HomeMy WebLinkAbout09-15-15 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
September 15,2015 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. 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 Minutes for the Regular Commission Meeting held September 1,
2015. (City Clerk Eikenberry)
2. Approval of West 50 Commercial Subdivision Replat Number One (Lots 2 & 3).
(City Engineer Wheeler)
This replat is for Lots 2 and 3 of the West 50 Commercial Subdivision. The West 50 Commercial
Subdivision is located on the south side of West Colonial Drive, north of the Florida Turnpike. The
replat contains two (2) commercial lots on 2.943 gross acres of land. The purpose of the replat is to
move the lot line between Lot 2 and Lot 3 a distance of 85 feet.
3. Approval of an Agent Authorization Form to Allow Mattamy Orlando, LLC
Execute a Capacity Enhancement Agreement with Orange County Public
Schools (OCPS) for the Crown Point Property. (City Attorney Cookson)
On April 21, 2015, following an advertised public hearing,the City Commission approved a Purchase
and Sale Agreement with Mattamy Orlando,LLC("Mattamy")for the purchase of the property known
as Crown Point. On July 21,2015,the City Commission approved an Amendment to the Purchase and
Sale Agreement to extend the First Closing deadline to a date no later than June 1, 2016. At this time
Mattamy is processing an application for Capacity Enhancement with Orange County Public Schools
(OCPS). Since the City of Ocoee is still the owner of the property, OCPS has requested the City
execute an Agent Authorization Form to allow Mattamy to move forward with a Capacity
Enhancement Agreement.
4. Approval of the Federal Fiscal Year 2015 Edward Byrne Memorial Justice
Assistance Grant (JAG Countywide-State Solicitation) Application #2016-
JAGC-2776 and Signature of 51% Approval Letter. (Police Chief Brown)
This year $10,000.00 has been made available for the City of Ocoee Police Department through the
Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance
Grant (JAG) Formula Program Committee wishes to submit the attached 51% Letter to the Office of
Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the
participating law enforcement agencies in Orange County plan to spend the $296,122.00. If approved,
the City of Ocoee will receive$10,000.00 to purchase Equipment for Crime Scene Unit.
Regular City Commission
September 15,2015
5. Approval of Change Order No. 1 with Barracuda Building Corp. for the Nay
Street and Whittier Avenue Water Main Project. (Utilities Director Smith)
On April 21, 2015, the City Commission approved the Nay Street and Whittier Avenue Water Main
Project to extend water services and redundant (looping) backup for Nay Street and Whittier Avenue.
The project provides looping from 1st Street to 2nd Street and extends south on to Nay Street for 445
feet. A future project will pick up from the end of the Nay Street main and extend south to Silver Star
Road. This project will include a looping element and provides services to properties on the north side
of Silver Star Road. This change order addresses a tabulation error to the contract amount in the deficit
amount of$3,927.39. Due to this project being within Orange County's right-of-way, it must meet the
County's requirements, which requires a fire hydrant and more extensive asphaltic surface work and
milling. Additionally, the Utilities Department purchased surplus water main pipe from the contractor
to use on a future project. These change order items caused a project increase in the amount of
$39,594.87, and extended the contract completion date an additional fourteen (14) calendar days. The
project experienced an increase in the amount of$43,522.26; but, overall, the project amount only
increased by $25,632.97. This accounts for the net decrease in actual contract quantities used in the
amount of$17,889.30.
6. Approval of Inter-local Agreement with Orange County (Utilities) to Provide
Utilities Services to the Ocoee Pines Development. (Utilities Director Smith)
The proposed JTD Land at Ocoee Pines, LLC (Ocoee Pines) Residential Development is located
northwest of Clarcona Ocoee Road and southeast of the Forest Lake Golf Club. The development
provides for 278 lots, 170 of those lots remain outside of the City's potable and wastewater service
area. Presently, the development would be served water and wastewater by Orange County in the
northern portion of the development and Ocoee in the southern portion of the development. The dual
service providers would increase all parties' costs and lead to higher maintenance needs. To mitigate
the issues, the City and Orange County desire to establish a wholesale/retail relationship; Ocoee
providing retail potable and wastewater services,and Orange County providing the wholesale capacity.
a. City of Ocoee/Orange County—Agreement for the Delivery and Usage of Wholesale
Water and Wastewater to Ocoee Pines Development
b. First Amendment to the City of Ocoee/Orange County Reclaimed Water Territorial
Agreement
c. First Amendment to the City of Ocoee/Orange County Agreement for the Delivery
and Use of Wholesale Reclaimed Water
d. Third Amendment to the Orange County/City of Ocoee Water Service Territorial
Agreement(Contract No.W-88-06)
e. Fourth Amendment to the Orange County/City of Ocoee Sewer Service Territorial
Agreement(Contract No. S-87-8)
G. FIRST READING OF ORDINANCE
7. First Reading of Ordinance - Ansine & Dukes Property, 5907 Ingram Road.
(Second Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at
7:15 p.m. or soon thereafter). (Principal Planner Fabre)
The subject property is located on the east side of Ingram Road, approximately 750 feet north of the
Clarcona-Ocoee Road intersection. The subject parcel is approximately +/- 4.98 acres and has one
existing Single-Family Residence with a Minor-Community Residential Home (Joan's Villa ALF)
component. Minor-Community Residential Homes are designed to serve no more than seven residents.
No development proposal is planned at this time. The Applicant has requested annexation into the City
limits mainly for a possible future Single-Family lot split. City staff has requested a City of Ocoee
zoning designation of A-1 (General Agriculture), which is consistent with the zoning of the properties
to the north and south. The proposed annexation is a logical extension of the City limits,urban services
can be provided, and the annexation meets state and local regulations. The land use and initial zoning
are also consistent and compatible with surrounding properties.
a. Annexation Ordinance
b. Rezoning Ordinance
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Regular City Commission
September 15,2015
8. First Reading of Ordinance - Homes in Partnership, N Lakewood Avenue.
(Second Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at
7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject properties are located on the west side of N Lakewood Avenue and 13th Avenue. The
three parcels are contiguous, vacant and approximately+/- 0.52 acres. Two lots are 7,500 square feet,
and one is 7,750 square feet. The subject property is considered contiguous to the City of Ocoee since
it is bordered by property located within the City limits on the west side. City staff has requested a City
of Ocoee zoning designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of
the adjacent Orange County properties. The proposed annexation is a logical extension of the City
limits,urban services can be provided,and the annexation meets state and local regulations.
a. Annexation Ordinance
b. Rezoning Ordinance
9. First Reading of Ordinance - Homes in Partnership, 535 Woodson Avenue.
(Second Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at
7:15 p.m. or soon thereafter). (City Planner Rumer)
The subject property is located at 535 Woodson Avenue, which is south of the intersection of
Woodson Avenue and Center Street. The subject site is vacant and is approximately +/- 8,114 square
feet or 0.19 acres and is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on the west side. City staff has requested a City of Ocoee zoning
designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of the adjacent
Orange County properties. The proposed annexation is a logical extension of the City limits, urban
services can be provided,and the annexation meets state and local regulations.
a. Annexation Ordinance
b. Rezoning Ordinance
H. SECOND READING OF ORDINANCE—PUBLIC HEARINGS
10. Second Reading of Ordinance — Ocoee Crown Point PUD (Planned Unit
Development) Substantial Amendment to PUD Rezoning Ordinance/Land Use
Plan and Preliminary Subdivision Plan. (Advertised in the West Orange Times on Thursday,
September 3, 2015) (City Planner Rumer)
The Ocoee Crown Point PUD is envisioned to be a multi-use project combining an assortment of
public uses with residential, office and commercial uses in a high quality Traditional Neighborhood
Development environment. The City is currently under contract to sell the existing single-family
residential tracts along with the 30-acre park tract to Mattamy Homes. The proposed amendment to the
PUD is to modify the 30-acre park tract for residential use. The applicant has modified the plan to
include single-family as the primary residential use. Accordingly, the Land Use Plan was amended to
reflect the applicant's request. The following modifications are proposed with this amendment
submittal:
• Change the land use of Tract 3 from park to residential;
• Increase the maximum number of single-family dwelling units from 264 to 333;
• All internal roadways will be private and gated;
• On Ocoee Crown Point Parkway, the vehicle access points for the Elementary School Site will be
limited to the school tract;
• Public pedestrian access for the trail will be limited to the conservation tract adjacent to Lake
Apopka.No internal trails will be open to the public;
• Rear setback change from 25' to 20' on all lots with 120' in length;
• Modify the lot sizes to include 45's, 55's and 65's.
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Regular City Commission
September 15,2015
11. Second Reading of Ordinance - Amending City Code Section 7-9 to Provide for
Negotiated Settlement of Code Enforcement Fines and Liens through an
Administrative Process. (Advertised in the Orlando Sentinel on Sunday, September 6, 2015)
(Support Services Director Butler)
The City Commission seeks to amend Section 7-9 of the City Code in order to allow for an
administrative negotiated settlement process to reduce code enforcement fines and issue a Satisfaction
of Lien for properties successfully completing the negotiated settlement process. After October 1 of
each year, staff may mail notices to qualifying property owners advising them of the administrative
fine reduction program. At other times,property owners may elect to use the administrative process in
order to resolve outstanding code enforcement fines and liens. Any property owner seeking a reduction
in fines and a release of lien through the administrative process must file an application using a form
provided by the City. All such applications will be reviewed by code enforcement staff and presented
to the City Manager for review and acceptance into the fine reduction program. As drafted, the
proposed changes to the City Code allow the City Manager to make modifications to the basic process
or to waive one or more requirements for unusual circumstances and property conditions.
I. PUBLIC HEARINGS
12. Crown Pointe Cove — Preliminary/Final Subdivision Plan. (Advertised in the West
Orange Times on Thursday, September 3, 2015) (Principal Planner Fabre)
The Crown Pointe Cove Preliminary/Final Subdivision Plan is a residential subdivision that proposes a
total of 44 single-family residential lots with a resulting density of four (4) units per acre. The
minimum lot size proposed is 50' x 110' (5,500 sq. ft.)The PSP/FSP has a minimum living area set at
1,500 square feet. The subdivision will be gated with private streets. The homes are to be built by Pulte
Homes. The Preliminary/Final Subdivision Plan is consistent with the approved Westyn Bay
Commercial PUD. Orange County Public Schools (OCPS) will require a Concurrency Mitigation
Agreement(CMA)for the subject development before"Plat"approval.
13. Westyn Bay Commercial - Preliminary/Final Subdivision Plan. (Advertised in the
West Orange Times on Thursday, September 3, 2015) (Principal Planner Fabre)
The Westyn Bay Commercial Preliminary/Final Subdivision Plan is a four (4) lot commercial
subdivision, which is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee
Apopka Road and is approximately 6.6 acres in size and consists of vacant and undeveloped land. The
permitted uses are promulgated through the approved PUD (All C-2 uses including Convenience with
Gas Sales/Gas Station). There is one (1) waiver from the Land Development Code that is currently
requested.The Applicant has requested for Lot 3 to be less than one(1)acre,but no smaller than.80 of
an acre. The Applicant has requested this waiver in order to provide a variation of lot sizes to
accommodate end-users with a smaller typical footprint. The Preliminary/Final Subdivision Plan is
consistent with the approved Westyn Bay Commercial PUD.
14. Iglesia Cristiana Sendero De Luz Church - Special Exception for a School Use,
325 Ocoee Apopka Road. (Advertised in the West Orange Times on Thursday, September 3,
2015) (Principal Planner Fabre)
The lglesia Cristiana Sendero De Luz Church is located on the east side of Ocoee Apopka Road, 350
feet north of the intersection of Silver Star Road and Ocoee Apopka Road and consists of a sanctuary
and six detached classrooms on 2.25 acres. The subject property received an approved site plan (First
Spanish Assembly of God) in 2002. The Master Plan included three phases. Phase one included a
sanctuary, parking and stormwater improvements. Phase two included a future sanctuary addition and
classroom space. Phase three provided for additional parking. On July 1, 2014, a Special Exception
was approved to use three portables for additional classroom space.
The applicant intends to either start a school or rent the property for a school use along with the
church. The school use would be limited to 75 students. Of the 75 students, the Elementary School
aged students will be capped at 15,Middle School aged students will be capped at 40,and High School
at 20 students. The school will primarily use the existing portables for classrooms and administration.
An outside play area will be provided near the rear of the property.
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Regular City Commission
September 15,2015
J. REGULAR AGENDA
15. Community Grant Program — July 2015 Cycle. (Community Relations Manager
Wright)
The Community Grant Review Board (CGRB) met on August 13, 2015,to discuss the 12 applications
received for the Community Grant Program (formerly the Community Merit Awards Program). The
Community Grant Program provides financial grants of up to $500 to non-profit organizations and
civic groups located within the city limits or outside the city limits and benefit residents of Ocoee. The
grant cycle is open twice yearly (January and July) to acknowledge excellence and further the
contributions these local organizations bring to the Ocoee community. There is$6,000 allotted for this
cycle of the Community Grant Program. The Community Grant Review Board recommended funding
nine (9) organizations in the total amount of $4,500. The CGRB recommended the following
organizations not receive grant funding: Standing Ovation Talent Group and Independence Elementary
School Chorus. One organization that submitted an application, Pentecostal Missionary Church of
Christ, was disqualified, because they did not attend the mandatory Community Grant Review Board
meeting held on August 13,2015.
K. STAFF ACTION ITEMS
L. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N.LAKESHORE DRIVE,OCOEE,FL 34761,(407)905-3105 48 HOURS IN ADVANCE OF THE
MEETING.
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