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10-21-08 Agenda OCOEE CITY COMMISSION Ocoee Commission Chambers 150 North Lakeshore Drive Ocoee, Florida October 21, 2008 AGENDA 7:15 P.M. REGULAR CITY COMMISSION MEETING I A. CALL TO ORDER Invocation Presentation of Colors by Boy Scout Troop #223 - Carolyn Fox Pledge of Allegiance Roll Call and Determination of Quorum lB. PRESENTATIONS AND PROCLAMATIONS Presentation of Rocking Chairs to Retired Adams. (police Chief Brown) I Employees' Joyce Staub and Billy Proclamations. (Mayor Vandergrift) ~ National Family Week- October 15th_ November 1st ~ Florida City Government Week - October 19th - 25th I C. COMMENTS FROM CITIZENS/PUBLIC I D. COMMISSIONERS ANNOUNCEMENTS E. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. 1. Approval and Acceptance of the Regular City Commission Minutes of October 7,2008. (City Clerk Eikenberry) 2. Approval of Plat for Bhatta Lot Split. (City Engineer Wheeler) This plat is a lot split for the 3.47 acre residential property located at 3420 Big Eagle Drive. The residential property will be split into two residential lots. The property is located within the Westyn Bay Subdivision and is adjacent to Lake Apopka. 3. Approval of Special Event Request for Road Closing - Forest Oaks Subdivision Halloween Party. (Acting Building Official Washington) Ms. Beth Eikenberry of Forest Oaks Subdivision has made application to the City for a Special Events Permit for a Block Party that would require the temporary closing of a City owned street. The event will be held on October 31,2008, from 6:00 pm - 11 :00 pm. The street to be closed is Rich Drive. I F. PUBLIC HEARING SECOND READING 4. Eagle Creek of Ocoee. (Advertised in the Orlando Sentinel Classified Legal on Wednesday, October 8, 2008). (Senior Planner Howell) The subject property is located on the southeast comer of the intersection of Ocoee-Apopka Road and Fullers Cross Road. It is approximately 97.90 acres in size, and is currently vacant except for several abandoned agricultural structures. The property was annexed into the City in 1999 with an Annexation Agreement, and rezoned to R-lAA (Single-Family Dwelling). The applicant is proposing to rezone the City Commission Regular October 21, 2008 property from R-IAA to Planned Unit Development (PUD) for the purpose of developing a residential community that combines townhomes and single-family detached homes in a Traditional Neighborhood Design that cannot be accomplished via the requirements of the Land Development Code. The Planning & Zoning Commission met on August 12, 2008, to consider the proposed PUD Rezoning / Land Use Plan for Eagle Creek of Ocoee. Following the deliberations, the members of the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the PUD Rezoning / Land Use Plan for Eagle Creek of Ocoee, subject to the satisfaction of all outstanding staff comments being incorporated into the PUD Land Use Plan and/or Development Agreement prior to City Commission action. a. Rezoning b. Land Use Plan c. Development Agreement I G. PUBLIC HEARINGS 5. I Approval of 14th and 15th Amendment to the Ocoee-Orange County Joint Planning Area Agreement. (Advertised in the Orlando Sentinel Classified Legal on Wednesday, October 8, 2008) (principal Planner Rumer) The area proposed to be added to the JP A encompasses the neighborhood known as the Rose Hill subdivision. The area was located within the JP A prior to 1999 and was subsequently removed from the JPA by the Third Amendment that was approved in 1999. The general area is characterized as an older established residential neighborhood bordered by the West Oaks Mall on the west, Good Homes Plaza on the south, and the Orange County Solid Waste Transfer Station on the northeast boundaries. The area is accessed by an entrance on Good homes Road and another on White Road. The Rose Hill subdivision is comprised of three phases, each with its own independent Home Owners Association (HOA) and elected Board of Directors. The Phase 3 HOA President and Vice President met with the City Manager and staff back in 2007 to explore the option for annexing into the Ocoee city limits. On August 12, 2008, the Planning and Zoning Commission held a public hearing to consider the proposed amendments to the Joint Planning Area Agreement. Staff discussed the proposed textural changes to the amendment and clarified that annexation was not under discussion. Eight residents from Rose Hill spoke at the meeting. Four were residents of Phase I and spoke in opposition to the JPA Amendment. The rest of the speakers spoke in favor of the proposed amendment. After fmishing deliberations, the Planning and Zoning Commission, acting as the Local Planning Agency, voted 4-1 to recommend approval of the proposed JP A amendments. a. Amendment 14 - Phases 2 & 3 b. Amendment 15 - Phase 1 6. School Concurrency Issues. (Advertised in the Orlando Sentinel Orange Extra on Sunday, October 12, 2008) (Senior Planner Howell) On June 3, the Honorable Mayor and City Commissioners voted to transmit a Large-Scale Comprehensive Plan amendment to the Department of Community Affairs (DCA) to allow the City to implement state mandated School Concurrency requirements in accordance with the 2005 Growth Management Act. Following the review of the amendment package, DCA issued minor Objections, Recommendations, and Comments (ORe) report addressing outstanding items that were required to be included in the amendment package. Staff has addressed DCA's ORC report and is presenting the amendment to the City Commission for fmal adoption. The ORC report is divided into two parts: consistency with the Florida Statutes and Chapter 9J-5, Florida Administrative Code; and consistency with the State Comprehensive Plan. a. Adoption of a Large-Scale Comprehensive Plan Amendment for the Purpose of Implementing School Concurrency - Ordinance No. 2008-009 b. Interlocal Agreement Page 2 of3 City Commission Regular October 21,2008 I H. REGULAR AGENDA I 7. First Reading of Ordinance for Changes to City of Ocoee Police Officers' and Firefighters' Retirement Trust Fund. (Second Reading and Public Hearing scheduled for November 4, 2008) (Police Chief Brown) Amendment to the Police Officers' and Firefighters' Pension Ordinance to include the following changes: 1) Allow DROP (Deferred Retirement Option Plan) participants to serve as a trustee but not vote for elected trustees. 2) Optional Forms of Benefits is amended by adding a PLOP (partial Lump Sum Option Payment) provision, providing for the election of a partial lump sum payment in increments from 5 to 20 percent with the corresponding balance paid in accordance with the normal form or option selected. 3) Deferred Retirement Option Plan is amended by adding a BAC-DROP provision allowing a participant to work past his/her Normal Retirement Date and retroactively enter the DROP (Deferred Retirement Option Plan). 4) Finances and Fund management, amending investment policy. I I. STAFF REPORTS I J. COMMENTS FROM COMMISSIONERS I ADJOURNMENT PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKE SHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE MEETING. Page 3 of3