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09-20-2022 MinutesMINUTES 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 Hispanic Heritage Month — September 15th — October 15th, read and proclaimed by Mayor Johnson. Diaper Need Awareness Week — September 24th — 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 Meetingheld 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 shal I 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. 2 1 P a g e Regular City Commission Meeting September 20, 2022 5. , Approval of Change Order No. 5 to ITB #22-001Ocoee 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 Plasencia 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. 3 1 P a g e Regular City Commission Meeting 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. 4 1 P a g e Regular City Commission Meeting September 20, 2022 11. Approval of Wynwood Subdivision Plat Phase 1 & 2. (Development Engineer Keaton) This plat is for Phase I 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. 5 1 P a g e Regular City Commission Meeting September 20, 2022 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 ResourceOfficer 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-lA, 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. 6 1 P a g e Regular City Commission Meeting September 20, 2022 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-IA, 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),(Deyelopment 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. 7 1 P a g e Regular City Commission Meeting September 20, 2022 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-lA (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. 8 1 P a g e Regular City Commission Meeting September 20, 2022 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 9 1 P a g e Regular City Commission Meeting September 20, 2022 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. 101Page Regular City Commission Meeting September 20, 2022 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 11 East"- Large Scale Preliminary Site Plan, Project No. LS- 2022-008. (Advertised in the West Orange Times on Thursday, September 8, 2022) (ZoningManager 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: 111Page 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 88 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. 12 1 Page 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 CommissionerWilsen — 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. 13 1 Page 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 — 5:33 PM APPROVED: Attest: /_11, A X - ZL&& Melanie Sibbitt, City Clerk 141 Page ����U� �� U��U���� � ������ ��� ���� CONFLICT �x�� m����� �� x��������m���u� ��u VOTING ���x���V� N ����� ��»����� U���U����� U � ��� ������ LOCAL PUBLIC ����U����� COUNTY,u � m��o�u��m�^��, ��n�� OTHER ������� ����u� "�uuu���� LAST NAME—FIRST NAW_—MIDDLE E NAME OF B07,COUNCIL COMMISSION,AUTHORITY,onCOMMITTEE MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: - ' ~~ - '-~' - ocouwr/ o OTHER LOCAL Aoswov mr, 000w r'-�� �� NAME mFpuuruAL �����^. == ~ _ ZSUP'DiISION�:� omEowwx/u oo '' wv POSITION IS: j� s���x� o mAPPOINTIVE WHO MUST FILE FORM 813 This form io for use by any person serving atthe county, ody, orothor|ooa| leve|ofgovommontunanapbointddorelootedbuard. 00unci|. commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interestwill vary greatly depending on whether you hold an elective or appointive position. For this naaaon, p|omae pay o|noo attention to the instructions on this form before completing and filing the form. ` | INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public offiou MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or |oaa of principal (other than m government agency) by whom he or she is retained (including the parent,subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 183.358 or 103.357. F.S., and offivaxo of independent special tax districts elected on u one'ocn*, one-vote basis are not prohibited from voting in that capacity. For purposes of this |avu o "relative" includes only the officer's father, mother, non, daughter, huaband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in,or carrying on a business enterprise with the offiooraaa partner,joint venturer, 000wnerof property, or corporate shareholder(where the shares of the corporation are not listed on any national ur regional stock oxohango). ELECTED OFFICERS: In addition'to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes uf the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: ' ' Although you must abstain from voting in the situations described above, you are not prohibited by Section 1l2.8M43 fro r otherwise participating in these matters. Hpwuvar, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally orin writing and whether made by you orat your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ^ You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) oE FORM oB-EFF.11/2o13 PAGE I Adopted by reference mRb|u347u1o(1)0l.F.xc. APPOINTED OFFICERS (continuer) ^ Acopy of the form must boprovided immediately to the other members of the agency. ^ The form must ba read publicly at the next meeting after the form iafiled. ` IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ^ You must disclose orally the nature of your conflict in the measure before participating. ^ You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST � ��-\ | RLk'5 t «� � �/ harebydioo|ooathaton � �4��~~ ��� 20� ~_ ,w-~~^ `/ ' .~ ' (6)A measure came or will come before my agency which(check one m/more) inured homy special private gain orloss; inured to the special gain nr loss ofmy business associate, � inured to the special gain or loss ofm | ti ' � ' inured to the special gain or loss uf ,by whom | am retained; or ' inured to the special gain or loss of .which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: _ If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attonneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way _ ua0u provide the public with notice cf the conflict. Date Filed Signature 0 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR K4[}RE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY REPR|K8AND, OR CIVIL PENALTY NOT TO EXCEED$10.00O. i�s FORM oe-erF.11/2o1a PAGE Adopted uy reference m Rule a4-r.u1o(1)y).Fx.o. ����� �� �������� ����� �� ��� �����UU�� ��� 0��o� �� K�����������u� �n ��� uuu�� ��u���u� mm�� �*��UK���~�� ��UU��U�*�Q��� V �� ���� ���������� LOCAL PUBLIC ��������~��D��� COUNTY,n� umw��x�mx�*um-y~e�~x ��nnm�� OTHER m n�~�� �~*�p������~ m- �����~u�* OFFICERS u���~unm� IT E wAms BOARooww�oowxuT*omn�onuoMwn7ss .J�FIRST NAME��JDDLE MAILING ADDRESS THE BOARIJ'�COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON ^~� � �» �°� wmon/sEm/ |aAuw�on � � v ,��'��~m'�r��� =°v^o oo nx~��n' o � o �000 ' OTHER LOCAL wmws p n w �:� �� ����.�_~ �_^� °- �~. �����~ �� � �� � op�sow o h/ mvPOSm6w IS: ~ w'~~ �� sLscT/vs o APPOINTIVE" v~ WHO MUST FILE FORM 813 ' This form is for use by any person serving.atthe coUn� city,mother local level of government on an ap[oi elected board, council, commission, authority,orcommittee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interestwill vary greatly depending on whether you hold an elective or appointive position. For this roauon, p|ouae pay o|000 attention to the instructions on this fbnn before completing and filing the form. ~ ~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112'3143" FLORIDA STATUTES A parson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or |moo of principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Geo. 163.350 or 163.357. F8., and officers of independent special tax districts elected on o ono'aore, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's fath�r, mother, oon, daughter, hueband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A^buoinoea au000iaby^ means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, onmwneruf property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock oxchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: '-�� ' . Although you must aba�in �nmvoting in the oituaUonsdescribed above, you are not prohibited bySa/�ion,'11 �43`hom 'otherwise participating in these matters. However, you, must disclose the nature of the conflict before making any attempt to influence the decision, whether orally orin writing and whothermade by you orat your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: - ^ You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) ns FORM 8o-ErF.1112013 PAGE I Adopted by reference in Rule o4f.o1o(1)N.FA.o. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. - - . • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, l YV , hereby disclose that on 1` `.® —®+�,� , 20 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, • 24 inured to the special gain or loss of /2cQ 4-6,1 , by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.