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Home My WebLink About03-19-2019 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida MARCH 19,2019 AGENDA 6:15 P.M. In accordance with Section C-45 of the Ocoee City Charter, swearing in of Elected Officials to commence at 7:00 p.m. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS COMMENTS FROM CITIZENS/PUBLIC STAFF REPORTS AND AGENDA REVIEW COMMISSIONERS ANNOUNCEMENTS CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION.THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval of the Minutes for the Regular City Commission Meeting held March 5,2019. (City Clerk Sibbitt) 2. Approval of New Appointment to the Code Enforcement Board. (City Clerk Sibbitt) The Code Enforcement Board was created by Ordinance No. 741 on June 16, 1981.The purpose of this Board is to review infractions of the City Technical Codes, negotiate compliance and impose fines for failure to comply. The Code Enforcement Board is to have seven (7) regular members and two (2) alternate members with a three-year term. Currently, the Board has six(6)regular members and zero (0)alternate members. An application has been received by Joseph Bandur who has shown an interest in being appointed to the Code Enforcement Board as a regular member for a term ending June 2022. At this time there are no other applications on file for this Board. 3. Approval of the Fifth Amendment to Development and Economic Incentive Agreement for City Center West Orange. (Deputy Development Services Director/CRA Administrator Corless) This Fifth Amendment is drafted in response to the developer's request to make changes to Section 6 of the Development and Economic Incentive Agreement to clarify and modify how the flat building permit fee of $500,000 will be paid to the City. As amended in the Fifth Amendment, Section 6 will specify that a fixed amount of$55,000 will be paid to the City at the time the building permit is issued for foundation construction; a fixed fee of$110,000 will be paid to the City at the time the parking garage building permit is issued,and the developer will make a payment of$335,000 to the City at the time the building permits are issued for building shells.This Amendment changes the flat fee of$200,000 for payment into an escrow account to pay for project oversight to retaining 40%of each building fee payment. Section 6 is also clarified to provide that,in the event that any construction plans are not submitted on or before September 18, 2019, the City's standard fees will apply instead of the fee schedule presented in this Section. This Amendment also changes the default dates identified in Section 7 for deferral of payment of Sewer and Water Capital Charges and in Section 9 for deferral of payment of Transportation Impact Fees from April 1,2019 to October 1,2020.Finally,the Fifth Amendment also stipulates the City Manager may, in his/her sole and absolute discretion, grant the Owner one(1)- six(6) month extension beyond the date provided in this Section; provided, however, that no time extension granted by the City Manager shall extend beyond April 1,2021. 4. Approval of the Ocoee Landings Plat. (Development Engineer Womack) The Ocoee Landings Subdivision is located on the north side of Silver Star Road between Lake Johio Road and Johio Shores Road. The subject site is currently identified as Parcel Number 16-22-28-4532-00-141 and is approximately 13.74 acres in size. This plat is required in order to create fifty (50) lots for the residential Regular City Commission March 19,2019 PUBLIC HEARING 8. Sale of Property Located in Northeast Quadrant of Clarke Road and AD Mims Road to Meritage Homes of Florida. (Advertised in the Orlando Sentinel on Tuesday, February 26, 2019. Continued from the March 5, 2019 City Commission Meeting) (City Attorney Cookson) The City acquired 12 acres of land(Parcel No. 09-22-28-0000-00-05)from the Silvestri Investment Group of Florida, Inc., on December 29, 2006, at a cost of$3.5 million for the purpose of constructing a new Police Department headquarters building. The City subsequently relocated the Police Department to another facility, with the result that the former Silvestri property remains undeveloped.The subject property is bordered on the south by railroad right of way, which is adjacent to AD Mims Road, to the north and east by the Prairie Lake Reserve Subdivision,and on the west by Clarke Road. A portion of the eastern boundary is property dedicated to the public use and owned by the City for future road construction.The outstanding amount of the bond used to finance the purchase is approximately $2.6 million. The City has had this land under contract to sell previously. The City obtained an appraisal for the Property prepared by DeRango, Best & Associates dated April 17, 2018. The appraisal valued the 8.5 acre portion of the land at $1,105,000. On November 20, 2018, the City authorized City Staff to proceed with negotiations for the sale of the 8.5 acre portion of the land to Meritage Homes of Florida,Inc.,after receiving an unsolicited offer from Meritage to purchase such land. City Staff and Meritage have now completed the negotiations and have agreed on the terms of such sale. Meritage Homes of Florida, Inc., wishes to purchase the 8.5 acres for$1,100,000.00 with the purpose of developing a residential subdivision containing approximately sixty-four(64)townhomes.The Property is located within the northeast quadrant of Clarke Road and AD Mims Road. The Property does not include the approximately 3.5 acres at the immediate Clarke Road and AD Mims Road corner;this land is intended to be retained by the City and eventually developed for a commercial use. Pursuant to Section C-8(B)(1) of the City Charter, the City Commission must approve the sale at an advertised public hearing.The Purchase and Sale Agreement does not become effective until approved by the City Commission and executed by the Mayor. FIRST READING OF ORDINANCE - None SECOND READING OF ORDINANCE—PUBLIC HEARING 9. Second Reading of Ordinance for Harper Property — 1304 East Silver Star Road Annexation and Rezoning; Project No(s): AX-01-19-79 & RZ-19-01-17. (Advertised in the Orlando Sentinel on Tuesday, March 7, 2019 and Tuesday, March 14, 2019.) (City Planner Rumer) The parcel is located on the northeast side of 3`d Street,north side of E. Silver Star Road, is approximately 1.26 acres with one(1)existing single family residence.The Parcel Identification Number is 17-22-28-0000-00-048. The Applicant is annexing into the city limits because the property owners are now eligible to do so since it is bordered by property located within the City limits on the south and east.This proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Because this property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. This parcel will receive a C-1 (Neighborhood Shopping)zoning upon annexation. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance REGULAR AGENDA STAFF ACTION ITEMS COMMENTS FROM COMMISSIONERS ADJOURNMENT PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING 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. ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26:PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK,150 N.LAKESHORE DRIVE,OCOEE,FL 34761,(407)905-3105 48 HOURS IN ADVANCE OF THE MEETING. 31 Page