2022-09 Abandoning and Vacating a Utility Easement - Resolution VoidedResolution Voided
See Attachments
AFTER RECORDING RETURN TO:
Melanie Sibbitt, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
RESOLUTION NO.2022-09
(Vacating Western 97.5' portion of a 5' Utility Easement
for Lot 13, Jordana Hills)
SOLUTION OF THE CITY OF OCOEE, FLORIDA,ABANDONING AN
I
VACATING THE WESTERN 97.5-FOOT PORTION OF THE EXISTING 5-FOO
UTILITY EASEMENT, LOCATED ON THE SOUTH SIDE OF LOT 13 OF JORDAN
! 1 i PLAT 1', ! 1 C '!iPAGE 112, i i 1 i' ! !' i ! 1.
OCOEE; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILIT
PROVIDING DATE.
WHEREAS, the City Commission of the City of Ocoee desires to abandon and vacate
the western 97.5-foot portion of the existing 5-foot wide Utility Easement located on the south
side lot line of Lot 13, Jordana Hills, as depicted on the Plat Map of Ocoee, Plat Book 10, Page
112 of the Public Records of Orange County, Florida, and a legal description of such easement to
be abandoned and vacated is attached hereto as Exhibit "A" and by this reference made a part
hereof (the "Easement"); and
WHEREAS, the applicant has complied with the provisions of Section 153-10 of the
Code of Ordinances of the City of Ocoee regarding the provision of certain information in
connection with the application; and
WHEREAS, pursuant to Section 153-13(D)(1) of the Code of Ordinances of the City of
Ocoee, a Notice of Public Hearing before the City Commission was provided by regular mail to
owners of real property abutting the Easement and all owners of the property within three
hundred (300) feet in all directions of the Easement; and
WHEREAS, pursuant to Section 153-13(D)(2) of the Code of Ordinances of the City of
Ocoee, a Notice of Public Hearing was published one (1) time in a newspaper of general
circulation in the City of Ocoee; and
WHEREAS, pursuant to Section 153-(D)(3) of the Code of the City of Ocoee, a sign
setting forth notice of the public hearing before the City Commission was posted upon the Lot
containing the Easement; and
WHEREAS, the City Commission of the City of Ocoee finds that said application and
supporting documents are in accordance with the requirements of Article 11 of Chapter 153 of the
Code of Ordinances of the City of Ocoee and that the requested action is consistent with the City
of Ocoee Comprehensive Plan.
SECTION 1. Authori!j. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article V111 of the Constitution of the State of
Florida and Chapter 166, Florida Statutes, and Article 11 of Chapter 153 of the Code of
Ordinances of the City of Ocoee.
SECTION 2. Abandonment and Vacation of the Easement. The City
Commission of the City of Ocoee, Florida, hereby abandons, vacates and renounces any rights in
and to the portion of Easement.
SECTION 3. Recordation. A certified copy of this Resolution shall be filed with
the Orange County Comptroller and duly recorded among the Public Records of Orange County,
Florida.
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SECTION 4. Severabi!!!1. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION S. Effective Date. This Resolution shall become effective upon passage
and adoption.
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of 2022.
BY:
Scott A. Cookson, City Attorney
day of , 2022.
Rusty Johnson, Mayor
ADVERTISED 2022
READ FIRST TIME AND ADOPTED
.2022
3
EXHIBIT "A"
(the "Easement")
A-1
Regular City Commission Meeting
June 7, 2022
Commissioner Wilsen commented there is a 1,000-foot rule and felt it needed to be adhered to.
Commissioner Firstner shared he did not have a problem with the business or the aesthetics of
the home; however, if it did not meet the requirements of the State, HOA, and City rules then the
Commission needed to adhere to supporting staffs recommenation.
Mayor Johnson inquired from the applicant if she had presented her ALF request before the
HOA prior to the variance request. Ms. Arjune advised she did not.
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The applicant is seeking City approval to vacate the western 97.5 feet of the existing 5-loot utijity Easement iocatea aiong
the south property line of Lot 13 of Jordana Hills, according to the Plat thereof as recorded in Plat Book 10, Page 112, of
the Public Records of Orange County, Florida, City of Ocoee, also described as 1909 Leslie Ann Lane and assigned parcel
ID number 09-22-28-4046-00-130.
Zoning Manager Whitfield presented a brief overview of the vacation request for the property
located at 1909 Leslie Ann Lane, She explained the applicant hired a contractor to obtain a permit
to extend their existing driveway up to the 5-foot easement and the permit was issued as such.
However, the applicant's contractor installed the pavers and a retaining wall with underground
drainage four (4) feet inside of the Utility Easement, and about one (1) foot off of the south side
property line. The permit failed inspection due to inconsistency with the permit and encroachment
into the easement. Thus, the applicant is seeking to vacate the Utility Easement in order to keep
the extended pavers and retaining wall. Should the City Commission approve this vacation, the
applicant will seek, approval of a variance to Section 6-4H(2), LDC, which requires that residential
driveways be set back at least two (2) feet from the side or rear property lines.
The public hearing �i)as opened
Brian Arthur, Applicant, shared the reasons they needed the pavers, and the improvements they
have made to the property. He further explained the issues they experienced with the contractor
hired.
The public hearing was closed
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Commissioner Wilsen;
City Attorney Cookson briefly explained the variance request that will be coming before the
City Commission at a later time, and how the approval of the resolution should be contingent
upon that approval,
4 Page
Regular City Commission Meeting
June 7, 2022
Zoning Manager Whitfield provided further explanation on the variance process.
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I REGULAR AGENDA - 7.30 PIVI I
City staff has met with Florida Turnpike representatives three times to discuss Turnpike Widening PD&E Study
alternatives. At the most recent meeting on May 2, 2022, Turnpike representatives presented their preferred alternative
which calls for the creation of four (4) collector distributor (CD) lanes on the north and southbound sides of the Turnpike
and, as a result, requires up to 100 feet of additional ROW on the north side of the Turnpike, In addition to the 100 feet,
the City of Ocoee LDC requires a 75 foot building setback from an expressway; therefore, it would be a total of 175 feet
from the Turnpike's ROW before a building can be located. This greatly impacts the adjacent developments - Alibi
Apartments and the planned Regency development located on the southern side of the CRA's Target Area I .
Deputy Development Services Director/CRA Administrator Corless advised that Senior staff
has been working with the Florida Turnpike Enterprise on the widening of the turnpike and they
have reached the point of a preferred alternative study. She farther introduced Jazlyn Heywood
with FDOT to provide an update of the study.
Jazlyn Heywood, FDOT, presented a PowerPoint explaining the FDOT Turnpike Widening
PD&E Study.
Commissioner Brinson inquired about the funding of this project, Henry Pinzon, FDOT,
addressed his question.
Commissioner Firstner inquired about the 2045 date within the study, and the timeline of
construction for this project, Jazlyn Heywood addressed his questions.
Commissioner Wilsen inquired if this will affect any of the projects that have been approved and
already in place, Deputy Development Services Director/CRA Administrator Corless
addressed her question and advised there will be some impact to projects approved in that area,
but they are open to come up with creative ways to lessen the impact..
IMP
Kommy,NTs yRom COMMISSIONERS
C None
5 1 P a g e
MINUTES
PLANNING AND ZONING COMMISSIO
ACTING AS THE LOCAL PLANNING AGENCY I
Tuesday, August 30, 2022
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Chair Lonmeek, Vice -Chair Kennedy, Member 'Forges, Member Mellen, Member
Williams, Alternate Member Keller
Absent: None
Also Present: Development Services Director Rumer, Zoning Manager )Whitfield, Assistant City
Attorney Drage, Recording Clerk, Heard
ENT AGENDA
A. Minutes of the Planning& Zoning Commission Meeting held July 12,2022.
Vice-ChairKennedZ Motion carried unanimously.
11111. OLD BUSMSS - None
FIV. NEW BUSINESS — Public Hearings
A. Variance Request for 1909 Leslie Ann Lane, VR-22-05. (Advertised in the West Orange
Times on Thursday, August 18, 2022)
Zoning Manager Whitfield presented a brief overview of this request, which is located at 1909
Leslie Ann Lane. The applicant had applied for a permit which was approved by the City to replace
the concrete driveway with pavers and widen the driveway southward, to just outside of the
casement and driveway setback. Subsequently, the permit failed inspection due to the driveway
being constructed three (3) feet into the easement, which is incompliant with the permit, and with
a drainage system under the pavers and a 15-inch tall by 12-inch wide masonry retaining wall that
was constructed one (1) foot from the property line, which were not permitted with the City, and
Planning & Zoning Commission
August 30, 2022
included a drainage system discharging runoff onto the adjacent property to the rear (east), which
was not permitted with the City and is prohibited per Section 6-411(2).
Zoning Manager Whitfield explained, per Article IV, Section 4-9A, approval of a variance
requires that the applicant demonstrate:
1. That special conditions and circumstances exist which are peculiar to the land, structures, or
required subdivision improvements involved and which are not applicable to other lands, structures,
or required subdivision improvements;
2. That a literal interpretation of the provisions of these regulations would deprive the applicant of
rights commonly enjoyed by other properties with similar conditions;
3. That the special conditions and circumstances do not result fi-om the actions of the applicant; &
4. That the granting of the variance requested will not confer on the applicant any special privilege
that is denied by these regulations to other lands, structures, or required subdivision improvements
under similar conditions.
Zoning Manager Whitfield further stated the applicant requested an easement vacation, which the
City Commission approved on June 7, 2022, less the easternmost seven (7) feet, subject to a
condition that the easement would be vacated if the variance to Section 6-411(2) is also approved.
Therefore, the applicant is seeking a variance to Section 6-411(2), Article VI, in order to keep the
widened driveway, drainage, and retaining wall at one (1) foot from the property line.
Zoning Manager Whitfield explained staff findings and recommendations of denial.
Zoning Manager Whitfield explained if the variance is recommended for denial by this board and
denied by the City Commission, the applicant will need to remove the wall and move the pavers
back to where the approved permit specified, and they can work with city staff on the drainage
issues. If the variance is recommended for approval and approved by the City Commission, the
applicant will need to permit the wall and drainage system in order to not discharge water offsite.
Discussion:
The applicant was present, or questions.
Brian Arthur, 1909 Leslie Ann Lane, Ocoee, explained the paver company told them they knew
what they were doing and worked with the City often, and they trusted them to do the job right.
Member Williams asked how they found the paver company and whether they checked their
license. Mr. Arthur said he did a Google search for an Ocoee paver company, because they wanted
to stay with a local company.
Member Keller asked if the neighbors have any issues with the wall and drainage. Mr. Arthur
stated the neighbor loves the wall.
Planning & Zoning Commission
August 30,2022
Member Mellen asked staff-, if this is approved, are the owners required to seek another permit
with the city. Zoning Manager Whitfield answered in the affirmative, because the wall and
drainage were never permitted with the City.
The Public hearing was opened. As no speaker forms were received, the public hearing was closed.
Member Forges asked the applicant if he was aware when the permit.was ' first denied by the City.
Mr. Arthur stated the permit was never rejected. Zoning Manager Whitfield clarified when the
permit was first submitted, it was rejected several times, and she had many conversations with the
contractors explaining why the permit was being rejected, and they stated they would notify the
property owner. The contractors eventually brought a survey forward that was approved by the
City; however, the contractors did not follow the approved survey.
Chair Lomneek inquired who notifies the owners of the property when a permit submittal is
rejected. Zoning Manager Whitfield responded the burden is on the contractors to tell the owners
of the property.
(6:54 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local PlanAning
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Member Mellen oppoqbg,
B. Variance Request for 606 Center Street, VR-22-06. (Advertised in the West Orange Times
on Thursday, August 18, 2022)
Zoning Manager Whitfield presented a brief overview of this request, which is located at 606
Center Street and is zoned R-1A (Single -Family Dwelling District). The subject property is a comer
lot with roadway right-of-way frontage along the east side (Cardinal Street) and south side (Center
Street). Based on the City's permitting system, the property was issued a building permit (2493-
2019) for a 20' x 40' carport (800 SF) in the northwest area of the property and a building permit
(2235-2018) to add 1,610 SF of paver area (23 feet x 70 feet) along the north side of the property,
which includes a second driveway off of Cardinal Street. Based on the aerials on the Orange County
Property Appraiser (OCPA) website, it appears that in 2021 an additional roof was added to the
2019 carport, and in 2022 the yard area between the new carport roof and the 2018 pavers appears
to have been covered with impervious material. No permits were found for these improvements
within the City's archives. The survey submitted with this variance application is not dated and
does not show these previous improvements. The applicant desires to install a pre -fabricated 24-feet
wide and 20-feet deep carport. This places the proposed carport approximately six (6) feet from the
south property line, resulting in a nineteen (19) foot (approximately 76%) encroachment into the
minimum 25-foot setback. Therefore, the applicant is seeking a variance to reduce the front setback
from 25 feet to 6 feet.
Zoning Manager Whitfield explained, per Article IV, Section 4-9A, approval of a variance
requires that the applicant demonstrate:
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