HomeMy WebLinkAbout02-19-2019 Supporting DocumentsCITY OF OCOEE
�_ J 150 N. Lakeshore Drive
Ocoee Ocoee, Florida 34761
rlarfaa 407-905-3100
SPEAKING RESERVATION FORM
City Boards
DATE
NAME ��%,.� %��%c l �IN PHONE #
ADDRESS 4 J{�ililc,%I -1 L�l�� CEO
O 774A ZIP CODE
E-MAIL e6( S7 7/IP.nli, �Gc�(B��JiH/tz /AhGj, GO)✓`
I want to address the Board about: Qa VW&L Uu1"ba/ IM 19-lL
Do you have a prepared statement, or other documents) from which you will address the Board?
No Yes_j if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker;
petitioner rebuttal - 5 minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
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SPEAKING RESERVATION FORM
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DATE
NAME
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ADDRESS
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E-MAIL
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want to address the Board about:
City Boards
CITY
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
407-905-3100
PHONE # / 0 7-2 `f / - / cp d�
ZIP CODE ✓ � , O
Do you have a prepar
ed statement, or other document(s) Trom which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker;
petitioner rebuttal - 5 minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
ME
DATE
NAME
'qWS4`` W/
Ocoee
Ilorida
SPEAKING RESERVATION FORM
City Boards
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
407-905-3100
_ PHONE # / / -J '� .i�� OF
ADDRESS ' `� Ff��) �! (.� ZIP CODE T 7
E-MAI L A MC -A-' (06�X4,, (f1)A A
[want to address the Board about: /%//"P" k Qv- 3'S22—01-
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yesf if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker;
petitioner rebuttal - 5 minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
OC�OC�(
Florida
SPEAKING RESERVATION FORM
City Boards
DATE
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
407-905-3100
NAME KNa" kcNL -\5T6 n PHONE # qe- 7 53.E V-71
ADDRESS 3gF6 A QO k,'i' 0 W h, CITY ZIP CODE 34 T 3Y
E-MAIL RPt� ice'' �, r dvt \ �:nnn� t�Lr—
want to address the Board about: Nti0(.; i.n r;"ti
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker;
petitioner rebuttal - 5 minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
DATE _ ; - I S , (�
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florlda
SPEAKING RESERVATION FORM
City Boards
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
407-905-3100
NAME !IA MILL kt ,(- A L(-i s i vr'kC— PHONE # �C, .1 6 7GY(Q 1
ADDRESS �`, D S%�/�ow���C (,sJ/1 Y CITY Co ZIP CODE
E-MAIL MM-(IL-1y-55 & ZuyAy c.—, 6&A-,
want to address the Board about:
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker;
petitioner rebuttal - 5 minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
Sibbitt, Melanie
From: Wilsen, Rosemary
Sent: Tuesday, February 05, 2019 7:08 PM
To: Sibbitt, Melanie
Subject: Fwd: 3872 Old Winter Garden Rd Annexation and Rezoning
Attachments: Attachment l.pptx; ATT00001.htm; Attachment 2.pdf, ATT00002.htm
Sent from my iPhone
Begin forwarded message:
From: Marc McAllister <mmcal1055@hotmail.com>
Date: February 5, 2019 at 9:05:57 AM EST
To: "MAYOR@OCFL.NET" <MAYOR@OCFL.NET>, "Districtl@ocfl.net" <Districtl@ocfl.net>
Cc: "riohnson@ocoee.org" <riohnson@ocoee.org>
Subject: 3872 Old Winter Garden Rd Annexation and Rezoning
Mayor Demings, Commissioner Vanderley, and et al,
My name is Marc McAllister and I am the former President of Falcon Pointe HOA in Gotha, FI (Orange
County). Mayor Demings, you may remember me from the extensive work that our community did for
fallen Deputy Scott Pine back in 2015, where we dedicated one of streets to Scott for the exemplary
work he had done for our community before his murder. Since our last meeting, which was some time
ago and under the elected leadership of Mayor Teresa Jacobs and Commissioner Scott Boyd, we had
addressed some rezoning disputes to a property adjacent and to the North of our community. The issue
is simple, property owners of the property in question (Plat Book 0, page 100, block 15, Park Ridge -
Attachment 1) have tried (unsuccessfully) to rezone a residential property (LDR/A1) to commercial (C-
1/PUD) for the purpose of flipping and profiteering at the expense of our community here at Falcon
Pointe. The first several attempts were made through the normal avenues of Orange County procedures
with no success and now, the owners are trying to circumnavigate around Orange County and petition
the city of Ocoee to annex this property in order to rezone the property under the ruse of Orange
County/Ocoee future land map agreements. The owner has hired a savvy land developer who is
relentless in getting this property rezoned and he will not stop, nor will we.
Mayor Demings, the reason that I am writing to you is because our community has tried to enlist the
help of Commissioner Betsy Vanderley, who has been less than cooperative in our endeavors to put a
stop to this rezoning and keep our neighborhood safe and private. Almost every week or two, our
community Vice President (Mr. Elmer Carrier) had either emailed or called Commissioner Vanderley's
office to either get information or to inform her of what is happening in regards to this rezoning issue.
Most of the time sadly, it is met with the commissioner being uninformed as to specific property details
and or just plain no response. It has come to a fork in the road here for our community and we need
your help! The city of Ocoee is holding a hearing on February 19, 2019 at their city hall to make a vote
on whether or not to annex this property. They will also vote on rezoning this property during the same
meeting. We feel that this is an attempt to pull the rug from under us as residents of Orange County. I
have personally petitioned the city of Ocoee in January during a recommendation hearing and informed
them of what the land developer was doing. The city commissioners voted not to recommend this
annexation proposal; however, it will still proceed to a city hearing under their due process. The good
people of Ocoee are being dragged into this mess by none other than mismanagement of the District 1
commissioners office and corporate greed.
Here is what we need from you Mayor Demings; we need Commissioner Vanderley to be more
communicative with our community leaders and respond within a reasonable time. We need your help
in stopping this annexation. As elected leaders, we need your political pressure to thwart this attempt of
rezoning and protect us underdogs. Mayor Jacobs, fought to keep Gotha rural, and little by little it is
being watered down and chipped away. One property at a time is being commercialized/developed and
it is wreaking havoc here due to increased traffic volume, safety concerns, and an invasion of privacy of
our neighborhood. I believe one has a voice and civic duty to stand up for what is right and to put a stop
to the tyranny of over development.
I have a scheduled meeting on April 10th & 11th with Governor DeSantis and the Florida State Senate in
their chambers for other programs that I am affiliated with, but I will be bringing this to their attention
as well if nothing is done here before February 19th or no response is received from your office or Mrs.
Vanderleys. I will file a complaint with the state ethics committee while I am in Tallahassee to look into
this matter and how business is conducted in the commissioner's office as well as possihle_pauti___ c�
maneuvering with the city of Ocoee. Please don't take this a it as threatening as it is difficult to
discern ones' tone. My intentions are pure, but make no mistake: one groups profit is not worth 400
residents suffering. Attached in this email is a graphical depiction of the property in question (Next door
to 7 Eleven). In openness, our community leaders and city of Ocoee mayor and commissioners are cc'd
on this email. Please feel free to contact me for further information at the following email:
mmcall055@hotmail.com
Regards,
Marc McAllister
Falcon Pointe property owner
Orange County Resident
LO or Comffssicrers
Rv=fy 2ohnsori !oh;n Grooan, District r
Rosemary Wiken, Disldcf 2
Ciro Mancaor Rici-nerd f`irstner. District 3
Rober? Frank George Oliver II€, District 4
Ocoee
lurid 3 NOTICE OF PUBLIC HEARING
3872 OLD WINTER GARDEN ROAD PUD
SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
CASE #: CPA-2018-007
This notice is tieing sent to all property owners whose property is located within 300 feet of the boundary of
the subject property, The mailing names and addresses were obtainea from the Orange Courty Property
Appraisers Of -lice,
1. NOTICE I3 HEREBY GIVEN, pursuant to Subsection 1-10 and 5-9, of the City of Ocoee
Land Development Code, that on TUESDAY, JANUARY 8, 2019, AT 6:30 P,iNJ, or as soon
thereafter as practical, the OCOEE PLANNING & ZONING COMMISSION will hold a
PUBLIC HEARING at the City of Ocoee Comrtmission Chambers, 150 North Lakeshore
Drive, Ocoee, Florida, to consider the 3872 Old Winter Garden Road PUD Small Scale
Comprehensive Plan Amendment, located on the south side of Old Winter Garden Road,
west side of Hempel Ave, The Small Scale Comprehensive Plan Amendment consists of
classifying approximately 1.25 acres of the subject property, identified as parcel number.
28-22-28-0000-00-019, from Low Density Residential to Professional Office and Services.
2. NOTICE IS HEREBY GIVEN, pursuant to Subsection 1-10 and 5-9, of the City of Ocoee
Land Development Code, that on TUESDAY, FEBRUARY 19, 2019, AT 6:15 P.M. or as
soon thereafter as practical, the OCOEE CITY COMMISSION wifl hold a PUBLIC
HEARING at the Ocoee City Commission Chambers_ 150 North Lakeshore Drive, Ocoee,
Florida, to consider the 3872 Old Winter Garden Road PUD Small Scale Comprehensive
Plan Amendment, located on the south side of Old Winter Garden Road, west side of
Hempel Ave. The Small Scale Comprehensive Flan Amendment consists of classifying
approximately 1.25 acres of the subject property, identified as parcel number: 28-22-28-
0000-00-019, from Low Density Residential to Professional Office and Services.
[MAP ON REVERSE SiDE]
Interested parties may appear at the public hearing and be heard w€L" respect to the proposed actions. The
complete case file may be inspected at the Ocoee Development Services Department,'Planninc Division
located at 150 North Lakeshore Drive. Ocoee. Florida between the hours of 8:00 a.m. and 5,00 p.m.,
Monday through Fr€day, except legal holidays.
The Planning 3. Zoning Commission ante City Commission may continue the public hearings to other dates
and times, as it deams necessary. Any interested party shall be advised of the dates, times, and places of
any continuation of these or continued public hearings. Any continuances shall be announced during these
hearings and no further notices regarding these matters will be published. You are advised that any person
who desires to appeal any decision made at the public hearing will need a record of the proceedings and for
this purpose may need to ensure that a verbatim record of the proceedings is made which includes the
testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the City Clerk's Of ice 48 hours in advance of the
meeting at 407-905-3105.
C'ty of Ocoee - ISO North Lakeshore Drive - Ocoee, Flnrido .34761
phone: i407j 905-3I00 • fnx: (407) 90.5-3i57 - wNNnAe.ocoee.org
PLAT
FALCON POINTE, A REPLAT sh ar n or z BOOT 9 PAGE o 9
REPLATTING A PORTION OF LAKEVIEA' HEIGHTS, AS RECORDED IN
PLAT BOOK E, PAGE 39 AND A PORTION OF PARK RIDGE,
AS RECORDED IN PLAT BOOK 0, PAGE 100, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA
SECTION 28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA I
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Sibbitt, Melanie
From: Wilsen, Rosemary
Sent: Friday, February 08, 2019 11:04 PM
To: Sibbitt, Melanie
Subject: Fwd: Petition to Vacate Market St
Email received
Begin forwarded message:
From: Marc McAllister <mmcall055@hotmail.com>
Date: February 7, 2019 at 11:44:54 PM EST
To: "Betsy.VanderLey@ocfl.net" <Betsy.VanderLey@ocfl.net>, "falconpointel@Rmail.com"
<falconpointel@Rmail.com>
Cc: "Amy.Berman@ocfl.net" <Amy.Berman@ocfl.net>, "MMCa11055@gmail.com"
<MMCa11055@Rmail.com>, "Preside nt.faIcon pointe@yahoo.com"
<President.falconpointe@yahoo.com>
Subject: RE: Petition to Vacate Market St
Commissioner Vanderley,
Thank you for your immediate response to my email and willingness to meet. As you can see, we are on
a very short timeline with the city of Ocoee's public hearing rapidly approaching in less than two weeks.
Let me be very clear as to what we are asking of you; we do not want the city of Ocoee annexing 3872
Old Winter Garden Rd. This is another attempt for the property owner to try and rezone this parcel of
land. I am sure that the former commissioner, Scott Boyd has left you the files pertaining to the Orange
County preceding in this matter, if not, let briefly explain what is going on. In 2015-16, the property
owner, who at the time owned both 3844 and 3872 Old Winter Garden Rd, petitioned the county to
rezone 3872 Old Winter Garden Rd to C-1 as 3844 was already zoned C-1 for many years. Our concern at
the time and now is the impact to our community. There was much public opposition to this rezoning
and the owner retracted the request to have it rezoned. Since that time, the 7 eleven corporation
purchased and built the gas station and convenience store. As we expected, there has been sizable
increase in traffic volume and congestion, but there was nothing that we could do about that. What we
did not expect however, was the environmental impact that it is having on our community. The light and
noise pollution that this commercial enterprise has brought to our residents has been very intense,
which is why Mr. Carrier was so adamant about the wall that was supposed to go up. Now we
understand that new property owners have reneged on the wall by not vacating the portion of Market
Street, which is understandable since they would be responsible for the cost of building that wall. The
most important and devastating effect this commercial property has caused is something that none of
us were prepared for: the water displacement. The soil composition underneath our community and
surrounding areas (to include 3844 & 3872 Old Winter Garden Rd) is a clay substrate. Since the grading
of both properties and Falcon Pointe run from North to South by South -East, all water runoff is following
the path of least resistance. In our case, that acre of land that the 7 eleven sits on now is made of
concrete which has significantly changed the ground absorption rates. Their stormwater collection tanks
are putting that water in a concentrated spot on top of the clay. In other words, it is saturating the
ground all around the area to include Falcon Pointe and its retention ponds. Our North retention pond,
which has never had water in it for 20 years in now full. Conversely, Ocoee's retention pond adjacent
and to the North has been dry for the same period of time and is still dry now. Our residents along the
1
West side of Shadowind Way are seeing unprecedented amounts of water oozing from their properties.
In fact, the homeowner at the most southern point has had so much water coming up from the ground
that his children cannot play in their yard and he has contacted Orange County public works with no
response. He is asking the news stations to look into it. This is not seasonal weather patterns, it is
material science but again, there is nothing that can be done since that property was already zoned C-
1. Our concern is that what will another 1.25 acres of pavement and displacement do to our community
next? Second and third order effects are often after thoughts, but this time we have a chance to stop it
before it becomes a burden to bear. We will take you up on your invite to sit down and have a tabletop
discussion. The city of Ocoee are great community partners and deserve to be informed about this prior
to the public hearing. I will be out of town next week, but I will be sending a representative with Mr.
Carrier to bring more clarification if needed. I can meet with you in person on Monday the 18th (though
it is Presidents Day) or Tuesday the 19th, before the hearing if you are available. Our goal here is not to
be a thorn in the side, rather to keep the zoning the way it was originally laid out by county planners
from years ago. I grew up here, went to school here, and used to walk to the Gotha country store when I
was a kid. I bought in this community to raise my children specifically because it was not over
developed.
Regards,
Marc McAllister
Sent from Mail for Windows 10
From: Betsy.VanderLey@ocfl.net <Betsy.VanderLey@ocfl.net>
Sent: Thursday, February 7, 2019 4:32:31 PM
To: falconpointel@gmail.com
Cc: Amy.Berman@ocfl.net; mmcal1055@hotmail.com; MMCa11055@gmail.com
Subject: RE: Petition to Vacate Market St
Thank you for your response. However, in light of the clear need for clarification as well as recent
communication received from your former HOA president, Marc McAllister (copied here), I believe it
most appropriate to schedule an in -person meeting as initially proposed. As previously proffered we will
include the appropriate Public Works staff and will also now include a representative from our legal
office. Our multiple email exchanges and phone conversations seemingly have not adequately answered
your questions and I want to ensure we have everyone in the room to best be able to thoroughly
address the concerns on the table. My normal meeting hours are on Mondays and Tuesdays but in the
interest of time and my current travel schedule, I am making myself available for this meeting on
Wednesday, 2/13/19 at 1:30pm. I have a 30-minute block available and would look forward to meeting
with you and the Falcon Pointe leadership at that time. Please let us know of your availability and how
many you might expect to attend with you.
OMT
i iT
GOVERN'. Ii:\T
1' t. o s r PA
met V `11andvcee#
District 1 Commissioner,
Orange County Government
201 S. Rosalind Avenue, 5th Floor I Orlando 32801
Office: (407) 836-7350 1 Fax: (407) 836-5879
Email: betsy.vanderley@ocfl.net
Website: www.ocfl.net/districtl
PLEASE NOTE: Florida has a very broad public records law (F. S. 119). All e-mails to and from County Officials are
kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public
and media at any time.
From: Elmer Carrier[mailto:falconpointelOgmail.com]
Sent: Wednesday, February 06, 2019 5:51 PM
To: VanderLey, Betsy (Commissioner)
Cc: Berman, Amy
Subject: Re: Petition to Vacate Market St
I don't think you understand what I'm trying to ask what I'm asking is maybe I need to get with 7/11
owners if they are not going to follow through With the petition vacating maybe I need to ask them
permission to move forward to get market street if they don't want market street then maybe they can
give their petition over to the HOA to pursue We need to talk this is not all about the wall. If you could
find five minutes of your time to give me a call I can explain everything in five minutes or less. This is
time sensitive for our community.
On Wed, Feb 6, 2019, 1:53 PM <Betsy.VanderLev@ocfl.net wrote:
Mr. Carrier, I am happy to meet with you to discuss your community's desire to build a wall. I am
copying my assistant, Amy, who can offer a date and time for you and the HOA President to come into
the office. In the meantime, I do want to reiterate a couple of points I've shared in the past. As a
reminder, Orange County does not have the position or authority to force a private property owner to
pursue a Petition to Vacate. It is completely the property owner's prerogative. The County also does
not have the legal standing to deter the pending annexation request. As previously discussed, this
property is located within boundary of the Joint Planning Agreement with Ocoee. And finally, I believe
we may have talked about how the unusually heavy rainfall in the past two years has impacted the
water levels. I will invite our County Engineer to join our upcoming meeting to more thoroughly
discuss the potential wall as well as the engineering specifics for the 7-11. 1 am currently in
Washington D.C., but will look forward to meeting with you in the near future.
Sincerely,
Betsy VanderLey
District 1 Commissioner, Orange County Government
www.ocfl.net/districtl
PLEASE NOTE: Florida has a very broad public records law (F.S. 119). All e-mails to and
from County Officials are kept as a public record. Your e-mail communications,
including your e-mail address may be disclosed to the public and media at any time.
On Feb 4, 2019, at 8:20 AM, Elmer Carrier <falconpointel@gmail.com> wrote:
Good morning Betsy, we (homeowners at Falcon Pointe Gotha) need your help. Last
year the owners (applicant) of Seven Eleven at the corner of Old Winter Garden .Rd.
and Hemple Ave. in Gotha parcel number 28-22-28-0000-00-012 petition to vacate
Market St. This request was made to Orange County on January 10, 2018 at no
objection from County. The applicant was to obtain letters from the Utilities of no
objection. We don't believe the applicant has no intention of ever following up on
those requests it has been over a year. Because of this if they were to get the other
half of Market St now they would abut Falcon Pointe and be required to build the wall
why spend money when you don't have to. Currently, there is nobody is maintaining
the other half of the property and it is deplorable. Here is the thing seeing how the
applicant isn't moving forward is it possible for the homeowners to do so and we at our
cost put up a barrier (fence, wall). Our President of HOA and myself would like to
discuss this issue with you.
At the same time the adjacent property beside Seven Eleven there is a pending hearing
with the City of Ocoee to annex that property parcel 28-22-28-0000-00-019 to rezone it
to PUD we here at Falcon Pointe are objectionable to that request. It is currently zoned
Low impact Residential/Agriculture. The applicant wants to build a three store building
behind the homeowners and we would appreciate any support from your office to see
that this doesn't happen. I can not begin to tell you how this would impact our
community with traffic safety issues and impact water run off. I have lived in Falcon
Pointe since it was built 20 years I live on the north retention pond belonging to Falcon
Pointe has been dry for twenty years even after the Hurricanes of 2004 did we ever
have water in that pond over two days. Since Seven Eleven was built that retention
pond hasn't been dry again and for the first time we have to put extra money in the
budget to maintain the aquatic weeds in that pond. However, the two adjacent ponds
belonging to the City of Ocoee are dry. I don't believe the underground system that
Seven Eleven that was required to install is operating correctly. Our HOA doesn't have
the monies to pay for an engineering study to see how that is impacting our
community. We just know what we see after living here for many years. A three story
medical building with all that parking we believe that property owner is all about
getting as much money for his property not caring about his neighbors. Greatly
appreciate hearing from you. 407-405-6311
Thank you,
Elmer Carrier
BOD Falcon -Pointe
407-405-6311
PLEASE NOTE: Florida has a very broad public records law (F. S. 119).
All e-mails to and from County Officials are kept as a public record.
Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time.
PLEASE NOTE: Florida has a very broad public records law (F. S. 119).
All e-mails to and from County Officials are kept as a public record.
Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time.
4
Sibbitt, Melanie
From: Wilsen, Rosemary
Sent: Monday, February 18, 2019 8:54 PM
To: Sibbitt, Melanie
Subject: Fwd: Public Hearing on Annexation
Received this, yet no content.
Rosemary
Sent from my Whone
Begin forwarded message:
From: Ed Rizzo <encrizzogyahoo.com>
Date: February 18, 2019 at 4:30:07 PM EST
To: "rwilsengocoee.org" <rwilsen e,ocoee.org>
Subject: Public Hearing on Annexation