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05-03-2022 MinutesMINUTES REGULAR CITY COMMISSION MEETING MAY 3,2022 CALL TO ORDER - 6 I ,S PM Mayor Johnson called the regular session to order at 6.15 PM in the Commission Chambers of City Hall. The invocation was led by David Williamson, Central Florida Freethought Community, followed by the Pledge of Allegiance to the Flag led by Ocoee Resident, Brad Lomneck. City Clerk Sibbitt called the roll and declared a quorum present. Present. Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner, and Commissioner Oliver Also Present: City Manager Frank, City Attorney Cookson, and City Cleric Sibbitt PRESENTATIONS AND PROCLAMATIONS - 6-17 PM Proclamations for May 2022 (Mayor Johnson) Municipal Clerks Week — May 1 -7 proclaimed by Mayor Johnson Letter Carriers' Stamp Out Hunger Food Drive Day —May 14 proclaimed by Mayor Johnson Y National Water Safety Month proclaimed by Mayor Johnson Recognition of Ocoee High School Student, Taylar Watson, the Winner of the Florida Black Caucus of Local Elected Officials Annual Essay Contest — FBC-LEO Board Member Jessica Davis thanked the City Commission for their time, explained their annual essay contest, and said this year's topic is "Abandoned African -American Cemeteries". She introduced and congratulated Ocoee resident, Taylar Watson, for winning this year's essay contest. Taylar Watson said she will be attending the Florida A&M University to obtain a business administration degree. On behalf of her and her family, she thanked the FBC-LEO for the scholarship and the City Commission for recognizing her. Recognition of Ocoee High School Track Team for Division Championship Title - Commissioner Oliver introduced Ocoee High School Track Team Coach Peaco. Coach Peaco said this year he had 22 seniors on the track team, and nine received scholarships. He explained the expenses associated with a track team, and said they were able to raise enough funds to finish the season. He introduced his team and announced they won almost every track meet this season along with winning the Metro West Conference Championship, and the Boys and Girls District for the first time in the school's history. They will be headed to the Regional meet this weekend. Ocoee Youth Council (OYC) Program 2021/2022 Year in Review - OYC Coordinator Dorcas Dillard explained the various activities the OYC participated in this past year. Each OYC member highlighted what they learned about government from participating this past year. Award of Scholarships to OYC High School Graduates - Commissioner Oliver congratulated the OYC members for their commitment to the program and presented each senior with a scholarship. Regular City Commission Meeting May 3, 2022 Mayor Scholarship Award to Justin Williams - Mayor Johnson introduced Ocoee resident Justin Williams, who is also his neighbor, and congratulated him for winning the Third Annual Jersey Mike's Naismith High School Basketball Courage Award, which is a national award. The Mayor awarded Justin Williams, who is a senior of Foundation Academy, with the Mayor Scholarship Award. The following persons addressed the City Commission: Jim Moyer, Ocoee Resident, explained the HRDB assigned him to come up with an event for Asian Pacific American Heritage Month. He contacted Ocoee elementary schools proposing an art project. Four Ocoee elementary schools have participated, and the overall winners will be selected this Thursday at the HRDB meeting. The winners will be announced at the next City Commission meeting. He announced today is National Teacher Appreciation Day, and thanked all teachers for what they do. CONSENT AGENDA - 7,01 PM Consent Agenda Motion Motion: Move to adopt the Consent Agenda Items #1 - #3. Moved by Commissioner Wilsen, seconded by Commissioner Brinson; Motion -• 5-0. The City of Ocoee Police Department in partnership with the Central Florida Crimeline will be organizing the annual Kicks 4 Guns (gun turn in). The event is scheduled for May 19, 2022. Law enforcement hosts participating in the initiative typically give $50 gift cards for turned in firearms, 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). The Ocoee Police Department requests to spend up to $4,000 from its Forfeiture account for the purchase of gift cards to trade for guns in conjunction with the Central Florida Crimeline. W, U UA!11"- -• I &S I 2 1 P a g e Regular City Commission Meeting May 3, 2022 The Ocoee Police Department historically donated State Forfeiture Funds to support programs or organizations that partner with the Police Department in its crime prevention/public safety mission and wishes to continue to do so. As the services these organizations provide to the Ocoee Police Department and the community cannot be duplicated within the Department, the Police Department recommends granting monies from its forfeiture fund. The Department recommends expending monies from its State Police Forfeiture Fund to law enforcement related uses as follows: $2,000 to Mothers Against Drunk Drivers (MADD), $1,000 to Children's Safety Village which assists with child safety programs, $2,000 to Aspire Behavioral Healthcare (aka Central Florida Crisis Intervention Team), the facility that trains our police officers how to deal with people in mental health crisis; and $2,000 to Crimeline, which provides crime solving tips to the Police Department, as well as publicity and rewards to the public. WtJ0176377 ff*T1T*T*T2T-T-J71=lYJ KADING OF ORDINANCE — PUBLIC HEARING -7:02 Prd The applicant is requesting a Comprehensive Plan Amendment to Light Industrial and corresponding Rezoning to 1-1 in order to develop 70,720 SF of light industrial warehouse space. The subject property consists of three (3) parcels totaling approximately 5.58 acres and is located on the east side of Pine Street. This property is located within the Sub -Area A of the Business Center Character Area of the State Road (SR) 429 Overlay District. The applicant's requests to amend the future land use designation to Light Industrial and rezone the properties to 1-1 (Light Manufacturing and Warehousing) are consistent with the Business Center Character Area Design Plan for Sub -area A. The proposed development program for the overall 429 Business Center Development is approximately 160,720 SF of warehouse and 37,200 SF of flex space consistent with the Business Center Character Area Design Plan. a) First Reading Public Hearing of Ordinance for Small Scale Comp Plan Amendment b) First Reading of Rezoning Ordinance (not apublic hearing) City Attorney Cookson read the titles of the ordinances. Development Services Director Rumor explained a formal presentation will be provided at the Second Reading/Public Hearing. Mayor Johnson announced this will be presented as a second reading and public hearing at the next scheduled City Commission meeting on May 17, 2022, at 6:15 PM or soon thereafter. 3 1 P a g e Regular City Commission Meeting May 3, 2022 The First Reading of Ordinance and Public Hearing was held at the April 19, 2022, City Commission meeting. On September 21, 2021, the City Commission approved an Ordinance establishing a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits for self -storage within the C-3 (General Commercial) and 1-1 (Restricted Manufacturing and Warehousing) Zoning Districts for a period of six months. During this moratorium, the Development Services Department has researched what the Industry standard is for self -storage facilities. Staff recommends implementing the following criteria for self -storage facilities: Maintaining the current code provisions for properties located within Special Overlay Districts with a C-3 or 1-4 Zoning Designation: 1) Self -storage is permitted only as an accessory use; 2) Provide for the use of Self -Storage Facility as a Special Exception in the C-3 and 1-1 Zoning Districts. Development Services Director Rumer explained in September 2021, the City Commission approved an Ordinance that established a temporary moratorium on the processing and consideration of applications for development orders, development permits, and building permits for self -storage facilities within the C-3 (General Commercial) and 1-1 (Restricted Manufacturing and Warehousing) Zoning Districts for a period of six months. During this moratorium, the Development Services Department has researched what the industry standard is for self -storage facilities. Currently, the City has 11 self -storage facilities that are operating, under development, or recently approved, which total 700,000 square feet for a population just under 50,000. This result shows the City is well over the industry standard percentage. Staff is looking to implement the following criteria for self -storage facilities: 1. Self -storage is permitted only as an accessory use. a) An accessory use shall be defined as no more than thirty-five (35) percent of the building or parcel of land that may be used for self -storage. If the mix of uses is separated on -site, the self -storage area(s) visible from the roadway(s) must be lined with office or retail frontage. b) Any self -storage facility with frontage on an arterial street must be located behind a retail business. 2. Provide for the use of Self -Storage Facility as a Special Exception in the C-3 and 1-1 Zoning Districts. City Attorney Cookson read the title of the ordinance. Public hearing was opened. As no spealfer forms it,ere received, the public hearing ivas closed. Commissioner Brinson inquired about the industry standards and asked for clarification on the Special Exception. Development Services Director Rumer addressed his questions. Commissioner Oliver inquired about the mix use component and inquired if the Planning & Zoning Commission reviewed the ordinance change. Development Services Director Rumer addressed his questions. 4 1 P a g e Regular City Commission Meeting May 3, 2022 reltrerim'111 I I IIIIIIIIIIIII I �& 0 �*^ �L=#rt =-azn- FT.M '--WRMWTj M.- on The First Reading of this Ordinance was heard at the April 5, 2022, City Commission meeting. During the February 15, 2022, City Commission meeting, discussion relating to the timing of the placement of political signs so far out from a scheduled election was made. A review of the current Political Sign code criteria showed that no language is provided which dictates when the signs could be placed, only that they had to be removed within 48 hours. Staff has written new proposed sign language based on public comments. Development Services Director Rumer briefly explained the City Commission tasked City staff to review the Political Sign code criteria which revealed that no timeframe was made for the placement of signs, only that they had to be removed within 48 hours after an election. Staff proposes the below political sign placement and removal language based on public comments: Campaign signs may be placed on private property provided that: a) The signs are not placed on the site until ninety (90) days prior to an election or referendum; and b) The signs are removed within five days after the election or referendum, or after the primary election if the candidate is no longer viable. City Attorney Cookson read the title of the ordinance. Public hearing was opened. As no speaker forms were received, the public hearing was closed. Motion: Move to adopt Ordinance No. 2022-07, Land Development Code (LDC) Amendment to Article Vill Relating to Political Campaign Siqns, Moved by Commissioner Wilsen, seconded by Commissioner Firstner; Commissioner Oliver inquired how many complaints have been received and if this ordinance would affect signs on private property. Development Services Director Rumor addressed his questions and advised this would be handled by Code Enforcement. Commissioner Oliver further shared some concerns he had on first amendment rights. Commissioner Wilsen and Mayor Johnson both shared they have received numerous complaints on campaign signs. Mayor Johnson commented that there are many codes that are regulated by the City and this proposed code would only be regulating the time frame for placement of the signs, Commissioner Brinson shared he agrees with the proposed ordinance and asked the City Attorney to explain if this would infringe on any first amendment rights. City Attorney Cookson addressed his question. Development Services Director Rumor explained some of the ordinance language in place by neighboring cities, and shared this proposed ordinance wording is currently in place by Orange County. Commissioner Oliver shared he agrees with the ordinance, but is concerned with signs on private property that may be removed. Brief discussion ensued. 0 11 if 0 . [=due MEMBER 5 1 P a g e Regular City Commission Meeting May 3, 2022 Commissioner Oliver inquired about sign violations and provided an example. Development Services Director Rumer addressed his question. Commissioner Wilsen briefly commented that she hopes the County will start enforcing their rules. I PUBLIC HEARING - 7 3 7 F h/' The subject properties are located on the north side of the Florida Turnpike and the west side of the Maguire Road and Old Winter Garden Road Intersection, which is within the CRA Target Area I Special Area Overlay. The property contains three (3) parcels, which, when combined, are approximately 16.68 acres in size. The applicant is proposing to construct a mixed -use development with approximately 300 residential multi -family units and approximately 7,500 SF of retail. The development will consist of seven (7) buildings. Buildings I and 2 will be located on the north side of the extension of Old Winter Garden Road. Buildings 3-7 and the Club House will be located on the south side of the extension of Old Winter Garden Road. The project will have two (2) access points. The main access/entrances will be off of Old Winter Garden Road. An amenity center/clubhouse, dog park, and a storrawater pond will also be located on this site. Utilities will be extended to the site from Maguire Road. a) Large Scale Preliminary Site Plan b) Development Agreement (not apublic hearing) Development Services Director Rumer provided a brief overview of the project and explained this project consists of three (3) parcels, approximately 16.68 acres in size, and is located on the north side of the Florida Turnpike and the west side of the Maguire Road and Old Winter Garden Road intersection. The parcels are located within the CRA Target Area I Special Area Overlay. This development proposes 300 luxury multi -family units, which will consist of seven (7) four- story buildings. Building I is proposed to contain 12 units and approximately 7,500 SF of retail. Buildings 2-7 are proposed to consist of studios, one, two, and three bedroom units. Development Services Director Rumer explained the developers have stated they will provide an extension of Old Winter Garden Road from Maguire Road to State Road 50 as well as an onsite stormwater pond. The proposed future extension is where the main access/entrance will be. Utilities will be extended to the site from Maguire Road. He stated this evening they are seeking approval of the Preliminary Site Plan with a Development Agreement. The next step will be the Final Site Plan. Public hearing ivas opened. As no speaker forms were received, the public hearing was closed. Commissioner Firstner inquired about the Economic Court road extension and if the City has been able to reach out to any property owners. Development Services Director Rumer addressed his question. Commissioner Brinson commented on the extension of Old Winter Garden Road and inquired about the completion of the road, Development Services Director Rumer addressed his question. Regular City Commission Meeting May 3, 2022 Commissioner Wilsen commented on support of the extension of Old Winter Garden Road and shared she felt this was proactive and will get things moving forward. Mayor Johnson reiterated her sentiments. Commissioner Oliver inquired about the plans for the west side of Economic Court. Development Services Director Rumer addressed his question. Motion: Move to approve The Regency Mixed -Use Development Large Scal PreliminarV Site Plan; Moved bV Commissioner Firstner, seconded b Commissioner Oliver; Motion carried 5-0. 'r e Sca' ,nded b Motion: Move to approve the Development Agreement for The RegencV; Move bV Commissioner Firstner, seconded by Commissioner Oliver; Motion carded 5- REGULAR AGENDA -None COMMENTS FROM CITIZENS/PUBLIC — None COMMENTS FROM COMMISSIONERS - 3: 0 1 PM Commissioner Brinson — Commented on the following: 1) Congratulated the recipients of the scholarship awards. 2) Announced school will be out soon and to please be mindful of children playing outside. 3) Asked residents to stay safe in this summer heat and stay hydrated. 4) Asked drivers to be patient while driving especially while in construction zones. Commissioner Wilsen — Commented on the following: 1) Thanked the Police Department for issuing tickets to speeders this week. 2) Announced this Friday is the Downtown Cinco de Mayo Block Party off of McKey Street, and thanked the downtown businesses for participating. Commissioner Firstner — Commented on the following: 1) Announced the Asian Pacific American Heritage Council is hosting an Asian Cultural Festival at the Lakeshore Center. 2) Congratulated the Fire Department for a very successful Open House event. 3) Announced the City pool opens this Saturday, May 7t". Commissioner Oliver — Commented on the following: 1) Announced this month is Teacher Appreciation Month, and presented a check to the Ocoee High School PTSA to assist with a teacher luncheon. 2) Announced he plans to attend the Orange County BCC meeting on May 10"' to petition for a traffic signal on Clarcona Ocoee Road and Ingram Road. 3) Asl,-,ed staff to look into installing a sidewalk on Ingram Road. 4) Requested another letter be mailed to OCPS asking when the new K-8 school will be built as promised to the City in 2008. 5) Shared he found a game called Ocoee-Opoly. 6) Shared a Bible verse. 7 1 P a g e Regular City Commission Meeting May 3, 2022 Mayor Johnson — Commented on the following: 1) Asked for a turn signal at the intersection of Bluford Avenue and Silver Star Road. 2) Stated the pole on Bluford Avenue has not been fixed yet. 3) Stated the County is behind with projects, because materials are hard to come by right now. 4) Stated he mailed a letter a few months ago to OCPS asking them why they have not built a new K-8 in Ocoee since they have the land for it off of Ingram Road. 5) Thanked staff for a wonderful volunteer appreciation dinner. 6) Announced organizations that he has gifted funds to from his discretionary funds. ADJOURNMENT —,BU3 IPM F.11-1-9 Attest: Melanie Sibbitt, City Clerk 23# �.• Rusty Johns )m�'�yor