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HomeMy WebLinkAbout10-19-2021 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida OCTOBER 19,2021 AGENDA 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER Invocation Pledge of Allegiance Roll Call and Determination of Quorum PRESENTATIONS AND PROCLAMATIONS Proclamation for Week of the Family—November 6-13,2021 (Mayor Johnson) Presentation from the Human Relations Diversity Board (HRDB) Regarding the November 6tn & 7th Remembrance Day Events STAFF REPORTS AND AGENDA REVIEW PUBLIC COMMENTS THE PUBLIC IS ALLOWED TO COMMENT ON ANY ITEMS THAT ARE ON THE AGENDA BUT NOT PART OF A PUBLIC HEARING. PUBLIC HEARING COMMENTS ARE TO BE HEARD DURING THAT PORTION OF THE MEETING.ANY COMMENTS YOU WOULD LIKE TO MAKE THAT ARE NOT PART OF THE AGENDA WILL BE HEARD UNDER THE CITIZENS/PUBLIC COMMENTS AT THE END OF THE MEETING. 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 Final Budget Hearing held September 22, 2021, and the Regular City Commission Meeting held October 5,2021. (City Clerk Sibbitt) 2. Approval of Reappointments to the Parks & Recreation Advisory Board. (City Clerk Sibbitt) Members of the Parks&Recreation Advisory Board serve three-year terms. The resolution provides that the Parks&Recreation Advisory Board shall consist of nine(9)members,and only legal residents of the City of Ocoee or who are members of a City sporting organization that utilize the Ocoee parks shall be eligible for membership.Currently,the board has seven(7)members.The terms of Gordon Applegate and Michael Stewart end in October of 2021. Members Applegate and Stewart have indicated they are willing to serve another three- year term, if reappointed. Staff recommends that the Honorable Mayor and City Commissioners reappoint Member Applegate to serve a three-year term on the Parks&Recreation Advisory Board;however,due to poor attendance,staff recommends not reappointing Member Stewart. 3. Approval of an Interlocal Agreement with Central Florida Expressway (CFX) Authority for the Construction of a Portion of the Franklin Street Multipurpose Path. (Deputy Development Services Director/CRA Administrator Corless) At the June 16,2020,Commission Meeting,the Commission directed staff to move forward with the project, which included acquiring necessary right-of-way(ROW)and drafting an Interlocal Agreement between CFX and the City of Ocoee for the construction of a 12-foot wide multipurpose path and upgrade and relocation of a water main.The City has obtained the ROW to construct the multipurpose path and relocate the water main east of SR 429 to Bowness Road.City staff worked closely with CFX in designing the multipurpose path.The City's Utilities Department prepared the design documents for the water main relocation and submitted those documents to CFX for inclusion into their construction documents.CFX has bid the entire SR 429 Enhancement Project. Regular City Commission October 19,2021 4. Approval of Victims of Crime Act Grant; Grant No.: VOCA-2021-Ocoee Police Department-00521. (Police Chief Plasencia) For the Fiscal Year 2021/2022, the Florida Attorney General's Office, as the pass-through agency for the Victims of Crime Act("VOCA"), awarded the Police Department a grant to fund a victim witness advocate position. Using funding from the VOCA Grant, the Police Department would establish a Victim Witness Advocate position("Advocate"). Currently,the Department's sworn personnel assist victims with their needs while balancing their other duties of call-handling and/or investigations.An Advocate dedicated to the process of ensuring victims understand their legal rights and protections would enhance our processes and potentially reduce re-victimization. Recognizing the special needs and concerns of individuals impacted by crime, accident,or suicide,the Advocate would be able to render assistance for those individuals.The Advocate would assist victims and witnesses with coping with the trauma of the event and assist them in understanding the complexities of the investigative and judicial processes. This grant-funded position was anticipated and included in the FY 2021/2022 budget. FIRST READING OF ORDINANCE 5. First Reading of Ordinance for Arya Offices at 868 Roberson Road Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Professional Offices and Services District; Project No(s). CPA-2021-003 & RZ-21-07-27. (Second Reading and Public Hearing scheduled for November 2, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) The subject property is located on the north side of Roberson Road approximately 627 feet east of the Tomyn Boulevard(Windermere Road)and Roberson Road round-about.The property is approximately 10.47 acres in size,of which approximately 2.45 acres are designated as wetlands/flood zones, 1.94 acres is the subject of this proposed amendment and rezoning, and the remainder has been previously approved for a four-story 203,000 square foot, 142-unit Independent Living Facility (ILF). The property has two (2) Future Land Use designations:Low-Density Residential,which makes up the majority of the site,and Conservation/Floodplains, which is generally within the southeast portion of the property. The proposed small-scale future land use map amendment is to change an approximately 1.94-acre portion in the southwest portion of the property from Low Density Residential(LDR)to Professional Offices and Services(P-S),and the proposed rezoning is to convert that 1.94-acre portion from R-IAA(Single-Family Dwelling District)to P-S(Professional Offices and Services District)in order to allow for the development of medical office buildings. a) Small Scale Comprehensive Plan Amendment b) Rezoning 6. First Reading of Ordinance for Beltway 429(aka Progress Commerce Park PUD)Small Scale Comprehensive Plan Amendment, Annexation, Rezoning to PUD & Large Scale Preliminary Site Plan; Project Nos. CPA-2021-002, AX-01-21-01, RZ-21-02-01 & LS- 2021-001. (Second Reading and Public Hearing scheduled for November 2, 2021, Regular Commission Meeting at 6:15 pm or soon thereafter) (Development Services Director Rumer) The proposed project consists of four(4)parcels and is approximately 39.96 acres.It is located on the west side of Ocoee Apopka Road, east of SR 429 and 2,900 feet south of Fullers Cross Road. One parcel abuts Ocoee Apopka Road and has an agricultural exemption for the cultivation of blueberries.Another parcel has a single- family residence, and the remaining parcels are wooded undeveloped land. The applicant is proposing an Annexation, Small-Scale Comprehensive Map Amendment from Low-Density Residential (4 D.U./Acre) to Light Industrial, rezoning to PUD and a Large Scale Preliminary Site Plan in order to develop 482,940 sf of Light Industrial/Warehouse use located within eight(8)buildings. The property is located within the SR 429 Business Character Area Overlay.Although the Business Character Area does not intend to facilitate this type of development in the subarea,the applicant and City Staff have worked diligently to develop a project size and layout that will meet the intent and desired outcomes of the overlay. a) Small Scale Comprehensive Plan Amendment b) Annexation c) Rezoning d) Large Scale Preliminary Site Plan 2IPage Regular City Commission October 19,2021 SECOND READING OF ORDINANCE—PUBLIC HEARING 7. Second Reading of Ordinance for Aplausos LLC at 113 W. Oakland Avenue— Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Commercial; Project No(s). CPA-2021-005 & RZ-21-08-28. (Advertised in the West Orange Times on Thursday, October 7, 2021) (Zoning Manager Whitfield) The First Reading was held on Tuesday,October 5,2021.The subject property is approximately 0.29 acres in size and is located at 113 West Oakland Avenue on the north side of West Oakland Avenue,approximately 150 feet west of North Cumberland Avenue. It is within the City's Downtown Redevelopment Area Overlay.The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment(CPA)to convert the property from Low-Density Residential(LDR)to Commercial(COMM)and a corresponding rezoning of the property from R-1AA(Single-Family Dwelling District)to C-2(Community Commercial District)zoning classification in order to allow for the development of commercial,office and a variety of residential uses or mixed land uses. The proposed CPA and rezoning would allow for the opportunity for commercial, residential, live/work, and mixed uses to help stimulate economic activity near the City's downtown core and,as such,are consistent with and support the goals of the City's Downtown Redevelopment Area Overlay. The proposed map amendment and rezoning are not anticipated to have adverse impacts on existing or planned public infrastructure. Therefore, staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning. a) Small Scale Comprehensive Plan Amendment b) Rezoning 8. Second Reading of Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores. (Advertised in the West Orange Times on Thursday, October 7, 2021) (City Attorney Cookson) On June 24,2021,the Board of County Commissioners of Orange County enacted an ordinance prohibiting the retail sale of dogs, cats and rabbits in Orange County. The Orange County Charter specifically provides no county ordinance shall be effective within a municipality if the municipality maintains an ordinance covering the same subject matter or activity as the County Ordinance.City Staff has determined that the existing"Chews A Puppy"pet store within the City of Ocoee is engaged in the retail sale of dogs,cats and rabbits and, absent this proposed Ordinance, would be prohibited from engaging in the retail sale of dogs, cats and rabbits. The proposed ordinance would create a limited exemption for the existing Chews A Puppy pet store to continue operating within the City provided, however, it operates under the same brand, business model, size, and in compliance with all other applicable existing City regulations. All other pet stores within the City will be prohibited from engaging in the retail sale of dogs, cats and rabbits as of the effective date of the ordinance. Additionally,the proposed ordinance would require the existing Chews A Puppy pet store to display a notice to consumers and public containing contact information for the City of Ocoee for the reporting of any complaints with respect to the pet store as well as the posting of information in close proximity to cages and enclosures containing information on each pet's health and vaccination records and the source from which the pet was obtained. The proposed ordinance would further require the pet store to make information readily available for all protentional customers including its USDA license number, breeding facility contact information, and the date the pet was born and received. The pet store would also be required to provide a warranty to customers,under certain conditions,for any pet purchased from the pet store. PUBLIC HEARING 9. Public Hearing to Approve Amendments to the Ocoee-Orange County Joint Planning Area Agreement (JPA). (Advertised in the West Orange Times on Thursday, October 7, 2021) (Development Services Director Rumer) First Amendment to the Ocoee-Orange County JPA. a) The area proposed for the Amendment to the City of Ocoee-Orange County Joint Planning Area (JPA) encompasses the collection of four parcels known as the proposed Progress Commercial Park PUD(AKA Beltway 429 PUD). The subject property is located on the west side of Ocoee Apopka Road and the east side of SR 429 (Western Expressway), south of Demastus Road. The applicants propose to develop the 39.96 acres as a Light Industrial/Retail Flex PUD in line with the requirements of the Business Character Area Overlay.In order for the proposed project to proceed with annexation,the WA Future Land Use map needs to be amended by designating all four (4) parcels of the subject properties from Low-Density Residential(LDR)to Light Industrial(LI). Wage Regular City Commission October 19,2021 Second Amendment to the Ocoee-Orange County JPA. b) The area proposed for the Amendment to the City of Ocoee-Orange County Joint Planning Area(JPA) encompasses the collection of two parcels known as the proposed Crossings at Maguire PUD.The subject property is located at 2663 and 2647 Maguire Road.The applicants propose to develop the 5.61 acres as a commercial/retail center. In order for the proposed project to proceed with the annexation of one of the parcels and small-scale land use amendment and rezoning, the JPA Future Land Use map needs to be amended by designating the two (2) parcels from Professional Office and Service (PS) to Commercial (COM). REGULAR AGENDA -None COMMENTS FROM CITIZENS/PUBLIC COMMENTS FROM COMMISSIONERS ADJOURNMENT CITY COMMISSION ANNOUNCEMENTS MEETING (Starting the later of 6:45 pm or 5 minutes following the adjournment of the City Commission Meeting) During the City Commission Meeting, members of the City Commission are given limited time to make announcements. The purpose of this additional meeting is to give the Mayor and City Commissioners time to make additional announcements that were not made as part of the City Commission Meeting. No formal actions on matters will be taken during this meeting. No discussions regarding matters that may come before the City Commission at a future City Commission Meeting should be addressed during this meeting. As the purpose of the meeting is for the sharing of general announcements by members of the City Commission that are City-wide or District-wide, no public discussion/input is requested during this meeting. One or more members of the City Commission may(but are not required to)attend this meeting. In the event the members of the City Commission have no further announcements and/or choose not to attend this meeting,there will be no meeting. 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. 4IPage