##VIDEO ID:KFXkEblzpGE## e e e e e e e good afternoon welcome to the October 88th 2024 city of Apopka Planning and Zoning commission if everyone would please stand with me for a moment of Silent prayer and the pledge to the flag pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all right during tonight's meeting each agenda item will have a time for members of the public to speak on that particular item if anyone is here that has a Planning and Zoning commission related item they would like to speak on now would be the time to be recognized okay seeing none we'll move to item number one meeting minutes from August 13 2024 you a motion I'll make a motion to approve the minutes second Mo motion by commissioner Ryan second by commissioner Washington thank you all in favor say I I I any opposed motion carries we did not have a meeting in September because of a lack of a quorum so there is no meeting minutes for September I'd like to put that on the record item number one quasi judicial special exemption for use of outdoor storage 100 Herman Smith Road owners 100 Herman Smith LLC applicant Tera tedro location 100 Herman Smith Road special exemption use outdoor storage uh has anyone here on the board had any expart communication on this matter no no okay Mr song good evening this is junon from the development the applicant has requested a special extenstion use of for outdoor surch as a principal use at 100 haris Road the size of the property is about 5 acre the future land future land use of the property is industrial and the zoning is light industrial the the surrounding properties has future land use of industrial and Zoning of light industrial and PD outdoor stage as a principal use is permitted use in the light industrial Zing district with a special exception use permit DRC has recommended approval and the recommended motion is to approve a special ex use for outdoor storage as a principal use at 100 her SMI Road staff and applicant are available to respond ination and you want to make a presentation Logan opsol 215 North Yola Drive I do have a presentation prepared but I know we were joking this is a very familiar project to all of you an area on hermit Smith that's been cleaned up with a lot of cooperation and a lot of communication with staff um but I'm happy to answer answer any specific questions anyone have questions okay Herman Smith Road is just piece of the project that's considered a private road that's not a city road correct there is it is public right away up into about our entrance to the property well it says right here yeah I can see where it says right away where it end so it cuts off right about the entrance of our property the the right away okay so you're you're required to maintain that road cor right our our portion as it ends into our again the excuse me the right away comes up into our entrance but any portion that might might be utilized would be maintained that's correct thank you question thank you for time stay safe anyone from public here to speak on this'll Mr chairman I'm fine with creating a motion to do this unless anybody else would like to talk about it okay um I'll make the motion to approve a special exception to allow the outdoor storage as a principal use for heavy equipment rental service and a business at a property located at 100 hermit Smith Road in the H I'm sorry i-l light industrial zoning District subject to the exhibits and findings of the staff report thank you sir motion by commissioner DOI do I have a second I'll second second by commissioner M all in favor say I I any opposed motion [Music] carries item number two large scale future land use Amendment onage South owners PM s-1 rolcc applicants appan engineering Carol lute class and PE location southwest corner of on ditch roone and Fe drop project manager Mrs Sanchez good evening Jean Sanchez with the Community Development Department this is a request to recommend approval of the future land use Amendment for onage South properties from County Rural to mixed use the properties are located on the southwest corner of onit Road and F Drive approximately 54.8 5 Acres onage South was approve was annexed into the city on August 21st 2024 under ordinance 30 0 66 the properties are excuse me within the wava interchange Vision plan area and under comprehensive plan future land use Amendment policy 20.9 and the Kelly Park interchange form based code it requires subject properties to have a mixed use future land use designation before development therefore the DRC recommends approval the recommended motion is to recommend approval and transmittal of the change in future land use from County Rural to mixed use to the Florida Department of Commerce for and South staff and applicant are available for questions thank you Miss Sanchez and we have questions of staff I um yes sir commissioner Washington uh I just note that um this uh approval is pending uh a the development Review Committee to look at the development plan is that correct yes sir okay yep okay that's all I just want to make sure any any other questions right thank you Miss Sanchez is applicant here do they have a presentation Luke Classen appan engineering 221 L wrote no presentation we're just here to answer any questions that you might have for both future the next it very well thank you sir all right is anyone from the public here wish to speak on this matter right seeing none we'll bring it back to the board for a motion Mr chairman I'd like to make a motion that we find the proposed future land use Amendment from County rule to mix use consistent with Comprehensive plan and Land Development code and compatible with the characters surrounding areas recommend approval of the proposed future land use Amendment based on the findings and facts presented in the staff record exhibits as well as transmitted to the Florida Department of Commerce thank you ma'am motion by commissioner Norwood you have a second second second by commissioner Wason all in favor say I I I any opposed motion carries right item number three change of zoning and master plan aish South owners PM s-1 RCC applicant appan engineering the applicant location southwest corner of vondage Road and EP Drive change of zoning and master plan Miss Sanchez oh excuse me this is quasi judicial is anyone here any expart communication on this matter no no none all right Miss Sanchez for the record Jean Sanchez with the Community Development Department this is the companion item to the previous um agenda item it is a request to recommend approval of change of zoning from County A1 Citrus Ro to kpim muu Kelly Park interchange mixed use as as well as assignment of transition and neighborhood District overlays and approval of the master plan for onage South the subject properties are currently Zone County A1 sit Citrus Ro and have a future land use designation of County role located on the Northern Terminus of the Kelly Park interchange form based code area the proposed kpi mu zoning as well as transition and neighborhood District overlays for under Sou are compatible with the intent of the city's comprehensive plan and kpi form based code the master plan details a conceptual plan for a mix of residential products comprising 326 single family detached and attached units proposed on approximately 54 Acres the plan calls for 193 town home units 95 rear loaded Lots with 34 feet of width and 38 rear loaded Lots with 405 of width the transition over requires an open space area of 15% and the neighborhood overlay requires 20% the applicant proposes a total of 11.24 Acres of open space that that Encompass an amen an amenity area playground buffer and amenti storm water Pond the master plan also shows approximate access points and connections there are internal connection points offered from the south of the subdivision including a connection to the crossroads development to the South Via fireb Drive RightWay and two others east of said Row the finite details of the site layout and accents points will be provided at the time of major development plan process the DRC recommends approval the recommended motion is to recommend approval of the proposed change of zoning assignment of transition and neighborhood District overlays and master plan based on the findings and facts in the staff report staff and applicant are available for questions thank you Miss Sanchez does anyone have questions of Staff Mr chairman I do the the kpi mixed use sorry yeah the the the kpi mixed use section is this in this circular Zone do you have that on your Maps the regulating plan um yes we do have a map of the regulating plan does this include all of these uh one two three four Lots or is it a section of this it's included the northern Terminus of the regulating plan I know it's circular but these portions of um of of the regulating plan actually includes all these Parcels it is the nor most northern Terminus yes oh okay okay I I realize it's not an exact Circle yeah okay that's it right any more questions all right Mr Clon anyone have questions of the very well thanks for coming problem all right is anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for a motion Mr chairman I have something I'd like just to bring up to the board you know this is 11 acres of open space on 54 total acres is about the minimum 20% and thank you to the applicant for including apply ground and other amenities it's really incumbent upon the city though to change the Land Development code to make that more uh require more open spaces for these communities that's the way I so I can't blame them for you know doing the bare minimum of the open space but I think we should fix that at the city level very well Mr how you listening yes and I think those discussions that come up during the comp plan Workshop uh we had back in September about a little bit more additional opens B all right I think we should sync up with orang County as much as we could you know so that we're more in harmony with what they're doing that would be my recommendation I think they're 35 continuous uh 35% continuous so yeah we're 20 so it's you know it's a 15% variance it's pretty significant right very well all right any more discussion or motion Mr chairman I'll make a motion U to find the proposed land use Amendment from the change zoning from County A1 Citrus rule to kpi Mu Kelly Park interchange mix use in assignment of transition and neighborhood District overlays and master plan finding the proposed change consistent with the comprehensive plan and Land Development code incompatible with the character of the surrounding areas based on the findings and facts presented by the staff report and Exhibits thank you sir motion by commissioner M do I have a second no second second by commissioner Ryan all in favor say I I any opposed motion carries all right number four amend to the Land Development code to allow outdoor recreation in the muud and CC zoning districts Mr how thank you Mr chairman for the record Bobby Howell planning manager City had been approached by a interested party who was looking to do a pickle ball court here in the downtown area uh which is outdoor recreation which is not a permitted use in the mixed use downtown of which we're at so with that staff looked at the code and saw that Recreation outdoor was permitted in a whole laundry list of zoning districts but not within the downtown or commercial quarter District so with that we prepared this um text amendment to a code to allow outdoor recreation within the downtown and the commercial Corridor District to present more opportunities for entities who would want to do like a private pickle ball court within the downtown bring more people inin the downtown or on one of our commercial arteries where they could do you know one of the big time outdoor recreation uh areas so with that um our recommendation is approval and if you have any questions I'd be happy to answer them I do is any commissioner Washington sorry jump over you is any specific location downtown this person's interested in yes he owns some property off Fourth Street Fourth Street yes think it's a good idea else yeah first you know thanks this a great this is a great idea Mr how so thank you thank you 100% support all right thank you anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for a motion I'll create the motion Mr chairman uh I'll make the motion to recommend approval of ordinance number 3075 amendment to principal use table section 4. 2.2 C and the Land Development code thank you sir motion by commissioner DOI do I have a second second second by commissioner Wason all in favor any opposed motion carries right ordinance number 3078 large scale future land use Amendment Chandler Hills owner Orchid Estates HOA Community Mega gng LLC Jacob Snavely 42625 Chandler Road LLC Matthew and Deborah Shaw Daphney Martin Walter H Robinson thei Yun sik irrevocable trust pm- S1 rolcc applicant Jonathan Hues location 2350 West Kelly Park Road Mr H thank you Mr chairman for the record Bobby how planning manager applicant has submitted a large scale future land use Amendment from County Rural City flu in progress future land use in progress and City Residential very low Suburban to mixed use uh to bring a property within to the Kelly Park form based code area applicants requesting this to bring it within the form based code area with and to uh bring the development within the neighborhood character Zone which would allow up five units per acre the total Site Area is 11 16.94% aspect that's not being presented this evening we're just considering the large scale future land use at this point in time Orange County Public Schools is indicated capacity is not available at the high school level and is deficient by 20.8 A1 seats the development Review Committee recommends approval and the recommended motion this evening is to approve large scale future land use Amendment and recommend approval of this and transmittal to the state uh Department of Commerce that concludes my presentation the applicant Mr HS is here as well and I believe he has a a presentation very well Melle thank you anyone have questions of Staff well anyone have question to the applicant or Mr Hues do you have a presentation I did prepare uh let me introduce myself first chairman good evening Jonathan hules with the allance law firm 215 North Yola Drive Orlando 32801 appreciate uh yours and every commission member's service here and dedication to being here and having a quum on what's a uh very busy week and and a lot going on for us and I wish you all a safe remainder of your week um I did I did prepare a presentation I'm happy to to to present it um perhaps uh answer any questions you have it's it's really how you would like to proceed chairman great anyone have questions of the I have a question and and I don't know if this is for Mr how are you but when you just mentioned that Orange County Public Schools said that they don't have if this goes through they don't have space for high school level did I hear that correctly that's correct sir so help me understand if Orange County Public School does not have space for a school system whether it be Elementary Middle School or high school what would then theoretically happen if this were approved and and I can answer to you can whichever you prefer so I can start out Jonathan I know deals a lot with the school board as well in our comp plan there is a provision that states that the governing body can when they make a determination uh on capacity issues because this is a capacity issue right now for the school system whenever you do a future land use or resoning under the County's Charter is capacity and so they look at that and they see how many kids or in the school system based on the development and there's a formula that they have that generates the amount of students that are generated they're saying that this development would cause a deficiency of 20.8 A1 students in apka high school that's in our comp plan there you can use that as a form a way to form your recommendation if you want to approve or deny the the amendment going forward then once you get into the development stage which is under Florida law it's called concurrency which is basically if there's not enough capacity in the system basically one can look at if they don't have that they can take what's called adjacency and they can go with adjacent school zones or capacity zones of what they're called and take from that and if not then if there's none of that left they can then mitigate with a monetary contribution or land or something along those lines so that's how the process works in a nutshell and and I'll just add a little editorial to it and with with respect to the capacity to determination that is is required as part of this comp plan Amendment that's a process that's unique to Orange County it's actually codified in the charter and it's it's it's meant to be informative of what what the status of the schools are now for information purposes of of planning for the future um realizing that right now we're at step one of what's going to be a lengthy development approval process right now we're at the the trans midle of the comp plan that change the map color of to follow that we have a rezone application that is under review that is going to come before you and then we'll also need to go to City Council after that is the major development plan that would also go through staff review come before you go to city council then we have construction site plan same process then we have um actual construction so the students likely wouldn't be generated from this school for a few years and it won't won't be all at once obviously subdivisions by their nature it's it's phased and and how they're developed and it's not a giant slug of students at once but later in the process at the construction site plan is when that school concurrency review is done and if at that time a poka High School stol is is suffering from an overc capacity issue and there is an adjacency at the local schools uh high school then there will be made to be made to make a mitigation payment and that mitigation payment is meant to fund the construction of additional schools and I think what's frustrating everyone right now is is sometimes the the perception or maybe the reality that there isn't enough coordination through local governments and ocps to get these School schools built fast enough I'll tell you you know from this side of the podium we're very much willing to be a partner in that and committing to providing those dollars earlier in the process and additional dollars so those schools can get built but we're very you know before students actually we're looking at a snapshot in time now versus a reality who knows where we'll be in a couple years and there's a process to deal with it so when you mentioned concurrency are you saying that at that point because the process has moved along at that point that then notifies Orange County public school and then at that point they determine if there are other locations that can absorb correct okay that's the adjacent so that does not get triggered in the beginning correct solely looking at the three schools that that this property districted for and and I would have a question to our attorney here I'm I'm not seeing where this this where this process is quaa judicial is that correct okay all right thank you sure is High School um plan by Orange County on on a plot of land that's on Lake Road Lake Brown Lake Road and Sadler Road I've heard that yes I believe that is correct signs up there yeah announcing it there for years and that would be and I think what is happening on that side of town with respect to all all the the the new projects that are come online that that that school's going to need to become a reality here in the in the near future and and the the fees that will be paid by each of these projects as they come through either in the form of mitigation or in the form of just straight School impact fees or the dollars that are going to be required to build it so if the process works that school should come online um at the same time that there's actual students being generated from some of these projects that come before you today and we'll actually be going as as students there can you get a timeline from Orange County school I certainly could try I mean I think we're all we're all pushing you know I think they they use the processes and the analysis of what's coming through as projections um but but I I you know obviously um we all would like to see that school built sooner than later we'll do whatever we can to make that happen one second I want to interject something here that because we we've gone through this many many times um and I know you and you you probably weren't privy to this or you weren't apparent like you're were talking about the school that's proposed out they buy the property and get that ready um that's been there a long long time I think I was on the the County Commission when that was appr so and if we look and try and judge these by school capacity we'll never approve one it's kind of the same way the roads if we go well the roads can't put up with this new division well one follows the other and you can't the the school's never going to build excess capacity ever and if you go to one of their meetings where they're looking at that it's kind of a different and so when we see that here that they don't have the capacity for it i' tell me if I'm wrong Bobby half the time they never have capacity for what we're proposing would that be accurate say probably 90 to 100% 100% I know most times they never have it and it kind of it's It's the horse before the cart in their case but we build that and then they chase the school capacity and they won't build the school capacity prior ever so it's it it always comes up and if we use that and say well they don't have school capacity we can't do this we'd never build anything the same kind of way if the roads can't take it we'd never build anything so it's kind of it it's it's kind of a backwards process but I if you if you ever watch their meetings and how they have to plan and make adaptations when a neighborhood is here and it's full of kids and they bury the school and then the kids go off to college and now the school has nothing and then kids come from another neighborhood so there it's it's a balancing act with them and like I said like he said we never have capacity that's not I'm not saying it's not a factor but that can't be a drop dead Factor on this because if we stop them based on school capacity we never approve anything you follow okay I Mr Washington go ahead thank you sir so um thank you for explaining the process and at the end of road if um capacity cannot be identified then there's mitigation funding now uh is that funding happen before the development goes into the ground or after it's it's it's before so the trigger for single family residentials prior to Plat approval plat approval is of course the you cannot build a home until you have plat approval so you you fund your your mitigation payment then the idea being that those dollars are available to the school board to fund the necessary either sometimes they look at expansions of Campus although they don't do that as much as they used to but really the the the the funding of the construction of the new school and those dollars are supposed to hit and and and be utilized for that that's what the process has been designed for and and and that's the framework and so they get those dollars earlier than what they you know otherwise get when you pay just the school impact fees at issuance of of building permit right so would those funds um be used to accommodate the students coming out of our project or they going go to East Orlando um according to concurrency they're supposed to be yeah I know I know but they're supposed to be utilized to address the capacity issue of the of the specific project so there is some law some case law out there they can't go and and build a a schol use those dollars to build a school over in East East Orlando or or anywhere not here understand we had that issue that with roads Pop's been paying in for roads but we never saw the benefit of it that was behind my question thank you Mr Ryan you have something else yes I do uh what about the comp plan reads that that is determined prior to the issuance of a development order so this is not a development order this is a land use decision at this time but that is something that uh being that it's not a quasi Jud quasi judicial matter that you can take into account and and that was be something certainly you know early in the process that's where if the process works and it should and we have a a great development team that's going to I'm confident we'll stay ahead of it we'll make sure that there's capacity there I mean certainly the last thing anyone would want is is someone to invest the time the effort the cost the process all these approvals to get to a point where there wouldn't be Wastewater capacity to serve a a project I mean that would be I think a lot of people would probably not have their jobs if if that ends up being the cas okay so that's something that will have to be and that's part of the process right we're at step one of what will take several returns to this board as the as the project matures and becomes um with additional detail and then even then sometime before even homes are are built well I think our waste water capacity is supposed to max out in 20 29 is that correct turn out yeah those we got those numbers for you from public services uh some time ago I'd have to go back and look at that but that sounds close yes if I recall correctly I'm I'm going to make that note make sure we get a ahead of that thank you any more questions commissioner doy just one thing Mr hes you've been a good partner with us on other projects and I know that your site plan in here is just a concept and we're talking about the future land use Amendment but my ask would be to please see if you can save some of the trees and the mature trees and you know the Landscaping whenever you come back to us with the c sure yeah yeah and and just be that site plan is the hopefully does come before you for a formal review in the not too distance future so we'll take a look at that um that's going to be part of this zoning that's being proposed as it locks in a site plan so it's there is benefit that it's not just a straight zoning where we're just getting a map color the zoning that would be approved is going to lock in a a actual site plan that the project will you know will guide the future development of of the project all right any more questions I don't have a question but I have a comment all right commissioner Washington uh my subdivision is adjacent to this project and I'm glad it's happening because for years for 17 years all I could hear are AR 45s or 47s back there1 15 what AR15 excuse me I don't own a gun but you know every now and then you be hearing those guns oh man well thank you sure and I will tell you I'm not directly involved but there's been a lot of effort obviously you heard the uh the title read in there's this is an assemblage project which is not always an easy one to to Corral and and bring through so um the good news is you're taking a lot of bits and pieces and you're unifying through one development scheme there's benefits we'll talk about uh when it comes back for the zoning including a significant donation of ride of way on Kelly Park so there's some really good benefits in this project we're going to be excited to share with you all right and just to be clear there's no shooting range on this property no that concept's left off so you're good all right thank you Mr sches anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for a motion can you bring it up on the screen nobody wants to read it off the paper back shoot yeah we're gonna put him to work tonight okay U Mr chairman uh since this is right in my neighborhood I will make a motion uh to find a propos change in future land use designation from County Rural City flu in progress and City Residential very low Suburban to City mixed use consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas yes recommend approval of the proposed change of Zone based on the findings and facts presented in the staff report and Exhibits and recommend approval of ordinance number 378 and if I may interrupt for a second it should say change of future land use the type yes so I apologize for that just future you want to re just make the change here yeah just I um like to alter what I said where it says change of zoning to change of future land use that sufficient very well thank you sir motion by commissioner Washington do I have a second I'll second second by commissioner Norwood all in favor say I I any opposed motion carries thank you all [Music] ordinance 3079 small scale future land use Amendment 2300 West ponan Road request a approval of future land use map Amendment from County Rural to residential low Suburban for 2300 West poncan Road owners Jason Monroe Lee Cara Don Lee applicant Jason Lee location in 2300 West ponan Road as this is quasi judicial I will ask if any members of the board had expart communication on this matter no no very well Mr soon for the record this is on from the Community Development Department the applian has requested a change of future land use over the property located at 2300 West pan Road from County Rural to City Residential low sub which allows 3.52 minutes per acre the total size of the property is 3.56 acre the property was annexed in 2014 by ordinance number 2379 the property is surrounded by residential land use and the proposed land use is cons I'm sorry okay so the property was surrounded by residential land use and the proposed land use is consistent and comparable with the surrounding properties the property is currently being used as a single family house for one household and the the owner of the property has indicated that there's no future plan for any development DRC has recommended approval and the recommended motion is recommending approval of the proposed change of future land use from County Rural to residential low Suburban staff and applicant are available to respond to any Christians anyone questions anyone have questions of the staff no very well anyone have questions to the app very well does anyone from the public here wish to speak on this matter seeing none we'll bring it back to the board for a motion Mr chairman I'll create the motion all right I I recommend a motion to find let me start over i' like to propose a motion to find the proposed change in land future land use designation from County rule to City Residential low Suburban consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas recommending approval of the proposed change of future land use based on the findings and facts presented in the staff report and Exhibits thanks sir MO by commissioner DOI do I have a second second second by commissioner Wason all in favor say I I any opposed motion carries all right ordinance number 3082 resoning 177 zert zero sheer Avenue owners itti gay applicant Brent lesen ply horn Mr chairman that's the next item we've skipped item number seven which one did we skip one here yes backwards okay I apologize I resend that ordinance number 380 change of zoning 2300 West ponan Road owners Jason Monroe Lee Cara Don Lee applicant Jason Lee location 2300 West ponan Road project manager Mr soon for the record this is junon from the Community Development Department the applicant has requested a resoning of the same property located at 2300 West Punam Road from T transition to rsf 1B residential single family District large lot which allows 52 units per acre the total size of the property is 3.56 acre the property is surrounded by residential zoning District which are rsf 1A and rsf 1B and the proposed zoning is consistent and comparable with the surrounding properties DRC has recommended approval and the recommended motion is recommending approval of the propose proposed resoning from T to rsf 1B step and oant are avilable to respond any questions thank you Mr soon as this is quasi judicial I need to ask if anyone on the board had any expart communication on this matter no thank you okay any questions of Staff yeah I have one commissioner Ryan what what is the speed limit in front of the uh piece of land I believe it's 45 miles an hour I mean it's it's the way it's structured it's like how do how do you get in and out of there without line like be a blind turn into that property no matter where you put it the applicant is here Mr Lee it's his personal residents so if you want to kind of come up and explain that great please give us your name and address for the record sir Jason Lee 2300 West Pon Canen road to poka if you don't mind ask that question one more time um because with it's situated on that 45 45 M hour 40 miles hour I think it's 35 pretty sure it's in the curve okay is my apologies and the school zone is actually right after it to the West yeah I've lived there since 2011 is there any Hazard of somebody come to stop trying to turn left into the property say that again is there any issues with someone trying to turn into the property with being a blind curve there it's never been an easy property to get in or out of I guess I've lived there since 2011 so my wife and I talked about potentially building a house and realizing that we annexed in got a transitional zoning and cannot build a house if we wanted to that's what prompted this so just um if if if we wanted to replace our home and and build another home we wouldn't be able to at the moment so which is why we're going through this where where's the interest and entrance to that property can you see where the home is there's actually a there's a a moon shaped driveway two entrances you can't see it in the aerial unfortunately it's more to the west of the property right there okay and actually as it happens we have a driveway you can kind of see it that goes east and then comes out past the curve that's that's the way we access it and then we don't have to worry about the curve okay very good thank you sure any more questions of the app I do yeah commissioner Washington um so uh it says here in the document that we're reading it says uh you want to you you're applying for a change of zoning but you're not putting in a development or improving the property did you say something about you have an existing house there that you we have an existing home it's our Homestead yes so that's the only reason why you want this so that you can improve the house well we bought it to live there and uh when we talked about potentially building another home home there uh we found out we wouldn't be able to under the current zoning oh okay so if you build another home it would still be one home that would be another home if we decide like I said there's no plan currently for the property it was just merely us talking about building a home on there finding out that we couldn't based on the current zoning because when we annexed it was it wasn't giving a future land use and Zoning when we annexed in 2014 okay so maybe I'm confused is there there's no home there now yeah there's there's a home there now I'm sorry if I'm not answering that okay so have existing home and need this in order to improve upon the home or put it or put in an additional home and sell that one or what have you exactly exactly the property is 3.56 Acres so I mean if we wanted to say upgrade and build a bigger home and sell that one or even keep that one whatever but we we couldn't do that right now given the zoning currently okay So eventually there could be two homes there there could be yeah good finished okay questions thank you sir thank you is anyone from the public wish to speak on this matter seeing none we'll bring it back to the board for a motion Mr commissioner I'd like to or Mr chairman I'd like to make a motion that we find a proposed change of zoning from T transitional to R sf1b residential single family District large lot consistent with Comprehensive plan and Land Development code and compatible with the character of surrounding areas recommend approval of change of proposed change of zoning based on the findings and facts presented in the staff report and Exhibits thank you ma'am motion by commissioner Norwood do I have a second second second second by commissioner Washington all in favor say I I any opposed motion carries all right item number eight request for the change of zoning from rsf 1B to RTF to allow development of duplexes owners ital guy applicant Brent laen PE Kimberly horn parcel location is 1770 sheer Avenue before this is a quasi judicial matter oh you're right okay I'm sorry has anyone had expart communic on this matter no okay very well good evening everyone my name is Amir Hamza I'm a planner at the Community Development Department in um the applicant is requesting a rezoning from residential single family large lot rsf 1B to residential 2 family RTF for property located on 1770 shiler Avenue which is just south of Cleveland Street and North of sheer Oaks Drive these are the vicinity and aerial maps of the 1770 sheer Avenue site the total Site Area is 9.92 acres and has a street Frontage of 654 uh feet the applicant is requesting the zone rezoning to allow for the development of a subdivision that includes a mix of uh duplexes which is two family units along with single family homes two family units are permitted uh are permitted use in the RTF zoning District per Land Development code 3.3 .6 the future land use is residential low which gives a density of five units an acre zoning as mentioned before is currently residential single family large lot rip on B and is proposed to change to a residential two family RTF the development Review Committee has recommended approval the recommended motion is to find the proposed change of zoning from rsf 1B residential single family large lot to RTF residential two family consistent with the comprehensive plan and Land Development which is compatible with the character of the surrounding areas and to recommend approval of the proposed change of zoning based on the findings and facts presented in the staff report and Exhibits staff and applicant are here for any questions and comments to be answered thank you sir anyone have questions of staff I do commissioner Washington sure um I uh drove down to this property to take a closer look at it and uh I I I couldn't get a clear view of it from uh Sher Avenue so I drove through an adjacent subdivision drove through that subdivision so then I can see what we're talking about so one question is there's a radio station building there I guess it's in operative is a what what building there sorry I didn't hear it look like a building associated with the radio station yeah it was an old yeah it's an abandoned building so current so it there's currently nothing on that site it's currently vacant it's just an abandoned building on there so what do development goes through will this building be removed uh that would be correct yeah would be what about the uh antennas the what antennas antennas that I don't know I think the applicant may have an answer to that okay well I have other questions come on up the Price Is Right Josh not South Orange Avenue or of Florida 32801 and so to answer your question around will the antennas be going down yes that that is the intention all three of them all three of them correct okay and currently they are not in operation um so it's it won't affect anything okay that all right uh the other thing is uh when I looked at the property it is not a an easy build to me it looks like it's sunken yeah right is it is it not yeah so based off of the survey and and site visits everything kind of slopes down to to the to the lake or man-made lake you know right in that subdivision um so I would say that it's not necessarily um an easy build but with a I think based off of a preliminary we'd be able to grade and kind of keep that same grading Style with just a single retaining wall so will you be leveling the property because it is sunk said correct be how you gonna do that so what basically what we would do is is that there's not a it's towards the edge of the property where it's sunk um it's right where um if we you look at the property there's a there's a lake that kind of in interjects into the property the idea is not to impact that lake at all um essentially we would start off of that and then build up uh keeping in mind all the retaining wall restrictions of apka the six foot height and all of that um and basically just bring up that the low side and then the the high side we would still keep high and and just kind of slope it down um and for this purpose right now all we're asking for is rezoning to basically allow the the allow the the use of of duplexes so we'll definitely be taking all this into account when we go in then for I realize you have to go back to review for this U and I guess when it goes back for review uh this property is also adjacent to the popup uh firing range correct the police department owns a firing rage right next door and um the police uh commissioner did talk about what what he would like to see with his property and and how um what buffers he would like to see and whatnot and when once we get into the site plan review process that's when we're going to really work with him and and see what we can do to help that that's good so you definitely don't want to buy a lot in there maybe he wants to buy it any more questions of Staff or the applicant yeah I got I got a question Mr okay commissioner doy so to to to to Mr Washington's point I know that that's been a pain point for the police department to be out there I think they're limited to like maybe daytime only firing of guns out there you know doing training which is vitally important in the public safety business so I want to make sure that if we do go forward with this that we make sure that you work with them and um make sure that they can do their job sufficiently because that is a city asset the public sorry the police training range second point I wanted to make was when I kind of looked through the concepts here and it looked like a pretty intensive development is there a provision for more Open Spaces maybe playgrounds because there's really nothing in that part of town for recreation down on sheer Avenue i' I've done I've walked that area quite a bit different times and it's nothing but houses and sidewalks yeah so the the site plan and you know it's still in in development but we are planning on providing amenities and whatnot for the for the residents of the subdivision is it going to mirror the buildings directly to the north because there is a duplex complex I believe directly to the north it's correct correct um it's not the the same owner so we'll we'll keep that in mind as that we're developing the architectural plans but it's not going to be exactly the same good okay any more questions anyone thank you sir thank you anyone here from the public wish to speak on this matter yes ma'am please come up front give us your name and address for the record please good evening my name is Monica Marlo I live at 9:30 lock Carvin uh in a papka uh I actually here on behalf of my company which is Lake pop natural gas and I wanted to ask the developer how many homes are you looking for here so currently we're looking at 40 40 homes and thank you ma'am all right Mr HS I have a question so on nine acres there's 40 houses there and it and it says here in the that the RTF Zone there's compatible the surrounding areas but then I'm looking at the the zoning and the present use is a church a single family subdivision and a church in the apopa services complex is there anything around there that has that high of a density that's adjacent to that um it's describing all these subdivisions that are in the area but what I'm looking at it's a surrounding area the density is nowhere near that uh currently looking at there were the surrounding um properties that have subdivisions that include that zoning um do not have a the to um the to the dwelling units the duplexes but it it'll the zoning allows it but because the there is a the RTF zoning in the surrounding areas currently with that existing zoning someone can if if there's if there's an existing RT um residential two family zoning someone can already build the you know the two family units so that you know this would be no different to rezone it to because the in the surrounding areas there are subdivisions that have the RTF zoning right okay all right and um I assume that public notice was sent out on this yeah there was a notices that were sent out and no reaction nobody showed um that the applicant would know yeah okay Joshy not yes uh we did have host a a community meeting and we had uh three people attend that meeting and then um from there we sent out minutes and then engaged with the public in that respect and then also to answer your question on the the relative density um what the this Z rezoning doesn't change the current existing density that's allowable on the property the only thing that it does is allow for duplexes sure I no I understand that I'm just curious the surrounding areas that wouldn't see that okay thank you all right bring it back to the board for a motion Mr commissioner I still just want to bring something up here a point of discussion for all us commissioner do is just thinking about the the public safety complex right behind there and I is there a way that we could could make a motion that to go forward with the development there has to be an agreement with the popka police department we could but um you ever heard the about the king's rule the king does what he wants yeah yeah that's City ofka who's going to intrude upon that who's going to go tell the police department you can't shoot your guns here anymore you know what I'm saying I understand what your point is but there's I don't think there's G any chance of that happening and I think they're already talking about moving to to use to use this gun range or something like they're definitely going to move what I'm saying in other words they they couldn't build a subdivision there and then everybody start complaining it's not gonna make any difference the city's going to do what the city does and that was a grand that was already there like if you move in next to his water treatment plan you don't like to smell well you it's kind of hard to complain yeah so doesn't stop King rules I hear you I hear you I just don't want to constrain the the police department from being able to do any kind of training that's that's simply it and maybe maybe there is no concern here but as long as no I I don't believe there is am I incorrect in that Mr how no and right now there's existing zoning in place rsf 1B so somebody could come in today and submit a development plan uh and not have to go through the rezoning process and that would be that there'd be houses it's already entitled for single family homes yes sir so' be houses inste ofes less density that's the only change it's really going to be the same density uh because the future l guides the density um so they can't exceed five units an acre it's already got the five units per acre on it so really the change is to just allow duplexes on the property they can't exceed five units an acre very good yeah anything else all right ready for a motion Mr chairman I'll make a motion to find the proposed change of zoning from RF rsf 1B residential single family lot large l to RTF residential 2 family consistent with the comprehensive plan and Land Development code compatible with character of the surrounding areas recommend approval of the proposed change of zoning based on the findings fact presented in the staff report and Exhibits thank you sir motion by commissioner M do I have a second second second by commissioner Ryan all in favor say I I any opposed motion car all righty do we have any old business anyone new business here we go meeting a jour for