10-06-15 Agenda
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
October 6, 2015
5:45 P.M. EXECUTIVE SESSION
7:15 P.M. AGENDA
REGULAR CITY COMMISSION MEETING
A.CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B.PRESENTATIONS AND PROCLAMATIONS
Proclamations – October 2015 (Mayor Grogan)
International Walk to School Day – October 7, 2015, Accepted by Sergeant
Brian Satterlee
Brakes on Fatalities Day – October 10, 2015, Accepted by Sergeant Brian
Satterlee
Week of the Family – November 7 through November 14, 2015, Accepted by
Victoria Laney
Presentation – FEMA Research Regarding 100 Year Flood Plain with Development
(City Planner Rumer)
C.COMMENTS FROM CITIZENS/PUBLIC
D.STAFF REPORTS AND AGENDA REVIEW
E.COMMISSIONERS ANNOUNCEMENTS
F.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.
Approval of Minutes for the Regular Commission Meeting held September 15,
1.
2015. (City Clerk Eikenberry)
Approval of New Appointments to the CACOPD and CACOFD Advisory
2.
Boards (3-year terms). (City Clerk Eikenberry)
a) New Appointment to the Citizen Advisory Council for Ocoee Police Department (CACOPD).
Members of the Citizen Advisory Council for Ocoee Police Department serve three-year terms. The
Resolution creating the Board allows no more than fifteen (15) members. The Board currently has
eight (8) members. One application has been received to serve on the Board from Adam Seebeck.
b) New Appointment to the Citizen Advisory Council for Ocoee Fire Department (CACOFD).
Members of the Citizen Advisory Council for Ocoee Fire Department serve three-year terms. The
Resolution creating the Board allows no more than fifteen (15) members. The Board currently has ten
(10) members. One application has been received to serve on the Board from Adam Seebeck.
Regular City Commission
October 6, 2015
Reappointment of Members of the 2015 Canvassing Board for the Ocoee Special
3.
Election on October 27, 2015. (City Clerk Eikenberry)
In accordance with Section C-50 of the Ocoee City Charter the Canvasing Board will consist of three
(3) citizens appointed by the City Commission. On February 19, 2015 the City Commission appointed
a Canvassing Board for the March 2015 election. All three members of the canvassing board are
willing to remain on the board and serve for the Special Election on October 27, 2015, if reappointed.
The Canvassing Board will meet on October 27, 2015, at 4:00 p.m., at the Supervisor of Elections
Office, 119 West Kaley Street, Orlando. The process of canvassing and auditing the election results
may take several hours.
Approval of Termination of Temporary Drainage Easement for Ocoee Crown
4.
Point Parkway. (City Engineer Wheeler)
With the development of the initial phases of the Westyn Bay subdivision in 2002/2003, the portion of
Ocoee Crown Point Parkway from Ocoee-Apopka Road to West Bay Boulevard was included in the
construction of the residential development. The overall design was for Ocoee Crown Point Parkway
from Ocoee-Apopka Road to Staten Branch to drain into the stormwater management system for the
Westyn Bay development. However, the portion of Ocoee Crown Point Parkway from the Westyn Bay
Boulevard to Staten Branch was to be constructed with the development of Ocoee Crown Point PUD.
Until this portion of road was constructed, a temporary stormwater pond was required for the portion
of road constructed with the Westyn Bay development. The temporary pond was located on the
Westyn Bay commercial tract. In 2004, the City constructed the extension of Ocoee Crown Point
Parkway as part of the Phase 1 infrastructure for the Ocoee Crown Point PUD development. The road
drainage was directed to the Westyn Bay stormwater system as planned, and the pond was not needed
any longer. The easement was to be terminated upon completion of the stormwater improvements.
Award of Bid #B15-08 Bluford Avenue Stormwater and Utility Improvements
5.
Project (ReBid). (Purchasing Agent Tolbert)
The City of Ocoee, Florida (City) solicited bids from qualified contractors to furnish labor,
supervision, materials, equipment, supplies and incidentals to construct the Bluford Avenue
Stormwater and Utility Improvements Project. The project includes improvements to the drainage
system and utility upgrades on Bluford Avenue from Columbus Street to 7th Street inclusive of the
Orlando Avenue intersection, which will consists of new stormwater pipes, structures, water and force
mains, curb and gutter and pavement. The work incorporates approximately 2,200 LF of force main
and 2,000 LF of roadway reconstruction. The project is located in the Wekiva River Basin area, and
the improvements will eliminate a longstanding drainage problem. The project will be completed
within (270) calendar days from the issuance of the Notice to Proceed. Staff recommends that the City
Commission award Bid #B15-08 Bluford Avenue Stormwater and Utility Improvements Project
(Re-Bid) to Dewitt Excavating, Inc., in the amount of $1,425,549.10.
Award of RFQ #1503 Continuing Contracts for Engineering Services.
6.
(Purchasing Agent Tolbert)
The City’s continuing contracts for engineering services have expired. In compliance with the
Consultants’ Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055 and Chapter 21
of the City’s Code of Ordinances, the City solicited statements of qualifications from qualified
professional engineering firms or individuals that are interested in providing general engineering
services for public works and utilities projects for studies, design, plans production, construction
management, traffic impact analysis, development plan review, and other miscellaneous engineering
projects. The firms selected by the City will provide professional engineering services to the City on an
as-needed basis based upon task orders to be issued by the City under the continuing contract.
The City intends to award continuing contracts to at least three (3) firms deemed to be the most highly
qualified to perform the required services. The continuing contracts shall automatically be renewed
annually, unless terminated by the City in writing, for a total of five (5) years from the date of
execution, plus a one (1) year optional renewal at the City’s discretion. Staff recommends that the City
Commission award RFQ #1503 Continuing Contracts for Engineering Services to Brindley Pieters and
Associates, Inc., CPH Inc., and Pegasus Engineering, LLC.
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Regular City Commission
October 6, 2015
Approval of State Highway Lighting, Maintenance and Compensation
7.
Agreement and Resolution. (Public Works Director Krug)
This agreement provides for funding from FDOT to the City to help defray the costs of streetlight
operation and maintenance on several State highways within Ocoee’s corporate limits. The work order
under this Agreement will provide Ocoee with an annual payment of $32,383.00 for the 2015-2016
fiscal years. This figure reflects a 5% decrease per unit cost from the previous year. Public Works
recommends approving the new work order under the State Highway Lighting, Maintenance and
Compensation Agreement with the FDOT.
Approval of Railroad Reimbursement Agreement for Municipal Grade Crossing
8.
Traffic Control Devices and Resolution – Prairie Lake Blvd. (Public Works
Director Krug)
This agreement provides for funding from the Federal Highway Administration to the FDOT to install
new railroad grade crossing signals on Sawmill Boulevard at the Florida Central Railroad crossing.
The purpose of this agreement is to allocate the Federal funds to upgrade existing grade-crossing
signals to meet current requirements.
Approval of the Revised Railroad Reimbursement Agreement for Municipal
9.
Grade Crossing Traffic Control Devices and Resolution as Amended – Sawmill
Boulevard. (Public Works Director Krug)
The Commission approved an agreement for the subject crossing in August of this year. The FDOT
has determined there was a clerical error in the approved agreement concerning maintenance costs.
This corrected agreement clarifies the City’s responsibilities while providing funding from the Federal
Highway Administration to the FDOT to install new railroad grade crossing signals on Sawmill
Boulevard at the Florida Central Railroad crossing. The actual maintenance costs are anticipated and
adequately covered in the City budget. The purpose of this agreement is to allocate the Federal funds to
upgrade existing grade crossing signals to meet current requirements.
Approval of Winshire Boulevard (Windermere Groves Subdivision) Pavement
10.
Repairs. (Public Works Director Krug)
The City accepted the maintenance of the general access roads in the Windermere Groves subdivision
in August of 2012. Since the acceptance, the structural roadway base under the pavers at the entrance
on Winshire Boulevard has failed in several spots, because of their structural capacity. Public Works is
recommending all pavers be replaced with new base and concrete pavers at a cost of $22,000 as
utilizing concrete pavers will maintain the existing look of the subdivision entrance and is in keeping
with the Maguire Road Corridor.
G.FIRST READING OF ORDINANCE
First Reading of Ordinance - Crystal Investments Assisted Living Facility (ALF)
11.
Rezoning to Planned Unit Development (PUD) / Land Use Plan (LUP).
(
Second
Reading and Public Hearing scheduled for October 20, 2015, Regular Commission Meeting at 7:15
(Principal Planner Fabre)
p.m. or soon thereafter.)
The Crystal Investments ALF property is located on the northwest corner of Silver Star Road and
Ridgefield Avenue. The subject site is approximately 1.73 acres in size and is currently vacant,
undeveloped and sparsely covered on the north side with a mixture of Cherry, Pines and Oaks. The
property is currently zoned Neighborhood Shopping (C-1). The Future Land Use designation for the
site is “Commercial,” which allows for a Floor Area Ratio of 3.0. The Applicant is requesting a
“Planned Unit Development” (PUD) zoning in order to allow for a 60 Bed Assisted Living/Memory
Care Facility (ALF). The Land Use Plan proposes the eventual construction of a one-story building
with a total building floor area of 20,664 square feet. Based on the recommendation of the DRC and
Planning & Zoning Commission, Staff recommends that the City Commission approve the PUD
Rezoning and Land Use Plan for Crystal Investments ALF, subject to resolving any remaining staff
comments.
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Regular City Commission
October 6, 2015
First Reading of Ordinance - Ocoee Landings Rezoning to Planned Unit
12.
Development (PUD), Land Use Plan (LUP) and Preliminary Subdivision Plan
(PSP).
(
Second Reading and Public Hearing scheduled for October 20, 2015, Regular Commission
(Principal Planner Fabre)
Meeting at 7:15 p.m. or soon thereafter.)
The Ocoee Landings property is located on the northeast corner of Silver Star Road and Lake Johio
Drive, which is approximately 20 acres in size and currently vacant. The property is currently zoned
Community Commercial (C-2). The Future Land Use designation for the site is “Commercial,” which
allows for a Floor Area Ratio of 3.0. The rezoning to PUD is required to introduce the residential
density. The Ocoee Landings Planned Unit Development (PUD) will consist of a mixed-use
development consisting of 9.15 acres of residential and 6.89 acres of commercial. The residential
portion of the project is proposed at a maximum of fifty (50) dwelling units. The typical lot size
proposed is 50’ x 110’ (5,500 sq. ft.). There are three passive recreation areas with two tot-lots
proposed on the LUP/PSP. The subdivision will be un-gated with public streets. As shown on the
plans, the four (4) commercial lots will have access on Silver Star Road and Lake Johio Drive. The
commercial portion will consist of 6.89 acres of C-2 uses with certain uses excluded.
There are three (3) waivers from the Land Development Code that are currently requested. First, the
Applicant has requested a waiver from Table 5-1 Permitted Use Regulations to allow drive-in
restaurants within two hundred (200) feet of residential property. The second waiver requested is for
the commercial building setback of 50 feet against residential use to be reduced to 25 feet on Lots 3
and 4 only. The third and final waiver requested is reducing the PUD 25 feet minimum building
setbacks for the residential portion of the PUD.
First Reading of Ordinance – Homes in Partnership, 348 13th Avenue Property
13.
Annexation and Rezoning.
(
Second Reading and Public Hearing scheduled for October 20,
(City Planner Rumer)
2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter.)
The subject property is vacant and located on the south side of 13th Avenue, on the corner of 13th
Avenue and Peters Street. The subject property is considered contiguous to the City of Ocoee since it is
bordered by property located within the City limits on the east side. The annexation is consistent with
the Future Land Use Element Policy 2.5. City staff has requested a City of Ocoee zoning designation
of R-1 (Single-Family Dwelling), which is consistent with the zoning of the adjacent Orange County
properties. According to the Land Development Code, the R-1 zoning designation is intended for areas
shown on the Future Land Use Map as “Low Density Residential.” The R-1 zoning designation is
consistent with the adopted future land use designation of Low Density Residential, as shown on the
City of Ocoee and Orange County Joint Planning Area future land use map. The proposed annexation
is a logical extension of the City limits, urban services can be provided, and the annexation meets state
and local regulations.
H. SECOND READING OF ORDINANCE – PUBLIC HEARINGS
Second Reading of Ordinance - Ansine & Dukes Property, 5907 Ingram Road.
14.
(Advertised in West Orange Times on Thursday, September 24, 2015, and Thursday, October 1, 2015.)
(Principal Planner Fabre)
The subject property is located on the east side of Ingram Road approximately 750 feet north of the
Clarcona-Ocoee Road intersection. The subject parcel has one existing Single-Family Residence with a
Minor-Community Residential Home (Joan's Villa ALF) component. Minor-Community Residential
Homes are designed to serve no more than seven residents. No development proposal is planned at this
time. The Applicant has requested annexation into the City limits mainly for a possible future Single-
Family lot split. City staff has requested a City of Ocoee zoning designation of A-1 (General
Agriculture), which is consistent with the zoning of the properties to the north and south. According to
the Land Development Code, the A-1 zoning designation is intended for areas shown on the Future
Land Use Map as “Low Density Residential.” Staff recommends that the City Commission approve the
Annexation of the +/- 4.98 acres parcel of land known as the “Ansine & Dukes” Property with an
Initial Zoning classification of “A-1.”
a.Annexation Ordinance
b.Rezoning Ordinance
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Regular City Commission
October 6, 2015
Second Reading of Ordinance - Homes in Partnership, N Lakewood Avenue.
15.
(Advertised in West Orange Times on Thursday, September 24, 2015, and Thursday, October 1, 2015.)
(City Planner Rumer)
The subject properties are located on the west side of N Lakewood Avenue and 13th Avenue. The
three parcels are contiguous, vacant and approximately +/- 0.52 acres. Two lots are 7,500 square feet,
and one is 7,750 square feet. The subject property is considered contiguous to the City of Ocoee since
it is bordered by property located within the City limits on the west side. City staff has requested a City
of Ocoee zoning designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of
the adjacent Orange County properties. The proposed annexation is a logical extension of the City
limits, urban services can be provided, and the annexation meets state and local regulations.
a. Annexation Ordinance
b. Rezoning Ordinance
c. Annexation Agreement (not a public hearing)
Second Reading of Ordinance - Homes in Partnership, 535 Woodson Avenue.
16.
(Advertised in West Orange Times on Thursday, September 24, 2015, and Thursday, October 1, 2015.)
(City Planner Rumer)
The subject property is located at 535 Woodson Avenue, which is south of the intersection of
/-
Woodson Avenue and Center Street. The subject site is vacant and is approximately +8,114 square
feet or 0.19 acres and is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on the west side. City staff has requested a City of Ocoee zoning
designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of the adjacent
Orange County properties. The proposed annexation is a logical extension of the City limits, urban
services can be provided, and the annexation meets state and local regulations.
a. Annexation Ordinance
b. Rezoning Ordinance
c. Annexation Agreement (not a public hearing)
I.PUBLIC HEARINGS
Ocoee Pines Planned Unit Development (PUD) Preliminary/Final Subdivision
17.
Plan (Principal
(Advertised in the West Orange Times on Thursday, September 24, 2015.)
Planner Fabre)
The Ocoee Pines PUD property includes approximately 101.53 acres of land and is generally located
northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The Ocoee Pines
Preliminary/Final Subdivision Plan is a residential subdivision that proposes a total of 278 single-
family residential lots, which will be typically (116) 75 feet by 120 feet and (162) 50 feet by 120 feet.
The minimum net living area for the 75’ wide product will be 2,000 square feet and 1,800 square feet
for the 50’ wide product. The development is proposed to be constructed in two (2) phases and will
have two (2) access points on Clarcona-Ocoee Road. The Plan shows a six-foot high brick wall with
landscaping on the north side of the development and along Clarcona-Ocoee Road. Landscaping,
columns and aluminum railings are proposed along the perimeter and open space portions of the site.
Additionally, a six-foot high brick wall with landscaping will be installed on the south side of the
development. The recreation area will consist of a 1,000 square feet Cabana, swimming pool, play
field, and tot-lot with benches. Ryan Homes is programed to be the home builders for the 50’ wide
product and Surrey Homes is programed for the 70’ wide products. The Preliminary/Final Subdivision
Plan is consistent with the approved Ocoee Pines PUD. Potable water & sanitary sewer, reclaimed
water, solid waste services, police and fire protection will all be provided by City of Ocoee.
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Regular City Commission
October 6, 2015
Iglesia Cristiana Sendero De Luz Church - Special Exception for a School Use,
18.
325 Ocoee Apopka Road.
(Advertised in the West Orange Times on Thursday, September 3,
(City Planner Rumer)
2015. This item was continued from the September 15, 2015 meeting.)
The Iglesia Cristiana Sendero De Luz Church is located on the east side of Ocoee Apopka Road, 350
feet north of the intersection of Silver Star Road and Ocoee Apopka Road and consists of a sanctuary
and six detached classrooms on 2.25 acres. The subject property received an approved site plan (First
Spanish Assembly of God) in 2002. The Master Plan included three phases. Phase one included a
sanctuary, parking and stormwater improvements. Phase two included a future sanctuary addition and
classroom space. Phase three provided for additional parking. On July 1, 2014, a Special Exception
was approved to use three portables for additional classroom space.
The applicant intends to either start a school or rent the property for a school use along with the
church. The school use would be limited to 75 students. Of the 75 students, the Elementary School
aged students will be capped at 15, Middle School aged students will be capped at 40, and High School
at 20 students. The school will primarily use the existing portables for classrooms and administration.
An outside play area will be provided near the rear of the property.
J.REGULAR AGENDA
Potential Code Enforcement Special Magistrate. (Assistant Director of Support
19.
Services Gaines)
At the request of the City Commission, staff was tasked with looking at the pros and cons of using a
Special Magistrate to replace the current Code Enforcement Board.The City Commission directive led
staff to review several examples of cities with a Special Magistrate program in place. These cities have
programs that run exactly like a Code Enforcement Board except that the Special Magistrate hears the
cases, issues the Findings of Fact and Conclusion of Law. Liens and lien reduction requests are also
handled by the Special Magistrate.
Ashton Park Ocoee of Ocoee Assumption of Maintenance and Deed.
20.
(City Attorney Cookson)
The Ocoee Commons PUD, including Ashton Park, was platted in 2005. At the time of platting,
several tracts, specifically L4, L5, H2, and J (“Property”), were dedicated to the City of Ocoee or
conveyed to the City along the Montgomery Avenue right-of-way. To date, the Ashton Park of Ocoee
Homeowner’s Association (“HOA”) has maintained the Property for the benefit of the residents;
however, because it abuts the public right-of-way, the City desires to assume the obligations and
responsibilities of the HOA as to the maintenance of the Property. Additionally, in researching this
issue, the City and HOA discovered that two tracts along the right-of-way (Tracks H2 and J) were
never deeded to the City. The HOA has provided to the City an executed Assumption of Maintenance
Agreement for the Property and executed a deed to the two tracts (H2 and J) that were never deeded to
the City.
K.STAFF ACTION ITEMS
L.COMMENTS FROM COMMISSIONERS
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. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 -3105 48 HOURS IN ADVANCE OF THE
MEETING.
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