►
From YouTube: Apopka Planning Commission Meeting February 8, 2022
Description
Apopka Planning Commission Meeting at City Hall on February 8, 2022 at 5:30 PM. To view the meeting agenda visit: http://www.apopka.net/agenda
#CityofApopkaFL #ApopkaPlanningCommission
A
A
A
A
B
C
There
was
a
item
that
was
advertised
in
the
newspaper,
for
it
was
ordinance
2903
for
the
abandonment
of
the
kelly
park
crossing
development
of
regional
impact.
The
dri
staff
is
withdrawing
that
there's
one
development,
that's
going
to
be
going
through
a
portion
of
their
own
development,
they're,
going
to
withdraw
from
the
dri
themselves
and
after
there's
a
portion
of
the
the
property
on
the
southwest
side
of
429
kelly
park.
That's
going
for
auction
on
march
22nd,
and
so
we
are
going
to
wait
until
after
that.
C
Auction
is
done
and
any
legalities
that
are
done
in
association
with
that
before
we
go
through
the
abandonment
of
the
rest
of
the
dri,
but
just
kind
of
give
you
a
heads
up
that
is
going
to
be
coming
it
and
the
reason
that
we're
doing
this
is
that
the
development
regional
impact
had
a
lot
of
different
constraints
and
different
requirements
that
basically
have
never
ever
been
fulfilled
other
than
the
one
that
the
city
had
to
do,
which
was
getting
the
form
based
code
for
the
kelly
park,
interchange
done,
which
we
obviously
did
and
it's
in
our
land
development
code,
and
that
is
the
main
driver
of
the
developments
that
are
up
there
anyway.
C
A
Okay,
we'll
have
a
public
comment
period
for
any
general
comments
that
anyone
wishes
to
make.
If
you're
here
for
a
particular
item
on
the
agenda,
there
will
be
a
public
hearing
for
that
item
and
it
would
probably
be
best
to
sow
your
comments
for
that.
But
if
you
anyone
wants
to
make
any
comments
or
general
comments
now,
please
come
up,
give
us
your
name
and
address
and
make
the
comments
and
seeing
none
we'll
proceed
with
the
agenda.
D
Good
evening,
members
of
the
commission
ordinance
29
12
is
being
presented
before
you
today
is
the
culmination
of
a
settlement
that
was
conducted
between
the
city
and
the
proprietors
of
nerium
global.
If
you
recall,
this
was
an
item
that
came
before
you
probably
late
last
summer,
for
a
special
exception
use
to
operate
a
tobacco
shop
in
the
mu
district,
an
mud,
zoning
district.
D
If
we
recall
during
that
commission
meeting,
I
think
the
vote
was
just
3-2,
it's
very
contentious
as
to
what
necessarily
was
the
definition.
What
constituted
a
tobacco
product,
the
tobacco-related
product,
the
matter?
D
Well,
the
planning
commission
voted
to
deny
this
sorry
planning
commission
voted
to
approve
the
special
exception,
with
the
condition
that
tobacco
substitute
products
were
not
a
permitted
sale
within
the
the
space.
D
D
The
first
step
is
a
mediation
that's
conducted
between
the
parties
in
order
to
see
if
a
resolution
can
be
made,
parties
mediated
and
actually
came
to
a
settlement,
and
the
settlement
was
that
the
city
was
going
to
present
an
amendment
to
the
land
development
code
to
correct
the
definitions.
Now
the
settlement
is
that
it's
going
to
be
presented
and
the
zoning
has
to
take
its
the
the
legal
measures
to
get
approved.
The
parties
did
not
contract
for
the
amendment.
D
For
the
amendment
to
the
code,
the
the
all
the
amen,
all
the
agreement
said
was
that
the
city
was
going
to
present
an
amendment
and
that's
what's
here
before
you
today.
The
definition
has
been
changed
of
tobacco
shop
to
bring
it
in
line
with
the
state,
statutory
definitions
for
tobacco
tobacco
products
and
the
tobacco
and
what
are
called
nicotine
dispensing
devices
that
are
regulated
by
the
state.
So
now
there
is
no
ambiguity
in
our
code.
D
These
are
the
products
that
fall
under
the
tobacco
shop.
These
definitions
are
going
to
be
consistent
with
the
state,
so
we
won't
run
afoul
of
any
preemption
issues
and
we
believe
that
and
in
the
end
this
will
honor.
The
the
spirit
of
the
settlement
and
also
clarify
for
future
uses,
as
was
presented
to
the
council,
is
then
the
council's
prerogative
if
they
wish
to
change
the
zoning
code
to
restrict
or
further
place
where
these
types
of
uses
could
go.
D
That's
for
the
city
council
to
decide
whether
we
want
to
change
them
or
not
put
them
in
certain
areas,
but
for
now
that
is
going
to
be
the
definition
of
tobacco
shop
and
the
definitions
are
in
line
with
the
state
statute
and
it
will
proceed
forward.
So
this
is
the
the
ordinance
is
being
presented
to
the
planning
commission
for
your
consideration
and
for
your
recommendation
to
the
city
council
that
the
ordinance
is
consistent
with
the
comprehensive
plan.
E
B
D
One
that
was
previously
approved,
so
no
they
would
they
would
the
settlement
as
part
of
it
would
be
that
the
special
exception
would
then
be
consistent
with
the
with
the
new
assumption.
Well,
no,
the
special
session
was
granted.
What
you're
going
to
have
is
it's
approved.
Now
it's
going
to
fall
under
the
new
definitions
that
believe
we
did
agree
that
it
would,
it
would
then
be.
D
The
approval
would
would
take
effect
under
the
new
under
the
new
code
and
they
would
be
able
to
to
sell
both
tobacco
products
to
back
tobacco
tobacco
products
and
then
the
what
is
defined
in
the
under
the
statute
and
the
code
as
the
nicotine
dispensing
devices.
These
would
be
vaping
products.
C
I've
got
a
real,
quick
question:
correction,
the
it
was
listed
as
ordinance
29
12.
It's
actually
2904.
A
F
A
A
Okay.
Our
next
item
is
a
comprehensive
plan.
Small-Scale
future
land
use
amendment
claricona
road
property
from
county
rural
to
city
industrial
owner
is
e
h.
Claircona
applicant
is
andrew
engelmann
care
of
david
smith.
Location
is
east
of
coral
hills,
road
and
west
of
claricona
road,
and
we
have
a
staff
presentation.
G
A
Okay,
then
we'll
close
the
presentations
and
open
the
public
hearing.
Anyone
wish
to
appear
before
the
commission
on
this
item
and
seeing
none
we'll
close
the
public
hearing
bring
it
back
to
the
commission.
What's
your
pleasure.
E
A
Road:
okay:
we
have
a
motion
by
commissioner
lorendo.
Is
there
a
second
I'll
second
by
commissioner
guster?
We
have
a
motion
in
a
second
any
discussion,
then
we'll
vote
all
in
favor,
say
aye
aye,
any
opposed,
say
no,
and
that
carries
unanimously
and
our
next
item
for
that
same
property
is
a
proposed
change
of
zoning
to
from
county
a1
to
city
il,
and
we
have
a
staff
presentation,
good.
G
G
I
No
presentation,
dave
schmidt,
dave,
schmidt
engineering,
12301,
like
underhill
road,
orlando
florida.
We
agree
with
staff's
recommendation
and
want
to
thank
them
for
their
diligent
work
with
us
on
not
only
this
project
but
several
others.
Thank
you
and
we
are
here
to
answer
any
questions
you
might
have.
A
B
Mr
chairman,
I'll
make
a
motion
to
find
the
proposed
endorsement
consistent
with
the
comprehensive
plan
compatible.
The
characters
surrounding
areas
recommend
approval
of
the
proposed
change
of
zoning
from
county
a1
to
light
industrial,
il
for
the
property
owned
by
enh
clericona,
located
on
the
east
of
coral,
road
and
west
of
clericona
road.
A
A
Okay,
our
next
item
is
a
variance
to
allow
retaining
walls
to
exceed
the
maximum
of
six
feet
in
height
in
some
areas
for
the
apopka
city
center
north
project
winn-dixie,
the
owner
is
cppb,
llc
petitioner
is
cpb.
Llc
location
is
east
of
mcgee
avenue,
south
of
monroe
avenue
and
north
of
east
main
street.
G
Drc
recommends
approval,
subject
to
modification
and
condition
that
any
walls
over
six
feet
must
be
poured
in
place.
Segmented
block
walls
less
than
six
feet
may
be
used
with
tie
back
as
approved
by
the
city
engineer
richard
the
city
engineer
is
available
for
technical
questions.
Staff
and
applicant
are
available
for
questions.
I
K
K
C
One
of
the
things
that
when
we
establish
the
six
foot
limit,
is
that
anything
that's
in
in
main
public
view.
That
was
the
main
concern,
so
there's
a
requirement
of
five
foot
in
front
of
that
six
foot
in
order
to
be
able
to
put
landscaping,
so
the
bushes
can
basically
grow
up
three
four
five
feet
and
you
only
see
like
a
little
bit
of
of
a
wall.
So
basically
you
aren't
seeing
wall
upon
wall
upon
wall
up
on
wall.
C
C
C
C
So
it's
like,
I
said
it's
behind
the
building
and
it
is
a
drop
down
from
the
road
and
obviously
they
do
have
rails
on
top
of
those
walls.
So
anybody
that
sees
that
they're
going
to
be
behind
the
building
and
it's
not
in
the
normal
public
view
of
a
street
or
a
house,
or
something
like
that.
So
that's
we're
just
trying
to
avoid
that.
A
lot
of
people
don't
necessarily
like
walls.
Other
people,
don't
care
that.
C
But
again,
that's
why
we
we
did
the
six
foot
limitation
and
that's
why
they're
in
for
their
variance
for
the
justification,
is
that
you
know
there's
a
large
drop
in
the
elevation
from
monroe
down
to
436.
C
So
they
did
do
the
tiers
in
in
this
location
here
and
that's
the
main
tier
location
that
that
was
that
allison
had
described
on
the
slide
there.
So
this
is
this
is
where
I
get
mixed
up,
which
which
which
way
is
which,
but
basically
you
can
see
a
one
tier
here
and
then
another
tier
on
top
of
that,
and
then
they
will
have
an
area
for
landscaping
to
put
in
plants.
They
obviously
can't
show
that
because
then
you
wouldn't
see
the
wall.
C
E
C
Down
they
dig
down
and
then
get
the
plane
out
for
the
the
the
the
flooring
area
for
the
winn-dixie
itself.
E
J
C
C
Eastside,
there's
nothing
over
there
right
now,
there's
a
couple
by
the
name
of
argawal.
That
owns
two
lots.
Next
to
this,
and
again,
this
is
looking
this
way.
They
won't
see
the
wall,
because
the
wall
is
it's
a
drop
coming
down
into
the
site.
B
C
Correct
back
and
back
up
here,
otherwise,
they'd
have
to
they'd,
have
to
fill
it
somehow
or
cut
it
down
somewhere
and
do
a
a
staggered
wall.
I
mean,
if,
if
they
did
three
walls
here,
instead
of
just
two
walls,
they'd
basically
take
up
about
15
20
feet
of
the
property,
from
the
property
line
coming
in
and
of
course
that
affects
the
building
area
that
the
the
outlook
could
you
actually
utilize.
B
L
Please
sure
my
name
is
john
strzelke
from
the
ownership
cppb
20900
northeast
30th
avenue,
suite
307
aventura
florida.
So
a
little
bit
background
on
the
site.
You
know
we've
been
through
three
drc
hearings
and
reviews
on
the
site
and
I
believe,
we're
basically
at
the
at
the
point
of
approvals.
L
This
is
basically
a
53
000
square
foot,
grocery
anchored
shopping
center,
47
000
square
foot,
grocer
and,
as
you
probably
are
aware,
if
you've
seen
the
site,
there's
a
very
substantial
drop-off
from
the
northwest
corner
to
the
southeast
corner,
we're
talking
an
elevation
change
of
about
37
feet
so
117
feet,
which
is
the
bottom
one.
E
C
L
L
We
really
need
to
raise
the
site,
and
one
thing
I
want
to
point
out
specifically
on
the
rear.
There
is
actually
a
six
foot
screen
wall.
That's
part
of
our
plans
as
well.
That's
not
noted,
and
additionally,
we
did
acknowledge
that
you
know
we
will
use
cast
in
place
for
anything
over
six
feet.
I
think
we're
actually
gonna
probably
use
cast
in
place
throughout.
We
did
provide
staff
a
fully
engineered
cross-section
plans
that
really
leave
no
doubt
for
the
contractor.
L
That's
going
to
build
this,
so
we
also
did
provide
cross-sections
for
the
fencing
that
we're
using
we're
planning
on
using,
I
believe,
about
five
foot,
what
they
call
lubiguard
fencing
it's
attractive,
black
fencing,
which
is,
you
know,
cohesive,
with
kind
of
a
class,
a
retail
project,
really
at
the
end
of
the
day.
This
is
something
that
you
know
is
a
great
addition
to
the
citysetter
project.
That's
going
on
on
the
south
side
as
well.
L
On
the
property-
and
you
know,
I
think
it
creates
a
a
pretty
safe
and
cohesive
design.
If
there's
any
specific
questions,
I'm
I'm
more
than
happy
to
to
answer
those.
F
So,
at
the
end
of
the
day,
you
have
the
parking
and
you
have
the
grocery
store.
So
when
folks
park
are
they
kind
of
walking
uphill
to
the
grocery
store.
L
So
from
from
monroe,
it's
basically
going
to
be
a
slight
downhill
decline.
There.
L
Basically,
lowering
the
site
essentially,
but
on
from
coming
up
from
main
street
or
441,
there
is
going
to
be
a
hill
up
there,
but
that's
going
to
be
within
compliance
of
slope
standards.
What
we
were
trying
to
do
was
in
the
main
parking
area,
the
whole
main,
basically,
the
whole
main
parking
area,
we're
trying
to
be
a
below
we're.
I
think
we're
at
about
two
percent
grade
so
or
less
so
that's
kind
of
the
goal
of
that.
Basically,
it
contains
carts
so
carts
don't
roll
away.
Obviously,
meat
meets
and
or
exceeds
ada
requirements
today.
L
F
I
asked
that
question
because
over
at
hunts
club,
where
this
is
not
it's
just
my
experience
over
in
hunts
club
there's
a
publix
over
there
and
some
other
stores,
whatever
there's
a
jersey
mike's
over
there.
But
the
parking
lot
is
sloped
and
you
know
every
time
I
go
over
there.
I
need
motorized
assistance.
E
L
L
Yeah,
so
it's
funny
our
first
version
of
the
plans
actually
then
had
a
little
bit,
like
probably
0.5
degree
of
slope
additional,
which
we
still
would
have
required
somewhat
of
a
variance
here,
but
not
to
the
extent
that
we're
presenting
here,
but
it
was
basically
kind
of
rejected
by
our
ada
consultant
and
then
also
when
dixie
was
like
this
is
at
the
limit,
but
we
don't
want
to
be
there
and
so
yeah.
Basically,
it's
containing
carts
and
obviously
having
accessibility,
that's
good
for
everybody.
L
H
So
when
I
read
this
yes
and
I
read,
the
ada
requirements
must
be
excuse
me,
added
to
the
site,
retain
retaining
walls,
six
feet
in
some
areas
of
the
site,
and
I
thought
to
myself.
Okay.
So
there
are
ways
to
avoid
that
area.
For
people
who
have
you
know
some
ada
complications
in
their
lives
because
a
grocery
store
and
I'm
thinking
a
runaway
wheelchair.
H
So
I
just
I
need
the
assurances
that
if
I
or
anyone
else
that
needs
that
elevation,
if
you
will
we'll,
have
ample
opportunities
to
have
multiple
ingress,
egress.
L
Absolutely
yeah
so
monroe
we,
we
did
add
some
ingress
that
was
recommended
by
staff.
So
there
is,
you
know,
striped
areas
here.
Obviously
we
don't
have
a
ton
of
detail
on
this
particular
site
plan
and
then
coming
from
from
mcgee
there's.
Obviously
everything
on
there's
going
to
be
sidewalks
there.
That's
this!
The
city
center
owner
has
retained
those
two
parcels
there
and
that's
obviously,
gonna
be
retail
development
and
those
are
in
process.
L
So
that's
all
part
of
our
grading
plan
and
so
yeah
there's
going
to
be
basically
three
points
of
ingress
or
more
for
people
that
have
ada
issues.
We
own
a
number
of
shopping,
centers,
grocery
anchored
shopping,
centers
and
things
that
were
developed
in
the
70s
and
the
80s
and
those
are
all
being
brought
to
compliance.
And
so
we
are
very
well
attuned
and
you
know
have
a
lot
of
knowledge
about
bringing
those
to
ada
compliance
currently,
so
you
feel
better
exactly
exactly.
C
By
the
way,
this
the
winn
dixie,
if
you've
ever
seen
a
winn-dixie
like
this
I'd,
be
surprised
because
this
is
a
new
prototype
that
we're
getting
in
our
downtown.
It
took
orlando
about
30
35
years
to
get
a
a
grocery
store
back
in
their
downtown
and
winn-dixie
is
nice
enough
to
come
in.
A
It's
so
good,
okay,
further
questions,
okay,
thank
you
very
much.
Thank
you.
Okay,
we'll
close
the
presentations
and
open
it
up
at
the
public
hearing.
Anyone
wish
to
appear
before
the
commission
on
this
item
and
seeing
none
we'll
close.
The
public
hearing
bring
it
back
to
the
commission.
What's
your.
A
C
Chair
this
is,
with
the
caveat
that
the
anything
over
six
feet
has
to
be
poured
in
place
as
presented.
A
B
J
A
Okay.
Our
next
item
is
a
variance
to
allow
a
maximum
building
for
property.
Zoned
cc
community
commercial
district
of
75
feet
in
lieu
of
35
feet.
The
owner
is
hca
development,
hch
development
llc,
the
applicant
is
bee.
Climbing
eek
care
of
steve
carnes
location
is
the
northeast
corner
of
the
intersection
of
claire
corner
road
and
state
road
414,
and
we
have
a
staff
presentation.
N
The
applicant
is
requesting
a
variance
from
land
development
code,
section,
3.4.4
c
maximum
building
height
to
allow
a
maximum
allowable
height
of
75
feet
in
the
cc
zoning
district
in
lieu
of
the
required
35
feet,
35
foot
maximum
to
allow
for
a
truck
climbing.
Oh
I'm,
sorry
for
a
rock
climbing
facility.
The
variance
process
includes
two-step.
The
first
step
is
that
the
planning
commission
makes
an
initial
determination
of
the
section
noted
in
your
staff
report
as
outlined
there,
and
then
the
second
step
is
to
make
a
positive
finding.
N
That
applicant
demonstrates
there's
competent,
substantial
evidence
in
the
record
on
each
of
the
nine
items,
as
listed
in
the
staff
report
as
well,
based
on
the
character
of
the
area
and
the
elevation
of
state
world
414.
The
applicant
asserts
that
rock
climbing
facility,
as
shown
in
the
proposed
renderings,
will
not
be
as
obtrusive
from
the
perspective
while
traveling
on
4
14.
N
N
development
review
committee
has
no
objection
to
the
applicant's
request
and
per
the
land
development
code
section.
The
planning
commission
decision
shall
be
one
of
the
following
approve.
The
variance
approval
of
the
variant
subject
to
modification
or
condition
or
denial
of
the
variance
staff
and
applicant
are
available
for
questions.
A
Okay-
and
one
thing
I
should
have
done
up
front-
is
to
advise
that
this
is
a
quasi-judicial
item
and
if
anyone
requests
effective
party
status
for
this
item,
if
you
would
let
us
know
and
seeing
none,
I
would
again
ask
the
commissioners
if
anyone
has
had
ex
parte
communication
on
this
item.
No,
no
okay,
then
any
questions
of
staff.
J
N
The
applicant
has
an
explanation
for
their
hardship,
so
I'll
invite
them
to
go
ahead
and
answer
that
question.
A
Okay,
if
as
the
applicant,
if
you
would
give
us
your
name
and
address
for
the
record,
please.
O
Hi,
I'm
stephen
carms
address
633
gainesway
winter
park,
florida.
Three,
two,
seven,
eight
nine
stephen
go
and
bring
the
mic
up
there,
I'm
a
little
taller
than
g
nancy,
stephen
carnes,
633
gainesway
winter
park,
florida.
Three,
two,
seven,
eight,
nine.
O
Yeah
regarding
the
hardship
to
be
able
to
host
regional,
national
and
international
events
in
rock
climbing
for
two
of
the
three
climbing
disciplines,
which
would
be
sport
and
speed.
The
height
requirement
is
necessary,
otherwise
the
project
would
not
be
viable
speed.
Climbing
is
15
meters,
which
is
49
feet
and
you
have
to
have
a
little
height
above
what
the
top
hole
is
as
well.
O
Other
climbing
gyms
in
the
area
you've
got
project
rock
down
in
oakland
florida,
which
is
60
feet.
You've
got
stone
summit
in
atlanta,
which
is
60
feet
and
project
rock
is
actually
currently
under
construction
up
in
easley
south
carolina
with
facility.
That's
going
to
have
85
foot
walls.
So
that's
the
reason.
O
Asking
for
the
for
the
variants,
because
otherwise
the
project
just
would
not
be
a
viable
project.
E
J
C
Well,
it's
a
variance
because
it's
a
it's
a
measurable
type
of
thing:
it
goes
from
35
to
75
feet
and
one
of
the
things
I
need
to
point
out.
Real
quick
is
the
the
the
main
building
itself.
That's
closest
to
the
agricultural
property
on
the
north
side,
actually
is
35
feet
and
they,
if
you
were
to
utilize
our
step
back
requirements
for,
say
our
kelly
park,
interchange
for
anything
over
three
stories
has
to
be
stepped
back
ten
feet
and
then
every
ten
every
story
you
have
to
step
back.
C
So
actually
this
because
of
the
distance
involved
from
the
north
property
line
to
where
the
75
foot
part
is.
Actually
you
could
go
up
to
85
feet
if
you
utilize
that
scenario,
so
the
hardship
is
it's
primarily,
you
can't
be.
This
type
of
use
can't
be
competitive
with
any
other
type
of
view,
any
type
of
other
location.
Unless
you
have
that
extra
fee,
that's
that's
built
into
it
and
the
way
they
designed
their
building
was
to
minimize
the
major
impact
to
any
other
properties
other
than
the
420
or
414..
J
J
C
It
it
it
is
75
feet
and
they
did
try
to
minimize
the
amount
of
effect
on
the
properties
to
the
north
because
of
that
and
actually
for
the
road
roadway
itself.
Well,
how.
O
J
O
C
This
this
will
put
our
camp.
We
wall
to
shame.
If
you've
been
up
to
camp
weave
off
with
the
climbing
wall
that
that
we
used
to
have
out
there
right,
we
still
haven't
still
there
yeah.
A
P
We
have
no
objection
to
the
request.
We
don't
really
have.
We
don't
really
recommend
on
variances
right.
We
just
don't
have
any
objections.
Okay,.
B
I
have
a
question
for
staff.
Okay,
what
is
the
definition
of
the
hardship.
B
B
N
Don't
think
we've
outlined
it
in
the
code.
I
think
what
we've
judged
it
on
is
that
something
that
is
peculiar
to
the
property.
One
of
the
things
about
this
property
in
particular,
is
that
this
is
one
of
if
you
can
look
north
and
east
and
west
of
the
properties
are
all
ag,
and
you
know,
recreational
indoor
facilities
are
outright
permitted,
they're
permitted
by
right
in
a
cc
commercial
district,
and
this
would
be
an
indoor
commercial
except
for
the
height
issue
and
there's
also
a
big
karst
feature
right
on
the
southeast
corner.
There.
C
That's
kind
of
self-limiting
in
terms
of
what
you
can't
use
the
whole
property
for
what
you
may
want
to
want
to
be
able
to
use
it
for,
but
gene's
right,
there's
not
an
exact
definition,
because
every
variance
that
comes
through
is
a
little
bit
different.
So
if
you
granted
an
approval,
for
this
does
not
mean
that
the
next
one
that
comes
through
you'd
have
to
you,
you'd
have
to
grant
the
the
same
type
of
approval
if
they
had
the
exact
same
circumstances
where
it's
a
it's.
C
C
N
D
This
this
is
not
a
state
matter
the
there,
while
the
definite,
while
the
hardship
is
not
defined.
What
the
code
requires
you
to
find
in
order
to
determine
whether
or
not
a
variance
is
to
be
granted
is
under
the
first
section,
which
is,
there
are
practical
difficulties
in
carrying
out
the
strict
letter
of
the
relevant
requirements
of
the
ldc,
in
that
the
requested
variance
relates
to
a
hardship
due
to
character
characteristics
of
the
land
and
not
solely
the
needs
of
the
land
owner.
So
you
have
to
make
a
determination.
D
So
the
owner
has
the
onus
to
present
to
the
to
the
commission
that
this
is
the
hardship
that
is
caused
by
the
characteristics
of
the
land,
which
makes
it
impossible
for
me
to
develop
to
the
letter
of
the
law,
which,
in
this
case,
would
be
a
35
foot,
building
height.
B
D
What
you're,
what
you
are
to
consider
is
the
code
required.
The
code
has
certain
requirements
in
this
case
the
issue
that
they're
looking
for
a
variance
which
from
is
the
building
height.
So
then
you
would
have
to
examine.
Are
there
physical
characteristics
to
the
land
that
make
it
impossible
for
this
property
owner
to
to
perform
his
use,
subject
to
the
requirements
and
the
restrictions
of
the
code?
A
J
H
C
H
E
C
Always
look
at
the
surrounding
area
and
the
circumstances
of
the
property
and
the
use
itself
too.
That's
why
you
know
I
mentioned.
B
Well,
that's
exactly
what
I
I'm
sitting
here,
trying
to
get
my
head
wrapped
around
this
and
okay.
So
the
the
hardship
thing
is
kind
of
and
again
I
may
be
oversimplifying,
but
it's
almost
an
impossibility.
Unless
you
said
well,
my
property
is
you
know
it's
got
a
hump
in
the
middle
of
it,
that's
35
feet
and
that's
why
I'm.
E
B
So
it's
the
dirt's
fault,
the
piece
of
property
I
bought,
and
that's
that
that's
kind
of
that's
going
to
be
a
circumstance.
It'll
never
happen
with
the
variance
when
somebody
wants
to
build
their
pool
deck
more
than
closer
than
10
feet
to
their
property
line.
What
do
they
say?
Well,
my
property's
too
narrow.
That's
you
know.
So
I
don't.
I
really
don't
have
a
grasp
on
that.
It's
too
much
it's,
it
seems
vague.
K
B
B
A
sinkhole
in
the
middle
of
their
property
like
she
said
because
the
land,
if
it's
a
character
or
the
land,
has
to
define
the
hardship.
That's
impossibility.
I
don't
see
where
that
I'd
like
to
know
an
example
where
the
land
actually
caused
the
hardship.
The
hardship
is
caused
by
the
rules,
regulations,
the
surrounding
property
or
what
the
person
want
to
use
their
property
for
so
it
just.
It
frustrates
me
that
we
always
say
well:
okay,
what's
the
hardship,
because
there's
no
there's
nothing
about
the
land
that
causes
a
hardship?
No,
the
hardship
is.
B
He
wants
to
build
something
reasonable
and
say
it
doesn't
have
any
effect
on
the
people
around
us
and
the
only
place
you'll
see
it
is
a
414
or
whatever.
Okay.
Well,
then,
that's
a
decision
that
we
need
to
make
just
based
on
that
information
alone
and
not
have
to
sit
down
and
dwell
down
and
go
well.
We
have
to
find
pinpoint
a
hardship,
the
hardship
is,
he
owns
a
piece
of
property,
he
wants
to
build
a
building
and
he
can
that's
a
hardship,
simple
enough.
Yeah.
B
Simply
to
look
at
it
and
go:
does
it
make
sense?
Does
it
hurt
anybody
next
door?
The
example
I
used
was
somebody
building
their
pool
they're
closer
than
10
feet
to
their
property
line.
Do
the
neighbors
care?
No!
Was
there
a
fence
in
between
and
nobody
cares
fine
there's
your
variance
well,
that
the
same
situation
is
there.
Anybody
did
somebody
come
here
and
say
that
no,
we
don't
want
the
big
75
foot
building
here.
There's
no
houses
next
to
it.
So
I
just
don't
see
that
I
don't.
I
E
C
Area,
yeah
staff
will
have
to
look
at
this
and,
along
with
the
city
attorney
to
see.
I
agree
because
we've
had
this
discussion
before
regarding
the
hardship
and
you
know
dealing
with
the
land
we
might
have
to
retool.
Some
of
this
thought
process
on
that.
A
A
J
Yeah,
I
just
have
a
problem
with
the
heights
restriction.
How
can
you
enforce
a
highest
restriction
if
somebody
can
come
in
there
and
say
I
want
a
building,
that's
higher
in
this,
because
that's
my
business
yeah,
it
really
means
the
height
restriction
means
nothing.
Now
that's
the
problem.
I
have
no.
B
We're
not
setting
a
precedent.
Oh
I
know
that,
but
the
height
restriction
is,
if
I
have
a
one-story
house
and
and
up
and
three
doors
or
30
feet
away,
somebody
wants
to
build
a
10-story
building
yeah.
I
got
a
huge
problem
with
that
and
that
that's,
I
think,
that's
the
point
of
the
heights
restrictions.
E
E
B
B
It's
frustrating
because
I
don't
know
well,
it's
a.
We
want
a
reasonable
application
of
that
that
rule
and
it
it's
it's
a
blanket
rule.
Okay
and
there's
a
situation
to
where
that
okay.
Well,
we
can
maybe
make
an
exception
this
time.
Well,
it
doesn't
mean
that
we
make
an
exception
every
time
and
it
doesn't
give
anybody
else
card
blocks
to
build
whatever
they
want
right.
B
H
A
A
It
doesn't
glitch.
Okay.
Our
next
item
is
a
special
exception
to
allow
a
place
of
worship
in
the
residential
single
family
district
large
lot,
rsf-1b
zoning
district
for
property
located
at
50,
1567,
palumbo,
sorrento
road,
the
owner
of
directions
fellowship
inc.
The
applicant
is
peter
a
brunton
director's
fellowship
inc.
The
location
is
1567,
plymouth,
sorrento
road,
and
this
too
is
a
quasi-judicial
item.
So
I
would
ask
if
anyone
requests
affected
party
status
on
this
item
and
seeing
none.
I
would
ask
commissioners
if
anyone
has
had
x
party
communication
on
this
item.
M
Evening,
planet,
commissioners,
phil
martinez,
planner,
two
with
the
city's
planning
division.
The
applicant
is
proposing
a
special
exception
for
a
place
of
worship
at
1567,
plymouth,
toronto
road,
the
subject
property
is
highlighted
in
yellow
and
located
east
of
plymouth,
sorrento
road
and
south
of
shopkey
road
single-family
homes
and
agricultural
properties
are
within
the
vicinity.
M
M
M
The
development
review
review
committee
recommends
approval
of
the
special
exception
and
the
recommended
motion
for
this
evening
is
to
approve
a
special
exception
to
allow
a
place
of
worship
in
the
residential
single-family
large
lot:
district
rsf-1b
zoning
district
for
property
located
at
1567
plymouth,
sorrento
road.
This
concludes
my
presentation
and
the
applicant,
and
I
are
happy
to
address
any
questions
that
you
may
have.
A
F
Mr
chairman,
I
make
a
motion
to
approve
the
special
exception
to
allow
a
place
of
worship
in
the
residential
single
family.
Large
lot
district
rsf-1b
zoning
district
for
pro
property
located
at
1567,
plymouth,
rental
road
here.
A
A
M
M
M
M
The
development
review
committee
recommends
approval
of
the
oakview
major
development
plan,
and
the
recommended
motion
for
this
evening
is
to
find
the
oakview
major
development
plan
consistent
with
the
comprehensive
plan
and
land
development
code
and
recommend
approval
of
the
major
development
plan
based
on
the
findings
and
facts
presented
in
the
staff
report
and
exhibits.
This
concludes
my
presentation
and
the
applicant,
and
I
would
be
happy
to
address
any
questions
that
you
may
have.
M
J
J
Because
that
that's
a
bad
intersection-
and
that
needs
to
be
something
needs
to
be
done
to
that
intersection-
the
need
for
turns
and
turn
lanes
in
there
it's
in
bad
shape
and
building
this
complex
is
gonna.
Are
these
houses
are
gonna
increase
the?
I
know
you
did
a
traffic
study,
but
did
they
take
that
and
count
the
intersection
there
or
just
city
property.
C
There
we
go
pam
richmond,
who
is
our
transportation
coordinator?
She
takes
into
account
any
different
types
of
improvements
and
requirements,
and
they
do
have
transportation
impact
fees
that
can
go
towards
that.
However,
because
it's
an
orange
county
intersection,
we
don't
have
any
control
over
that.
We
can
make
our
recommendations
to
orange
county,
but
in
in
the
long
run
we
can't
do
anything
until
orange
county
says
yes
to
doing
anything
at
that.
C
At
that
stage,
however,
we
can
control
the
entrance
in
features
for
the
right
hand,
turn
lane
and
the
left
hand
turn
lane
coming
into
the
project
itself,
and
then
this
is
also
going
to
be
part
of
some
of
the
improvements
we're
going
to
be
we're
actually
in
the
process
of
extending
our
water
and
sewer
lines,
all
the
way
to
round
lake.
So
it's
it.
C
J
C
We're
continually
proactive,
that's
why
we
have
transportation
studies
that
that
take
into
account
the
accumulative
effect
of
the
on
the
roads
at
once
at
a
particular
stage,
and
I
couldn't
tell
you,
you
know
how
many
units
it
would
take
and
how
many,
how
much,
how
many
trips
from
each
of
the
transportation
issues
that
come
up
for
each
of
the
different
developments
will
be
at
that
stage
when
that
will,
when
those
improvements
would
have
to
take
effect.
But
that's
something
that
that
pam
takes
into
account
for
each
of
these
projects
and.
C
She's
not
here,
but
she
couldn't
tell
you
that
either
because
each
each
time
we
do
a
transportation
study,
they
tell
her
the
effects
on
the
roadway
itself,
the
roadway
system,
and
it
hasn't
gone
to
that.
If
that
that
timeline,
where
a
traffic
signal
or
a
any
other
turn
lanes
or
anything,
are,
are
required
at
that
at
that
particular
intersection,
which
is
quite
a
ways
going
to
the
west.
I.
E
C
C
C
J
C
C
Yeah
rogers
road
was
done
in
that
last
development
on
the
northeast
corner.
I
don't
remember
what
it's
what
that
one's
called
that
was
done
just
when
I
got
back
here
about
five
years,
five,
five
and
a
half
years
ago,
and
that
was
one
of
my
my
questions
because
I
I
took
a
drive
out
on
that
also,
and
it
was
horrendous.
I
thought.
Where
am
I
going?
J
J
C
Yep
and
the
back
entrance
for
emergency
purposes
for
the
other
subdivision
in
the
northwest,
so
yeah
it
she
she
does
have.
I
believe
there
is
a
program,
that's
that
they're
looking
at
for
fixing
rogers
road.
J
J
Talking
that
developer
had
a
problem
with
with
diamond
drive,
you
know
downwind
driving.
C
I
know
exactly
about
dominant
drive
and
that
that
got
actually
solved
about
three
months
before
everybody
started
whining
and
whining
and
complaining
about
it.
We
actually
already
nixed
it
out
of
the
pro
out
of
that
development
and
everybody
kept
talking
about
it,
but
we
weren't
affecting
it
at
all
and
we
were
not
going
to
connect
to
it.
The
developer
agreed
not
to
connect
to
it,
but
it
kept
getting
brought
up.
Yeah.
C
J
J
C
There's
there's
a
lot
of
it
that
will
be,
but
the
kelly
park
will
be
going
to
a
four-lane
road
eventually
and
that's
when
that
will
get
fixed.
C
Golden
gem
is
part
of
another
development
that
there's
there's
202
acres,
part
of
the
dri
that's
being
sold.
They
will
be
improving
golden
gem
road.
C
It's
they.
They
border
it
along
about
about
a
little
over
a
third
of
that
road
yeah,
but.
C
Pave
it
all
the
way
to
to
poncan
either.
A
Okay,
further
questions
of
staff
and
the
applicant
is
just
available
for
questions.
Or
do
you
have
a
presentation?
Okay,
any
questions
of
the
applicant
okay,
thank
you.
We
will
close
the
presentations
open,
the
public
hearing.
Anyone
wish
to
appear
before
the
commission
on
this
item
and
seeing
none
we'll
close.
The
public
hearing
bring
it
back
to
the
commission.
What's
your
pleasure.
B
F
A
Q
Good
evening
mr
chairman
and
commissioners
bobby
howell
planning
manager
subject,
property
is
located
southwest
of
u.s,
441
and
west
of
the
apopka
airport.
It
is
the
site
of
the
rubric
pod.
You've
also
seen
this
before.
As
the
apocalypse
429
major
development
plan
that
came
through
here
last
summer,
major
development
pendleton
details
the
development
of
infrastructure
servicing
three
warehouse
buildings,
totaling
two
million
five
hundred
one
thousand
two
hundred
square
feet
on
243.44
acres
buildings
will
be
accessed
via
apopka
logistics.
Parkway
per
the
comprehensive
plan,
20
of
the
parking
spaces
will
be
constructed
of
pervious
materials.
Q
A
A
H
A
A
Our
next
item
is
a
major
development
plan.
Magnolia
terrace
owners
are
marion
wade,
harper
life
estate,
kathleen
harper
life
estate,
harold
wayne,
thomas
melody,
lynn,
thomas
mary,
kathleen,
hopper
douglas
matthews,
trust,
anita,
matthews
trust.
George,
a
thomas
sandra
k,
thomas
venus,
stapler,
gail,
marie
stapler,
kenneth,
w
davidson
and
natalie
w
davidson
applicant
is
appian.
Engineering,
llc
location
is
east
of
south
benion,
road
and
south
of
willett
avenue,
and
we.
Q
Have
a
staff
presentation?
Thank
you
bobby
howell
planning
manager
once
again
for
the
record.
The
major
development
plan
submitted
requests
to
approval
for
a
300
unit,
residential
subdivision,
consisting
of
124
single-family
detached
units
and
176
townhome
units
developed
in
two
phases:
properties
located
south
of
benion,
road
and
south
of
william
avenue,
and
approximately
95.09
acres
in
size
and
zone
pod
via
an
approved
pod
master
plan
approved
by
the
city
council
on
december
15.
2021..
Q
Q
Minimum
living
area
of
1800
square
feet
is
provided
for
the
single
family
homes
and
300
square
feet
for
the
town
homes,
which
is
consistent
with
the
master
plan.
Access
to
the
site
is
proposed
by
a
full
access
on
binyon
road
right
left
turn
lanes
are
provided,
leading
into
the
site
on
binyan
road
as
well.
Internal
streets
are
dedicated
to
the
public.