Planning Commission - Regular Meeting

e e welome feary 11 to the flag the United States of America and to the rep for it stands one nation God indivisible andice for all first order of business is we'd like to welcome a new Planning and Zoning commissioner Mr David Woods pleasure to have you sir thank you for helping during the meeting tonight each agenda item will have a section for public comment if there is something that's on the agenda that you wish to

speak about you will be given an opportunity during each item if you have anything that is Planning and Zoning related to speak about now would be the time to be recognized seeing none we'll move on item number one meeting minutes from January 14 2025 does anyone have any changes or additions Mr chairman I make a motion that we accept the meeting minutes very well thank you sir motion by commissioner M do I have a second I'll second second by commissioner Norwood all in favor say I I I any opposed Carri all right public hearing number one ordinance 3093 resoning kpi master plan Chandler Hills owners Orchid estate HOA Community Mega gng LLC Jacob Snavely 4625 Chandler Road LLC Matthew and deborra Daphne Martin Walter H Robinson III Yun sukum irrevocable trust and pm- s1c applicant is Jonathan Hues location 2350 West Kelly Park Road the Chandler Hills project this is a quasi judicial item I have to ask if any members of the board had any expar communication on this matter no very well Mr how thank than you good evening Bobby how planning manager for the record the applicant is requesting a rezoning of a 117.1 16 acre parcel property from County A1 County A2 City transitional and rsf 1A to kpi mixed use with a neighborhood character overlay Zone to develop a subdivision consisting of 392 single family units subject to the requirements of Kelly

Park interchange form based code property is located on the south side of West Cali Park Road spe specifically 2350 West Kelly Park Road the vicinity and the aerial photographs are on the screen uh you may recall that this property to the West is the if the thing will work the one to the West you'll just have to take my word for it there you go if you can see the blinker right there it was the INB homes property that was here last month and the major development plan was recently approved by the city council property is located within the one mile radius from the State Road 429 Kelly Park Road interchange so it's within the Kelly Park form based code area if a site or a portion of any site is within the one M radius the entire site is subject to the form-based standards contained within the Kelly Park form based code in accordance with the requirements of the form based code the owner has submitted a master plan in conjunction with the resoning application detailing the development of the property the master plan proposes development of property with a total of 392 single family units at a density of 3.38 dwelling units an acre the neighborhood character Zone permits a maximum of units per acre so they're with under that threshold the design consists of front loaded and rear loaded Lots lot lists range from 34 feet to 60 ft in width there are no minimum and maximum lot size and living area requirements in the form based code area and within the form based code itself access to the site is proposed via Kelly Park Road a dedication of a 30-ft wide strip for future rideway needs for Kelly Park Road is detailed on the master plan within the strip a 12T wide bicycle trail will be constructed by the developer to help facilitate the construction of the Regional Trail system that is proposed within the Kelly Park form based code area and part of it if you go out there you can see it's actually there as well so they're helping construct the Regional Trail system out there with that dedication roadway and pedestrian connections will be provided to allow cross access to the properties to the West and East at such

time they develop uh interconnectivity is one of the driving factors within the form based code area in accordance with the requirements of the form based code 20% of the total site areas requ to remain as open space the plan proposes to preserve 32.598737 ACC onto the Chandler Road rideway which is right in this area here the trail is proposed to be constructed here along Kelly Park Road Orange County Public Schools has indicated capacity is not available at the high school level and is deficient by 20.8 eight1 seats uh it is zoned for a papa High the development Review Committee recommends approval the recommended motion this evening is approval uh myself and applicant is here and they have a brief presentation as well thank you Mr House anyone have questions of staff commissioner M Chandler wrote you had your pointer there does it terminate there at that entrance or is it continue down across the bottom Chandler Road is private property currently it's like a dirt road and so they own a portion of it and then they'll have like the 50 Foot strip so they'll have oh I'm sorry because if you if you go if you continue to go to the right of that um map um there's a piece of property right there just right in there um how did those people get in there I think it's like an access eement but the applicant could could answer that question and and then my other question

is because I'm looking at one of the maps I'm looking at this map um at the very bottom where the red is there's a piece that comes across and then a little um sliver that goes up and down and I'm sitting there going you know development development development development how does the people access that property as well I'm not suggesting that a road can't be built or you know one you know put in but I didn't know if they have access to that at this point right they might have easements to get back there um that' be an appropriate question for the applicant to answer okay right anyone else have question of Staff very well thank you Mr how the applicant uh good evening chairman and fellow Commissioners my name is Jonathan Hues I'm with the louns law firm 215 North Yola Drive Orlando 32801 um Bobby did a great job of introducing the project much of what was in my presentation here is it would be uh duplicate his efforts but to to your question commissioner mock that property at issue and if this is insequential Maybe go back to this um the top on is a laser yeah so right now Chandler Road is a it's a private road it's substandard but it's it does act as an access point for many of the parcels that are part of this project and as well as the uh parcel in question that you were bringing up there as this project is not gonna uh change that access at all within its scope it is providing legal rights for the future improvements of Chandler when not only in order for it to be improved in the future it not only needs what we're conveying to the city but some

additional con uh dedications closer to Kelly Park Road which we don't control at that time then perhaps the city could look to improve it and make it a public right of way those private access rights that that property is utilized now would be replaced by a a public dedication a public right of way for Access but the long story short is that the access that's there today is not going to be changed through this project as a placeholder thanks yeah does anyone else have questions all right thank you sir thank you Mr hes 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 estate thank you to kpi Kelly Park exchange mixed use find the proposed amendment consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas 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 by commissioner Woods is it wood or Woods

plural okay Woods thank you sir all in favor say I I any opposed motion carries item number two legislative ordinance number 3095 small scale future land use Amendment Advent held owners Advent Health System Sun Bel Inc applicants Kimberly Hornet associat care of Jonathan milch location Southeast corner of Kelly Park Road and Plymouth sarento Road Mr Sanchez good evening Gan Sanchez with the Community Development Department excuse me this is a request to recommend approval of the future land use Amendment for the Advent Health properties from residential very low Suburban to mixt use the properties are located on the Southeast corner of Kelly Park Road and Plymouth rental Road approximately 5.56 acres in size the applicant seeks the approval for small scale future land use Amendment application to designate this site from residential Vero Suburban to mixed use future land use they are located on the Southeast corner of Kelly Park imp cental roads and within the Kelly Park I'm sorry within the Waka Parkway interchange vision plan area the city's comprehensive plan future land use element policy 20.9 as well as the Kelly Park interchange form based code require that the subject properties have a mixed use future land use designation before development the DRC recommends approval the recommended motion is to find the proposed amendment consistent with the comprehensive plan and Land Development code and compatible with the surrounding area so the recommended motion is to recommend approval of the change in future land use staff and applicant are

available for questions thank you m Sanchez then we have questions of Staff very well do the applicant do they have presentation or just here to answer questions there's no presentation he's available does anyone have question to the applicant very well 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 motion Mr chairman I can create the motion you I think this is a great thing for the U all the homes going in that area to have a health provider up there and I know Orlando Health is going to come in at some point a little further north so I'm proud to recommend approval of the future land use Amendment from the residential very low Suburban to mixed use finding the proposed change consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas based on the findings and fit facts present presented in the staff reports and Exhibits thank you sir motion by commissioner dumi do I have a second second second by commissioner M all in favor say I I any opposed motion carries item three ordinance number 3096 change of zoning Advent Health Ed owners Advent Health Systems Sun Bel in applicants Kimberly horn association's care of no Nathan milch location Southeast corner of Kelly Park Road in Plymouth Ceno Road Miss Sanchez for the record Jean Sanchez with the Community Development Department this is the companion item to the preceding future land use Amendment a request to recommend approval of the change of zoning from T transition to kpi Mu Kelly Park interchange mixed use assignment of

Village Center District overlay as well as approval the master plan for Advent Health Ed the applicant seeks approval for the rezoning as well as the master plan detailing a conceptual plan for an off-site emergency department alongside medical office space and Retail uses an approximately 5.56 acres in size the applicant also sets aside 10% of the area as open space for Plaza 228 off street parking spaces as well as 30 foot rideway dedications and 12ft wide trails along both rideway front thees both kley Park and pmus Rental Road the master plan also shows approximate access points on Kelly Park Road and pmus Rental Road and connections on the Eastern and Southern adjacent properties of course find details of the site layouts and access points will be provided at the time of major development plan and construction site plan reviews the DRC recommends approval the recommended motion is to recommend approval of the proposed change of zoning assignment of the Village Center District overlay and master plan staff and applicant are available for questions thank you Miss Sanchez um this is quasa judicial has anyone on the board had exp parte communication on this matter no very well does anyone have questions of Staff very well questions of the applicant is anyone from the public here wish to speak on this matter seeing none we'll bring it back to the board for a motion and a second Mr chairman I find the proposed um change of zoning from T transitional to kpi Mu Kelly Park interchange mix use to kpi Mu Kelly Park interchange mix use and assignment of the Village Center District overlay and master plan finding

the proposed change consistent with the comprehensive plan and Land Development code and compatible with the character of the surrounding areas based on the findings and facts presented in the staff reports and Exhibits thank you sir motion by commissioner M do I have a second a second second by commissioner Norwood all in favor say I I any opposed motion Carri all right site plans number one is the shops at East Shore plat owners Shop City Shore LLC applicant Jeremy d h PSM location northeast corner of okoi Apopka Road and Kean Road Miss Sanchez Jean Sanchez with the Community Development Department this is a request to recommend approval of the shops at eastshore plat the subject property is situated on the northeast corner of AO ofka Road and Keane Road approximately 27.9 acres in size the applicant has submitted the plat to create six lots a storm water tract and 30 foot ride ofwe track lot one is intended for an age restricted multif family development and lot five is slated as the anchor grosser plat is consistent with the shops at eore major development plan approved by the city council on March 1st 2023 as well as the shops at eore multif Family construction site plan and the shops at eshore Phase 1 Construction site plan approved by the development Review Committee on November 6 2023 and August 6 2024 respectively the DRC committee also approved the latest CSP on June 15 2023 the DRC recommends approval the recommended motion is to recommend approval of the shops at eore plant

staff and applicant are available for questions okay can you go back to the the plot real quick sure where is the the is there a single to this or do I see there's multiple there's uh Ingress ESS here onka there are a couple and there's one here on key is there one further back or is that just the the back uh so there's one back here is their storm water Pond I got you okay all right thank you anyone have questions of Staff yeah I have a questions commissioner M do me excuse yeah so one one thing we talked about with this one last time was the enhanced buffering behind the grocery store along that wall is that still retained in there I don't see it on the map yes this is just the plant so it's dividing the property um that was part of the construction site plan still that's still planning to go right correct okay good thank you all right commissioner Woods yes um I'm looking at the storm water runoff and I see that they have a uh try retention Pond and the Overflow is to go into Lake Rutherford um has the owners and there's two owners of that lake has both owners been uh contacted I know that one of the owners the ladden family um the property owners for them they were they had conversations with the engineer of record um let me just because I actually oh here I I have I'll have the applicant up here to speak for the other parcel good evening during Marvin and I'm the director of planning entitlements with wmg development we're the owner of the property so historical flow where water has historically gone

that water must be maintained at that same flow and that rate and so all of our water management permit District Water Management District permits are already in place and so um at the that time they would have looked at what that historic flow was so you don't get direct uh permission from someone because they happen to own that lake so what you're telling me that anyone can do anything they want from a construction perspective no sir that's not what I said at all what I said is that when there is historic water flow what the law says is that that water cannot change no more no less has to be maintained but if you look at the topographic of that uh property now it slopes towards the kopka King Road with from and I'm no engineer you guys are from what I understand is that you're raising to make it a level and that all the water will now flow towards get my directions right here the north side where your retention Pond is my concern is um I live in Emerson Park which we own most of the on there um Lake Rutherford is already at flood level and it's Jan it's February um my and it's my understanding that it would be a 100e storm before it would come out of the dry retention Pond into Lake Rutherford am I correct that's how the design works well for clarity I am also not a civil engineer I'm an urban planner Okay so we have been having every year somewhere a 100-year storm I mean if you look at the amount of water was dumped in this area last year through the Hurricanes my concern is number one the

owner was never notified now now you did notify the other owner but you never notified the uh owner of most of the pond of which action sir what is it you're saying we did not notify someone of no one from Emerson Park on the board of directors who had ever contacted about the diversion of water from the retention porn into Lake weord okay so what I what I will say to you this evening is that the action before you is a subdivision plot to divide the property into Lots we have all of our permits from St John's river water mement district from the city of aapka and from Orange County and if there's a question in detail that you dispute any of those permits I think that is separate and apart from tonight's action oh I I'm not against the uh the project my only concern because you know if you take a look before the um commission the uh city council the Clear Lake State uh problem they had was the same type of uh thing where one set one Builder was dumping water into somebody else's Pond and they were never notified it was going to happen so my concern here is just to understand for Emerson Park how is this water runoff going to affect us um in the future but you guys are about three years too late in opening to public you know we you know we're looking forward but how do we find that out yeah so a couple of things and I do want to explain that we have been in this process for many years with city of aapka um I personally attended a meeting with the board of the HOA perhaps you were not on the board at that time you know that was the representatives that I recall I do recall woman named Jennifer okay Jen and uh had a meeting before we even started

the process of rezoning because there were a lot of questions from the neighborhood we you know provided that opportunity this was back in probably 2021 when we weren't doing a lot of things in person so I do recall it being by Zoom um and so they have been notified of every action that has occurred if there's a question that you have about how the engineering was approved and you have an engineer that represents your HOA perhaps they can speak to the Water Management District okay thank you so much okay all right any more questions of the app thank you man' does anyone here 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 can create the motion uh to recommend approval of the shops at East Shore PL thank you sir motion by commissioner doomy to have a second second by commissioner Woods all in favor say I I any opposed motion carries all right do we have any old business any new business very well meeting adjourned