyone have questions of Staff no all right uh the applicant isn't here so does anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for discussion and a motion I just make a comment that I uh appreciate the fact that they have a uh 5 foot wide sidewalk along the 441 portion of this project because when you walk when you drive along 441 you see people in bicycles or walking in half the time they're in the highway so uh I'm very happy to see that they have this sidewalk there smart yeah that is required you couldn't have let him take credit for it all right so anything else all right need a motion Mr chairman I you make a motion to recommend approval of the 1291 South Orange Blossom Trail major development plan subject to the findings in the staff report thank you sir motion by commissioner Washington do I have a second second by commissioner Ryan All In favor say I I any opposed motion carries all right do we have any old [Music] business new business we have our uh joint meeting coming up after this it'll be about 15 minutes after the gavl after your gavl they have to set them up Mee journ