City of Ocoee Planning & Zoning Commission — June 9, 2026

Meeting Overview

Type: Regular Meeting (acting as Local Planning Agency) Quorum: Yes (4 of 5 members plus Alternate) Duration: 50 minutes (called 6:15 PM, adjourned 7:05 PM)

Attendance

• Present: Vice-Chair Forges (presiding), Member Keller, Member Chacon, Member Galvan, Alternate Member Butler
• Absent: Chair Lomneck
• Staff Present: Planner II Belizaire; Community Development Administrator McFarlane; Development Services Director Lepp; Board Attorney Johnson; Recording Clerk Justice

Agenda Items

Consent: Minutes of the April 14, 2026 Meeting

• Type: Consent (minutes approval)
• Action: Approved
• Vote: 5-0 (motion by Keller, second by Chacon; Lomneck absent)
• Notable: The May 12, 2026 meeting was cancelled after its agenda was published, so April's minutes reached consent two months late

Item 1: 5068 Adair Street — Torres Aguilar/Salcedo Property Annexation & Rezoning

• Type: Annexation + Rezoning (two motions)
• Case Number: AX-03-26-01 (annexation); RZ-26-03-01 (rezoning)
• Location: 5068 Adair Street — Commission District 1, west of Adair Street approximately 750 feet south of the intersection of Clarcona Ocoee Road and Adair Street. Parcel ID 05-22-28-6052-05-010
• Applicant: Jorge Torres Aguilar and Maribel Salcedo, represented by Laura Yameen of Luxar Construction, LLC (not present at the hearing)
• Request: Annex a vacant lot (previous home demolished) and rezone from Orange County A-1 to City of Ocoee R-1 (Single-Family Dwelling District)
• Current Zoning: Orange County A-1
• Proposed Zoning: City of Ocoee R-1
• Current FLU: Low Density Residential (5 units per acre) — retained
• Acreage: 0.38 acres
• Staff Recommendation: Approve. The Development Review Committee met June 2, 2026 and recommended approval on a finding of consistency with City regulations and the Ocoee–Orange County Joint Planning Area Agreement; the site is contiguous north and east and the annexation does not create an enclave
• Action: Approved — recommendations of approval forwarded to the City Commission on both motions
• Vote: 5-0 annexation (motion by Keller, second by Butler); 5-0 rezoning (motion by Butler, second by Chacon); Lomneck absent
• Conditions: None
• Notable Discussion: Vice-Chair Forges asked about current maintenance requirements on the vacant property; Belizaire responded. City water is available from a 12-inch main west of Adair Street and the applicant has already paid the water service fee; no sewer connection is available and the property will be served by private septic. Future access will be evaluated at building permit and provided from either 3rd Avenue or Adair Street. No speaker forms were received

Item 2: Walmart Neighborhood Market Sign Variance

• Type: Variance (six sign variances, one motion)
• Case Number: VR-26-02
• Location: 10738 Clarcona Ocoee Road — Commission District 1, corner lot with frontage on Clarcona Ocoee Road and N Lakewood Avenue, within the Ocoee Village Center PUD
• Applicant: Walmart Neighborhood Market, represented by Susie Stone (not present at the hearing)
• Request: Variances from Land Development Code Article VIII §§ 8-6A and 8-6D for the recently approved Ocoee Village Center New Grocery and Fuel Station:
  • North elevation sign height 10'-4" in lieu of the 3-foot maximum — a 158% increase
  • East elevation sign height 7'-9" in lieu of 3 feet — a 94% increase
  • North elevation sign area 459.7 sq ft in lieu of the 100 sq ft maximum — a 360% increase
  • East elevation sign area 159.8 sq ft in lieu of 100 sq ft — a 60% increase
  • North canopy sign height 1'-6" in lieu of the 6-inch maximum — a 200% increase
  • North canopy sign width 22 feet in lieu of 21 feet — a 5% increase
• Current Zoning: PUD-COMM (Planned Unit Development Commercial). The approved Revised PUD/Land Use Plan for Ocoee Village Center contains no waiver from LDC Article VIII "Signs," so the project is subject to the citywide sign standards
• Acreage: Building approximately 48,583 sq ft (under the 50,000 sq ft threshold that sets the 100 sq ft / 4-foot sign allowance)
• Staff Recommendation: Deny. Staff found the application failed all four Article IV § 4-9A criteria — no special conditions peculiar to the land, no deprivation of rights commonly enjoyed (the corner lot already earns a second 100 sq ft sign on the east elevation), circumstances arising from the applicant's own request, and a grant conferring special privilege. "Staff does not support the requested variances, as there is insufficient code-based justification"
• Action: Denied — recommendation of denial forwarded to the City Commission
• Vote: 5-0 (motion by Keller, second by Chacon; Lomneck absent)
• Conditions: N/A
• Notable Discussion: Member Keller asked whether the requested signs are standard for Walmart Neighborhood Markets, referencing the store further east on State Road 50. Planner II Belizaire responded that the SR-50 store is almost four times the size of the proposed store and was therefore allotted a larger copy area. Keller said that although he disagrees with granting a variance, he "would not want to lose out on good development over the size of their signage." Vice-Chair Forges confirmed the variances relate only to wall signs affixed to the building. The staff report notes the canopy provision (§ 8-6D) literally governs signs located under a canopy or awning and is being applied by analogy to signs installed on the canopy, "as this section aligns most closely with this type of sign," adding that "this sign type along with other signage will be addressed with the Land Development Code (LDC) update." No applicant representative appeared; no speaker forms were received

Item 3: Text Amendment — LDC Section 4-13, Certified Recovery Residences

• Type: Text Amendment (Land Development Code)
• Case Number: [ordinance number not assigned in the packet draft — "ORDINANCE 2026-___"]
• Location: Citywide
• Applicant: City of Ocoee (staff-initiated)
• Request: Amend Article IV of the Land Development Code to create § 4-13, establishing regulations and procedures for certified recovery residences including a process for requesting reasonable accommodation, as required by Chapter 2025-182, Laws of Florida (SB 954), effective July 1, 2025
• Staff Recommendation: Approve
• Action: Approved — recommendation of approval forwarded to the City Commission
• Vote: 5-0 (motion by Butler, second by Keller; Lomneck absent)
• Conditions: None
• Mechanism as drafted:
  • Applications filed with the Planning Division; must identify the specific regulation from which relief is sought, the basis for the accommodation, and a copy of the applicant's certificate of compliance
  • The City may request additional information in writing within 30 days; applicants get at least 30 days to respond
  • Within 60 days of a completed application the Development Services Director or designee issues a written determination approving, approving with conditions, or denying, based on evidence-based findings
  • If no determination issues within 60 days and no written extension is agreed, the request is deemed approved
  • Review standard: the minimum reasonable accommodation necessary to accomplish the purpose and meet the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and Chapter 2025-182
  • Revocation if the residence loses its certificate of compliance or closes/vacates; administrative reinstatement by the Development Services Director if certification is restored within 180 days
  • Appeal runs to the City Commission — notice of appeal filed with the City Clerk within 10 days, quasi-judicial hearing within 60 days
  • The section does not supersede condominium, cooperative, or homeowners' association declarations governed by Chapters 718, 719, or 720, Florida Statutes
• Notable Discussion: McFarlane reported that per the Florida Association of Recovery Residences there are currently no certified recovery residences in Ocoee, and that under existing code an operator would need a Local Business Tax receipt plus Building and Fire review for any alterations. The staff report states plainly: "City staff is currently in the process of updating the City's Land Development Code. This text amendment would have been included in that substantial update to the City's LDC; however, SB 180 prevents any substantial updates to the City's LDC at this time." Member Keller asked whether the state statute affects deed-restricted homeowners' associations or only City Code requirements. Keller then asked about implementation given conflicting SB 180 versus SB 954; McFarlane explained the bills are not actually conflicting, and that SB 954 is supportive of SB 180 because it gives applicants an avenue to seek relief from restrictions that may be put in place regarding certified recovery residences. Member Chacon asked what adopting the amendment would entail. Vice-Chair Forges asked about identifying properties that may already operate as recovery residences and described the research McFarlane had conducted, then asked for examples of what potential regulations might look like. No speaker forms were received

Miscellaneous 1: Impervious & Open Space Workshop

• Type: Workshop (no action)
• Presented by: Development Services Director Lepp — what impervious surface is, how it is applied in Ocoee, and options for consideration
• Notable Discussion: Lepp gave a synopsis of current impervious-surface regulations and presented potential options to give homeowners greater flexibility to enhance and use their outdoor living spaces. Member Chacon asked why 50% is the current maximum for standard residential zoning. Member Galvan asked whether total lot area including portions within a lake or floodplain counts toward the maximum; Lepp confirmed it does, noting a 25-foot buffer from the lake or flood line is still required. Member Keller asked whether flooding risk increases if most homeowners take advantage of a higher coverage allowance

Miscellaneous 2: Project Status Report

Development Services Director Lepp reported:

• The northwest sector of Ocoee Village Center should come forward for approval soon
• Industrial projects on Ocoee-Apopka Road are forthcoming
• Inquiries have been coming in for downtown properties
• O2B Kids is nearing completion
• Development is coming soon to the pad next to West Orange Creamery
• No current updates on City Center West Orange

Public Hearings Summary

• Number of speakers: 0 — all three quasi-judicial and legislative items opened and closed with no speaker forms received
• General sentiment: N/A
• Key concerns: None recorded from the public. Notably, neither the Walmart applicant nor the Torres Aguilar/Salcedo applicant sent a representative to the hearing; the Walmart variance was denied 5-0 in the applicant's absence

Key Signals

• Ocoee stated on the record that SB 180 is blocking its Land Development Code rewrite — and then legislated around it. The staff report language is unambiguous: the recovery-residence provisions "would have been included in that substantial update to the City's LDC; however, SB 180 prevents any substantial updates to the City's LDC at this time." Ocoee has workshopped that rewrite continuously since June 2025 — non-conformities, signage, parking, minimum living areas, a Zoning Districts Correlations Table, a development-threshold reduction from 25,000 to 10,000 sq ft. All of it is frozen. What moves is the one amendment a federal-compliance statute compels. This is the corpus's clearest evidence that the SB 180 freeze reaches Orange County, not just the south Lake corridor where it was first documented, and it is the mechanism behind the "temporary policy" Lepp floats a month later on impervious surface: staff are now designing interim instruments because the permanent one is unavailable until the preemption expires (moratorium through October 1, 2027; session law expiring June 30, 2028).
• Ocoee becomes the fifth corpus city to precode recovery residences, and the first to route the appeal back to the elected body. LDC § 4-13 lands on the same March-through-June 2026 template as Clermont (Ordinance 2026-013, March 3), Leesburg (Butler Street CRR conditional use, March 19), and Maitland (LDC § 5.16, March 5): federal trigger named on the record, administrative channel rather than moratorium, 60-day director determination, annual-certification dependency, no certified residences currently operating in the city. Two Ocoee variations are worth naming. First, the deemed-approved default — silence past 60 days grants the accommodation, converting staff inaction into applicant relief. Second, appeal runs to the City Commission, not to the City Manager as in Maitland. Ocoee absorbs the protected use administratively like every other city in the pattern, but keeps the elected body as the backstop.
• Member Keller pulled the SB 180 / SB 954 interaction into the open, and staff's answer reframes the freeze. Keller asked how the two statutes implement against each other. McFarlane's response — that they are not conflicting, and that SB 954 supports SB 180 by giving applicants an avenue to seek relief from restrictions a city might impose — describes a Florida land-use regime where the state has built both the preemption and the escape hatch from local restriction. For the corpus's grandfather-window thesis, this is a board-level articulation of the same architecture the south Lake cities are navigating, arriving from an Orange County staff desk.
• The Walmart Neighborhood Market was denied 5-0 on signage eight months after its site plan was approved — Ocoee's second denial recommendation in the record, and the first against a national retailer. The requested wall sign was 459.7 sq ft against a 100 sq ft cap: a 360% increase, on a 48,583 sq ft building that falls just under the 50,000 sq ft threshold where the allowance steps up. Staff found no code-based justification on any of the four criteria; Belizaire's comparison to the SR-50 store established that Walmart's own signage scales with store size, undercutting the "brand standard" argument before it was made. Keller's remark — he disagrees with the variance but "would not want to lose out on good development over the size of their signage" — is the tension stated plainly. The applicant did not appear. For national retailers underwriting Ocoee sites: the PUD carried no sign waiver, the sign code is dated by staff's own admission, and it cannot be modernized until SB 180 lifts.
• Two consecutive meetings devoted board time to impervious surface — the rule that produced Ocoee's variance docket is being rewritten from the staff side. Lepp's June workshop asked why 50% is the residential maximum, whether lake and floodplain area should count toward the lot total, and what greater flexibility would cost in flood risk. The July 14 session goes further, proposing to retire the term entirely for "lot coverage" and "open space." Set against the May 2025 Fermaint denial (4-1, Chair Lomneck: the board "has maintained a consistent approach regarding ISA ratio decisions") and the March 2026 Thomas Property pickleball denial (4-0), the sequence reads as a code provision generating enough enforcement friction that staff moved to change the rule rather than keep defending it case by case. Homeowners in Ocoee's PUD subdivisions should watch what the interim policy allows, and note that PUD subdivision plans — Forest Lake Estates caps at 65% — bind independently of any citywide change.

Raw Notes

Source: Ocoee CivicClerk tenant ocoeefl, P&Z category id=27, agendaId 564 / Events(600). Published files: Agenda (fileId 1471), Agenda Packet (fileId 1472, 55 pages), and standalone Minutes (fileId 1519).

The standalone Minutes PDF is a scanned image with no text layer. Per the established Ocoee method, the minutes text used here was read from pages 1–4 of the July 14, 2026 agenda packet (agendaId 565, fileId 1511). The minutes are signed by Recording Clerk Miranda Justice and Vice-Chair Lou Forges — the first Ocoee minutes in the corpus not signed by Lomneck — and were approved unanimously on the July 14, 2026 consent agenda.

Staff reports read from the June 9 agenda packet: 5068 Adair Street (Berenice Belizaire, Planner II, pages 4–8); Walmart Neighborhood Market Sign Variance (Belizaire, pages 26–32); Certified Recovery Residences text amendment (Brett McFarlane, titled "Concurrency & Commitment Coordinator" on the report and "Community Development Administrator" on the agenda and in the minutes, pages 38–47, including the full draft ordinance, business impact estimate, and advertisement). Department director of record on all three: Nick Lepp.

The draft ordinance in the packet carries no assigned number ("ORDINANCE 2026-___"); the final ordinance number will be set at City Commission adoption and is not in this record.

Chair Lomneck's absence here is his last appearance in the Ocoee record. He is not on the board at the July 14, 2026 meeting, where Forges is elected Chair and Chacon Vice-Chair; Alternate Member Butler moves to full Member and a new Alternate Member Fernandez is seated. Lomneck's term as Chair, set July 8, 2025, was to run to July 2026.

Vice-Chair Forges's question about "identification of properties that may currently be used as Certified Recovery Residences" and McFarlane's description of the research he conducted are minuted without the findings; the record establishes only the FARR-sourced conclusion that no certified residences operate in the city.