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HomeMy WebLinkAbout11-02-2021 Agenda OCOEE CITYCOMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee,Florida NOVEMBER 2, 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 -None 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 Regular City Commission Meeting held October 19, 2021. (City Clerk Sibbitt) 2. Approval to Accept the American Rescue Plan Grant. (City Manager Frank) The American Rescue Plan Act (ARPA) provides significant funding to States and Local Governments to address the economic and health consequences of the pandemic. The City of Ocoee is a non-entitlement local government eligible to receive funds distributed through the State of Florida.The City will receive$24,172,699 from the ARPA in the form of a federal grant.The City Commission must formally accept the grant funds.The use of grant funds is restricted as allowed by federal requirements;therefore,Finance will create a separate fund to account for the transactions of the funds from the ARPA. 3. Approval of the Large Scale Final Site Plan (FSP) for Lake Lilly Apartments. (Development Services Director Rumer) The City of Ocoee and Heller Brothers Groves executed a Development Agreement on October 6,2020,which permitted multi-family residential as a permitted use in a mixed-use development. The Lake Lilly Apartments development is proposing 410 luxury multi-family residential dwellings units on approximately 16.56 acres.The development will consist of six(6)phases: Phase 1: 30 units (Townhome Buildings 1 and 2);Phase 2: 45 units (43 units in Building 1 and 2 units in Carriage 1)as well as clubhouse and other amenities;Phases 3,4&5: 191 units (Buildings 2, 3, and 4); Phase 6: 144 units (139 units in Building 5 and 4 units in Carriages 2 and 3) Buildings I through 5 will be four(4)stories, and the townhome-style buildings and carriage buildings will be three(3)stories. The main access/entrance will be off of Old Winter Garden Road,and the second access point will be off of Professional Center Blvd.Utilities will be extended to the site from the north. Stormwater will be held in an existing permitted Master Stormwater pond. Regular City Commission November 2, 2021 4. Approval of the Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. (Police Chief Plasencia) This year$6,374.09 has been made available for the Police Department through Florida's Bicycle Pedestrian Focused Initiative: Communication and HVE Grant. The purpose of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. Orange County is a priority county due to the number of serious injuries and deaths of pedestrians and bicyclists. If approved, the Police Department will receive$6,374.09 to conduct high visibility education and enforcement on specific areas of W. Colonial Dr and Silver Star Rd to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. 5. Approval to Piggyback the National Cooperative Purchasing Alliance(NCPA) Contract for Demolition and Reconstruction of Tiger Minor Tennis Courts by The Nidy Sports Construction Company, Inc. (Parks and Recreation Director Johnson) As part of Capital Improvements for Tiger Minor Park, the Parks and Recreation Department has budgeted $170,000 for FY 21/22. They are proposing to demolish the existing tennis courts and reconstruct them into tennis/pickleball courts. Staff is requesting permission to piggyback the NCPA Contract for the demolition and reconstruction of Tiger Minor Tennis Courts by The Nidy Sports Construction Company for these services.The Nidy Sports Construction Company has submitted a proposal to demolish and reconstruct the existing tennis courts in accordance to the plans,with unit pricing, in the amount of$167,685.00 6. Approval to Piggyback the City of Orlando Ballfield Maintenance Contract for Install of New Sod by Lake Jem Farms, Inc. (Parks and Recreation Director Johnson) As part of Capital Improvements for the Jim Beech Recreation Center soccer fields,the Parks and Recreation Depal tnient has budgeted $200,000.00. The Parks and Recreation Department is proposing to install new sod for the creation of more soccer fields. Staff is requesting permission to piggyback off the City of Orlando Ballfield Maintenance Contract IFB18-0175 for installation of the new sod by Lake Jem Farms, Inc., for these services.Lake Jem Farms, Inc.,has submitted a proposal to supply and install the new sod in accordance to the plans, with unit pricing, in the amount of$132,375.00,based upon the aforementioned contract. 7. Approval of the 2021-2022 Budget Vehicle and Equipment Purchase. (Public Works Director Krug) The City traditionally purchases vehicles through various competitively bid annual contracts.Public Works has researched pricing and has found the Florida Sheriffs Association and the State of Florida contracts continue to provide the lowest competitively bid pricing for vehicles utilizing competitively bid contracts. Public Works recommends approval to purchase the fiscal year 2021-2022 budgeted vehicles based on published pricing for the 2021/2022 term contracts from the Florida Sheriffs Association and the State of Florida. 8. Approval to Renew Microsoft Enterprise License Agreement. (Support Services Director Butler) On October 16,2018,the City Commission approved a three-year Enterprise Agreement with Microsoft through SHI. The term of that agreement is set to expire. The City has the option to update the agreement for another three years at the cost of$57,475.43 per year,at our current equipment level.The Microsoft platfoim and related software is used by the entire City for communication, printing, electronic storage, remote access, systems management, and virtualization. The renewal of this agreement maintains the City's Microsoft server licenses, including Microsoft Exchange, which hosts the City's email accounts, and SQL server, which is the database management system for many of the City's enterprise applications. FIRST READING OF ORDINANCE 9. First Reading of Ordinance for LDC Amendment to Chapter 180, Articles II and V - Mobile Food Dispensing Vehicles House Bill 1193. (Second Reading and Public Hearing scheduled for November 16, 2021,Regular Commission Meeting at 6:15 pm or soon thereafter)(Zoning Manager Whitfield) House Bill 1193, which was signed into law on June 29, 2021, and which became effective as of July 1,2021, amended Section 509.102, Florida Statutes (F.S.), to preempt the regulation of licenses, registration, permits, and fees relative to mobile food dispensing vehicles(MFDV) (i.e.food trucks)to the State.The LDC in Section 5-8.B(4), currently prohibits in all zoning districts "the use of a motor vehicle parked on a lot as a structure in which, out of which,or from which any goods are sold or stored, any services are performed, or other business conducted without a special permission of the City Commission." Since issuance of licenses,permits and fees are preempted to the State and since MFDVs must be allowed somewhere within the City, staff recommends creating them as an accessory use/structure and allowing them within the commercial and industrial zoning districts. 2IPage Regular City Commission November 2, 2021 10. First Reading of Ordinance for LDC Amendment to Chapter 180, Articles II and V - Home Base Businesses House Bill 403. (Second Reading and Public Hearing scheduled for November 16, 2021,Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) House Bill 403, which was signed into law on June 29, 2021 and which became effective as of July 1, 2021, amended Section 559.955,Florida Statutes (F.S.),to restrict local governments from enacting or enforcing any ordinance,regulation,or policy or take any action to license or otherwise regulate a home-based business,except in accordance with Section 559.955, F.S. Home based business regulations currently existing in Section 2- 4(154), Article II as a definition and in Section 5-17, Article V, as development standards. Staffs specific recommendations are provided in the draft ordinance. 1 . First Reading of Ordinance for the Comprehensive Plan Amendment (CPA) to Update Capital Improvements Element (CIE) and Five-Year Schedule of Capital Improvements. (Second Reading and Public Hearing scheduledfor November 16,2021,Regular Commission Meeting at 6:15 pm or soon thereafter) (Zoning Manager Whitfield) Section 163.3177(3)(a), F.S., requires that each local government Comprehensive Plan contain a Capital Improvements Element(CIE)designed to consider the need for,prioritization and location of public facilities in order to encourage the efficient use of such facilities as development occurs within the city.The CIE is required to include a Schedule of Capital Improvements(Schedule)incorporating publicly and privately funded projects necessary to ensure that the adopted level of service standards are achieved and maintained.The Schedule shall cover at least a 5-year period.Section 163.3177(3)(b),F.S.,requires that the City review,modify and update the Schedule and Capital Improvements Element on an annual basis. SECOND READING OF ORDINANCE—PUBLIC HEARING 12. 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 21, 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. a) Small Scale Comprehensive Plan Amendment b) Rezoning 13. Second 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. (Advertised in the West Orange Times on Thursday, October 21, 2021) (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.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-1AA (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 31Page Regular City Commission November 2,2021 PUBLIC HEARING 14. Variance Request for Cataldo at 1910 Shari Lynn Terrace; Project No: VR-21-04. (Advertised in the West Orange Times on Thursday, October 21, 2021) (Zoning Manager Whitfield) The applicant, Salvatore Cataldo, is requesting approval of one(1)variance from Section 5-6B as follows: Minimum rear building setback reduction from 25 feet to 10 feet to allow for the conversion of an existing shed into an accessory structure for the housing of persons.The subject property is located at 1910 Shari Lynn Terrace and is within the R-1 Single Family Dwelling zoning district. Per Table 5-2 of the Land Development Code (LDC). Section 5-6B states that accessory structures for the housing of persons,such as guest houses and garage apartments, shall not be located in any required yard. The required minimum rear yard setback is 25 feet, and the existing accessory structure that is proposed to be converted to an accessory dwelling is approximately 10.5 feet from the rear property line.Therefore,the applicant is requesting a rear setback reduction from the minimum 25 feet to 10 feet. 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.