Item 01 Approval of the Minutes for the Regular City Commission Meeting held September 20, 2022
MINUTES
REGULAR CITY COMMISSION MEETING
SEPTEMBER 20, 2022
CALL TO ORDER - 6:15 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 Brad Lomneck, Ocoee Resident, followed by the Pledge of
Allegiance to the Flag led by Commissioner Wilsen. City Clerk Sibbitt called the roll and
declared a quorum present.
Present: Mayor Johnson, Commissioner Brinson, Commissioner Wilsen, Commissioner Firstner,
Commissioner Oliver
Also Present: City Manager Frank, City Attorney Cookson, City Clerk Sibbitt
PRESENTATIONS AND PROCLAMATIONS - 6:16 PM
Proclamations for September/October 2022
th
Hispanic Heritage Month ~ September 15 – October 15th, read and proclaimed by Mayor
Johnson.
th
Diaper Need Awareness Week ~ September 24 – October 2nd, read by Commissioner
Wilsen and proclaimed by Mayor Johnson and accepted by Sharon Lyle, Central Florida Diaper
Bank.
STAFF REPORTS AND AGENDA REVIEW – none
COMMENTS FROM CITIZENS/PUBLIC - 6:23 PM
The following persons addressed the City Commission:
- Benjamin Hargrave, OYC Member, spoke on the recent ruling at the Tentative Budget
Hearing to withdraw the Youth Council’s funding for the annual trip to Tallahassee. He
urged the Commission to reconsider their stance on this topic and requested a grant to
match any funds the members raised in order to join other Youth Councils and attend the
conference in Tallahassee this year.
CONSENT AGENDA - 6:24 PM
Consent Agenda Motion
Motion: Move to adopt the Consent Agenda Item #1-15 with Items #3, 6, 7 and 11
being pulled for discussion and separate consideration.
Moved by Commissioner Brinson, seconded by Commissioner Oliver; Motion
carried 5-0.
Regular City Commission Meeting
September 20, 2022
1. Approval of the Minutes for the Budget Workshop held August 9, 2022, and the
Regular City Commission Meeting held August 16, 2022. (City Clerk Sibbitt)
Approved on Consent. Motion carried 5-0.
2. Approval of New Appointments to the Citizen Advisory Council for Ocoee Fire
Department (CACOFD). (City Clerk Sibbitt)
The Citizen Advisory Council for Ocoee Fire Department (CACOFD) was first created in 2003 by the Ocoee City
Commission for the general purpose of promoting and maintaining a positive relationship between the citizens of the City
of Ocoee and the Ocoee Fire Department. Members of the Citizen Advisory Council for Ocoee Fire Department (CACOFD)
serve a three-year term. The CACOFD Bylaws, Article 3 (Membership), allows no more than nine (9) members, and
currently the Board has four (4) members. Two applications have been received by Jim Moyer and Rick Kepler who have
shown an interest in being appointed to the CACOFD for a three-year term ending November 2025.
Approved on Consent. Motion carried 5-0.
3. Approval of New Appointment to the Citizen Advisory Council for Ocoee Police
Department (CACOPD). (City Clerk Sibbitt)
The Citizen Advisory Council for Ocoee Police Department (CACOPD) was first created in 1988 by the Ocoee City
Commission for the general purpose of promoting and maintaining a positive relationship between the citizens of the City
of Ocoee and the Ocoee Police Department. Members of the Citizen Advisory Council for Ocoee Police Department
(CACOPD) serve a three-year term. The CACOPD Bylaws, Article 3 (Membership), allows no more than nine (9) members,
and currently the Board has seven (7) members. An application has been received by Jim Moyer who has shown an interest
in being appointed to the CACOPD for a three-year term ending January 2025.
Commissioner Oliver shared his confusion on the procedures for Board appointments since they
have had discussions at past meetings about trying to keep the districts balanced. He further voiced
the need for a uniform process. A discussion ensued about what had occurred at their previous
meeting, and that staff was not directed to create a policy. Consensus of the City
Commission was to direct City staff to review the Advisory Boards to create a
policy on Board Appointments.
Motion: Move to approve Consent Agenda Items #3, 6 and 7; Moved by
Commissioner Wilsen, seconded by Commissioner Brinson. Motion carried 5-0.
4. Approval of Appointment to the Community Redevelopment Agency Board (CRA).
(Deputy Development Services Director/CRA Administrator Corless)
As authorized by Ordinance 2006-007 and Section 163.357(1)(c), Florida Statutes and as provided by the Interlocal
Agreement with Orange County, the governing board of the CRA shall consist of the five members of the City Commission
plus two individuals appointed by the City Commission. One of the appointed members shall be nominated by Orange
County and appointed by the City Commission. The term of office of the appointed members shall be for four (4) years.
Mark Marsh, who was the appointed City nominated Board Member, resigned from the appointment in May of 2021. The
CRA has received an application from Philip Koovakada, President, Orlando Health, Health Central Hospital.
Approved on Consent. Motion carried 5-0.
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September 20, 2022
5. Approval of Change Order No. 5 to ITB #22-001 Ocoee Wellness Park. (Deputy
Development Services Director/CRA Administrator Corless)
Construction of Wellness Park continues with the pouring of the sidewalks, forming and pouring of curbs, and construction
of the parallel parking spaces along Ocoee Commerce Parkway. In evaluating the condition of the roadway during
construction, staff feels it is important to resurface Ocoee Commerce Parkway as part of the park project and believes that
by refurbishing the roadway, the Healthy West Orange Wellness Park will look more complete. SA Casey Construction
was asked to provide a quote to complete the milling and resurfacing of the roadway. After reviewing the provided quote
with the Public Works team, staff feels it is most efficient and cost effective to have SA Casey complete the work along
with the rest of the project.
Approved on Consent. Motion carried 5-0.
6. Approval of a Road Closure for the Lux & Low Toys for Tots Car Show Special Event
at McKey Street & South Cumberland Avenue. (Development Services Director
Rumer)
The Applicant, Arif Mohamed, is requesting the closure of McKey Street between Bluford Ave. and Kissimmee for a Car
show on Sunday, December 18, 2022. Staff respectfully recommends that if the City Commission approve the temporary
public road closure, the approval is stipulated on the following: 1) Public Works will stage barricades the week before the
event. 2) Event organizer will be responsible for setting up and removing barricades. 3) Public Works will pick up the
barricades the following regular working day. 4) Any vendor cooking outside of a food truck must be inspected by the
Building and Fire Department prior to use.
Commissioner Wilsen commented on the complaints she received last year regarding noise and
parking issues from her District residents. She requested an agreement from the applicant that the
same issues from last year do not occur, and further shared that if she receives complaints, she will
notify the Police Department, and they may shut down the event. Arif Mohamed, applicant,
addressed her concerns and advised he would speak to the participants. Further discussion ensued
on the issue of loud music that occurred at last year’s event. Mr. Mohamed shared he will control
the show this year. Police Chief Plasencia shared the event can be closed down if the music is too
loud. Commissioner Brinson inquired if the City has a noise ordinance. Police Chief Plasencia
answered in the affirmative, and shared that a condition of approval for this permit can be to require
the music be kept low. Further discussion ensued on the measurement for noise pollution.
Commissioner Oliver inquired if there was police security at last year’s event. Police Chief
Plascencia answered in the affirmative.
Motion: Move to approve Consent Agenda Items #3, 6 and 7; Moved by
Commissioner Wilsen, seconded by Commissioner Brinson. Motion carried 5-0.
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September 20, 2022
7. Approval of a Road Closure for the Crossing Guard’s Christmas Party at Sleepy
Harbour Drive. (Development Services Director Rumer)
The Applicant Leonarda Richardson is requesting the closure of Sleepy Harbour Drive for a Christmas Party being provided
by the Crossing Guard on Friday, December 9, 2022. Staff respectfully recommends approval with the following
requirements: 1) All residents that will be affected by the road closure must be notified in advance; and 2) Roads must be
blocked with proper barricades to be provided by the City’s Public Works Department.
Commissioner Wilsen inquired about the blocking of driveways for this request, and inquired if
the neighbors were informed. Leonarda Richardson, applicant, addressed her concerns and
shared she did speak with most of the neighbors but not all of them. Development Services
Director Rumer shared that the request is for a gathering and will not generate a lot of cars or
require vendors. He shared there is also another entrance into the subdivision.
Motion: Move to approve Consent Agenda Items #3, 6 and 7; Moved by
Commissioner Wilsen, seconded by Commissioner Brinson. Motion carried 5-0.
8. Approval of a Road Closure for the Police Department to Host National Night Out on
McKey Street. (Police Chief Plasencia)
The Police Department desires to host a National Night Out event on Saturday, October 15, 2022, from 4:00 p.m. to 9:00
p.m. on McKey Street. The event will include displays, food vendors, activities, and entertainment. Many of the local
businesses in the area will be participating in the event. National Night Out enhances the relationship between neighbors
and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring
police and neighbors together under positive circumstances. During the event, McKey Street will be closed from Bluford
Avenue to Kissimmee Avenue and Cumberland Avenue from Floral Street to W. Oakland Avenue.
Approved on Consent. Motion carried 5-0.
9. Approval of Lake Lilly – Alibi Apartments Revised Drainage Easement. (Development
Engineer Keaton)
This proposed drainage easement revision is located in parcel number 29-22-28-0000-00-007. The original drainage
easement is documented in OR Bk 5949, Pg. 3800 was entered as of the 16th day of February 2000 by Heller Bro Groves.
The Drainage Easement was needed to cover a drainage pipe that runs from the City of Ocoee pond on Maguire Road east
to the drainage pond at Lake Lilly. This Drainage Easement revision is required in order to cover the underground drainage
pipes that are being re-routed around a proposed building on the Alibi Apartment site. The pipe connects the stormwater
from the City of Ocoee’s Drainage Pond on Maguire Road to tract A of the Lake Lilly Development.
Approved on Consent. Motion carried 5-0.
10. Approval of a Two-Year Warranty Surety and Maintenance, Materials, and
Workmanship Agreement with AWAD Phase 1 LLC for Arya Active Adult Luxury
Apartments. (Development Engineer Keaton)
Arya Active Adult Luxury Apartments are located on the north side of Roberson Road, east of the northeast corner of
Roberson Road and Windermere Road. The property consist of (1) 203,270 square foot four-story luxury apartment
building. This Luxury Apartment building includes 242 beds. As a requirement of the Land Development Code, the
developer is required to furnish the City a Surety to cover any possible damages discovered during the next two years.
Should the developer not choose to make those repairs, AWAD Phase LLC has provided the City with an Escrow in the
amount of 10% of the constructed improvements. The Escrow provided is for a grand total of $9,423.32. The Surety will
be returned to the developer upon completion of the two-year warranty period and the repair of any damages caused over
those two years.
Approved on Consent. Motion carried 5-0.
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11. Approval of Wynwood Subdivision Plat - Phase 1 & 2. (Development Engineer Keaton)
This plat is for Phase 1 and 2 of the Wynwood Subdivision. The subject property is located on the south side of W.
McCormick Road and west of N. Apopka Vineland Road. This subdivision will include a future development creating a
total of four phases. The total area of the Subdivision amounts to approximately 186.39 acres. This Plat is required in order
to create the 190 lots in Phase 1 and 2 for the residential subdivision, associated street right-of-way, and tracts for open
space, recreation, and retention facilities. The Plat also includes easements for emergency vehicle access, reclaim water
lines, drainage, stormwater retention pond, and other public utility easements.
Commissioner Oliver inquired if the traffic signal was still agreed at 50%. Development Services
Director Rumer answered that the developer will pay 50% of the signal once Orange County
decides when it needs to be installed. He shared that 35 feet is also being dedicated to the trail and
will be constructed by the developer. Commissioner Oliver shared his disapproval of this item
due to concerns of traffic and accidents in that area.
Motion: Move to approve Consent Agenda Item #11; Moved by Commissioner
Wilsen, seconded by Commissioner Firstner.
Commissioner Brinson inquired about the concerns mentioned by Commissioner Oliver and
asked what the fatalities are for that intersection. Police Chief Plasencia advised she did not have
any information available this evening, but could provide the requested information to him.
Development Services Director Rumer explained the approval for this evening is only to
authorize the Mayor to execute the Plat. He further explained the approval process for the
subdivision in question, which he stated has already occurred and was approved by the City
Commission.
Motion carried 4-1 with Commissioner Oliver opposing.
12. Approval of Extension of the City of Ocoee’s Banking Services with Truist (Formerly
SunTrust). (Finance Director Roberts)
The City of Ocoee’s contract with Truist expired August 31, 2022. The previous contract was a piggy-backing relationship
based upon The City of Ocala’s contract. In August 2022, the Finance Department negotiated with Truist to continue to
piggy-back on Ocala’s contract. In favor of a four-year extension, Truist will offer 50 basis points on the City’s
compensating balance and 60% of the top end of the Fed Fund Target range on all balances above the compensating balance.
This represents a unique pricing (interest rate) arrangement which ensures the City benefits from the variable nature of
federal interest rates.
Approved on Consent. Motion carried 5-0.
13. Approval to Install New Synthetic Turf for Withers-Maguire House Project. (Parks
and Recreation Director Johnson)
The Parks and Recreation Department budgeted $100,000.00 in Fiscal Year 21/22 to replace the natural turf at the Withers-
Maguire House lawn with synthetic turf for special events and weddings. City staff would like to have the new synthetic
turf installed prior to this year’s Holiday Event on December 10, 2022. The use of the specified contractors to complete this
urgent work will need the required purchasing code waived. This synthetic turf is ideal for medium to high traffic
applications. The turf ensures maximum durability and the panel system creates a stable long-lasting base that drains well
and holds up to the heaviest of foot and mechanical traffic. City staff has researched contractors that they have confidence
in to complete the job quickly and efficiently. ProGreen, a City of Ocoee business, was previously awarded the installation
of synthetic turf on the Vandergrift Central Park Baseball Fields and can complete the project by the date required.
Approved on Consent. Motion carried 5-0.
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14. Approval to Piggyback Sourcewell Cooperative Purchasing Contract for Phase 1 of the
Vandergrift Central Park Skatepark Project. (Parks and Recreation Director
Johnson)
The Parks and Recreation Department has $250,000 budgeted in Fiscal Year 21/22 for Phase 1 of the Vandergrift Central
Park Skatepark. Phase 2 will be brought back to City Commission at a later date. City Staff has extensively researched to
find a company that they have confidence in to get the job completed, and also one that has experience with other local
municipalities in Central Florida. American Ramp Company is a nationally recognized company that has developed
skateparks throughout Central Florida, including Orlando, Orange County and Longwood. American Ramp Company is
part of Sourcewell, a cooperative purchasing program, of which the City of Ocoee is a member. The Parks and Recreation
Department is confident American Ramp Company will design, develop and build a Skatepark for the City to be proud of.
Approved on Consent. Motion carried 5-0.
15. Approval for Extension of the School Resource Officer Agreement with Orange County
Public Schools. (Police Chief Plasencia)
The Ocoee Police Department provides to Orange County Public Schools a total of nine (9) officers and one (1) supervisor:
five (5) School Resource Officers for five (5) elementary schools, two (2) School Resource Officers for one (1) middle
school, and two (2) School Resource Officers for one (1) high school, all of which are located within the City of Ocoee. An
agreement between the City and the School Board of Orange County is required in order for the Police Department to
delineated officers' responsibilities and for the City to be reimbursed by the School Board of Orange County for a portion
of the officers' and a supervisor’s salaries. Previously, this Agreement was in effect from July 1, 2021, to June 30, 2022.
The Police Department, in consultation with the City Attorney’s Office, is requesting to enter into a two-year agreement
covering the 2022/2023 and 2023/2024 school years. The agreement will commit the School Board of Orange County to
pay for reimbursement of $57,500 for one (1) supervisor and $57,500 per School Resource Officer for the 2022/2023 school
year. These rates will increase to $60,000 in the second year, 2023/2024 school year, for all positions.
Approved on Consent. Motion carried 5-0.
FIRST READING OF ORDINANCE - 6:53 PM
16. First Reading of Ordinance for Covington Oaks – Rezoning from A-1 (General
Agriculture) to R-1A (Single Family Dwelling); Project No: RZ-22-07-39. (Second Reading
and Public Hearing scheduled for October 4, 2022, Regular Commission Meeting at 6:15 pm or soon
thereafter) (Zoning Manager Whitfield)
The subject property is approximately 9.94 acres and located on the north side of A. D. Mims Road and west of North
Apopka Vineland Road. The property is currently designated Low Density Residential (LDR) on the Future Land Use Map,
which allows density at up to 4 dwelling units per acre. The applicant is requesting to rezone to R-1A, which is the same
zoning district as the neighborhoods to the west and east.
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 October 4, 2022, at 6:15 PM or soon thereafter.
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17. First Reading of Ordinance for Ocoee Oaks Joint Venture – Rezoning from A-1
(General Agriculture) to R-1A (Single Family Dwelling); Project No: RZ-22-08-43.
(Second Reading and Public Hearing scheduled for October 4, 2022, Regular Commission Meeting at 6:15 pm
or soon thereafter) (Zoning Manager Whitfield)
The subject property is located in the northeast corner of the South Clarke Road and White Road intersection and contains
approximately 12.59 acres; however, only that southern 5.71-acre portion adjacent to White Road is the subject of this
rezoning request. The property is currently designated Low Density Residential (LDR) on the Future Land Use Map, which
allows density at up to 4 dwelling units per acre. The applicant is requesting to rezone to R-1A, the same zoning district as
the neighborhoods to the east and south.
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 October 4, 2022, at 6:15 PM or soon thereafter.
SECOND READING OF ORDINANCE – PUBLIC HEARING - None
PUBLIC HEARING - 6:55 PM
18. Alcohol Distance Waiver for Inspiration Planned Unit Development (PUD). (Advertised
in the West Orange Times on Thursday, September 8, 2022) (Development Services Director Rumer)
In order to facilitate and encourage the location of schools and churches within Planned Unit Developments (PUDs) and
Special Overlay Areas, the City Commission may, following an advertised public hearing, exempt land located within a
Planned Unit Development zoning district and/or Special Overlay area from meeting the required Alcohol Consumption
distancing provisions found in City Ordinance 38-5. This ordinance requires a business serving alcohol that is not associated
with a restaurant to not be located within 1,000 feet of a school property or 1,000 feet to the door of a church. The Inspiration
PUD is a mixed-use development which contains a Daycare/Pre-school, retail, restaurants, office, and townhomes. All of
the development is internal to one access point and does not contain any “outparcels”. Niki Shah is opening a Cosmetic
Boutique called Rouge and is applying for an Alcohol License to serve beer and wine. Due to the location of the building
within the PUD and in proximity to the Pre-School, a waiver to the alcohol distancing requirements is required for approval.
Development Services Director Rumer explained the City Commission may, following an
advertised public hearing, exempt land located within a Planned Unit Development zoning district
and/or Special Overlay area from meeting the required Alcohol Consumption distancing
provisions found in City Section 38-5 of the Code of Ordinances. He explained that it was the
intent of this PUD to have a mixture of uses that also contemplated or planned for alcohol
consumption within the overall development. He shared the Applicant, Niki Shah, is requesting an
alcohol distance waiver to serve beer and wine at her cosmetic boutique called Rouge. Her
boutique is located within the Inspiration PUD which is a mixed-use development that contains a
Daycare/preschool, retail, restaurants, office, and townhomes. He further stated staff supports the
waiver request and recommends approval.
City Attorney Cookson inquired if there was interconnectivity between the school and the
boutique. Development Services Director Rumer addressed his question and explained they are
not side by side, but the school is within the proximity of the business.
The public hearing was opened.
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The following person(s) addressed the City Commission:
- Niki Shah, Owner/Applicant, described her business and explained the ambience setting
will be a relaxing environment with the ability for them to offer champagne or wine.
Commissioner Oliver inquired if they would be selling or serving alcohol. Ms. Shah
explained it would be sold as part of the service.
Development Services Director Rumer provided additional information on proposed businesses
for the Inspiration PUD.
The public hearing was closed.
Motion: Move to approve the Alcohol Distance Waiver for Inspiration Planned Unit
Development (PUD); Moved by Commissioner Firstner, seconded by
Commissioner Oliver; Motion carried unanimously.
19. Variance Request for Romero at 606 Center Street, VR-22-06. (Advertised in the West Orange
Times on Thursday, September 8, 2022) (Zoning Manager Whitfield)
The applicant/property owner, Jose Romero, is requesting approval of variance from Section 5-14A to reduce the front
building setback from twenty-five (25) feet to six (6) feet, representing a 76% setback reduction, in order to allow the
installation of a carport nineteen (19) feet inside of the minimum setback of an existing single-family home. The subject
property is a corner lot with roadway right-of-way frontage along the east side (Cardinal Street) and south side (Center
Street).
Zoning Manager Whitfield presented a brief overview of the variance request located at 606
Center Street and zoned R-1A (Single-Family Dwelling District). The subject property is a corner
lot with roadway right-of-way frontage along the east side (Cardinal Street) and south side (Center
Street). The applicant/property owner, Jose Romero, is requesting approval of variance from
Section 5-14A to reduce the front building setback from twenty-five (25) feet to six (6) feet,
representing a 76% setback reduction, in order to allow the installation of a carport nineteen (19)
feet inside of the minimum setback of an existing single-family home.
Zoning Manager Whitfield explained the research conducted on existing improvements which
determined that the applicant has exceeded the 50% impervious. She explained staff is
recommending denial based on their findings, and the Planning & Zoning Commission also
recommended denial.
The public hearing was opened.
The following person(s) addressed the City Commission:
- Jose Romero, Applicant, 606 Center Street, Ocoee, explained why he would like to build
a carport on this section of his property.
Commissioner Wilsen asked for confirmation that he has reached the maximum 50% of the
impervious improvements. Zoning Manager Whitfield answered in the affirmative.
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Commissioner Oliver inquired if any of the four criteria for approval of a variance were met.
Zoning Manager Whitfield stated it was staff’s conclusion that the application does not.
The public hearing was closed.
Motion: Move to deny the Variance Request for Romero at 606 Center Street, VR-
22-06; Moved by Commissioner Firstner, seconded by Commissioner Oliver;
Motion carried unanimously.
20. Orchard Park Assisted Living Facility at 2755 Grapevine Crest – Special Exception,
Project No. 08-22-SE-030. (Advertised in the West Orange Times on Thursday, September 8, 2022)
(Zoning Manager Whitfield)
The subject site is approximately .21 acres and located at 2755 Grapevine Crest, generally on the east side of Grapevine
Crest and approximately 660 feet south of Clarcona Ocoee Road. The property is currently being used for a minor
Community Residential Home (CRH) serving five (5) residents, and the applicants are proposing to increase this number
to ten (10) residents, making it a major CRH (which is defined as serving seven (7) to fourteen (14) residents). The proposed
conversion from a minor to a major CRH will operate in the existing single-family dwelling unit and will not include any
additional structures or buildings. No site improvements are proposed. The applicants have already received licensing from
the State for the operation of a 10-bed facility.
Zoning Manager Whitfield presented a brief overview of the Special Exception, which is located
at 2755 Grapevine Crest, toward the east side of Grapevine Crest and approximately 660 feet south
of Clarcona Ocoee Road. The subject site is approximately .21 acres and currently zoned R-1AA
(Single Family Dwelling District). The property is currently developed with a single-family
residence, and the property owners/applicants are currently using it as a minor community
residential home (CRH) serving five (5) residents. The owners/applicants applied with the State
and have already received the licensing required to operate a facility that serves ten (10) residents
and are now applying for the special exception to change from a minor CRH to a major CRH in
order to serve up to ten (10) residents.
Zoning Manager Whitfield explained staff findings based on consistency with the
Comprehensive Plan and Land Development Code and the criteria for approval of a special
exception and major community residential home. Based on staff findings and the
recommendations of the DRC and Planning and Zoning Commission, staff recommends that the
City Commission approve the Special Exception application for a major community residential
home use on the property located at 2755 Grapevine Crest, for a major community residential
home use serving ten (10) residents. Zoning Manager Whitfield advised that an email was sent
to the City Commission from the HOA stating their concerns. She advised that the decision made
this evening is not dependent upon HOA approval.
The public hearing was opened.
The following person(s) addressed the City Commission:
- Michael Singh, Owner/Applicant, explained they are licensed and has operated this home
for up to five beds since 2016. He addressed the concerns on parking and explained they
require appointments for doctor visits and family/friend visitations. He further elaborated
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on the care they provide to their residents and the support they have received from them to
operate a 10-bed facility.
Commissioner Oliver inquired about when Mr. Singh started the business and if HOA approval
was received when they initially started the business. Mr. Singh stated the 5-bed home was
previously approved by the HOA. Commissioner Oliver further inquired if any complaints have
been received on his business, if interior alterations of the home are needed, and if additional
staffing is required for the increase in beds. Mr. Singh addressed his questions. Commissioner
Oliver voiced his apprehension on the Special Exception due to the HOA concerns that he
received. He inquired if the HOA conducted a Special Meeting to approve the 10-bed facility. Mr.
Singh stated they did not.
Commissioner Brinson inquired if there are any issues with the 1,000 feet requirement and if the
Table 5-1 will be updated. Zoning Manager Whitfield addressed his questions
- Kathy Chelini, 2768 Grapevine Circle, Ocoee, stated she does not see any impact on a
daily basis in terms of traffic or noise with this request. She explained she was a legal nurse
consultant for ALFs, and she has seen and examined this home and found this home to be
a stellar ALF compared to larger ALFs. Commissioner Firstner inquired Ms. Chelini’s
professional opinion on the increase of beds and if she foresees any problem with the
increase. Ms. Chelini shared she did not.
Commissioner Wilsen requested the City Commission continue this item to allow the applicant
time to go before their HOA. Mr. Singh shared that it is not a requirement by the State to receive
HOA approval on the increase of beds. He shared he does not object to requesting HOA approval
but has concerns of denial when the City may grant the Special Exception. Commissioner
Brinson asked for legal opinion if the City grants the Special Exception prior to HOA review.
City Attorney Cookson advised that the Commission is not aware of the HOA objections, and
the City does not enforce those HOA declarations and restrictions. He explained the City can
approve this Special Exception without the HOA approval as long as the applicant is in compliance
with the State regulations and City Codes. Mayor Johnson shared he does not object with the
request but questioned the order in which approval is granted when a resident lives in an HOA.
City Attorney Cookson advised that a resident not being in compliance with their HOA
declarations is separate from any City Commission approval. Commissioner Oliver commented
on the email received from the HOA.
- Brad Lomneck, Ocoee Resident and Planning and Zoning Chair, shared this Special
Exception public hearing was noticed twice, and the HOA had the opportunity to attend to
voice their concerns. He further shared at their Planning and Zoning Commission Meeting
they had many residents speak in support of the business, which included a member from
the Architectural Review Board for Orchard Park.
The public hearing was closed.
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Motion: Move to continue the Special Exception for the Orchard Park Assisted
Living Facility at 2755 Grapevine Crest, Project No. 08-22-SE-030 to allow review
by the Orchard Park HOA; Moved by Commissioner Wilsen; Motion died for lack of
Second.
Commissioner Brinson inquired when they would be opening the 10-bed facility. Mr. Singh
addressed his question; and further, shared he can provide information to his HOA as a formality
once this is approved by the City.
Motion: Move to approve the Special Exception for the Orchard Park Assisted
Living Facility at 2755 Grapevine Crest, Project No. 08-22-SE-030; Moved by
Commissioner Brinson, seconded by Commissioner Firstner; Motion carried 4-1
with Commissioner Wilsen opposing.
Recess 7:50 PM - 7:55 PM
City Attorney Cookson shared that during the last item it was discussed that there is a discrepancy
between Table 5-1 and the Land Development Code, and further suggested that the City
Commission direct staff to make the necessary changes. Consensus of the City Commission
was to direct staff to make the necessary changes to Table 5-1 referenced in
Section 5-8A of Article V.
21. 429 Business Center Phase II East - Large Scale Preliminary Site Plan, Project No. LS-
2022-008. (Advertised in the West Orange Times on Thursday, September 8, 2022) (Zoning Manager
Whitfield)
The subject property is zoned I-1 (Light Industrial) and has a Light Industrial Future Land Use Map designation. It is
approximately 11.23 acres of undeveloped land and located on the west side of Ocoee Apopka Road, north of the
intersection of Palm Drive and Ocoee Apopka Road. The subject property is also located within the SR 429 Overlay District
Business Center Character Area and the Wekiva Study Area. The 429 Business Center Phase II East development is a light
industrial and flex warehouse development totaling 126,402 SF of leasable space contained in two (2) 45,000 SF buildings
in the rear and one (1) 36,402 SF building along Ocoee Apopka Road. The site proposes two (2) access points off of Ocoee
Apopka Road. One of the access points is via a new east-west road along the north side of the subject property. This new
roadway includes a 50-foot right-of-way, designed to City standards, and will be dedicated to the City. It is consistent with
the transportation vision for the Business Character District and will also provide transportation access to the adjacent 429
Business Center Phase II West.
Zoning Manager Whitfield presented a brief overview of the Large-Scale Preliminary Site Plan
for 429 Business Center Phase II East, which is approximately 11.23 acres of undeveloped land
and is located on the west side of Ocoee Apopka Road, approximately 1,275 feet north of the
intersection of Palm Drive and Ocoee Apopka Road. The subject property is also located within
the SR 429 Overlay District Business Center Character Area and the Wekiva Study Area. The 429
Business Center Phase II East development is a light industrial and flex warehouse development
totaling 126,402 SF of leasable space contained in two (2) 45,000 SF buildings in the rear and one
(1) 36,402 SF building along Ocoee Apopka Road.
The DRC and Planning and Zoning Commission voted to recommend approval of the project
subject to the following conditions:
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Regular City Commission Meeting
September 20, 2022
Conditioned upon Final Site Plan review, resolution of outstanding comments, including
adjustments to the southernmost driveway as needed so that the driveway apron does not
extend beyond the property boundary and impact the residential driveway to the south.
The applicant will continue to work with the Utilities Department for the installation of the
offsite utilities as well as ownership and maintenance of them.
Execution of a Development Agreement relative to the dedication of 24.5-foot right-of-
way along Ocoee Apopka Road and the proposed 50-foot ROW for the new east-west road
along the north side of the subject property.
The public hearing was opened. As no speaker forms were received, the public hearing was closed.
Commissioner Wilsen inquired if this project backs up to Palm Park. Development Services
Director Rumer answered in the affirmative.
Mayor Johnson disclosed that he will be abstaining from voting on this item as the Real Estate
company he is associated with is involved with this property.
Motion: Move to approve the 429 Business Center Phase II East - Large Scale
Preliminary Site Plan, Project No. LS-2022-008, subject to the conditions presented
by staff; Moved by Commissioner Firstner, seconded by Commissioner Brinson;
Motion carried 4-0 with Mayor Johnson abstaining. (Form 8B is filed with the City Clerk’s Department.)
22. 429 Business Center Phase II West - Large Scale Preliminary Site Plan, Project No. LS-
2022-009. (Advertised in the West Orange Times on Thursday, September 8, 2022) (Zoning Manager
Whitfield)
The subject property consists of three (3) parcels, totaling approximately 5.58 acres, and is located on the east side of Pine
Street. Although the parcels are still wooded, they are currently developed for single-family residential uses. The 429
Business Center Phase II West development is a light industrial and flex warehouse development totaling 70,720 SF of
leasable space contained in a single building. The site proposes two (2) driveway access points off of Pine Street; however,
based on the conditions of approval for the Small Scale Comprehensive Plan Future Land Use Map Amendment and
Rezoning for these properties, industrial and commercial traffic and vehicles will not utilize Pine Street. Instead, the
development of this site will be dependent upon and utilize the future east-west road within the proposed 50-foot right-of-
way located along the north property boundary and extending to Ocoee Apopka Road. This new roadway is consistent with
the transportation vision for the Business Character District and will connect this project to the Phase II East project.
Zoning Manager Whitfield presented a brief overview of the Large-Scale Preliminary Site Plan
for 429 Business Center Phase II West, which is approximately 5.58 acres, and is located on the
east side of Pine Street, beginning approximately 462 feet north of Palm Drive. The subject
property is also located within the SR 429 Overlay District Business Center Character Area and
the Wekiva Study Area. The 429 Business Center Phase II West development is a light industrial
and flex warehouse development totaling 70,720 SF of leasable space contained in a single
building. The site proposes two (2) driveway access points off of Pine Street; however, based on
the conditions of approval for the Small-Scale Comprehensive Plan Future Land Use Map
Amendment and Rezoning for these properties, industrial and commercial traffic and vehicles will
not utilize Pine Street. Instead, the development of this site will be dependent upon and utilize the
future east-west road within the proposed 50-foot right-of-way located along the north property
boundary and extending to Ocoee Apopka Road.
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Regular City Commission Meeting
September 20, 2022
The DRC and Planning and Zoning Commission voted to recommend approval of the project
subject to the following conditions:
Conditioned upon Final Site Plan review, resolution of outstanding comments, and the
applicant working with the Utilities Department for the installation of the offsite utilities
as well as ownership and maintenance of them.
Execution of a Development Agreement relative to the dedication of 24.5-foot right-of-
way along Ocoee Apopka Road and the proposed 50-foot ROW for the new east-west road
along the north side of the subject property, and
Commercial and industrial, vehicular traffic associated with this industrial development
will not be permitted to access or utilize Pine Street, and signage and other mechanisms
will be put in place at the time of construction and improvements of Pine Street to limit the
use of Pine Street by cut-through traffic to and from Ocoee Apopka Road.
Development Services Director Rumer provided an update on the Pine Street design and on the
proposed developments that will occur within the SR 429 Overlay District Business Center
Character Area.
The public hearing was opened. As no speaker forms were received, the public hearing was closed.
Mayor Johnson disclosed that he will be abstaining from voting on this item as the Real Estate
company he is associated with is involved with this property.
Motion: Move to approve the 429 Business Center Phase II West - Large Scale
Preliminary Site Plan, Project No. LS-2022-009, subject to the conditions presented
by staff; Moved by Commissioner Brinson, seconded by Commissioner Wilsen;
Motion carried 4-0 with Mayor Johnson abstaining. (Form 8B is filed with the City Clerk’s Department.)
REGULAR AGENDA - None
COMMENTS FROM CITIZENS/PUBLIC - None
COMMENTS FROM COMMISSIONERS - 8:06 PM
Commissioner Wilsen – Commented on the following:
1) Voiced her discontent with the actions that occurred during the Tentative Budget Public
Hearing, urged multiple Commissioners to reconsider their position on multiple topics, and
encouraged residents to attend the Final Budget Public Hearing.
Commissioner Brinson – Commented on the following:
1) Spoke about several comments he recently received regarding roundabouts. Shared the
effectiveness they have on speeding, and encouraged drivers to learn how to navigate them.
2) Encouraged citizens to practice safe driving and to follow the 9 PM Routine.
3) Commented on fire safety and expressed the dangers of barrel-burning in a residential
community.
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Regular City Commission Meeting
September 20, 2022
4) Expressed the importance of Fentanyl awareness and encouraged residents to educate
themselves and their children. Reminded citizens to remain vigilant when dealing with
individuals they do not know, explaining that some drugs are disguised to look like candy.
Commissioner Firstner – Commented on the following:
1) Reminded residents of the importance of Hurricane Preparedness.
2) Shared that school is in session and that the sun is setting sooner. He encouraged drivers to use
caution on the roads and reminded them to be mindful of pedestrians out walking and children
playing outside.
Commissioner Oliver – Commented on the following:
1) Reiterated that school is in session and asked citizens to be alert as they travel around town.
2) Provided an update on the progress at the intersection of Ingram Road & Clarcona-Ocoee Road
and announced signage.
3) Urged residents to attended the Final Budget Public Hearing.
4) Shared that the $100,000 set aside for multi-cultural events was done to bring the community
together and allow individuals to experience different cultures.
5) Requested an update on the Clarke Road widening project. Development Services Director
Rumer addressed his inquiry, and offered to reach out to Public Works for an update.
6) Provided information for the upcoming election and encouraged voters to contact the Orange
County Supervisor of Elections with any questions or concerns they may have.
7) Shared inspirational quotes.
Mayor Johnson – Commented on the following:
1) Announced that he attended a Caribbean Festival event held at WOKB Radio and shared that
they offered to support the City with any Community Service announcements.
2) Announced the Orange County Sheriff's Office “Blueline Gala”, and inquired if the Commission
would like to support the event. After a brief discussion the Commission decided not to offer a
donation at this time.
3) Shared that he hopes there will be citizen participation tomorrow at the Final Budget Public
Hearing.
4) Encouraged residents to attend the Final Budget Public Hearing. Commissioner Brinson
inquired if it would be televised on Spectrum. City Clerk Sibbitt and IT Business Analyst
Marvich addressed his question.
ADJOURNMENT – 8:33 PM
APPROVED:
Attest: City of Ocoee
______________________________ _____________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
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