HomeMy WebLinkAbout12-19-06 Minutes
MINUTES
OCOEE CITY COMMISSION
December 19, 2006 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. Pastor Phillips 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, Commissioner Anderson, Mayor Vandergrift, Commissioner Keller
(absent), and Commissioner Johnson.
Also Present: City Manager Frank, City Attorney Rosenthal, and City Clerk Eikenberry.
7:18 P.M. Mayor Vandergrift recessed the Commission Meeting to return to the Workshop
Charter Schools and School District.
7:50 P.M. Mayor Vandergrift reconvened the Commission Meeting.
I B. PRESENTATIONS AND PROCLAMATIONS
Christmas Light Contest Winners. (Parks and Recreation Director Hayes)
Award to Officer Torres for capture of suspects in recent armed robbery. (Police Chief Reffett)
Christmas Parade Awards - Ocoee Lion's Club Representative David Wheeler
I C. COMMENTS FROM CITIZENS/PUBLIC
James Fleming, 511 Orange Avenue, asked discussed the City ofOcoee's travel policy and said
it is not much different than other local cities. Travel Policies must allow for networking after
the learning sessions. The only think he doesn't agree with is that it does not allow for follow-up
reports on what was learned.
Martha Lopez Anderson - 2438 Alclobe Circle, Chair ofHRDB Board, gave update the events
and speakers for the upcoming Martin Luther King Parade on January 15,2007. Board Member
Dorcas Dillard was also present and handed out flyers for the event.
R.P. Monacky - asked questions about the National League of Cities conference and said he
would like to hear about what they learned. Commissioner Johnson said we will have reports
from the two directors after the holidays. Mr. Monacky asked about doing online classes to save
taxpayers some money. Mayor Vandergrift explained that the networking, locating grant
information, and hands-on viewing of items from vendors are a very integral part of the
conference. Commissioner Johnson said that 6000 people attended this conference; many cities
brought staff as well as elected officials
I D. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller - none
Commissioner Johnson - 1) said the Lions Club did a great job with the Ocoee and Winter
Garden Christmas Parades, and 2) the Christmas dinner for the needy and seniors was a great
event, Gloria did extraordinary work getting funding and prizes for the event.
City Commission Regular
December 19, 2006
Commissioner Anderson 1) announced the rash of vehicle windows broken, possibly shooting
bb's from passing vehicles. He asked that residents please keep watch and report any suspicious
activity to the police, 2) said Admirals Point didn't get MVP award application in on time, and
asked the Commission to consider accepting their application. He advised he spoke to Ms.
Wright and there is still money available in the fund.
Commissioner Anderson. seconded bv Commissioner Hood. moved to accept the
late application from Admiral's Point for the MVP awards. Motion carried 5-0.
Commissioner Hood 1) thanked Police and Fire Departments for Operation Santa, it is
rewarding to see kids giving toys to Toys for Tots, and he challenged District 4 to give more
Toys for Tots, 2) reminded everyone that the MLK Unity Parade is on January 15th, 3) reminded
everyone there will be no garbage pick up December 23 and 25,2006, 4) said City Hall will be
closed Monday and Tuesday, December 25 and 26,2006,4) congratulated the Pop Warner Pee
Wee Cheerleaders who took 4th place in the nation at Disney Wide World of Sports, 4)
congratulated the Pee Wee Football Team, who had a great season and were 4th in the nation, 5)
said there is a PTSA meeting at Ocoee High School on Jan 8, 2007 at 6:00 p.m.
Mayor Vandergrift 1) gave a reminder that the Jan 2nd Commission meeting is canceled, 2)
wished everyone Happy Holidays.
I E. CONSENT AGENDA
1. Approval and Acceptance of the Workshop Minutes for Potential Police Site of July 26,
2006, and ALS Service of July 26, 2006. (City Clerk Eikenberry)
Approved on Consent. motion carried 5-0.
2. Approval to Expend and/or Grant Forfeiture Funds to Law Enforcement Related
Uses/Charities. (Police Chief Reffett)
Per Florida State Statutes 932.7055 "...any local law enforcement agency that acquires at least $15,000 pursuant
to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of
such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime
prevention, safe neighborhood, or school resource officer program(s).
Approved on Consent. motion carried 5-0.
3. Approval of School Resource Officer Contract. (Police Chief Reffett)
The Ocoee Police Department provides one (1) DARE officer to four (4) elementary schools, one (1) School
Resource Officer to one (1) middle school, and two (2) School Resource Officers to one (1) high school, all of
which are located within the city limits of Ocoee. An annual agreement between the City and the School Board
of Orange County is required in order for the Police Department to understand its officers' responsibilities and
for the City to be reimbursed by the School Board of Orange County for a portion of the officers' salaries.
Approved on Consent. motion carried 5-0.
4. Approval of McCormick Woods Phase 1 Plat Approval and Traffic Enforcement
Agreement. (City Engineer Wheeler)
This plat is for McCormick Woods Phase 1 is 48.72 acres and located on the southwest comer of Ingram Road
and McCormick Road, which consists of 103 single family homes with its associated amenities. With all new
developments, the city is requiring the traffic enforcement agreement to be placed into effect at the time of
platting or prior to the construction of homes.
Approved on Consent. motion carried 5-0.
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December 19, 2006
Consent Agenda Vote:
Commissioner Anderson. seconded bv Commissioner Keller. moved to approve
Consent Aaenda Items #1 - 4. as presented. Motion carried 5-0.
I F. PUBLIC HEARINGS - SECOND READING
5. ABC Fine Wines & Spirits. (Senior Planner Howell)
Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully
recommends the Mayor and City Commissioners adopt the ordinance to annex 2.35 acres of land known as the
ABC Fine Wines & Spirits property, and also adopt the ordinance to rezone the property to C-2 (Community
Commercial District). (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on Thursday,
December 7, 2006)
I a. Annexation Ordinance
City Attorney Rosenthal read the title of the ordinance.
Senior Planner Howell gave a presentation and explained the three waivers being requested
by the applicant as follows:
The first waiver that is being requested is to Section 6.14.C.1 (C) of the Land Development Code. This section of
the Land Development Code requires a 10' wide open area around buildings to separate structures from parking
areas and to accommodate landscaping. The applicant is requesting a waiver to this section of the Land
Development Code to allow a 2' wide open area along the east side of the proposed tenant space adjacent to the
proposed ABC store. The smaller open space adjacent to the building will allow more space for the construction
of a drive aisle on the subject property. One of the four criteria to justify the City Commission to grant waivers
from the criteria of the Land Development Code is if the project provides an offsetting public benefit which is
technically sound and measurable. To justify the waiver request, the applicant has provided additional open
space along the northern side of the proposed ABC building, and has agreed to donate a section of right-of-way
along Bluford Avenue ranging from 30-40.6' in width.
The second waiver that is being requested is to Section 6.4 G.6 (H) of the Land Development Code. This
requirement of the Land Development Code requires one parking space for each 200 square feet of floor area.
Based on the requirements of the Land Development Code, 76 parking spaces would be required to be provided
on the property. The applicant is requesting a waiver to this section of the Land Development Code to allow a
reduction of the required amount of parking spaces by 2. If granted, the waiver will allow a reduction to 74
parking spaces. One of the four criteria that can be used as justification to allow the City Commission to grant
waivers from the criteria of the Land Development Code is if the project provides an offsetting public benefit
which is technically sound and measurable. As justification of the waiver request, the applicant has agreed to
donate a section of right-of-way along Bluford Avenue ranging from 30-40.6' in width.
The third waiver that is being requested is to Section 6.14 C.2 (b) of the Land Development Code. This section of
the Land Development Code requires a 25' landscape buffer along public primary roads. There is a provision
contained within this section that allows a reduction of this buffer to 15' when deemed appropriate by the City.
During the plan review process, the applicant indicated that they would dedicate right-of-way along Bluford
Avenue in order to obtain a 15' landscape buffer along the portion of the property that fronts Bluford Avenue. In
order to meet water management district permitting criteria, on-site water retention is required to be provided.
The layout of the site will only allow the retention areas to be provided in the area of the property adjacent to the
proposed Bluford Avenue landscape buffer. Based on this, the applicant is requesting a waiver to Section 6.14
C.2 (b) of the Land Development Code to allow 5' retention pond berms to be provided in the landscape buffer.
One of the four criteria that can be used as justification to allow the City Commission to grant waivers from the
criteria of the Land Development Code is if the project provides an offsetting public benefit which is technically
sound and measurable. As justification of the waiver request, the applicant has agreed to donate a section of
right-of-way along Bluford Avenue ranging from 30-40.6' in width.
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December 19,2006
Mayor Pro Tem Anderson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Anderson closed the Public Hearing.
Mayor ProTem Anderson asked some questions with regard to the landscaping and
landscape buffers and Ross Galbraith of Dyer, Riddle, Mills and Precourt, consultant to
ABC Liquors, discussed those issues with them.
Community Development Director Wagner explained that if the waiver is granted the
landscape buffer and retention pond would overlap and there would not be the full 15 foot
landscape buffer. Staff felt that was request was reasonable because we ended up getting
more right-of-way than we originally expected and it expanded into their space.
Commissioner Keller. seconded by Commissioner Johnson. moved to
approve on second readina. Ordinance No. 2006-020. approvina the
annexation of 2.35 acres of land known as the ABC Fine Wines & Spirits
property. Motion carried 5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-020
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 2.355 ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND
STATE ROAD 439 INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNERS; 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.
I b. Rezoning Ordinance
Commissioner Johnson. seconded by Commissioner Hood. moved to approve
on second readina. Ordinance #2006-021. approvina the rezonina of the
property to C-2 (Community Commercial District). Motion carried 4-0. with
Mayor Vanderarift away from the dais.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-021
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-I, "CITRUS RURAL DISTRICT" TO OCOEE C-
2, "COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINNG APPROXIMATELY 2.35
ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND STATE ROAD 439
INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNERS, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
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City Commission Regular
December 19, 2006
c. Annexation and Development Agreement
Commissioner Johnson. seconded by Commissioner
approve the Annexation and Development Aareement.
with Mayor Vanderarift away from the dais.
Keller. moved to
Motion carried 4-0.
I d. Site Plan Waivers
Senior Planner Howell recapped the three waivers being requested. (Listed above)
Commissioner Johnson. seconded by Commissioner Hood. moved to approve
the three site plan waivers as presented by staff. Motion carried 4-0. with
Mayor Vanderarift away from the dais.
6. Maine Street Parcels. (Senior Planner Howell)
The owners ofthe Maine Street Parcels are requesting annexation of the subject properties into the jurisdictional
boundary of the City of Ocoee. The subject properties include approximately 33.176 acres of land and are
generally located on the northwest comer of Maine Street and Chicago Avenue, South of Tiger Minor Park, and
east of Richmond A venue. The properties are comprised of several residential dwelling units and agricultural
uses consisting of citrus groves and associated uses. The property adjoins the Ocoee Cemetery site. (Advertised
as Public Hearing in the Orlando Sentinel Legal Classified on Thursday, December 7, 2006)
I a. Annexation Ordinance
City Attorney Rosenthal read the title of the ordinance
Senior Planner Howell gave a presentation.
Mayor Pro Tem Anderson opened the Public Hearing.
There being no one wishing to speak, Mayor Pro Tem Anderson closed the Public Hearing.
Commissioner Johnson. seconded by Commissioner Keller. moved to adopt on
second readina. Ordinance No. 2006-022. approvina the Annexation Ordinance.
as presented. Motion carried 5-0.
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City Commission Regular
December 19, 2006
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-022
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 33.176 ACRES LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF MAINE STREET AND CHICAGO AVENUE, SOUTH OF TIGER MINOR
PARK AND EAST OF RICHMOND A VENUE PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNERS; 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.
b. Annexation Agreement
City Attorney Rosenthal explained the revised Annexation Agreement as presented on the dais,
which had been revised since the agenda packet was distributed.
Commissioner Hood. seconded by Commissioner Johnson. moved to accept the
revised Annexation Aareement. as distributed this evenina. Motion carried 5-0.
7. Fountains West. (Principal Planner Fabre)
I a. Small Scale Comprehensive Plan Amendment Ordinance I
The Comprehensive Plan Amendment parcel lies on the east side of Ocoee-Apopka Road approximately 500 feet
north of the intersection with West Road. The subject property is approximately 9.9 acres in size and lies directly
north of an already designated "Commercial" parcel of land owned by the petitioner. The subject property is
currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and
other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove
that is currently cleared. Based on the recommendation of the Local Planning Agency, Staff recommends that the
Mayor and City Commissioners approve the small-scale Comprehensive Plan Amendment Ordinance for
Fountains West changing 9.9 acres of "Low Density Residential" Land Use to "Commercial" Land Use, subject
to the approval of the Fountains West PUD Land Use Plan. (Advertised as Public Hearing in the Orlando
Sentinel Legal Classified on Thursday, December 7, 2006)
City Attorney Rosenthal read the title of the ordinance
Principal Planner Fabre gave a presentation.
Mayor Vandergrift opened the Public Hearing.
There being no one wishing to speak, Mayor Vandergrift closed the Public Hearing.
Commissioner Hood. seconded by Commissioner Anderson. moved to adopt on
second readina. Ordinance No. 2006-023. approvina the Small Scale
Comprehensive Plan Amendment. Motion carried 5-0.
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December 19,2006
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-023
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28,
AS AMENDED; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP OF
THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE USE OF LAND FOR AN
APPROXIMATELY 9.95 ACRE TRACT OF LAND LOCATED EAST OF AND ADJACENT TO
OCOEE-APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION
OF OCOEE-APOPKA ROAD AND WEST ROAD FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
I b. PUD Rezoning OrdinanceILand use Plan
Fountains West PUD property is located on the northeast comer of the intersection of West Road and Ocoee-
Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres
will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland
mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently
undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other
varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is
now cleared. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the rezoning the property from C-2 "Community Commercial", R-IA
"Single-Family Dwelling", and 1-1 "Restricted Manufacturing & Warehousing" to PUD based on the Land Use
Plan, as date stamped received by the City on November 21,2006, and further subject to limiting Lot 3 from the
use as a Drive-In restaurant, approval of the Development Agreement and approval of the small-scale
Comprehensive Plan Amendment. (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on
Thursday, December 7, 2006)
City Attorney Rosenthal read the title of the ordinance
Principal Planner Fabre gave a presentation and said he would like to amend the staff
recommendations deleting the northern traffic light from the plans because of traffic noise and
fumes that would be created.
Mayor Vandergrift asked if the County is going to put in all four lanes. City Engineer
Wheeler explained the approval is still in process with the County and it appears favorable
that West Road will be four-laned from Ocoee Apopka Road to the 429.
City Attorney Rosenthal advised that the Developer requested to the Planning and Zoning
Commission (P&Z) that a waiver be added that was not in staff recommendation. P&Z denied
the additional waiver, but the developer will probably present that request here tonight.
City Attorney Rosenthal said he would like to revise the Staff recommendation, the sentence
that says approval of Development Agreement, should be "execution by all parties of the
Development Agreement along with a Joinder in Consent bv W.O.R.Y. Investors LLC", that will
ensure it is properly executed by all parties.
Mayor Vandergrift opened the Public Hearing.
Peter Schwab, resident of the Vineyards, spoke against having a drive thru restaurant that
close to his residential neighborhood.
Tom Vincent, Halvorsen Development said they agree with all staff comments. This has been
in progress for two years, and an extraordinarily complicated project. He said that out parcel 2 is
the only lot being requested for the type of use that would allow a drive-thru restaurant.
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City Commission Regular
December 19,2006
Susan Kurchinski, Area Real Estate Investor for McDonalds, advised that this lot is the only one
they will consider to build on because they have invested time and money to make that
determination. She gave a video presentation of the upscale McDonalds Prototype being
considered for that location. She added that she did not think the drive thru would disturb the
residential neighborhood in any manner.
Brady Lassard, said that this is a beautiful design for McDonalds, the first of its kind in Central
Florida, and McDonalds is willing to make concessions, other than the location, to address the
concerns of the Commission.
Mayor Vandergrift closed the Public Hearing.
There was discussion among the commission against placing a fast-food restaurant on the Lots 1,
2, or 3. Mayor Vandergrift said he would vote in favor of placing the McDonalds on Lot 2.
Commissioner Hood. seconded by Commissioner Anderson. moved to approve
on second readina. Ordinance No. 2006-024. approvina the Fountains West PUD
rezonina per staff recommendations. includina the deletion of the traffic Iiaht as
recommended by staff and includina the revision to state that the execution by all
parties of the Development Aareement alona with a Joinder and Consents by
W.O.R.Y. Investors LLC as stated by City Attorney Rosenthal. Motion carried 5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-024
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD"
ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMA TEL Y 43.03 ACRES LOCA TED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF WEST ROAD AND OCOEE-APOPKA ROAD, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
* * Waivers requested by the applicant to place a drive thru on Lots 1,2, or 3 were not granted.
I c. Development Agreement
City Attorney Rosenthal said that staff recommends that the Development Agreement be
approved with the additional correction that it be revised to say that Lot 3 would be limited from
the use as a drive in restaurant, and conforming to the prior approval ofthe PUD.
Commissioner Hood. seconded by Commissioner Anderson. moved to approve
the Development Aareement for Fountains West with the additional correction
that it be revised to say that Lot 3 would be limited from the use as a drive in
restaurant. and conformina to the prior approval of the PUD. Motion carried 5-0.
City Attorney Rosenthal clarified the process for the Development Agreement.
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December 19,2006
REGULAR AGENDA
8. Waiver Requests for Dynasty Gallery & Collectibles Small-Scale Site Plan. (Senior
Planner Howell)
The proposed Dynasty Gallery and Collectables store is located on the east side of Clarke Road, approximately
Y4 mile north of SR 50/Colonial Drive, adjacent to Sherman's Gifts & Collectibles. The property is currently
vacant, zoned C-2 (Community Commercial District), and is approximately 1.29 acres in size. The small-scale
site plan proposes the construction of a +/- 12,000 square foot retail facility on the property. In order to proceed
with review of the small-scale site plan, the applicant has requested two waivers from the requirements of the
Land Development Code. Below is a discussion ofthe two waivers that are being requested.
Senior Planner Howell gave a presentation and explained the two waivers being requested
as follows:
The first waiver that is being requested is to Section 6.4 G.6 (H) of the Land Development Code. This
section of the Land Development Code requires one parking space for each 200 square feet of floor
area. In order to comply with this requirement, 63 parking spaces would be required to be provided on
site. The applicant is requesting a waiver to allow a reduction to 50 parking spaces. The applicant has
requested this waiver due to the fact that 63 parking spaces would be difficult to provide on the
property given its size. One of the four criteria to justify the City Commission to grant waivers from the
criteria of the Land Development Code is if the project provides an offsetting public benefit which is
technically sound and measurable. To justify the waiver request, the applicant has offered to convey
a 12' wide strip of property along Clarke Road to the City as future right-of-way for Clarke Road.
The second waiver that is being requested is to Section 6.14 (2) (c) (i) of the Land Development
Code. This section of the Land Development Code requires a 10' wide landscape buffer to be
provided along all side and rear property lines. The owner of the property to the north is proposing to
construct a day-care center. The required 10' wide landscape buffer is required to be provided along
this property line. The applicant and neighboring property owner are desirous of having a shared
drive aisle in the place where the required landscape buffer is to be placed. During the plan review
process, it was conveyed to the applicant that the required landscaping from the buffer would have to
be installed elsewhere on the property. The applicant contends that the requisite amount of
landscaping cannot be planted elsewhere on the property due to size constraints of the property. One
of the four criteria that can be used as justification to allow the City Commission to grant waivers from
the criteria of the Land Development Code is if the project provides an offsetting public benefit which
is technically sound and measurable. As justification of the waiver request, the applicant has offered
to convey a 12' wide strip of property along Clarke Road to the City as future right-of-way for Clarke
Road.
Commissioner Johnson. seconded bv Commissioner Anderson. moved to
approve the waiver reauests for Dynasty Gallery & Collectibles Small-Scale Site
Plan. Motion carried 5-0.
9. Founder's Day 2006 Financial Report. (Parks and Recreation Director Hayes)
Founder's Day 2006 was held on October 20th and 21 sl and was once again a huge success. The total amount of
revenue received as of this date for Founder's Day is $148,327.79. Revenues include sponsorships, proceeds
from vendors, merchandise sales, donations, beverage proceeds, and event proceeds. There was a total amount
of $146,526.34 in expenses, which include costs for entertainment, ftreworks, employee overtime, golf
tournament, 5K RunlWalk, and publicity. There is a surplus of funds totaling $1,801.45.
Parks and Recreation Director Hayes gave an update on the 2006 Founder's Day Financial
Report. Commissioner Hood added that anytime we can put a great event like this that did not
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City Commission Regular
December 19,2006
cost the tax payers any money, we have done something outstanding. Consensus of the
Commission. without obiection. was to accept the 2006 Founder's Day Financial
Report.
10. Emergency Item - Approval of the SJRWMD Water Protection & Sustainability
Program's Cost Share Agreement AMENDMENT #1 for the City's Reuse Water System
Expansion (David Wheeler)
City Engineer Wheeler advised the SJR WMD is willing to extend the grant agreement until
December of next year.
Mayor Vanderarift. seconded by Commissioner Johnson. was to approve of the
SJRWMD Water Protection & Sustainability Proaram's Cost Share Aareement
AMENDMENT #1 for the City's Reuse Water System Expansion. Motion carried 5-
~
I STAFF REPORTS
City Manager Frank asked if we could move $200 from Commission Contingency to complete
the Christmas Lights on Lakeshore Drive along Starke Lake. Consensus of the
Commission. without obiection. was to transfer $200 from Commission
Continaency to cover the costs of the Iiahts.
I COMMENTS FROM COMMISSIONERS
Commissioner Hood stated 1) the Ocoee High School boys basketball team will be playing in a
tournament from the December 19-23 in Kissimmee 2) the girls basketball team is doing very
well 3) the boys soccer team will play in a tournament in Leesburg December 27 & 28 4) the
girls soccer team is playing in a soccer tournament in Apopka this week and conditioning for
baseball and lacrosse is going on now and 5) he wished everyone a safe and happy holidays.
Commissioner Anderson 1) wished everyone a Merry Christmas and Happy Hanukah and 2)
inquired as to where the Commission is going from here since the workshop discussion regarding
schools. Discussion on school issues ensued. He also asked the Commission if there
should be another workshop in January. Mayor Vandergrift stated that January is too late.
Commissioner Keller stated that due to the fact that Orange County couldn't get the public
hearing announcement out in time, the Public Hearing will be on the 23rd and there should be a
workshop before that. Commissioner Hood stated that he would hate to see the City lose the
students and agrees with Commissioner Johnson that we should try to work with the School
Board to adjust lines. Mayor Vandergrift said they had supported us in the past, and then voted
differently when it came time to vote. Commissioner Keller stated that he sent emails to the
School Board members requesting to meet with them one on one and he has received responses
from many of them. He added that he felt the meeting today was productive and can possibly get
more productivity from the other members. Commissioner Johnson asked staff, the Mayor,
City Manager and Assistant City Manager to sit down with whomever at the School Board to see
if they can reapportion the boundary lines to the leave the 250 children where they are.
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City Commission Regular
December 19, 2006
Commissioner Keller said he is in support of a joint work session the week of January 9th.
Commissioner Hood agreed. Commissioner Keller stated that School Board Member Karen
Ardamen answered his email and he will be sitting down with her soon. Commissioner Hood
stated that when the boundaries were drawn for Olympia, there were lines added in and changes
made and it was approved without knowing the changes were made. Commissioner Anderson
stated that he is interested in the Charter Conversion as a viable option. Commissioner Keller
stated that at the legislative luncheon last week, he discussed the City School District and many
were open to if the City does the leg work. He added that he thinks getting a 60% citizenry vote
will not be a problem once it gets through the Legislature. Commissioner Anderson said he
feels that we should move forward on the Charter Conversion concept. Mayor Vandergrift
stated that there is a good chance is that a Charter School can pay for itself if it is handled well.
Commissioner Anderson stated that he feels that a joint meeting with the School Board is a
good idea but they also need to look into Charter Schools and putting the dollars and sense
together. Commissioner Keller said we have been doing a lot of talking and he thinks moving
forward on the charter school issues is a good idea. Commissioner Anderson asked what staff
needed to be directed to do. Mayor Vandergrift said he didn't know, he stated that he was
somewhat confused by certain things that were discussed with regard to the nF district and he
would like to get more information. Commissioner Hood said the Mayor is correct, we need to
take in what we learned tonight and not direct staff to get involved in something we don't
thoroughly understand ourselves. Commissioner Anderson suggested finding a consultant to
discuss Charter Schools and gather more information, particularly on the dollars and sense
Issues.
Commissioner Anderson stated that he would like to invite State Rep. Atkinsson back to look at
Charters or the Charter Conversion with more specifics. We need to give him specific things to
discuss. Mayor Vandergrift asked if anyone can look back at what they did in Lake Whales
because the school system will work against you so the more knowledge the better.
Commissioner Keller stated that he would go look at Lake Wales to look into their system.
Commissioner Anderson_asked if they should direct staff to cooperate in setting up another
meeting with Mr. Attkisson. Mayor Vandergrift said we will just direct staff to help
Commissioner Keller in any way they can.
Consensus of the Commission. without obiection. was that Commissioner Keller
would ao to lake Wales to look into their Charter Svstem and reDort back to the
Commission.
COMMENTS FROM COMMISSIONERS - RESUMED.
Commissioner Johnson 1) said Rose Morganto has been dealing with Progress Energy
regarding the street lights and they advised her that the Christmas lights are not properly installed
which is why they go out all the time; have staff look into that. 2) wished everyone a Merry
Christmas.
Mayor Vandergrift stated 1) this was a long meeting and he appreciates everyone hanging in
there 2) he wished everyone a Happy Holidays 3) the January 2u meeting is cancelled and the
State of the City Address will be given at the January 16,2007 meeting.
Page 11 of 12
City Commission Regular
December 19, 2006
I ADJOURNMENT
The meeting was adjourned at 11:12 p.m.
Attest:
APPROVED:
City of Ocoee
Page 12 of 12