06-07-2022 MinutesMINUTES
REGULAR CITY COMMISSION MEETING
JUNE 7,2022
I CALL TOO ER - 6: 15 PN11 I
Mayor Johnson called the regular session to order at 6:15 PM in the Commission Chambers of
City Hall. The invocation was led by Mayor Johnson, followed by the Pledge of Allegiance to
the Flag led by Ocoee Resident, Brad Lonmeck. City Clerk Sibbitt called the roll and declared
a quorum present.
Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner
Absent: Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS -
Proclamation for Small Cities Month — June 2022, read and proclaimed by Mayor Johnson.
STAFF REPORTS AND AGENDA REVIEW - None
COMMENTS FROM CITIZENS/PUBLIC - 6:17 PM
The following persons addressed the City Commission:
- Sherrell Applegate, Ocoee Resident, introduced herself, provided an informational
brochure to the Commission, and invited them to the Isshinryu Budo Kai Dojo's Ocoee
Youth Karate Dojo Event. Commissioner Wilsen inquired if brochures could be placed
in the vestibule for the public, City Manager Frank provided approval.
I CONSENT AGENDA - 6.2 1, PRI
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carried 4-0 with Commissioner Oliver absent.
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Regular City Commission Meeting
June 7, 2022
The City has been experiencing a greater interest and influx of property owners and investors wanting to operate tourist
homes or vacation rental units in the City. Section 509.032(7), Florida Statutes (FS), preempts the City's ability to prohibit
vacation rentals or to regulate the duration or frequency of rental of vacation units if local Codes were not already in place
prior to 2011. Because the City had provisions in place regarding tourist homes, including the number of rooms that could
be offered for rent and requirements for parking and tax classification for lodging establishments based on the number of
rooms or rental spaces with fewer than five (5) rooms, the City has the ability to update its Code in a manner that does not
violate the preemption. The proposed ordinance details implementing amendments to Section 2-4 of Article 11 and Section
5-15 of Article V of the Land Development Code (LDC) relating to regulation of tourist homes.
City Attorney Cookson read the title of the Ordinance.
Mayor Johnson announced this will be presented as a second reading and public hearing at the
next scheduled City Commission meeting on June 21, 2022, at 6:15 PM or soon thereafter.
PUBLIC HEARING - 6. 23 PM
The applicant, Amanda Arjune, is requesting approval of a variance from Section 5-15B(2) of the Land Development
Code, which requires compliance with Section 419.001(2), Florida Statutes (FS), and which particularly prohibits the
location of a minor community residential home within 1,000 feet radius of another existing minor community residential
home, in order to allow a minor community residential home to be located within 550 feet of another minor community
residential home.
Zoning Manager Whitfield presented a brief overview of the variance request to Section 5-15.13,
LDC, for the property located at 902 Hire Circle, owned by Country Comfort Care Assisted
Living Facility (ALF). Country Comfort Care bought this home on March 22, 2022, with the
intent of operating a minor community residential home; however, they also operate another ALF
home within the same neighborhood to the west, which is within 1,000 feet of this variance
request. Section 419.001(2), Florida Statutes, particularly prohibits the location of a minor
community residential home within a 1,000 feet radius of another existing minor community
residential home. The applicant applied for an Assisted Living Facility (ALF) Reservation on
March 17, 2022, and was issued a denial of the Reservation on March 29, 2022, due to
noncompliance with the minimum distance separation requirements. The applicant has since
submitted a variance request in order to utilize the 902 Hire Circle property as a minor community
residential home, which is approximately 550 feet from the existing ALF located at 863 Kuenz
Place.
Based on the findings, and the requirements of Article IV, Section 4-9A and Article V, Section
5-1513, LDC, staff finds that the variance is not needed or justified, and staff does nonsupport the
variance request,
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Regular City Commission Meeting
June 7, 2022
The public hearing was opened
Jacob Schumer, Associate at Shepard, Smith, Kohlmyer & Hand, P.A., provided legal aspects of
the application request and his interpretation of Florida Statute, which he felt would allow the
granting of the Assisted Living Facility (ALF) request. He also explained the Agency for Health
Care Administration (AHCA) affadvait requirement, and advised of factors that also allow the
granting of the variance, Mr. Schumer provided further testimony in support of the variance
request.
City Attorney Cookson asked for clarification from Mr. Schumer on the interpretation he
provided on Section 419.001(2), Florida Statutes. Mr. Schumer addressed his question,
Amanda Arjune, Applicant, Country Comfort Core, Ocoee, shared photos on the improvements
she made to the property at 863 K-Lienz Place and explained the benefits of an ALF versus another
use of the property such a rental property. She further shared her success in the ALF business,
and expressed that she would not be creating any problems for the surrounding residents and
community.
Jairam Udit, 936 Hire Circle, Ocoee, spoke in opposition of the variance request.
Rubens Onofrio, 900 Hire Circle, Ocoee, spoke in opposition of the variance request.
Rajen Goberdhan, 834 Kazaros Circle, Ocoee, spoke in opposition of the variance request.
Quang Tran, 905 Hire Circle, Ocoee, spoke in opposition of the variance request.
Gail Woods, 942 Hire Circle, Ocoee, spoke in opposition of the variance request.
Audrey Ais, 908 Hire Circle, Ocoee, spoke in opposition of the variance request.
Scott Kennedy, Ocoee Resident, spoke about the current changes occurring within the State laws
that affects Homeowners Assocations (HOA) and override the City's and HOA's ability to
regulate uses.
Jean Ais, 908 Hire Circle, Ocoee, spoke in opposition of the variance request.
Jacob Shumer addressed the comments made by the residents, and advised the home will remain
just as quiet as the neighboring homes. Amanda Arjune addressed the traffic concerns and shared
she has witnessed occurances of multiple vehicles outside of a residential home for visitations
and gatherings that exceed the number of vehicles she may have at her current ALF home, She
further addressed safety concerns that were voiced.
The public hearing it)as closed
Commissioner Brinson commented on challenges endured by local government due to the recent
legislation passed. He voiced that variances set a precendent, and that the City Commission has
to consider the example it may set. He expressed he has not heard any evidence that an adverse
effect is being made within the community by allowing the ALF, and asked a neighboring resident
if he felt this use affected him. Mr. Goberdhan addressed his question. City Attorney Cookson
explained that the burden is on the applicant to demonstrate that the situation is unique, and that
special conditions and/or circumstances exist which require this variance to be granted. He
advised it is not the responsibility of the residents to prove they are being adversely affected.
Regular City Commission Meeting
June 7, 2022
Commissioner Wilsen commented there is a 1,000-foot rule and felt it needed to be adhered to.
Commissioner Firstner shared he did not have a problem with the business or the aesthetics of
the home; however, if it did not meet the requirements of the State, HOA, and City rules then the
Commission needed to adhere to supporting staff s recommenation.
Mayor Johnson inquired from the applicant if she had presented her ALF request before the
HOA prior to the variance request. Ms. Arjune advised she did not.
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The applicant is seeking City approval to vacate the western 97.5 feet of the existing 5-foot Utility Easement located along
the south property line of Lot 13 of Jordana Hills, according to the Plat thereof as recorded in Plat Book 10, Page 112, of
the Public Records of Orange County, Florida, City of Ocoee, also described as 1909 Leslie Ann Lane and assigned parcel
ID number 09-22-28-4046-00-130.
Zoning Manager Whitfield presented a brief overview of the vacation request for the property
located at 1909 Leslie Ann Lane. She explained the applicant hired a contractor to obtain a permit
to extend their existing driveway up to the 5-foot easement and the permit was issued as such.
However, the applicant's contractor installed the pavers and a retaining wall with underground
drainage four (4) feet inside of the Utility Easement, and about one (1) foot off of the south side
property line. The permit failed inspection due to inconsistency with the permit and encroachment
into the easement. Thus, the applicant is seeking to vacate the Utility Easement in order to keep
the extended pavers and retaining wall. Should the City Commission approve this vacation, the
applicant will seek approval of a variance to Section 6-4H(2), LDC, which requires that residential
driveways be set back at least two (2) feet from the side or rear property lines.
The public hearing was opened.
Brian Arthur, Applicant, shared the reasons they needed the pavers, and the improvements they
have made to the property. He further explained the issues they experienced with the contractor
hired.
The public hearing was closed
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Commissioner Wilsen;
City Attorney Cookson briefly explained the variance request that will be coming before the
City Commission at a later time, and how the approval of the resolution should be contingent
upon that approval.
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Regular City Commission Meeting
June 7, 2022
Zoning Manager Whitfield provided further explanation on the variance process.
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REGULAR AGENDA - 7:36 PIVI
City staff has met with Florida Turnpike representatives three times to discuss Turnpike Widening PD&E Study
alternatives. At the most recent meeting on May 2, 2022, Turnpike representatives presented their preferred alternative
which calls for the creation of four (4) collector distributor (CD) lanes on the north and southbound sides of the Turnpike
and, as a result, requires up to 100 feet of additional ROW on the north side of the Turnpike. In addition to the 100 feet,
the City of Ocoee LDC requires a 75 foot building setback fi-om an expressway; therefore, it would be a total of 175 feet
from the Turnpike's ROW before a building can be located. This greatly impacts the adjacent developments - Alibi
Apartments and the planned Regency development located on the southern side of the CRA's Target Area 1.
Deputy Development Services Director/CRA Administrator Corless advised that Senior staff
has been working with the Florida Turnpike Enterprise on the widening of the turnpike and they
have reached the point of a preferred alternative study. She further introduced Jazlyn Heywood
with FDOT to provide an update of the study.
Jazlyn Heywood, FDOT, presented a PowerPoint explaining the FDOT Turnpike Widening
PD&E Study.
Commissioner Brinson inquired about the funding of this project. Henry Pinzon, FDOT,
addressed his question.
Commissioner Firstner inquired about the 2045 date within the study, and the timeline of
construction for this project. Jazlyn Heywood addressed his questions.
Commissioner Wilsen inquired if this will affect any of the projects that have been approved and
already in place. Deputy Development Services Director/CRA Administrator Corless
addressed her question and advised there will be some impact to projects approved in that area,
but they are open to come up with creative ways to lessen the impact.
I COMMENTS FROM CITIZE NS/PUBLIC - None
COMMENTS FROM COMMISSIONERS - 7:'5 )9 PM
Commissioner Firstner- None
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Regular City Commission Meeting
June 7, 2022
Commissioner Wilsen — Commented on the following:
1) Commended the Ocoee Police Department for their strong community presence and thanked
them for their recent support for the Special Olympics.
2) Commented on the American Flag banners along Bluford Avenue and shared that residents
have made positive remarks and encouraged the City to add additional banners year-round.
Commissioner Brinson — Commented on the following:
1) Announced the Juncteenth Event date time and location.
2) Spoke about the attendance at this evening's meeting and encouraged citizens to attend.
3) Addressed recent events and advocated for gun safety. He strongly encouraged gun owners to
act accordingly.
4) Encouraged public safety and pleaded with drivers to slow down and pay attention.
5) Requested Active Shooter Training in partnership with Orange County Public school. He
further stressed the importance of being proactive.
6) Spoke about the summer heat and encouraged everyone to stay hydrated.
Mayor Johnson — Commented on the following:
1) Inquired about the new City Hall. City Manager Frank addressed his concerns.
City Manager Frank shared that the Juneteenth event announced currently does not meet the
required processing approval, and City Commission approval is required to waive the Lakeshore
and Bill Breeze Park rental fees.
After a brief discussion
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required documents are submitted for the event.
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The Commission collectively reiterated that the approval granted is to waive the rental fees only.
It was emphasized that all associated fees incurred for the event would be the responsibility of
the event -holder.
Mayor Johnson stressed the importance for anyone requesting approval from the City
Commission to seek out City Staff before they plan to address the Commission. He reiterated the
importance of following the proper procedure.
Commission Wilsen inquired about previous discussions regarding a timeline for submitting a
request and asked why requestors are deviating from that decision. City Manager Frank
addressed her concerns.
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Regular City Commission Meeting
June 7, 2022
Mayor Johnson requested a memorandum be sent to the Elected Officials to outline the proper
procedures when presenting an event request before the Commission. City Manager Frank
address his concern.
ADJOURNMENT — 8-29 PM
Attest:
Melanie Sibbitt, City Clerk
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Rusty Jah w, Mayor
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