HomeMy WebLinkAbout05-21-2024 MinutesOCOEE CITY COMMISSION
Ocoee Commission Chambers
I N. Bluford Avenue
Ocoee, Florida
May 21, 2024 MINUTES 6:15 PM
-CALL TO ORDER 6:15 PM
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of
City Hall. The Central Florida Freethought Community was not present for their invocation
request; therefore, the invocation was led by Ages Hart, Ocoee Resident, followed by the Pledge
of Allegiance to the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and
declared a quorum present.
Present: Mayor Johnson, Commissioner Kennedy, Commissioner Wilsen, Commissioner
Firstner, Commissioner Oliver
Also Present: Assistant City Manager Shadrix, City Attorney Ardaman, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS 6: 17 PM
2024 Asian American and Pacific Islander Heritage Month Proclamation — read and proclaimed
by Mayor Johnson.
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She then presented the check to the Kelly Carr, Director of Operations and Programs for Eight
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-STAFF REPORTS AND AGENDA REVIEW 6:40 PM
Assistant City Manager Shadrix explained that City staff has been monitoring the activities of
the Orange County Charter Review Commission. They have proposed measures that could
impact the City's ability to manage growth, specifically raising concerns about the County
controlling annexations. City Attorney Ardaman summarized that the Orange County Charter
Review Commission has considered putting the boundary rule area to a vote by Orange County
residents. The Orange County Commission has reviewed these Charter proposals but cannot
overturn the recommendations and adoptions of the Orange County Charter Review
Commission. He briefly shared some comments from a County Commissioner regarding
voluntary annexations, which will require City annexations to also be approved by the Orange
County Commission. City Attorney Ardaman expressed concerns about several flaws and
Regular City Commission Meetini,
May 21, 2024
inconsistencies in the proposal by Orange County. He recommended that the Ocoee City
Commission authorize City staff and the City Attorney to engage with the County and other cities
to address these issues, thereby protecting each city's ability to annex and preserve their city's
authority. Consensus of the City Commission was to support City staff and the i�t
Attorney on their efforts to monitor the
- Sherri each, Ocoee Resident, voiced concerns about traffic on Ocoee Crown Point
Parkway, Ocoee Apopka Road, and West Road near the Towns of Westyn Bay Community,
noting that it has become increasingly dangerous each year. Members of the City Commission
addressed her concerns, and thanked her for her comments. Commissioner Kennedy shared
that he has spoken with City Management about placing funds in the budget to address the
safety concerns she expressed.
- Jim Moyer, Ocoee Resident, reminded everyone that on Thursday, June 6th, the Human
Relations Diversity Board will hold their Speaker Series Workshop on Inclusive
Communications. He recognized board members in the audience with the Florida Asian
American Justice Alliance and thanked the Mayor for reading the 2024 Asian American and
Pacific Islander Heritage Month Proclamation. He further announced the observances
recognized in the month of June, and congratulated the recipient of the Chick-Fil-A check as
well as City Clerk Sibbitt for her work with the Youth Council. He extended congratulations to
all the graduating seniors.
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seconded bv Commissioner K nnedy;
Commissioner Kennedy requested a list of open contracts that the City would maintain related
to Item #5.
1 Approval of Minutes from the Regular City Commission Meeting held May 7, 2024. (City
Clerk Sibbitt)
2. Approval of JAG Grant 15PBJA-23-GG-03230-JAGX. (Assistant Police Chief
McKinstry)
3. Approval of a Two -Year Warranty Surety and Maintenance, Materials, and Workmanship
Agreement for Commerce 429. (Development Engineer Keaton)
4. Approval of a Two -Year Warranty Surety and Maintenance, Materials, and Workmanship
Agreement for Christian Brothers Automotive, (Development Engineer Keaton)
5. Approval of First Amendment to the 15 S. Kissimmee Street and 214 W. McKey Street
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I!kegular City Commission Meeting
May 21, 2024
Contract. (Development Services Director Rumer)
6. Approval of Award of ITB #24-008 Ocoee WWTF Electrical Upgrade and Expansion
Rebid. (Procurement Manager Tolbert)
7. Approval of 2023-2024 Capital Improvement Project with Superior Sheds. (Publ
Works Director Krug)
8. Approval of Change Order No.1 for Contracted Sidewalk Repairs Utilizing Existing Ci-
of Kissimmee Contract with APEC LLC. (Public Works Director Krug) I
9. First Reading of Ordinance to Implement Speed Enforcement Cameras in School Zones.
(Police Chief Ogburn)
City Attorney Ardaman read the title of the ordinance, and it was announced this will be
presented as a second reading and public hearing at the next scheduled City Commission
meeting on June 4, 2024, at 6:15 PM or soon thereafter.
10. Second Reading of Ordinances for 789 Pine Street Small -Scale Comprehensive Plan
Amendment from Low -Density Residential (LDR) to Light Industrial (LI) & Rezoning from
Single -Family Dwelling (R-1A) to Restricted Manufacturing &Warehousing (1-1); Project
No. CPA-2024-002 & RZ-24-02-01. (Development Services Director Rumer)
Development Services Director Rumer presented a brief overview of the Small -Scale
Comprehensive Plan Amendment. The subject property is located north of Palm Drive, west of
Ocoee Apopka, and east of Pine Street. He detailed its current and proposed future land use
designation, zoning, and overlays. He also explained that the property is within the Business
Character Area designated by ordinance, and is proposed to serve as the stormwater facility for
the 606 Ocoee Apopka Road project.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
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Firstner, seconded by Commissioner KenneclV; Motion carried 5-0.
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May 21, 2024
11. Second Reading of Ordinance for 1 Taylor Street Small -Scale Comprehensive Plan FLU
Amendment from Heavy Industrial (HI) to Commercial (COMM) & Rezoning from 1-1
(Restricted Manufacturing and Warehousing) to C-2 (Community Commercial); Project
Nos. CPA-2024-004 & RZ-24-03-02. (Development Services Director Rumer)
Development Services Director Rumer presented a brief overview of the Small-Sca
Comprehensive Plan FLU Amendment. The subject parcel is located within the City
Downtown Redevelopment Area (DRA) and was purchased by the City in January, removi
years of Code violations. The Land Use Amendment and Rezoning are proposed to ensu
the property entitlements remain only for commercial, office, retail, and restaurant uses, whi
are in line with the vision and future planning of the City Downtown Master Plan.
City Attorney Ardaman read the title of the ordinances.
The public hearing was opened. As no one wished to speak, the public hearing was closed,
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12. Second Reading of Ordinance for 1059 Ocoee Apopka Road - Rodgers Property
Annexation; Project No. AX-03-24-03. (Zoning Manager Whitfield)
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subject parcel is located on the east side of Ocoee Apopka Road, approximately 3,284 feet sou
of Fullers Cross Road at its intersection with Ocoee Apopka Road. The property is logical a
eligible for annexation, and will further the City's efforts to reduce enclaves within the city limit
Rezoning to a City zoning classification has not been proposed at this time. -1
The public hearing was opened. As no one wished to speak, the public hearing was closed.
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Regular City Commission Meeting
May 21, 2024
13. Second Reading of Ordinance for 1102 & 1104 N. Lakewood Avenue - Lott Property
Annexation; Project No. AX-03-24-01. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the Lott Property Annexation. The
subject parcels are located on the west side of North Lakewood Avenue, approximately 946 feet
south of Wurst Road at its intersection with North Lakewood Avenue. The property is logical and
eligible for annexation, and will further the City's efforts to reduce enclaves within the city limits.
Rezoning to a City zoning classification has not been proposed at this time.
City Attorney Ardaman read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was
closed.
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Kennedy; Motion carried 5-0.
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Zoning Manager Whitfield presented a brief overview of the 1305 & 1113 Ocoee Apopka Road
- IVIDTL Enterprise LLC Property Annexation. The subject parcels are located on the east side
of Ocoee Apopka Road, approximately 2,616 feet south of Fullers Cross Road at its intersection
with Ocoee Apopka Road. The property is logical and eligible for annexation, and will further the
City's efforts to reduce enclaves within the city limits. Rezoning to a City zoning classification
has not been proposed at this time.
City Attorney Ardaman read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
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Aegular City Commission Meeting
May 21, 2024
15. Second Reading of Ordinance for MDTL Enterprise LLC Property Annexation; Project
No. AX-03-24-04. (Zoning Manager Whitfield)
Zoning Manager Whitfield presented a brief overview of the MDTL Enterprise LLC Property
Annexation. The subject parcels are located on the east side of Ocoee Apopka Road,
approximately 3,392 feet south of Fullers Cross Road at its intersection with Ocoee Apopka
Road. The property is logical and eligible for annexation, and will further the City's efforts to
reduce enclaves within the city limits. Rezoning to a City zoning classification has not been
proposed at this time.
City Attorney Ardaman read the title of the ordinance.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
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16. Second Reading of Ordinance for Gardenia Pointe Rezoning from Unclassified District
and R-1A (Single -Family Dwelling District) to PUD (Planned Unit Development District);
Project No. RZ-23-02-02. (Zoning Manager Whitfield)
City Attorney Ardaman explained the process for quasi-judicial proceedings and the associated
rules of conduct and decorum. The City Clerk swore in all residents wishing to provide public
testimony, and each member of the City Commission was asked to disclose any ex-parte
communication they had regarding the Gardenia Pointe Rezoning project.
Commissioner Kennedy asked if Commissioner Oliver had to disclose anything related to his
representation by Gray Robinson Law Firm, as it is the same firm representing the applicant for
this project. City Attorney Ardaman opined that there was no conflict.
Development Services Director Rumer presented an overview of the Gardenia Pointe
Rezoning explaining its zoning, future land use designations, and history. The subject property
consists of four (4) parcels, totaling approximately 37.37 acres. He displayed aerials to give
examples of other townhomes within the City, including along Ocoee Vista Parkway, that are
separated from a public roadway by an open space tract. The applicant proposes to develop an
84-lot single-family attached (fee simple townhome) residential subdivision at a proposed density
of under the 4 units per acre. He further displayed the preliminary subdivision plan, which also
indicates the wetland and buffer areas that will remain untouched. He reminded the City
Commission that Clarke Road is presently being widened and is scheduled to be completed by
mid to late July, and will provide a full four lanes from just north of Ocoee Vista Parkway to
Clarcona Ocoee Road, and explained that Tract D has been planned for a public roadway since
it was dedicated to the City.
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May 21, 2024
Development Services Director Rumer summarized technical staff review on school and utility
capacity, engineering (stormwater pond), and traffic impacts. He mentioned that traffic
professionals from both the City and the applicant's team are present to answer any questions.
Additionally, he relayed the recommendation of approval from the Development Review
Committee, Planning & Zoning Commission, and City staff.
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Jason Searl, Attorney with Gray Robinson, testified before the City Commission on behalf of the
applicant. He expounded on the standard of review to be applied to the rezoning's use and
outlined competent and not competent substantial evidence standards. He also presented legal
opinions from similar cases to the City Commission. He requested that the City Commission
evaluate this rezoning, like any development application, based solely on the definite objective
criteria established in the City's regulations. As confirmed in Development Services Director
Rumor's presentation, adding or basing a decision on anything outside of those criteria is not
permitted under Florida law.
Commissioner Kennedy called a point of order and asked the City Attorney to comment on the
role of a witness before a quasi-judicial proceeding, and who can brief the City Commission on
matters of the law verses matter of the fact. City Attorney Ardaman addressed his question.
Ayman As-Saidi, Vice Present of Engineering with Traffic & Mobility Consultants, provided
testimony on his professional credentials and explained his role in the traffic study conducted in
June 2023. This study was conducted in accordance with the guidelines of the traffic impact
analysis approved by the City and reviewed by the City's traffic consultant, Kimley-Horn.
Additionally, a signal warrant study for the intersection of Clarke Road and Ocoee Vista Parkway
was submitted and included in the report. Mr. Searl stated that, unless there is an objection, he
would like to present Mr. As-Saidi as an expert in the field of Transportation Planning and
Engineering. No objection was made.
Geoff Summit, Summit Engineering, provided testimony on his professional credentials and
explained the compatibility of uses for the proposed development. He stated that they are
proposing the exact same type of use and lot sizes as the other neighboring existing
developments. He emphasized that it would be hard to achieve more compatibility in terms of
density and lot size than what is being proposed with this application.
Mr. Searl requested to add the remaining 6 minutes of his 15-minute allotment to the 6 minutes
of rebuttal time allowed under the City's adopted procedures for public hearings.
The public hearing was opened.
The following person(s) sworn in to speak, addressed the City Commission:
- Angela D. (handwriting illegible on speaker form), Ocoee Resident, provided testimony
regarding her desire for her community to remain small and with limited traffic, stating that this
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rezoning and project will take away from that scenery.
- Chris Adkins, Ocoee Resident, asked the commission to explain what a quasi-judicA
proceeding is. City Attorney Ardaman provided an explanation, Mr. Adkins went on
express his concern with the density of the proposed rezoning. I
- Robert Toney, Ocoee Resident, provided testimony expressing opposition to this proje
due to traffic and possible Grime increase. I
- Alfred Elia, Ocoee Resident, provided testimony expressing his concern with the increase
in traffic flow, and tree removal associated with the proposed project.
- David Brennan, Ocoee Resident, provided testimony expressing his concern for the
wildlife in the area and the removal of trees, the proposed density, and the City's image.
- Chris Rogers, Ocoee Resident, provided testimony expressing his concerns about the
increased traffic congestion and the potential for accidents.
- Sulaine Gonzalez, Ocoee Resident, provided testimony expressing her concerns about
the increased traffic flow and the issues with parents blocking private driveways and mailboxes
during afterschool pick-up. She also stated that local wildlife will become more prevalent as
they search for new habitats; and further, presented photos of wildlife (bears) that have been
spotted on her property.
- Joe Fana, Ocoee Resident, provided testimony supporting the growth in the community
and does not fully oppose this project; however, he is concerned about the proposed
subdivision exit. He suggested reconfiguring the proposed plan while keeping the zoning
unchanged, and requested a traffic light.
- Jan Rogers, Ocoee Resident, provided testimony expressing her concern about the
potential decrease in value of the surrounding homes, and explained external obsolescence.
- Andrea Jones, Ocoee Resident, provided testimony stating that she spoke at the April 16th
City Commission Meeting, where she expressed her concerns about increased traffic and
noise due to tree removal. The developer indicated at that meeting that public concerns would
be addressed; however, she felt they did not address any public concerns during their
presentation.
- Nicole Webster, Ocoee Resident, provided testimony expressing her concerns with
increased traffic, safety of the children at the bus stop and walking to school, and the ability for
safety vehicles to maneuver through the property.
Recess — 8:27 PM — 8:34 PM
Jason Searl, Attorney with Gray Robinson, addressed 7 of the 11 audience questions related to
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Regular City Commission Meetin�j,
May 21, 2024
density, zoning use, wildlife concerns specific to the eagle's nest, and devaluation of homes. He
further asked the traffic experts to address the traffic related concerns.
Ayman As-Saidi, Vice Present of Engineering with Traffic & Mobility Consultants, provided
testimony explaining that the crash data from FDOT and the signal warrant study, which included
crash analysis, did not warrant the need for a traffic light. He suggested that adjusting the timing
of the signal at Clarke Road and AD Mims Road after the widening could help improve traffic
flow. Mr. Searl confirmed with Mr. As-Saidi that the traffic impact analysis, including the
conclusion regarding the traffic signal warrant analysis, was submitted to the City and reviewed
by the City's consultant. Mr. As-Saidi answered in the affirmative.
James Taylor, Kimley Horn, provided testimony that he was engaged by the City to review all
traffic -related materials submitted by the applicant. He stated that comments were exchanged,
but after reviewing the responses, they concurred with the findings that the traffic volumes and
crash data do not currently warrant a signal.
The public hearing was closed.
Commissioner Kennedy asked for the low density to be explained. Development Services
Director Rumer explained the calculation of density as outlined in the Land Development Code.
Commissioner Kennedy inquired whether any additional mitigation had been submitted in
response to the comments made on April 16th regarding the traffic concerns. Development
Services Director Rumer addressed his question. Commissioner Kennedy shared a
comment made by Mr. Searl during the last City Commission Meeting, where he stated that he
could not foresee the concerns raised by citizens, despite these same concerns being voiced at
the Planning & Zoning Commission. Mr. Searl thanked the Commissioner for allowing the
continuance of this item, and further defended his previous comment by explaining his support
for his response. Commissioner Kennedy asked Mr. Searl what type of expert witness would
be the best person to speak about the character of the City. Mr. Searl addressed his question.
Commissioner Wilsen emphasized that City Commission members are also residents who
empathize with the concerns raised by citizens regarding wildlife, trees, and other factors.
However, in this quasi-judicial proceeding, the central question is whether they possess the
authority to reject the property owner's development rights. City Attorney Ardaman clarified
that the question is whether the information presented is sufficient and competent enough to
meet the criteria for rezoning based on their determination. He further explained the need to
determine if the testimony presented meets the criteria, Commissioner Wilsen noted that the
primary concern expressed in the numerous emails received, as well as in tonight's testimony,
was related to traffic issues, which can be addressed during budget discussions to consider
installing a traffic signal. It did not seem that the residents wished to deny the development of
new homes. She further commented that if the project is approved, she would like the City
Commission to advocate for a traffic light at the intersection in question.
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Regular City Commission Meeting
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Commissioner Firstner thanked everyone who spoke and shared their concerns. He noted
that, unfortunately, most of what he heard were opinions and speculations about the project. He
did not hear any testimony on studies conducted or professional evidence that contradicts or
refutes the applicant's presentation. Therefore, his decision will be based on the law, and he
agrees that a traffic signal is needed at Ocoee Vista Parkway and Clarke Road.
Commissioner Oliver expressed his gratitude to those who attended this evening to voice their
concerns about safety issues. He also asked whether there is a notice requirement for a quasi-
judicial hearing and inquired if the residents were informed about it. City Attorney Ardaman
addressed his concerns and explained that required notices were published for the hearing and
the residents were properly noticed. Development Services Director Rumer clarified the steps
involved in advertising legal notices, posting property, and notifying nearby property owners. He
mentioned that all meetings are quasi-judicial, but since there's no magistrate present, the City
usually doesn't administer oaths for testimony. City Attorney Ardaman further explained that
all laws have been complied with and should the City Commission wish to change the properly
adopted rules, they can do that in the future. Commissioner Oliver emphasized the necessity
for additional notifications when related to quasi-judicial proceedings. He went on to mention that
the City Commission is obligated to adhere to the rule of law, and cited the case law provided by
the applicant. He then outlined the concerns expressed by residents tonight, asserting that they
are not supported by the case law examples provided. Additionally, he discussed the implications
of science and human behavior, noting that these aspects were not adequately addressed.
Mayor Johnson addressed the criticism regarding the City's image, he highlighted the
community's family -friendly environment and its positive attributes. He expressed that property
values in the City are on an upward trend, contrary to any testimony of decline, and interpreted
the testimony heard tonight as primarily addressing traffic issues.
Commissioner Kennedy remarked that he did not hear any objections to the development itself
but noted that residents preferred the original plans when they bought their homes, which
involved single-family residences. Mayor Johnson added that there was testimony expressing
opposition to further development.
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Moved by Commissioner Firstner, Seconded bV Commissioner Wilsen.
Commissioner Wilsen expressed gratitude I
Johnson addressed the necessity of a traffic
should take place during the budget session.
) Commissioner Oliver for his remarks. Mayor
signal and suggested that discussions about it
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Commissioner Oliver — Commented on the following:
1 ) Announced the light at Clarcona Ocoee Road is now operational and the speed limit has
been reduced from 45 mph to 40 mph.
2) Spoke with the County Mayor and his staff regarding safety issues on the West Orange
Trail and found out that they are interested in coming up with solutions to give pedestrians the
right-of-way. More information is forthcoming.
3) Announced the last day of school is Friday, Memorial Day is on Monday and that is the
official start of summer, so everyone needs to be cognitive on summer safety.
4) Announced that it is bicycle safety month.
5) Announced that hurricane season is from June 1 st until November 30th and urged everyone
to become hurricane prepared.
6) Concluded with an inspirational quote.
Commissioner Firstner — Commented on the following:
1 ) Invited everyone to the Memorial Day Service on Thursday, May 23rd at the Oco.'ivio
Lakeshore Center at 11:00 AM.
Commissioner Wilsen — Commented on the following:
1 ) Gave kudos to the Police Department on a successful Community Picnic
2) Announced that the Asian American Pacific Islander Event was a successful event.
3) Announced the Golden Goal Sports (GGS) Youth Soccer Academy's 2008 Gold Team won
the State Cup, this weekend, which is the highest program competition at the State level. Mayor
Johnson announced GGS were also the recipient of $10,000 from their sponsor VMG.
4) Announced a ribbon cutting for a new grocery store on Thursday at 10:00 AM.
5) Asked for clarification on if HOA meetings are private meetings or open to the general
public. City Attorney Ardaman stated that it is up to the HOA, but cautioned on two or more
members of the City Commission being present and encouraged a notice be posted, if that
occurs.
Commissioner Kennedy — Commented on the following:
1) Thanked those in the audience that were still at the meeting for being engaged and
participating.
2) Remarked that this is the second time that Commissioner Oliver has announced his
meetings with Orange County Government. He instructed staff, the Mayor, and the City Attorney
to investigate what can be done to stop this, as it violates their rules and procedures.
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Mayor Johnson — Commented on the following:
1) Urged each member on the City Commission to have the ability to make decisions on
development, regardless of whether residents agree or not.
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