HomeMy WebLinkAbout04-01-08
MINUTES
OCOEE CITY COMMISSION
April 1, 2008, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
I A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7: 15 p.m. in the Commission Chambers of
City Hall. Commissioner Keller gave the Invocation and Commissioner Johnson led the Pledge
of Allegiance to the Flag. City Clerk Eikenberry called roll and declared a quorum present.
Roll Call: Commissioner Hood (absent), Commissioner Anderson, Mayor Vandergrift,
Commissioner Keller, and Commissioner Johnson.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
I B. PRESENTATIONS AND PROCLAMATIONS
Proclamation - April 2008 Water Conservation Month (read during Comments from
Citizens/Public)
Ocoee Police and Fire Explorers - The Explorers would jointly like to thank the
Commission for their support and provide them with an update on their activities and
futu~e plans - Lt. Joe Moy. (Fire Chief Firstner)
Lt. Moy, Advisory for Fire Explorer Group, announced that they were there to acknowledge the
kids, their parents, staff, and everyone's support to their organization. He presented Fire Chief
Firstner with a Certificate of Appreciation thanking him for his support of the Fire Explorer
Group and allowing him the opportunity to be their advisor. Fire Chief Firstner thanked the
Explorers and Lt. Moy for the certificate and said what a great job the group has been doing.
Lt. Moy also presented a Certificate of Appreciation to Officer Byrd for all of her support to the
Fire Explorer program and all of the help she has given to him. He further thanked Officer
Grogan and Maroney for their assistance as well. Officer Byrd announced that she was the
D.A.R.E. officer for Ocoee and the co-advisor for the Police Explorers, along with Officer
Grogan who was out of town this week. On behalf of the Ocoee Police and Fire Explorers, she
presented Police Chief Reffett with a Certificate of Appreciation for his continued support of
their programs as they continue to grow. Police Chief Reffett thanked them for that
acknowledgement and thanked the parents for allowing their children to be a part of their
program.
Daniel, Police Explorers Treasurer, presented a plaque to the Mayor and Commissioners
thanking them for their support. Mayor Vandergrift said they were very proud of the children.
David Boydin, Administrative Vice-President of the Fire Explorers, presented a Certificate of
Appreciation to the Mayor and Commissioners for their support. Rachel Galette, President of
the Police Explorers, announced that they went to Spring Lake Elementary and painted over the
graffiti that was on the front fence so the kids would see a good influence. Ashley Gibson, Lt.
for Fire Explorers, said they would be participating in the Safety Spring Fling on Saturday by
having a trailer teaching about fire safety. She also said they would be finger-printing children at
the Safety Spring Fling. A group picture was taken.
City Commission Regular
April 1, 2008
Commissioner Johnson asked how many people were involved with the Fire Explorers. Lt.
Moy said they have 10-11 kids now. Commissioner Johnson said it would behoove them to get
the Fire Explorers a van like the Police Explorers have and encouraged Commission to try to get
them one.
Mayor Vandergrift announced and acknowledged some scouts in the audience who were
working on getting their Citizenship Awards.
I C. COMMENTS FROM CITIZENS/PUBLIC
Rosemarie Morganto, 11012 Groveshire Court, Windermere Grove Subdivision, asked what
services were available to the citizens within the subdivisions because it seems they get mixed
signals. She asked if those citizens pay the same millage rate as others and was told they did.
She said the street sweepers do not come into their subdivision and thought they should get the
same services as everyone else if they pay the same taxes. Commission thought they should
have their streets swept just as the others do and Public Works Director Krug nodded that he
would check into making that happen. Mayor Vandergrift said the city should look into an
agreement with the HOA to enforce their deed restrictions. Commissioner Anderson asked
about having a policy from staff for all private roads in the City.
Without obiection, City Commission aareed to have staff look into it and brina
back a policv.
Paul Forbes, President of Crestwood Heights HOA, commented on the reclaimed water lines on
the north side ofHwy. 50. He said the City required Morrison Homes put in a certain amount of
landscape; however, they do not have reclaimed water available to keep that landscape alive.
Their water bill is very high due to that situation. Commissioner Anderson said he thought that
area had been planned for reclaimed water when they ran lines across the road. City Engineer
Wheeler, said they ran out of money before they made it to the forth project and were not able to
get the pipeline across Hwy. 50 due to problems working things out with DOT. He added that
they were connected to the reuse system but were being served by public water through a jumper
right now and was being charged at the same rates as if it were drinking water. Mayor
Vandergrift said he would like our water person, Diana Wagner, to get with the HOA to see if
there is a way to fix that problem. City Engineer Wheeler said they were putting the CIP
budget together now for next year. He said the problem is crossing Hwy. 50 and connecting
those lines and the project cost is estimated at $600,000 - 700,000. Commissioner Anderson
asked Mr. Forbes to complete a speaker form with his information and he would be in contact
with him. Diana Wagner agreed to work with them on trying to find a temporary solution to
lower their water costs.
PROCLAMATION - Mayor Vandergrift read a proclamation declaring April 2008 as Water
Conservation Month. Diana Wagner thanked him for passing the proclamation and announced
that the April Campaign to "Take the water savings challenge home" would hopefully reduce
water usage. She added that they would be participating in the Safety Spring Fling to teach
about saving water. Also, on April 26th they have their Annual Landscape & Irrigation Seminar
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City Commission Regular
April 1, 2008
from 9 a.m. to 1 p.m., whereas they will have four speakers present, a butterfly garden lesson,
vegetable garden lesson, etc.
Commissioner Anderson asked Diana Wagner to explain Florida Water Star. Diana Wagner
said the Water Star Program is mainly for developers and builders, but also encouraged to
existing homeowners. She explained the three sections of the plan: indoor, outdoor and
irrigation that are based on a point system. It allows developers the freedom to come up with
their own ideas of how to save water in the homes and they are allotted points for certain features
they choose. Commissioner Anderson said that if they adopted it, then it would make their
water efforts universal state-wide with the point system and their standards would be consistent.
Mayor Vandergrift warned people that they look for water violators at 2 a.m. so they should
check their irrigation times to be sure they are correct. Commissioner Anderson reported that
they are also looking at soil sensors rather than using water sensors.
Rosemary Wilsen announced that the Safety Spring Fling would be this Saturday at Bill Breeze
Park and is for families" not just the children. She said they will have food, prizes, many
sponsors and this will be the best year ever.
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Kellen - reminded everyone that the last play for OHS will be April 22-26, and
encouraged people to come out and watch the High School Musical.
CommisSIOner AndersOJi - invited his brother-in-law, Cary Grant, who just retired 24 years
from the army and welcomed him home.
Mly.or Vandergtif! - read some thank you letters from the S.T.A.R.S. staff and Sister Beckham
from the Mormon Church for City support of both. He announced the Central Florida Fair was
April 17-27 and asked them to look for their booth, sponsored by the Lions Club. He said the
Apopka Florist Festival would begin April 26th with an opening ceremony at Kitland Park
Gazebo.
EMERGENCY ITEM - Approval and Authorization for the Mayor to Execute Quit-claim
Deeds, Utility Easement, and Temporary Construction Easement for 182 Lakeshore Drive.
City Engineer Wheeler explained that in order to complete the Lakeshore Drive project they
had to take care of some issues with the property line at 182 Lakeshore Drive, which extended
farther out into the roadway than what the property appraiser showed. He said they negotiated a
settlement with the owner by creating two quit claim deeds, a utility easement for a storm drain,
and a temporary construction easement to go onto his property. The cost is $10,000 to purchase
a small section of the property in the owner's front yard and extends into the roadway.
Commissioner Anderson, seconded by Commission Keller moved to approve the
emeraency item and authorize the Quit claim deeds and purchase of property in
the amount of $10,000. Motion carried 4-0 with Commissioner Hood absent.
I E. CONSENT AGENDA
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City Commission Regular
April 1, 2008
Commissioner Anderson asked for clarification how much money was left to secure the rest
of the entertainment. Commissioner Johnson said approximately $10,000. Discussion
followed regarding the cost of Founders' Day and the donations and volunteerism received.
City Attorney Rosenthal said this item needs to be pulled from the agenda because there
was issues with the documents from Colonial Bank supporting the Letter of Credit do not
comply with Florida Law and the City cannot execute it at this time. They are awaiting a
response from the bank.
This item was pulled from the aaenda to be heard at a future date.
I F. PUBLIC HEARINGS
SECOND READING
15. O~ange County Belmere PD. (Advertised in the Orlando Senti~el Orange &;;;;on Thursday, ifurcnl'
20 2008. and March 27. 2008).:....(Princinal Planner Rumer) ,
The developer is proposing to develop 216 multi-family units, 85 ACLF units and up to 42,960 s.f. of
commercial on Tract H. In order to accommodate the developer's residential plans, the City will need to annex
the property and amend the LUP for Tract H. More specifically, the 202 single-family units currently approved
for Parcel H will need to be changed to 216 multi-family units and 85 ACLF or ALF units. This will be
accomplished by (1) converting the 202 single-family units to 202 multi-family units using the land use
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City Commission Regular
April 1, 2008
conversion formula and (2) recapturing the equivalent of 26 residential units for conversion to 85 ACLF units
and 2 multi-family units.
I a. Annexation, Parcel H, Ordinance 2008-005
City Attorney Rosenthal read the title of the annexation ordinance.
Principal Planner Rumer gave a presentation that covers all three items being considered for the
Belmere project, including the additional condition to the PUD to raise the height to 45 feet. He
reviewed the significant improvements to Roberson Road that the developer has agreed upon.
City Attorney Rosenthal reviewed the changes to the amended Annexation and Development
Agreement, by going over a black-lined copy of the agreement that highlighted the changes that
had taken place since the draft version was included in the agenda packet. Changes resulted
from conversations between staff and the Developer with issues related to Roberson Road and a
paragraph dealing with recitals with respect to the status of the property as it relates to schools.
City Attorney Rosenthal explained that in Section 3, they are not rezoning the property upon
annexation into the City and the City is agreeing at the developer's request to keep the existing
County zoning in place except to the extent that the owner of the property may request revisions
to the Orange County zoning. The revisions before the Commission tonight, which was
requested by the owner, is the substantial change amendment; however, in connection with the
review of the specific development plans the developer has agreed that the actual development
would be subject to provisions of the Ocoee Land Development Code (LDC) not withstanding
the continuation of the Orange County zoning. The developer is also agreeing to develop the
property in accordance with the revised Tract H, PUD Land Use Plan and the conditions of
approval set forth therein, which is part of the substantial change. In order to implement, the
developer has agreed in the developer's agreement to subsequently process an amendment to the
approved preliminary plan, which is a plan approved in Orange County and a replat of Lot 1 of
the plat of Maguire Shoppes II. That plat is required to be replatted prior to any develop outside
of the commercial property. City Attorney Rosenthal stated there are a number of existing
Orange County approvals being recognized by the City of Ocoee and will continue to remain in
place following the annexation. This is typical to what we have done historically, when we have
a property that has approvals in Orange County, we have generally tried to recognize the existing
Orange County approvals and transition them into Ocoee. The specific approvals include an
Orange County Concurrency Vested Rights Certificate, an Orange County Site Permit for the
existing work going on, an approved Preliminary Plan (Belmere Development Parcel H, Villas at
Belmere PSP), an approved Plat which has been recorded, building permits, and FDEP and St.
John's Water Management permits. Following annexation and in connection with the
development of the property, there is right-of-away along Roberson Road and sidewalk
easements along Roberson Road which will be dedicated to the City with no road impact credits.
There is an existing CVS and a retail building that is currently under construction in which
Orange County has issued building permits; therefore, a provision was put in place to deal with
the transitioning of an on-going commercial project into the City of Ocoee. The City is
recognizing all of the Orange County building permits and will not be further reviewed by the
City. They are going to attempt to have Orange County continue to complete the inspections of
the building and certify to the City when it is complete so the City can issue the C.O. but if
Orange County for whatever reason does not want to continue those inspections then the City
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City Commission Regular
April 1, 2008
would complete the inspections and they would not require that they pay any additional
permitting fees to the City of Ocoee. There is also a provision which specifically acknowledges
that this property is in the, City reclaimedlre-use water service area so by annexing it, it will
become a re-use customer of the City of Ocoee. It is currently in the Orange County sewer and
water utility service and would remain there without annexation. As mentioned before there are
a number of improvements which the City is going to make to Roberson Road which would not
be required under the Orange County approvals. The Development Agreement states that the
road impact fees, approximately a million dollars being paid by this project, are going to be spent
on improvements to Roberson Road. The developer is agreeing to make those improvements on
an upfront basis so instead of the City having to spend $1.3 million cash to do a, capital
improvement project to improve Roberson Road they are going to pay the developer for those
improvements with the road impact fee credits, so essentially to the extent that the road
improvements go forward prior to the time cash is paid to the City instead of the City having to
put out cash. If the developer pays road impact fees first before he is due reimbursement with
respect to the road improvement project, then the road impact fees that have been paid by the
City will be paid back to the developer first and then they will start to give out the credits. City
Attorney Rosenthal stated there are a number of logistical provisions but essentially the
developer is going to engineer, design, permit, and construct on behalf of the City as a City
project, the Roberson Road improvements. There are some improvements under the Orange
County Plan would have been done in Orange County; if the developer did those improvements
and then the City later came in to correct and make improvements to Roberson Road, those
expenditures made pursuant to the Orange County Plan, to a large extend would be throw-aways.
Instead, the developer is basically paying for that as part of the Roberson Road improvements,
the dollar amount is not known at this time. The first step according to the Annexation and
Development Agreement is the get the engineering moving so it can go out to contract through
the developer. That will be a city project under separate contract and a number of review
procedures are set forth in the agreement.
City Attorney Rosenthal stated there is a change to Section 9F which deals with a timing issue.
If the developer finished the whole project out before all the designs and construction contracts
were ready to go for Roberson Road; if that happens then a 15 months time span would be
imposed and after the 15 months the developer would have the option to come before the City
and say they are done. At that point, the City would have to improve the roads as a City project,
but the Road Impact Fees would be available to fund the project. The main factor is that they do
not know to what extent if or/any additional right-of-way or stormwater pond requirements in
connection with the Roberson Road improvements. The hope is to minimize any requirements
for additional right-of-way and additional stormwater retention ponds, but we don't have those
answers until we get into the hard engineering. If they do have the additional right-of-way and
additional stormwater retention ponds, then it would be the responsibility of the City to acquire
at the City's expense and that would push back the time line for construction until they have any
opportunity to complete those improvements.
City Attorney Rosenthal advised the Commission that there is a specific provision that provides
for that property to continue to have a Windermere, Florida mailing address and zip code. He
stated that they have put in the Developer's Agreement that they are not going to ask the Post
Office to change that and if the post office tries to change it the City would oppose it. With
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April 1, 2008
respect to schools, they added a provision that reflects in the public records the existing vesting
under the Martinez Doctrine in Orange County, because everything is happening within the same
parameters of the PUD previously approved by Orange County, there is not any issue of school
capacity. They are in the process of implementing concurrency which technically is supposed to
take effect today but none of the local governments have adopted the concurrency yet. There is a
possibility that the school concurrency will be implemented at the time the project starts to pull
their building permits or plan approvals. There is a draft for an interlocal agreement that
exempts anybody with any project within the County and City in which the developer will have
to fill out an application saying they need an exemption from the concurrency based on their
previous approvals. They believe this project will meet that concurrency exemption but because
they are talking about regulations that have yet to be implemented by any local government they
can not say that from a definitive standpoint because no action has been adopted. They have
added in the developer's agreement some fact statements, which the developer will present to the
City, if they are required to submit an application to the City claiming an exemption from the
school concurrency.
City Attorney Rosenthal clarified one comment from the staff report that the actual fee owners
that are entering into the annexation and development agreement are Maguire Shoppes II, LLC,
Maguire Roberson, LLC, and Maguire Shoppes Commercial Owners' Association, Inc. Those
entities are related to the Unicorp Corporation. Staff recommendation with respect to the
development agreement would be that the City Commission approve the annexation and
developer agreement for the Belmere Planned Development, along with such changes as may be
requested by the City Engineer with respect to provisions relating to Roberson Road, and
authorize execution thereof by the Mayor and City Clerk.
Mayor Vandergrift opened the Public Hearing.
Chuck Whittall, Unicorp Management, gave an overview of the project that he said is a greatly
improved project that what is currently proposed in the County with Pulte Homes. He said they
purchased property from Borden in 1995 and they working with Pulte homes at the time, sold a
portion of the east side of intersection and some on the west to Pulte homes. Pulte had a very
dense townhouse project proposed, with 18 foot wide townhomes with single garages, and then
determined that the project would not be viable with the conditions of the market. He said this
decision gave them back the property and gave them a great opportunity to come to city and
consider annexation to create a much better development. He highlighted the following
regarding the proposed development:
. Unicorp agreed to spend their impact fees to improve the roadways and traffic around the
development.
. This project will create about $600,000 per year of tax income for the City.
. Height of the buildings raised to lower density, maintain integrity and beauty of the
entrance, bring buildings closer to the center of property so they circle around water and
get away from the neighboring houses.
. More open space, 50% density of previous approval.
. Traffic will be less than before the project, with an improved intersection.
. Zoning existed before the first building was built.
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City Commission Regular
April 1, 2008
. Residents such as Chris Hines are claiming not to know about the zoning surrounding his
property, however he purchased house in 2003, seven years after it was zoned for
apartments.
. Crime is not going to go up because it is apartments as opposed to townhomes. It is not
like Metro West, it does not have the surrounding crime problem.
. There will be increased vegetation to 200-300% of city code, mature trees will be planted
to block any visual impact on the residents of the homes in Belmere
. Apartments will be gated, criminal background checks will be done on tenants, unlike
townhome project.
BREAK 8:55 p.m. - 9:03 p.m.
Commissioner Anderson asked about the line of sight to the residents' homes in Belmere.
Chuck Whittall showed a diagram of a sight line from a person on the third floor looking
downward from 150 feet away. A 12 foot tree would block the visibility into the residential
units; they have already agreed with staff to plant mature trees that are 17' to 18' tall. He added
that a 35 foot building closer to the residents would create a lower sight line.
Commisisoner Anderson asked Mr. Whittal if they would be willing to comply with the new
landscape ordinance, i.e. WaterStar, when it is adopted. Mr. Whittal said they are an eco-friendly
developer and they always build beautiful landscapes so they have no problem with that.
Chris Hynes, 11542 Vicolo Loop, President of Belmere HOA, said the most important thing is
to become better neighbors and better stewards to the neighbors; he spoke with Commissioner
Johnson regarding the previous board not being very active in the community and they are new.
He said they do not feel that they were given ample notice as to what was happening with Tract
H. He asked that this item be tabled until they have more time to be involved. His attorney was
not able to be present tonight, nor did they have time to get response from the community. He
said the applicant did not contact them to discuss changes. He said the applicant is applying for
a substantial "variance" and does not meet the requirements. He said the proposed commercial
uses potentially violate the zoning designation and constitute a leap-frog zoning pattern. He
stated concerns about impact to traffic and schools. He said he doesn't think the City has the
Authority to approve a Substantial Land Use Change prior to annexation into our City.
Commissioner Anderson said, in looking at this project, it appears that they are getting a lot of
road improvements and benefits from this project; compared to the project previously proposed
by Orange County where the Road Impact Fees would have gone elsewhere, he does not
understand why he cannot see the benefits. Mr. Hynes said the are taking a proactive stance and
want to participate in the process. Commissioner Anderson asked who wanted to keep the zip
code and name in Windermere? Mr. Hynes sat that is a nominal issue, compared to the issue of
the height increase, traffic flow, etc. that he stated earlier.
Commissioner Johnson said that one of the benefits of this for the City is getting the tax dollars
and putting the money back into road improvements. For instance, Maguire Road improvements
were accomplished because of our working relationships with the developers. He said he looked
at the building heights again today and asked Principal Planner Rumor to confirm heights in the
area. Principal Planner Rumor said these heights have been approved in other locations such
as Key Isles, and Cross Creek. He said we have made a lot of effort to make sure we do what we
need to do for the citizens.
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City Commission Regular
April 1, 2008
Commissioner Anderson reiterated how much work the City did on Maguire Road at our cost
that benefitted everyone in that area. He said the County did not improve the roads after
Belmere came in and they collected impact fees.
Commissioner Johnson added that there is no other areas where you can find three elementary
schools in close proximity. He said what name they want to go by is not important anymore, as
long as the tax dollars are coming to the City so we can continue to make improvements to the
area.
Commissioner Keller received an email from Ms. Franklin, who is concerned about the
decrease in property values if they become part of Ocoee. He thinks it is important to understand
why they want to remain Windermere because he had the same issue when he moved to Sawmill
with a Pine Hills zip code and lower property values. He added that the Fire Services were
mentioned as well, and we do already cover that area under an Interlocal Agreement. We don't
go looking for areas to annex, we generally allow the residents to make that request. He thinks
the plan proposed by Ocoee is far better than would "could have been" with Orange County. He
said with the extra landscaping, additional road improvements etc., it is a win/win situation for
the city and the residents.
Commissioner Johnson said, with regard to the heights, the developer is going to add extra
landscaping along Thornebrooke to help out the site line in Windsor Landing.
Mr. Hynes said Key Isle is back of the road and hidden where this development is closer to the
road.
Richard Montgomery, Board of Directors of Belmere HOA, said he can appreciate tax base and
budget issues. He complimented Unicorp for working with the staff and coming up with an
attractive development. He said residents filled the Commission Chambers at the P and Z
Meeting, and now that they are more informed, they are less concerned about what is being
proposed. The P and Z did a good job requesting a better landscape buffer. The discussion
regarding the issue of crime calmed a lot of concern. He said that he felt that there was not
enough notice, the Belmere Residents did not know what was happening until the Pine Trees
disappeared. Mayor Vandergrift said that was under Orange County and they held Public
Hearings. He said there is a world of difference between Unicorp and the way Pulte Homes were
previously handling things. He asked for clarification on approval dates that appeared to be
different in the Developer Agreement and the P and Z Board agenda item. He said they are not
here to block this project, they just want to be part of the process so their concerns are heard.
Ryan Kindig, 11585 Acola Loop, expressed that his main concern is the height increase 45 foot
and turned in a petition with 130 signatures of residents with the same concern.
R.P. Monacky, asked if the Fire Department can handle three story buildings in a small confined
area and Lt. Stanley advised that they have reviewed the plans and approved it from the aspect of
fire issues.
Rod Mathis, 11608 Vicolo Loop, said that all they are looking for is some input with the
Commission and Developer and hopes there can be some arbitration to work through the issues.
He said he was misquoted/edited a conversation which made it appear that they were hostile
toward the City of Ocoee and against any annexation. He felt the current plan is flawed, though
he thanks Unicorp for their efforts to decrease density and pull the buildings further from the
residences.
Commissioner Anderson asked about looking into two story buildings. Commissioner
Johnson said he spoke to the Developer and going to two stories would cause them to add four or
five buildings which would change the design and push the buildings back out toward the
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City Commission Regular
April 1, 2008
property lines. He added he takes exception to the notion that no one knew about this project;
250 people attended the P and Z meeting so they obviously knew, only 25-30 people and still
showed concerns by attending the meeting with the Developer and the Public Hearing tonight.
Kevin Richter, 1406 Long Meadow Way, said they have received repeated emails saying that
Belmere is also going to be annexed and asked for clarification. The Commission said that is not
going to happen.
City Attorney Rosenthal clarified how the City has the authority to change the PUD when it is
not in the City yet. He advised that the first item on the agenda is the annexation and only if that
passes will they consider the changes to the PUD. He also clarified a question about conflicts
over approval dates in the plan and the development agreement; he stated the Plan shows that in
Feb 2006 the County Commission approved a substantial change to the Land Use Plan approving
the 202 single-family units, the next step was the Preliminary Subdivision Plan which took place
in January 2007, and that is what is referenced in the Annexation and Development Agreement.
He said there was a question raised abou~ a variance and wanted to clarify there is NO variance
proposed by the applicant or being considered by the Commission tonight; what is being
considered is a substantial change to the Land Use Plan and that process would be the same in
the County as in the City.
Mayor Vandergrift closed the Public Hearing.
Mayor Vandergrift said they City of Ocoee has done something few other cities have done by
assisting the School Board in purchasing land inexpensively to develop Thornebrooke
Elementary even though 75% of the students ended up being from Gotha. He added that the
county refused to four-lane Roberson Road and the City got bond financing to improve that
roadway even though it benefits more people who are not Ocoee residents. The Commission is
doing its best to do what is right for everyone.
Commissioner Keller said the money will be better served if the City has that piece of property.
If it reverts to the County, the Road Impact Fees will not be used in the neighborhood. We need
the tax revenue to offset expenses for the money we are spending delivering services to that area.
Commissioner Anderson said in 1995-96 Gordon Nutt came in with a plan of RI-A lots that
were going to be 50 feet. He wanted to annex into Ocoee. We did not feel this is what we
wanted in Ocoee. He went back to the County and worked out a deal to do Belmere the way it is
today. He said the Mayor pushed the idea of needing schools for all of the new residents
entering this area and was told by Superintendent Smith that there are no schools on the radar in
that area. Once Ocoee started talking about chartering a school in that area, magically
Thornbrooke was fast-tracked and built in one year. Within five years, two more schools were
built. He told the Belmere residents he understands their issues, but feels this project is much
better that the one being proposed by the County.
Mayor Vandergrift added that Ocoee has a law that if you buy a house and there is vacant land
around, the developer has to disclose any knowledge he has about what is going to be developed
there.
Commissioner Johnson added that we have turned down many opportunities to annex this
property because we did not agree with the projects that were proposed. Notwithstanding the
issues the tax revenue, this is just a better project than what is proposed by the County.
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City Commission Regular
April 1, 2008
Commissioner Johnson, seconded bv Commissioner Anderson. moved to adopt
Ordinance No. 2008-005, approvina the annexation of 26.64::!: acres of land known as
Belmere PD Parcel H, with consideration of the Plannina and Zonina Commissioner
conditions. subiect to the execution of and approval of the Annexation and
Development Aareement. Motion carried 4-0 with Commissioner Hood absent.
The ordinance, as adopted on second reading, carries the following title:
ORDINANCE NO. 2008-005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA. CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 26.65 ACRES LOCATED WEST OF AND ADJACENT TO MAGUIRE ROAD
AND SOUTH OF AND ADJACENT TO ROBERSON ROAD AT THE SOUTHWEST QUADRANT OF
THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; ANNEXING ADJACENT PUBLIC
ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF; FINDING SAID ANNEXATION TO
BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE.
b. Substantial Change to the Land Use Plan
City Attorney Rosenthal said this item is also a Public Hearing. The staff recommendation is
that the City Commission approve the Substantial Change to the Orange County Belmere PD
Land Use Plan to permit 216 multi-family units and an 85 unit ALF, including removal of the
condition prohibiting the transfer of unused residential units from Tract A-F to Tract H and
permitting the multi-family and ALF to have a maximum height of 45 feet; and further subject to
the annexation of the property, the execution of the annexation agreement, and the developer
providing a substantial visual buffer to the adjoining properties; and further approve the revised
Tract H PUD Land Use Plan date stamped as received by the City on March 4,2008.
All comments from the previous Public Hearing carryover.
Mayor Vandergrift opened the Public Hearing.
Planning Director Wagner said to include the Florida WaterStar and the trees on Thornebrooke
as part of the motion.
Mayor Vandergrift closed the Public Hearing.
Commissioner Johnson. seconded bv Commissioner Keller moved to approve the
substantial chanae to the Oranae County Belmere PD land Use Plan to permit 216
multi-familv units and an 85 unit AlF. includina removal of the condition prohibitina
the transfer of unused residential units from Tract A-F to Tract Hand permittina the
multi-familv and AlF to have a maximum heiaht of 45 feet: and further subiect to the
annexation of the propertv, the execution of the annexation aareement. and the
developer providina a substantial visual buffer to the adioinina properties: and
further approve the revised Tract H PUD land Use Plan date stamped as received bv
the City on March 4, 2008: and to include the Florida WaterStar Conservation
ProQram and additional trees on Thornebrooke as discussed toniaht. Motion carried
4-0 with Commissioner Hood absent.
Page 11 of 15
City Commission Regular
April 1, 2008
c. Annexation and Development Agreement
Commissioner Johnson. seconded by Commissioner Anderson moved to
approve the Annexation and Development Aareement to the Belmere Plan
Development alona with such chanaes that may be reQuested by the City
Enaineer with respect to the provisions relatina to Roberson Road, includina the
chanae for two years to 15 months in Section 9, and authorize execution thereof
by the Mayor and City Clerk. Motion carried 4-0 with Commissioner Hood absent.
I 16. Lake Butler Professional Campus. (Advertised in the Orlando Sentinel Orange Extra on Thursday,
March 20. 2008). (Senior Planner Howell)
Lake Butler Professional Campus is approximately 14.11 acres in size and is located at the northeast comer of
the intersection of Maguire Road and Tomyn Boulevard. The proposed development is located on Lot 1 of the
Villages ofWesmere subdivision, and is the third and final lot proposed for development. The Preliminary/Final
Subdivision Plan - Preliminary/Final Site Plan proposes the construction of 7 buildings totaling approximately
165,772 square feet in area. Uses proposed range from retail, restaurant, professional and medical offices.
a. Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan
Senior Planner Howell gave a summary of this item.
Mayor Vandergrift opened the Public Hearing.
Mayor Vandergrift closed the Public Hearing.
Commissioner Johnson, seconded by Commissioner Anderson moved to
approve the Preliminary/Final Subdivision Plan and - Preliminary/Final Site Plan
for the Lake Butler Professional Campus as recommended by staff. Motion
carried 4-0 with Commissioner Hood absent.
I b. Development Agreement
Commissioner Johnson, seconded bv Commissioner Keller moved to approve
the Development Aareement for the Lake Butler Professional Campus between
Lake Butler Professional Center LLC and the City of Ocoee and authorize
execution by the Mavor and City Clerk. Motion carried 4-0 with Commissioner
Hood absent.
i7. Shoppes at West Oaks - Preliminary/Final Site Plan. (Advertised-lD the Orlando'
Sentinel Orange Extra on Thursday, March 20, 2008). (Principal Planner Fabre) (TOt
BE CONTINUED TO APRIL 15, 2008, CITY COMMISSION MEETING) ..J
The subject site is approximately 8.46 acres in size and is located on the south side of W. Colonial Drive (SR
50) approximately 580 feet west of Good Homes Road and just east of Vizcaya Lake Road. The site itself is
currently undeveloped and sparsely covered with a mixture of orange trees, chinaberry trees, palms and other
varieties of trees scattered around the property. There are no wetlands on the site and the site is outside the 100-
year floodplain. The Preliminary/Final Site Plan is proposed to be constructed in four phases. Phase I is
programmed to be a 'one-story Grocery Store (Aldi Supermarket) consisting of 16,527 square feet. Phase 11 is
proposed to be a Retail Building consisting of 27,363 square feet that will be attached to the Grocery Store.
Both the Grocery Store and Retail Building will be setback from SR 50. All infrastructure needed for Phase I &
11 will be developed at the same time. Phase III & IV will consist of two commercial establishments that are
Page 12 of 15
City Commission Regular
April 1, 2008
proposed to front along SR 50. Both developments will be reviewed and approved as small-scale site plans. One
establishment is projected to be a 4,052 square feet fmancial bank with a drive-thru. The other is designed as a
Restaurant with a drive-thru consisting of approximately 3,870 square feet.
Mayor Vandergrift opened the Public Hearing.
This item was continued to the next regular Commission Meeting on April 15, 2008, at 7:15
p.m. or as soon thereafter as may be heard.
8. Orange County Ocoee Telecommunication Tower - Special Exception. (Adv;rlised i~the'
Orlando Sentinel Orange Extra on Thursday, March 20, 2008). (principal Planner Fabre) (TO BE!
CONTINUED TO APRIL 15, 2008, CITY COMMISSION MEETING AT THE REQUEST OJ'
THE APPLICANT) -
The subject site is approximately 7.64 acres in size and is located on the south side of (475) West Story Road.
The actual lattice tower will occupy a small portion (75 feet by 75 feet) of the site located on the southwest
comer. The property itself is currently the location of the Orange County Services Building and accessory uses.
Orange County Public Safety Communications has proposed a telecommunications facility utilizing a 280 feet
high lattice tower. The Future Land Use classification for this entire property is "Public Facilities/Institutional";
current Zoning classification is General Commercial (C-3). The property is also located in Area Three as
designated on the (Map 5-19) Telecommunications Service Facility Location Map. The proposed use of a
Telecommunications Service Facility utilizing a lattice tower requires the applicant (Orange County BCC) to
submit a Special Exception application with corresponding Site Plan. The proposed Special Exception location
under Section 5-19 is consistent with the Future Land Use Element of the Ocoee Comprehensive Plan.
Mayor Vandergrift opened the Public Hearing.
This item was continued to the next regular Commission Meeting on April 15, 2008, at 7:15
p.m. or as soon thereafter as may be heard.
I G. REGULAR AGENDA
r9. Election of May,or Pro Tem. (Q..ty Clerk Eikenbern:)
This item was postponed to the next agenda when Commissioner Hood is present.
10. Adoption of Conflict Resolution Following the Statutory Process to Resolve Coiiiiictj
with Government Agencies as it Relates to the or.ange County School Board and t~
Orange Coun!y' Commission. (May,or Vandergrift)
This Item was moved up on the agenda and heard before Item # 1.
City Attorney Rosenthal read the title of the resolution.
Mayor Vanderarift, seconded by Commissioner Keller, moved to adopt Resolution
No. 2008-006, initiatina a process. as reQuired by Florida Statutes Chapter 164, to
resolve conflict between aovernmental aaencies and includinCl Oranae County
School Board and Oranae County Commission.
Commissioner Johnson received email from Richie Dale and read it into the record. Mr. Dale
asked about how much money has been spent on the Mayor's school mission, when it appears
there are only 30 people interested. He added that the City is spending money for something that
Page 13 of 15
City Commission Regular
April 1, 2008
only benefits a few and that there should be a referendum vote of the residents as to how to
pursue this.
Commissioner Anderson said he believes Orange County would not build on this small
property, but he supports the resolution.
Commissioner Keller said they will build the school as proposed whether it is good for the kids
or not. The Board talks about giving these kids equal opportunity for education, yet this is
substandard to the rest of the schools. He added that just because people do not attend meetings,
does not mean there is not alot of support at home in the viewing audience; the residents of his
district are very concerned about this issue.
Commissioner Johnson said we should not rehash the whole issue; let's see what this resolution
accomplishes.
Commissioner Anderson asked why they can't take the proposed footprint for the three story
building and place it on Evans campus where all the sporting facilities already exist.
Mayor Vandergrift since they raised taxes they took a quantum leap between rebuilding the
school as promised to the voters and moving the school.
City Attorney Rosenthal said he will assist the City Manager with putting a letter together.
After the discussion, Motion carried 4-0, with Commissioner Hood absent.
The resolution as adopted carries the following title:
RESOLUTION 2008-006
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,
ADOPTED PURSUANT TO SECTION 164.1052, FLORIDA STATUTES, DECLARING
THE INTENT OF THE CITY COMMISSION TO INITIATE THE CONFLICT
RESOLUTION PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA STATUTES;
INCORPORATING CERTAIN RECITALS INTO THIS RESOLUTION; FINDING THAT A
CONFLICT EXISTS WITH THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA
AND THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA
ARISING FROM THE PROPOSAL OF THE SCHOOL BOARD OF ORANGE COUNTY,
FLORIDA TO BUILD A NEW EVANS HIGH SCHOOL FACILITY ON ALL OR A
PORTION OF CERTAIN LANDS OWNED BY THE ORANGE COUNTY SCHOOL
aOARD, SUCH LANDS BEING LOCATED IN UNINCORPORATED ORANGE COUNTY
NEAR THE CORPORATE LIMITS OF THE CITY OF OCOEE AND EITHER WITHIN OR
ADJACENT TO THE CLARCONA RURAL SETTLEMENT; DIRECTING THE CITY
MANAGER TO PREPARE AND FORWARD A CERTIFIED COPY OF THIS
RESOLUTION AND THE REQUIRED CERTIFIED LETTER TO THE CHAIRMAN AND
SUPERINTENDENT OF THE ORANGE COUNTY PUBLIC SCHOOLS AND THE MAYOR
AND COUNTY ADMINISTRATOR OF ORANGE COUNTY, FLORIDA, PURSUANT TO
SECTION 164.1052, FLORIDA STATUTES; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
I H. STAFF REPORTS - none
Page 14 of 15
City Commission Regular
April 1, 2008
I I. COMMENTS FROM COMMISSIONERS
Commissioner Keller - none
Commissioner Johnson - 1) asked about when the Commission will have the opportunity to
discuss the IAFF and Teamsters Collective Bargaining coming up. Human Resources Director
Carnicella said he recommends that an Executive Session be scheduled with the Commission.
Consensus of the Commission, without obiection, was for staff coordinate an
Executive Session with the Commission. 2) asked Chief Reffett about his membership to
the Rotary, which seems to have expired for non-payment? Chief Reffett said he will discuss it
with the City Manager and get back to him. Mayor Vandergrift noted that the Police bumper
stickers are available in City Hall lobby and they will be handed out at the Spring Fling.
Commissioner Anderson 1) said they are working on the Landscape and WaterStar Program
and the Committee will be meeting to assist in developing the ordinance. Once it is reviewed by
staff it will be brought before the Commission, 2) received a letter regarding a traffic ticket and
City Manager Frank said it was explained to him to go to court if he disputes the state ticket.
Chief Reffett said he can fill out a contesting affidavit in the Police Records Department. 3) said
that he does not feel people opting out of the Non-Ad Valorem Fee for solid waste bills should
have to pay the $5.00 charge. City Manager Frank explained it is administrative fees to
continue monthly billing costs. He said we would have to amend to ordinance to make that
change.
Commissioner Anderson, seconded bv Commissioner Johnson moved to waive
!b.!L$5.00 fee for those wishina to opt out of the non-ad valorem method of payina
their solid waste fee. Motion failed with a tie vote, with Mayor Vanderarift and
Commissioner Keller opposed.
I ADJOURNMENT
The meeting adjourned at 10:31 p.m.
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