10-05-10 MINUTES
OCOEE CITY COMMISSION
October 5, 2010, at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission
Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of
Allegiance to the Flag, led by Commissioner Hood. City Clerk Eikenberry called roll and
declared a quorum present.
Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner
Johnson and Commissioner Keller.
Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry
B. PRESENTATIONS AND PROCLAMATIONS
Update on West Orange Airport Authority — William Maxwell. A report was distributed to
the Commission from Airport Authority Board Member Maxwell.
Proclamation — Be a Hero Month- Florida Blood Centers -read by Mayor Vandergrift.
C. COMMENTS FROM CITIZENS/PUBLIC
None
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced there were a couple of issues on the agenda. Item #7 Approval
of Natural Gas Distribution Franchise Agreement needs to be a public hearing and would suggest
that it be moved to after Item #16 under Public Hearings.
There is also an Emergency Item brought forward as discussed at the final budget hearing; we
can handle that now if the Mayor prefers.
Mayor Vandergrift declared this item an emergency.
Emergency Item - Approval To Expend Forfeiture Funds To Purchase A Child Friendly
Radio Controlled Remote Voice Robotic Police Car.
Commissioner Hood, seconded by Commissioner Johnson, moved to approve
the emergency item to expend forfeiture funds to purchase a child friendly radio
controlled remote voice robotic police car. Motion carried 5 -0.
He further announced that on October 9, 2010, the Ocoee Police Department will be hosting a
Woman's Self Defense Awareness Class from 9am -lpm at the Ocoee Police Department. Also
on October 9 there will be a handgun safety class from 8am -12pm at Ocoee City Hall.
City Commission Regular
October 5, 2010
The Parks and Recreation department wants to invite everyone to attend this year's 3rd Annual
Hunted House Event on October 28 29 and 30 located at 951 Ocoee - Apopka Road. There
will be games prizes, bounce house, hay rides, and other fun activities for the entire family. The
cost is a $1 fee to entire the Haunted House and everyone is encouraged to bring non - perishable
food items to be donated to the West Orange Christian Service Center. For more information
you may contact the Parks Department at 407 - 905 -3180.
Florida Fish and Wildlife Commission will be incorporating the monthly weed control treatment
of Starke Lake and Lake Prima Vista in their funded program which means the City will not
have to fund it any more in the future. This will be a significant savings to the City's budget.
The Finance and Utilities Department is working on refunding the remaining portion of the 1997
Water and Sewer Bond Issue which will result in an interest savings of about $30,000 a year.
This is expected to be done relatively quickly and will be on one of the upcoming agendas next
month.
Lastly, there were some emergency items and a lot of concerns on the sludge press in operations
at the Utilities Plant. The new one is in. operations and it is exceeding the performance of the old
press which will lead to the approximately $60,000 reduction in our sludge disposal cost.
E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller -none
Commissioner Johnson -none
Commissioner Wilsen -1) tomorrow is Walk Your Kids to School Day, 7:30 am; the Ocoee
Police Department will be supporting the event at Citrus Elementary and Spring Lake
Elementary.
Commissioner Hood -none
Mayor Vandergrift — read a thank you letter from Nehrling Gardens for the $500 grant.
F. CONSENT AGENDA
Mayor Vandergrift, seconded by Commissioner Wilsen, moved to approve
Consent Agenda Items #1 through #6 as presented by staff. Item Number #7 was
moved to be heard under public comments. Motion carried 5 -0.
1. Approval of Minutes for Budget Workshop Meeting Held August 31, 2010, and
Tentative Budget Public Hearing Minutes of September 15, 2010. (City Clerk
Eikenberry)
Approved on Consent. Motion carried 5 - 0.
2. Appointments to the Human Relations Diversity Board. (City Clerk Eikenberry)
On September 16, 2003, Resolution No. 2003 -21, was adopted creating the Human Relations and Diversity
Board, requiring no less than seven (7) members and no more than fifteen (15). The Resolution was then
amended by Resolution 2004 -11, which changed the quorum requirement to 50% plus 1. As of July 20, 2010,
Resolution No. 2010 -010 amended the by -laws giving the commission the authority to appoint non -Ocoee
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City Commission Regular
October 5, 2010
residents as board members. Ode Mendoza and Aurelio Rodriguez have expressed an interest in serving on the
Human Relations Diversity Board.
Approved on Consent. Motion carried 5 -0.
3. Approval to Certify Appointment to the City of Ocoee General Employees' Pension
Board. (City Clerk Eikenberry)
Trustees of the Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund
currently serve four -year terms. Two of the trustees are appointed by the City Commission, two are elected
from the employee body, and the fifth trustee is chosen by those four trustees and presented to the City
Commission for certification of the appointment as a ministerial act. During the Regular Session of the City of
Ocoee General Employees' Pension Board, held on August 4, 2010, the Trustees choose to reappoint Wendy
West as the Fifth Board Member for the term beginning October 1, 2010 and ending September 30, 2014.
Approved on Consent. Motion carried 5 -0.
4. Approval to Award RFQ#1002R Residential Plumbing Services for Peach Lake Manor
Water Line Replacement Project (Re -Bid). (Purchasing Agent Tolbert)
The City has under construction the replacement of water lines in the Peach Lake Manor (Lady Avenue)
subdivision with portions of the water lines being relocated from the rear yard property line to the rights -of -way
in front of homes. New meters shall be installed in front of the affected homes. The City is seeking the services
of qualified and licensed plumbing contractors to provide materials and labor to abandon in place the existing
service, and tie -in the homes to the new meters. To accomplish the work, the City has advertised and received
six qualifications from plumbing contractors which staff is seeking authorization from the City Commission to
prequalify. It is anticipated that more than one hundred twenty (120) homes will require service relocation.
Approved on Consent. Motion carried 5 -0.
5. Approval of City Joining into the Utilities Material/Meter Purchasing "Strategic
Partnership Agreement — Agreement Between the. City of Punta Gorda and HD
Supply/Waterworks ". (Utilities Director Smith)
The City of Punta Gorda, Florida, working with other communities, formed a cooperative partnership for
bidding and awarding contracts for services and goods; with one contract being for water and sewer materials.
Materials include but are not limited to: fittings, valves, piping and hydrants. Sensus Metering Systems, the
City's meter manufacturer, is also covered by the contract. The contract, N06177/UTILMAT0506, was
awarded to HD Supply /Waterworks (HD Supply) in March 2007 for five (5) years with the ability to renew for
an additional three (3) years. The Punta Gorda partnership, with HD Supply's consent, allows for other
municipalities to join the partnership. Staff is recommending the City join the partnership associated with the
utilities materials contract; and that Commission allows but does not require the City to procure materials from
the HD Supply contract.
Approved on Consent. Motion carried 5 -0.
6. Approval of Change Order No. 3 with Trimble & Son Construction Group, Inc. for the
Construction of a New Basketball Court at Tiger Minor Park for an amount Not to
Exceed $45,000. (CIP Manager Butler)
The City is currently reconstructing tennis and basketball courts at several locations throughout the city under a
contract that was awarded to the lowest responsible and responsive bidder, Trimble & Son Construction Group,
Inc. As part of that project, the basketball court at Tiger Minor Park was demolished and overbuilt with a new
tennis court complex. The basketball court is now proposed for reconstruction at a new location within the
Tiger Minor Park property; i.e., at the intersection of Butterfly Creek Drive and Sleepy Harbour Drive. Funds
for this addition to the current project were added to the Adopted FY 2011 Budget.
Approved on Consent. Motion carried 5 -0.
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October 5, 2010
PUBLIC HEARINGS
7. Approval of Natural Gas Distribution Franchise Agreement. (Advertised in the Orlando
Sentinel on Sunday, September 5, 2010, Friday, September 17, 2010, Friday, September 24, 2010, and Sunday,
October 3, 2010). (City Attorney Rosenthal)
This item was moved and heard with Public Hearings. Public Hearings (Item #7 and Item #16)
were heard before item #8.
City Attorney Rosenthal explained that this is the third renewal of the ten -year franchise; the
terms and conditions are essentially the same with the exception of a few minor changes the staff
addressed. There is no change in the financial terms of the agreement
Mayor Vandergrift asked if there is any reason we don't have a representative on their board.
Mr. Jon Feazell with Lake Apopka Natural Gas District said the board is formed based on the
percentage of gas BTUs / volume of business. He said he would take the Mayor's concern back
to the board and advise them the city is interested in having a representative on the board.
Commissioner Johnson asked about getting more natural gas in town. Discussion followed.
Direction was given to staff to look at making natural gas available in more areas of the city.
Mayor Vandergrift opened the Public Hearing. No one wished to speak; the Public Hearing
was closed.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
Natural Gas Distribution Franchise Agreement for a period of ten years,
beginning September 3, 2010. Motion carried 5 -0.
Item #16 was heard at this time. See details under item.
G. FIRST READING OF ORDINANCES
8. Park Square. (Second Reading and Public Hearing is scheduled for October 19, 2010, Regular
Commission Meeting at 7:15 p.m. or soon thereafter). (Principal Planner Fabre)
The proposed annexation is a logical extension of the City limits, urban services can be provided, and the
annexation meets state and local regulations. Upon annexation, the property will assume a Low Density
Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is
requesting an initial City zoning classification of R -1AA "Single- Family Dwelling" for the subject parcel.
Furthermore, the Applicant has expressed that the subject property would either develop as a residential
subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the
requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the
western adjacent parcel are in the process of requesting annexation into the City's corporate limits.
a. Annexation
City Attorney Rosenthal read the title of the annexation ordinance.
b. Rezoning
City Attorney Rosenthal read the title of the rezoning ordinance.
Mayor Vandergrift stated the second reading and Public Hearing will be heard on October
19, 2010, at 7:15 p.m. or soon thereafter.
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October 5, 2010
9. Ocoee Town Shops — Small Scale Comprehensive Plan Amendment Ordinance. (Second
Reading and Public Hearing is scheduled for October 19, 2010, Regular Commission Meeting at 7:15 p.m. or
soon thereafter). (Principal Planner Fabre)
On December 1, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment "). For your reference,
a copy of the staff report for the Previous Amendment is attached hereto. At the time of approval of the
Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had
not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of
Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred adoption date
related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an initial
determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to
DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd
election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since
comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City
Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to
provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan
Amendment to be sent to the DCA prior to the November 2nd election.
City Attorney Rosenthal read the title of the Small Scale Comp Plan ordinance.
Mayor Pro Tem Johnson stated the second reading and Public Hearing will be heard on
October 19, 2010, at 7:15 p.m. or soon thereafter.
10. Shoppes at the Village — Small Scale Comprehensive Plan Amendment Ordinance.
(Second Reading and Public Hearing is scheduled for October 19, 2010, Regular Commission Meeting at 7:15
p.m. or soon thereafter). (Principal Planner Fabre)
On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Shoppes at the Village (the "Previous Amendment "). For your reference,
a copy of the staff report for the Previous Amendment is attached hereto. At the time of approval of the
Previous Amendment, the City was prohibited from adopting comprehensive plan amendments because it had
not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of
Community Affairs ( "DCA "). Accordingly, the Previous Amendment provided for a deferred adoption date
related to the City's adoption of its EAR, its submission of the EAR to DCA and its receipt of an initial
determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission of its EAR to
DCA. Based on the Previous Amendment ordinance, the adoption date could be after the November 2nd
election. If Amendment No. 4 passes, the effect on the comprehensive plan amendment is uncertain. Since
comprehensive plan amendments may be adopted at such time as the EAR has been transmitted to DCA, City
Staff recommends that the City Commission pass an ordinance amending the Previous Amendment in order to
provide for an adoption date 10 days after passage of this ordinance. This will allow the Comprehensive Plan
Amendment to be sent to the DCA prior to the November 2nd election.
City Attorney Rosenthal read the title of the Small Scale Comp Plan ordinance.
Mayor Pro Tem Johnson stated the second reading and Public Hearing will be heard on
October 19, 2010, at 7:15 p.m. or soon thereafter.
Item #17 was moved up on the agenda and heard before item #11.
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October 5, 2010
H. SECOND READING OF ORDINANCES- PUBLIC HEARINGS
11. West Property — Small Scale Comprehensive Plan Amendment Ordinance. (Advertised in
the Orlando Sentinel on Thursday, September 23, 2010). (Principal Planner Rumer)
The West property is located on the north side of Palm Drive, between East Crown Point Road and SR 429. The
subject site is approximately 8.89 acres in size and is zoned R -1 (Single - Family Dwelling). The property is
currently vacant and undeveloped. The applicant/owner is requesting a Small -Scale Comprehensive Plan
Amendment which consists of classifying the subject parcel of land from "Low Density Residential" to "Light
Industrial." The subject property came before the Local Planning Agency back in November 2008, as part of a
Large Scale Comprehensive Plan Amendment. The Large Scale Comprehensive Plan Amendment did not
proceed after the meeting. The rest of the properties involved received a Large Scale Comprehensive Plan
Amendment from Orange County with Ocoee's support. This Small Scale Amendment will amend the Land
Use of the fmal 8.89 acres.
City Attorney Rosenthal read the title of the Small Scale Comp Plan ordinance.
Principal Planner Rumer explained the land use change.
Mayor Vandergrift opened the Public Hearing. As no one wished to speak, the Public Hearing
was closed.
Mayor Vandergrift, seconded by Commissioner Johnson, moved to approve the
Ordinance No. 2010 -032 approving the Small Scale Comprehensive Plan
Amendment Ordinance for the West Property as recommended by staff. Motion
carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-032
CASE NO. SSPCA 2010 -004: East Crown Point (West)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE
NO. 91 -28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP
TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "LIGHT
INDUSTRIAL" CERTAIN REAL PROPERTY CONTAINING 8.89 ACRES (MORE OR
LESS) LOCATED NORTH OF AND ADJACENT TO PALM DRIVE AND WEST OF
AND ADJACENT TO STATE ROAD 429, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Item #17 was moved up on the agenda and heard before item #11.
12. Eddie W. Turner (3750 Jane St). (Advertised in the Orlando Sentinel on Thursday, September 23 and
30, 2010). (Principal Planner Rumer)
Staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the +/- 0.44
acres of land known as the Eddie W. Turner parcel, and also adopt the ordinance to rezone the property from
Orange County A -1 to Ocoee R -3.
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October 5, 2010
a. Annexation
City Attorney Rosenthal read the title of the ordinance.
Principal Planner Rumer explained the annexation. He explained this is one of two properties
that came before as a Health Central Annexation; this property had a separate owner and he
agreed to the annexation and rezoning from Orange County Al to Ocoee R3.
Commissioner Keller asked if this property was land locked. Mr. Rumor explained after this
annexation and the next property it will open it up and not be landlocked.
Mayor Vandergrift opened the Public Hearing. Closed.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
Annexation Ordinance No. 2010 -022 annexing the Turner property at 3750 Jane
Street into the City of Ocoee per staff recommendation. Motion carried 5 -0.
Mayor Vandergrift noted we made an ideal location to expand what we had there and to close
down the trailer park and move those people so they won't be thrown out of their trailers; it
could be bought out through grants.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-022
CASE NO. AX- 07- 10 -23: EDDIE W TURNER TRUST
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 19478 SQUARE FEET LOCATED
SOUTH OF AND ADJACENT TO JANE STREET AND WEST OF ROWE AVENUE
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning
City Attorney Rosenthal read the title of the ordinance.
Mayor Vandergrift opened the Public Hearing. Closed.
Commissioner Johnson, seconded by Commissioner Keller, moved to approve
the rezoning Ordinance No. 2010 -023 changing the zoning classification from
Orange County "A -1" Zoning, Citrus Rural District to Ocoee "R -3" Zoning,
Multiple Family Dwelling District, for certain real property located at 3750 Jane
Street, per staff recommendation. Motion carried 5 -0.
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City Commission Regular
October 5, 2010
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-023
CASE NO. AX- 07- 10 -23: EDDIE W TURNER TRUST
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY "A -1" ZONING, CITRUS RURAL
DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT,
FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO JANE
STREET AND WEST OF ROWE AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY
CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE
AND AN EFFECTIVE DATE.
13. Health Central II (3723 Old Winter Garden Rd). (Advertised in the Orlando Sentinel on
Thursday, September 23 and 30, 2010). (Principal Planner Rumer)
Staff recommends the annexation of the 5,800 square feet of land known as the Health Central II Parcel, and
rezoning to R -3 (Multiple - Family Dwelling) District.
a. Annexation
City Attorney Rosenthal read the title of Ordinance 2010 -024.
Mayor Vandergrift opened the Public Hearing. Closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Annexation Ordinance No. 2010 -024 approving the annexation of the property
located at 3723 Old Winter Garden Road (Health Central II), per staff
recommendation. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-024
CASE NO. AX- 07- 10 -25: HEALTH CENTRAL
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 3294 SQUARE FEET LOCATED
NORTH OF AND ADJACENT TO OLD WINTER GARDEN ROAD AND WEST OF
ROWE AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH
THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
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City Commission Regular
October 5, 2010
b. Rezoning
City Attorney Rosenthal read the title of Ordinance 2010 -025.
Mayor Vandergrift opened the Public Hearing. Closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Rezoning Ordinance No. 2010 -025 changing the zoning classification from
Orange County "A -1" Zoning, Citrus Rural District to Ocoee "R -3" Zoning,
Multiple Family Dwelling District of the property located at 3723 Old Winter
Garden Road (Health Central II). Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-025
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY "A -1" ZONING, CITRUS RURAL
DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT,
FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO OLD
WINTER GARDEN ROAD AND WEST OF ROWE AVENUE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE
OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
14. Health Central III. (Advertised in the Orlando Sentinel on Thursday, September 23, 2010). (Principal
Planner Rumer)
The subject properties are located on the north side of Old Winter Garden Road, west of Ohio Avenue, and east
of Arlington Avenue. The properties are vacant of structures with heavy vegetation. The applicant is requesting
a zoning designation of R -3 which is permitted under the Future Land Use designation.
a. Rezoning Ordinance No. 2010 -026
City Attorney Rosenthal read the title of Ordinance 2010 -026.
Principal Planner Rumor described that property being rezoned subsequent to the annexation.
Mayor Vandergrift opened the Public Hearing. Closed.
Commissioner Johnson, seconded by Commissioner Wilsen, moved to approve
the Rezoning Ordinance No. 2010 -026 changing the zoning classification from
Orange County "C -1" Zoning, Retail Commercial District to Ocoee "R -3" Zoning,
Multiple Family Dwelling District of the property located on the north side of Old
Winder Garden Road, west of Ohio Avenue and east of Arlington Avenue (Health
Central 110. Motion carried 5 -0.per staff recommendation. Motion carried 5 -0.
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October 5, 2010
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-026
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY "C -1" ZONING, RETAIL
COMMERCIAL DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY
DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED NORTH OF
AND ADJACENT TO JANE STREET AND WEST OF AND ADJACENT TO OHIO
AVENUE , PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION
DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE.
b. Rezoning Ordinance No. 2010 -027
City Attorney Rosenthal read the title of Ordinance 2010 -027.
Principal Planner Rumor showed the map and described the location of the property.
Mayor Vandergrift opened the Public Hearing. Closed.
Commissioner Johnson, seconded by Commissioner Hood, moved to approve
the Rezoning Ordinance No. 2010 -027 changing the zoning classification from
Orange County "R -2" Zoning, Residential District to Ocoee "R -3" Zoning, Multiple
Family Dwelling District of the property located on the north side of Old Winder
Garden Road, west of Ohio Avenue and east of Arlington Avenue (Health Central
III). Motion carried 5 -0.per staff recommendation. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-027
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY "R -2" ZONING, RESIDENTIAL
DISTRICT TO OCOEE "R -3" ZONING, MULTIPLE FAMILY DWELLING DISTRICT,
FOR CERTAIN REAL PROPERTY LOCATED NORTH OF AND ADJACENT TO OLD
WINTER GARDEN ROAD AND WEST OF AND ADJACENT TO OHIO AVENUE ,
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION
DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE.
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City Commission Regular
October 5, 2010
15. Deeper Life Assembly of God Church. (Advertised in the Orlando Sentinel Orange Extra on
Thursday, September 9 and 16, 2010). Continued from the September 21, 2010, City Commission
Meeting. (Principal Planner Rumer)
Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that
Honorable Mayor and City Commissioners adopt the ordinance to annex the 38 +/- acres of land known as
Deeper Life Church parcels and also adopt the annexation agreement for the 5.3 acre parcel containing the
existing church buildings.
a. Annexation Ordinance No. 2010 -017
City Attorney Rosenthal read the title of Ordinance 2010 -017.
Principal Planner Rumor explained the annexation of both parcels and the annexation
agreement. He said there will be no rezoning at this time. Mr. Rumer said the 32 acres in the
rear has existing single family residents and some out buildings that was annexed so as not to
create an enclave by annexing only the 5.2 acre property south of there. The applicants have been
in the annexation process since 2003. The applicants intend to hook up to city water available on
AD Mims Road; sanitary sewer is not immediately available... They will be required to pay
impact fees and to bring the site up to Ocoee Code standards with regard to the portables on the
property as well as other issues. Exhibit B of the Annexation agreement discussed permitting
those portables on a temporary basis
Commissioner Hood questioned the time frame for bringing this up to code. Mr. Rumer
advised they will have to submit a site plan within 60 days. City Attorney Rosenthal said the
Annexation Agreement states that the portables have to have a Certificate of Occupancy within
180 days.
Commissioner Wilsen asked when their plan is for the property on the north side of the railroad
tracks. Mr. Rumor explained that there is not sufficient access to develop single family
residential because they had attempted it in the past and not been approved. He added that there
is current Code Enforcement action against them from Orange County, but they continued the
case to see if the annexation passes. Commissioner Hood said they have gained another six
months to take care of those problems. He expressed concerned that if they did not comply with
Orange County codes why would they comply with ours. Commissioner Hood asked what the
impact fees were. City Attorney Rosenthal said $18,690.51 for transportation impact fees and
$7,284.20 for fire and police impact fees for what is already developed. If someone could have
annexed into the city, but didn't, and developed in the county to avoid compliance with our
regulations and paid impact fees to the county; our policy is that they are required to pay the
impact fees that they would have paid so there is no incentive to develop in the county and then
annex into the city. The agreement says the fire and police impact fees are supposed to be .paid
upon execution of the annexation agreement and the remainder will be made in annual payments
of $3,738 for a period of four years. Mr. Rumer said in order to annex they will be receiving
water and making capital payments for the connection of the water.
Commissioner Johnson stated that we will not get any taxes developed as a church.
Mayor Vandergrift opened the Public Hearing. Closed.
Neil Wilsen, Engineer for Deeper Life, explained that they purchased the portables for $100
each, but paid $25,000 to have them transported. He said when they went through the permit
process and found they would have to pay $35,000 in County impact fees and they can't provide
could water. They would like to annex into Ocoee. He said there is now a Code Enforcement
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City Commission Regular
October 5, 2010
Action against them from the county because they held off on the permitting process there to
annex into Ocoee and get the benefits of being in Ocoee and getting domestic water.
Commissioner Wilsen expressed concern about what will be developed on the north side of the
railroad tracks since it is close to residences. Commissioner Keller said if that is the case it is
better to have it under our control then let the county put in whatever they want. He added
another benefit is that we have control over trespassers that are now coming in from the side of
the lake that is county.
Commissioner Wilsen asked if there will be a walkway around the lake. Mr. Rumer stated all
properties on the lake have a conservation easement so it will now create an area all the way
around. He added that they walked the property and discussed all of the issued that need to be
addressed. City Attorney Rosenthal said the City Commission has an adopted policy that says
if they decline annexation of a property the applicants are now entitled to receive sewer and/or
water service from the city without going through further annexation process. He stated if that
occurred he is guessing they would not here from the church again. Mr. Wilsen confirmed that is
correct. Further discussion occurred regard to corrections that need to be made on the property.
Commissioner Keller, seconded by Commissioner Hood, moved to approve
Annexation Ordinance No. 2010 -017 approving the annexation of certain real
property containing 32.7 acres into the City of Ocoee per staff recommendations
and subject to the execution of the annexation agreement and subject to the
payment of all fees due from the property owner at the time of execution of the
annexation agreement which must occur within 45 days from this date of
approval. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-017
CASE NO. AX- 04- 07 -20: Deeper Life Assembly
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 32.7 ACRES LOCATED NORTH OF
A D MIMS ROAD AND WEST OF PRAIRIE LAKE BOULEVARD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID
ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
b. Annexation Ordinance No. 2010 -018
Ordinance was incorrectly labeled No. 2010 -016 on the agenda item.
City Attorney Rosenthal read the title of Ordinance 2010 -018.
Mayor Vandergrift opened the Public Hearing.
All Public Hearing comments from the prior hearing carry over. Public Hearing Closed.
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City Commission Regular
October 5, 2010
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
Rezoning Ordinance No. 2010 -018 approving the annexation of certain real
property containing 5.3 acres into the City of Ocoee per staff recommendations
and subject to the execution of the annexation agreement and subject to the
Payment of all fees due from the property owner at the time of execution of the
annexation agreement which must occur within 45 days from this date of
approval. Motion carried 5 -0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2010-018
CASE NO. AX- 04- 07 -20: Deeper Life Assembly
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 5.3 ACRES LOCATED NORTH OF
AND ADJACENT TO A D MIMS ROAD AND WEST OF PRAIRIE OAKS COURT
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF
OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
c. Annexation Agreement
Commissioner Keller, seconded by Commissioner Hood, moved to approve the
Annexation Agreement between the City of Ocoee and International Church of
Foursquare (Deeper Life Assembly) per staff recommendations with authorization
and execution thereof by the Mayor and City Clerk and subiect to the applicant
signing the annexation agreement and providing the city with all payments due at
the time of execution which must occur within 45 days from this date of approval.
Motion carried 5 -0.
I. PUBLIC HEARINGS
16. City of Hope Church — Special Exception. (Advertised in the Orlando Sentinel on Thursday,
September 23, 2010). (Principal Planner Fabre)
The "Ocoee Plaza" Shopping Center contains a variety of business such as: Tropic Save
Supermarket, Family Dollar, Los Primos Restaurant, Franco's Pizzeria, Money Pawn, Hair
Salon and H &R Block. The subject unit spaces (storefronts) are vacant and adjacent to each
other, and both are situated on the north side of the Shopping Center. The Applicant has
proposed to convert these two spaces into one church space. The Future Land Use
designation for this entire property is "Commercial" with a current zoning classification of
"C -2" Community Commercial.
Principal Planner Fabre summarized the special exception request.
Page 13 of 17
City Commission Regular
October 5, 2010
A lengthy discussion regarding the limitation of businesses that would be able to go into the
same shopping center due to an ordinance requiring 500ft from the sale of alcoholic beverages.
City Attorney Rosenthal stated that existing businesses are not affected, but any new business
would be subject to that ordinance. Mr. Fabre stated that new businesses coming in would be
exempt from that if their food sales exceed the alcohol sales. He stated the only business that
could be affected would be a package store.
City Attorney Rosenthal stated the Code can be modified at any time after this approval is
done; the church would have the right to speak at the public hearing, but they would have to
abide by the any new changes that occurred.
Mayor Vandergrift opened the Public Hearing.
Pastor David Young said he would like to move into this plaza; at this time there is no business
with an interest in using that space according to the landlord. He stated he has no objection to
any type of business that would move in next door, even a package store.
Mayor Vandergrift discussed continuing the hearing. Commissioner Keller asked if we could
do something to allow then to go in there and hear the public hearing later.
After lengthy discussion the consensus was to approve the special exception for a specific period ,
of time. The approval of the special exception does not restrict the commission's ability to
amend the ordinance. If they wish to extend their lease, they would have to come back to get an
amendment to the special exception. The existing ordinance would apply until revisions were
made to the ordinance.
Kenny Patterson, Design Solutions, Inc., stated that to go through permitting and build out
they would not sign the lease for at least 45 days. After discussion the consensus was to approve
the special exception for a period of time ending December 31, 2011.
Mayor Vandergrift closed the Public Hearing.
Mayor Vandergrift, seconded by Commissioner Hood, moved to approve the
Special Exception per staff recommendations for a period of time expiring
December 31, 2011. Motion carried 5 -0.
City Attorney Rosenthal advised the applicants that if they plan to extend the lease passed
December 31, 2010, they need to come and see the Planning Department six months prior to that
to start the process to discuss the extension of the special exception.
Assistant City Manager Shadrix stated that he will bring forward an amended ordinance based
on the comments they have made this evening. He should it should not be a difficult task to
change language with regard to the definition of full course meals and the seating requirements.
There was discussion with regard to some smaller establishments in the city that would like to be
allowed to sell alcohol and about having wine bars in the city as are popular in other areas.
Mayor Vandergrift asked Pastor Young to talk to the Police Chief regarding the Chaplin's
group they have to see if he is interested in participating.
J. REGULAR AGENDA
17. Briefing and Update Regarding a New Chapter 45 of the Code of Ordinances of the
City of Ocoee Relating to Trees on Private Residential Properties within the City.
(Building Official Washington) (Discussion tabled at the meeting on August 17, 2010)
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City Commission Regular
October 5, 2010
Trees can reduce the erosion of our top soil by wind and water, cut heating and cooling costs, moderate the
temperature, clean the air produce oxygen, provide habitat for wildlife, and increase property values, and
improve the aesthetics of the community. Based on numerous comments from citizens to staff and to the City
Commission, staff was directed to evaluate and bring forward a means of regulating trees on private residential
properties. Staff has prepared a draft ordinance creating a new Chapter 45 of the Code of Ordinances of the
City of Ocoee that creates a regulatory framework and policy for the control of planting, removal, maintenance,
and protection of trees on private residential properties.
Item #17 was moved up on the agenda and heard before item #11.
Assistant City Manager Shadrix explained the amendments to the ordinance as presented by
staff and said this is not the first reading; there is still room for amendments. He stated the
ordinance needed to be amended to include single family residences. He said they attempted to
create an ordinance that will create a beautiful place and not be too tough on the residents.
Mayor Vandergrift clarified that residential properties will now require three trees per home, so
residents may now cut down any number of trees as long as they maintain the minimum.
Commissioner Wilsen clarified that they will still need to obtain a permit. Commissioner Hood
clarified that they can cut down any trees, they will not be advised which trees to cut.
R.P. Monacky, 1820 Prairie Lake Blvd., asked about removing a large tree from the front of his
property. Mr. Shadrix explained under the proposed ordinance he would have to have a
minimum of three trees on his property and there would be no requirement to replace it.
Lengthy discussion ensued. Regarding tree types required, possibly adding a tiered system for
minimum tree requirements based on the size of the lot, a process in the ordinance if the
minimum requirement would create a hardship, consideration of septic system issues, etc.
There was further discuss regarding size and type of trees required for replacement trees.
Commissioner Wilsen said she feels trees are what make a neighborhood look good. She likes
the way the ordinance is designed to allow exceptions with people who may have a hardship.
Commissioner Keller said he feels it would be more equitable to require a certain amount of
trees per square footage of property. He said small yards with septic systems would have a
difficult time passing inspections if this new legislation passes for septic system installation and
inspections.
Elizabeth Osborne, 108 Miller Court, stated she agrees with Commissioner Keller on the lot
size; however she would also like the commission to consider requiring that one of the minimum
required trees goes in the front yard.
Commissioner Hood said he is not opposed to the minimum tree requirement as long as we
don't tell residents which trees they can or cannot cut down and where they have to be located.
Commissioner Johnson agreed with Commissioner Hood and also felt a tiered system may
work with regard to lot size.
Commissioner Wilsen stated she does not think they should over - police by requiring front yard,
or number of trees per sq footage of lot, etc. The ordinance has a built in exemption process if
people feel the requirement would create a hardship... Mayor Vandergrift mentioned that you
can't go by lot size without considering how much space the home takes up on the lot.
City Attorney Rosenthal said the ordinance does not require any existing residents to do
anything; there is an exception that says it does not apply to private premises that have received a
certificate of occupancy prior to the date of adoption of this ordinance. It addresses removal;
first, it requires a permit; second, it addresses replacement requirements.
Page 15 of 17
City Commission Regular
October 5, 2010
The main difference is that this ordinance allows anyone to remove a tree if they want to as long
as they meet the minimum tree requirement. Prior to this, the tree had to be diseased or falling to
be removed.
Commissioner Wilsen, seconded by Commissioner Hood, moved to direct staff to
come back with an ordinance for first reading that incorporates all of the items
discussed tonight.
Commissioner Keller stated he would still like to see a tier system in the ordinance based on lot
because three trees may be too much for some lots in the city. Commissioner Wilsen noted that
the ordinance as written allows for exceptions for people who have hardships. Mr. Shadrix
stated another option could be that the replacement is 1;1 for those with less than the minimum,
if you only have one or two trees and you cut one down, you would only have to put one back.
They would not be required to bring it up to the minimum.
Commissioner Keller also inquired if a new owner purchased the property would they still be
grandfathered in or would they be required to bring the property up to the minimum number of
trees. City Attorney Rosenthal said the only thing that will trigger this ordinance is a removal
of an existing tree, not a change in property ownership. Commissioner Hood said he would like
permit fees to be brought back also.
City Manager Frank clarified that the Commission wants all the proposed changes to be
brought back as the first reading of the ordinance.
Vote: After the discussion, motion carried 5 -0.
18. Approval of Resolution Amending and Replacing Resolution No. 2007 -06; Providing a
Fee Structure for the Ocoee Parks and Recreation Department for Participation in
Recreation Programs, Classes, Activities, and Event Rental of City Facilities,
Memberships, and Usage Fees. (Parks and Recreation Director Hayes)
In April of this year the City Commission approved adjustments specific to the operations of the swimming
pool. Since then, the Parks and Recreation Department has completed a comprehensive review of the remaining
fees for parks, facilities, programs, and memberships and is recommending adjustments to many of the fees. All
of the proposed fee adjustments have been identified in the attached Schedule A. Furthermore, the Parks and
Recreation Advisory Board reviewed the proposed fee schedule and recommended the proposed fee schedule to
the City Commission for consideration.
City Attorney Rosenthal read the title of the resolution.
Parks and Recreation Director Hayes reviewed the resolution and fee structure.
Commissioner Keller, seconded by Commissioner Wilsen, moved to adopt
Resolution No. 2010 -014 approving the Fee Structure for the Ocoee Parks and
Recreation Department as presented. Motion carried 5 -0.
K. STAFF ACTION ITEMS -none
L. COMMENTS FROM COMMISSIONERS
Commissioner Keller — no announcements
Page 16 of 17
City Commission Regular
October 5, 2010
Commissioner Johnson — Orange County Commissioner Bill Segal's campaign signs are in the
right -of -way; in one place a sign is blocking the view of Silver Star Road. Ocoee Fire Deputy
Chief Butch Stanley stated that he will contact the candidate's campaign headquarters tomorrow
about the matter.
Commissioner Wilsen — Bingo at the Ison Center on Sunday — Commissioner Wilsen wanted to
know how the event was going. Commissioner Hood reported that the center was crowded this
past weekend.
Commissioner Hood — asked about getting signs and barricades moved at the Farmer's Markets.
The city manager said that the signs and barricades will be moved. Ocoee High School football
team plays South Lake at South Lake this Friday. Ocoee High's team has suffered injuries.
Mayor Vandergrift — told a joke.
ADJOURNMENT
The meeting adjourned at 9:30 a.m.
APPROVED:
Attest: City of Ocoee
/� i r
5'y�
rel ikenberry, City Cle S. Scott Vandergrift, Mayor
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