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Item #01 Approval of Minutes for the Regular Commission Meeting held September 15, 2015 MINUTES September 15, 2015 at 7:15 P.M. REGULAR CITY COMMISSION MEETING A.CALL TO ORDER Mayor Grogan called the regular session to order at 7:15 p.m. in the Commission Chambers of Commissioner Keller City Hall. gave the invocation, followed bythe Pledge of Allegiance to Commissioner Johnson. City Clerk Eikenberry the Flag, led by called roll and declared a quorum present. Roll Call: Mayor Grogan, Commissioner Wilsen, Commissioner Johnson, and Commissioner Keller. B.PRESENTATIONS AND PROCLAMATIONS C.COMMENTS FROM CITIZENS/PUBLIC Michael Eng , Editor for West Orange Times, said he is before the Commission to inquire whether they would be interested in having their newspaper help organize and host the debate between the candidates for Mayor in the upcoming Special Election. By helping facilitate the debate they can encourage participation in the upcoming election and raise awareness about every candidate. They can also formulate the debate questions, provide a timekeeper and provide coverage of the debate in print and online. The goal is to offer an unbiased, neutral platform for all the candidates. Commissioner Keller said he feels this would be a good idea and wished they had been doing William Maxwell this in the past. , 558 Woodson Ave., inquired if Mr. Eng had a proposed Mr. Eng venue and format. said they are in the beginning stages of putting this together and they Mr. are open to ideas. They have spoken to several people about serving as a moderator. MaxwellMr. Ying inquired about the projected timeline for the debate. said that they are hoping Commissioner Keller sometime in the next 2-3 weeks. shared that he does not mind having it at City Hall, as done in the past, since they have the TV cameras and it would make it easier to get out to the public. Commissioner Wilsen commented that she is a member of the Woman’s Club of Ocoee, and they have historically always hosted the debate forum. They have also already been planning for this forum including reaching out to moderators. She further shared that the political forum has always been fair and unbiased. The discussion of a forum has already been brought up at the budget meeting when she asked for money to televise it; however, Commissioner Johnson had Commissioner Johnson made mention that he would be out of town on the date they proposed. commented that he feels the Woman’s Club forum is not advertised enough and poorly attended. He further shared his concerns on why he felt it would be biased, because of several members on the committee. Having the West Orange Times host this forum free of charge is something that Mayor Grogan they can have done for future elections as well. Brief discussion ensued. shared that he has not made a decision on this and feels this can be discussed further at the end of the City Attorney Cookson meeting. advised that this is not a City issue, and the West Orange Times is more than welcome to contact the candidates and hold a debate. If they are not looking for the City to facilitate or fund the event, then there really is not a decision that the Commission Mr. Eng would need to vote on. said it would be ideal for the political forum to be held in City Regular City Commission September 15, 2015 Mayor Grogan Hall as done historically. advised this will be discussed further at the end of the meeting. D.STAFF REPORTS AND AGENDA REVIEW City Manager Frank briefly explained the Emergency Item below: Emergency Item - Approval to Extend City’s Marketing Contract with BeatCreative Industry Marketing and Waive the Purchasing Code allowing them to exceed the amount of $25,000 through the end of the Fiscal Year 14/15. (Parks and Recreation Director Hayes) The City of Ocoee used BeatCreative Industry Marketing for services marketing the Ocoee Lakeshore Center, Founder’s Day, and other marketing activities during this fiscal year (2014/2015). Recently, BeatCreative and City staff received state wide recognition from the Florida Festival and Events Association for its marketing and website design efforts for the 2014 Founders Day. The City has also hosted several successful marketing events at the Lakeshore Center, most recently the “Let’s Celebrate” event in May of this year. In an effort to capitalize on the marketing momentum that has been generated in 2015, city staff would like to continue utilizing the services of BeatCreative Industry Marketing with whom staff has contracted to provide the marketing expertise for these community events as well as finishing the activities for the current fiscal year associated with Founder’s Day. The amount for the marketing and web maintenance services has totaled $22,740 to date and will cost an additional $5,030 for the 2014-15 FY, totaling $27,770. Therefore, because the amount now exceeds the City Manager’s approval level, the Parks and Recreation Department is requesting the City Commission waive the bid process and increase the current PO to include the $5,030. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve waiving the bid process and increase the current purchase order with BeatCreative to include $5,030.00 for marketing and web services associated with Ocoee Founders’ Day. Motion carried 4-0. City Manager Frank briefly explained several changes to Item #6 on the Consent Agenda as follows: Item #6d. Third Amendment to the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) - the “Ocoee Water (Potable) Service Area” diagram depicts a residential lot (south of the hospital) as being within the City’s service area. Although the lot has been provided with City water service, it is on a temporary basis, so it should not have been depicted. The text for the legal is correct. A new diagram will be available tomorrow. Item #6e. Fourth Amendment to the Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-8) - the legal text does not contain the inclusion text for the Citrus Oaks Plaza across from Best Buy. The diagram is correct. A revised legal description covering the plaza has been completed. City Manager Frank announced that the Ocoee Fire Department, along with several other municipal and civic organizations, will participate in Florida Celebrates World Heart Day. th Therefore, on September 29 from 8-11 am and 1-4 pm the Fire Department will be offering free CPR courses at Fire Station 25. For more information contact the Fire Department. 2 | Page Regular City Commission September 15, 2015 E.COMMISSIONERS ANNOUNCEMENTS Commissioner Keller – None Commissioner Johnson – None th Commissioner Wilsen – announced that on October 17 there will be a heart screening with Saving Young Hearts. This event is for children from the ages of 6 years - 18 years old and will be held at the Kids Community College located in Ocoee. For more information go online to savingyounghearts.com or contact Martha Lopez-Anderson at 407-399-1039. Mayor Grogan – None F.CONSENT AGENDA Commissioner Keller, seconded by Commissioner Johnson, moved to approve the Consent Agenda Items #1 through #6 with the amendments to Items 6d. and 6e. as previously described by the City Manager. Motion carried 4-0. Approval of Minutes for the Regular Commission Meeting held September 1, 2015. 1. (City Clerk Eikenberry) Approved on Consent. Motion carried 4-0. Approval of West 50 Commercial Subdivision Replat Number One (Lots 2 & 3). (City 2. Engineer Wheeler) This replat is for Lots 2 and 3 of the West 50 Commercial Subdivision. The West 50 Commercial Subdivision is located on the south side of West Colonial Drive, north of the Florida Turnpike. The replat contains two (2) commercial lots on 2.943 gross acres of land. The purpose of the replat is to move the lot line between Lot 2 and Lot 3 a distance of 85 feet. Approved on Consent. Motion carried 4-0. Approval of an Agent Authorization Form to Allow Mattamy Orlando, LLC Execute a 3. Capacity Enhancement Agreement with Orange County Public Schools (OCPS) for the Crown Point Property. (City Attorney Cookson) On April 21, 2015, following an advertised public hearing, the City Commission approved a Purchase and Sale Agreement with Mattamy Orlando, LLC (“Mattamy”) for the purchase of the property known as Crown Point. On July 21, 2015, the City Commission approved an Amendment to the Purchase and Sale Agreement to extend the First Closing deadline to a date no later than June 1, 2016. At this time Mattamy is processing an application for Capacity Enhancement with Orange County Public Schools (OCPS). Since the City of Ocoee is still the owner of the property, OCPS has requested the City execute an Agent Authorization Form to allow Mattamy to move forward with a Capacity Enhancement Agreement. Approved on Consent. Motion carried 4-0. 3 | Page Regular City Commission September 15, 2015 Approval of the Federal Fiscal Year 2015 Edward Byrne Memorial Justice Assistance 4. Grant (JAG Countywide-State Solicitation) Application #2016-JAGC-2776 and Signature of 51% Approval Letter. (Police Chief Brown) This year $10,000.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit the attached 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $296,122.00. If approved, the City of Ocoee will receive $10,000.00 to purchase Equipment for Crime Scene Unit. Approved on Consent. Motion carried 4-0. Approval of Change Order No. 1 with Barracuda Building Corp. for the Nay Street and 5. Whittier Avenue Water Main Project. (Utilities Director Smith) On April 21, 2015, the City Commission approved the Nay Street and Whittier Avenue Water Main Project to extend water services and redundant (looping) backup for Nay Street and Whittier Avenue. The project provides looping from 1st Street to 2nd Street and extends south on to Nay Street for 445 feet. A future project will pick up from the end of the Nay Street main and extend south to Silver Star Road. This project will include a looping element and provides services to properties on the north side of Silver Star Road.This change order addresses a tabulation error to the contract amount in the deficit amount of $3,927.39. Due to this project being within Orange County’s right-of-way, it must meet the County’s requirements, which requires a fire hydrant and more extensive asphaltic surface work and milling. Additionally, the Utilities Department purchased surplus water main pipe from the contractor to use on a future project. These change order items caused a project increase in the amount of $39,594.87, and extended the contract completion date an additional fourteen (14) calendar days. The project experienced an increase in the amount of $43,522.26; but, overall, the project amount only increased by $25,632.97. This accounts for the net decrease in actual contract quantities used in the amount of $17,889.30. Approved on Consent. Motion carried 4-0. Approval of Inter-local Agreement with Orange County (Utilities) to Provide Utilities 6. Services to the Ocoee Pines Development. (Utilities Director Smith) The proposed JTD Land at Ocoee Pines, LLC (Ocoee Pines) Residential Development is located northwest of Clarcona Ocoee Road and southeast of the Forest Lake Golf Club. The development provides for 278 lots, 170 of those lots remain outside of the City’s potable and wastewater service area. Presently, the development would be served water and wastewater by Orange County in the northern portion of the development and Ocoee in the southern portion of the development. The dual service providers would increase all parties’ costs and lead to higher maintenance needs. To mitigate the issues, the City and Orange County desire to establish a wholesale/retail relationship; Ocoee providing retail potable and wastewater services, and Orange County providing the wholesale capacity. a. City of Ocoee/Orange County – Agreement for the Delivery and Usage of Wholesale Water and Wastewater to Ocoee Pines Development Approved on Consent. Motion carried 4-0. b. First Amendment to the City of Ocoee/Orange County Reclaimed Water Territorial Agreement Approved on Consent. Motion carried 4-0. c. First Amendment to the City of Ocoee/Orange County Agreement for the Delivery and Use of Wholesale Reclaimed Water Approved on Consent. Motion carried 4-0. 4 | Page Regular City Commission September 15, 2015 d. Third Amendment to the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-06) Approved on Consent with amendments presented by the City Manager. Motion carried 4-0. e. Fourth Amendment to the Orange County/City of Ocoee Sewer Service Territorial Agreement (Contract No. S-87-8) Approved on Consent with amendments presented by the City Manager. Motion carried 4-0. G.FIRST READING OF ORDINANCE First Reading of Ordinance - Ansine & Dukes Property, 5907 Ingram Road. 7. (Second Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon (Principal Planner Fabre) thereafter). The subject property is located on the east side of Ingram Road, approximately 750 feet north of the Clarcona- Ocoee Road intersection. The subject parcelis approximately+/- 4.98 acres and 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. The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. a. Annexation Ordinance b. Rezoning Ordinance City Attorney Cookson Mayor Grogan read the title of the Ordinances. announced the second reading and public hearing will be held on October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter. First Reading of Ordinance - Homes in Partnership, N Lakewood Avenue. 8. (Second Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon (City Planner Rumer) thereafter). 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 City Attorney Cookson Mayor Grogan read the title of the Ordinances. announced the second reading and public hearing will be held on October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter. 5 | Page Regular City Commission September 15, 2015 First Reading of Ordinance - Homes in Partnership, 535 Woodson Avenue. 9. (Second Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon (City Planner Rumer) thereafter). 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 City Attorney Cookson Mayor Grogan read the title of the Ordinances. announced the second reading and public hearing will be held on October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon thereafter. H. SECOND READING OF ORDINANCE – PUBLIC HEARINGS Second Reading of Ordinance – Ocoee Crown Point PUD (Planned Unit Development) 10. Substantial Amendment to PUD Rezoning Ordinance/Land Use Plan and Preliminary Subdivision Plan. (City (Advertised in the West Orange Times on Thursday, September 3, 2015) Planner Rumer) The Ocoee Crown Point PUD is envisioned to be a multi-use project combining an assortment of public uses with residential, office and commercial uses in a high quality Traditional Neighborhood Development environment.The City is currently under contract to sell the existing single-family residential tracts along with the 30-acre park tract to Mattamy Homes. The proposed amendment to the PUD is to modify the 30-acre park tract for residential use. The applicant has modified the plan to include single-family as the primary residential use. Accordingly, the Land Use Plan was amended to reflect the applicant’s request. The following modifications are proposed with this amendment submittal: • Change the land use of Tract 3 from park to residential; • Increase the maximum number of single-family dwelling units from 264 to 333; • All internal roadways will be private and gated; • On Ocoee Crown Point Parkway, the vehicle access points for the Elementary School Site will be limited to the school tract; • Public pedestrian access for the trail will be limited to the conservation tract adjacent to Lake Apopka. No internal trails will be open to the public; • Rear setback change from 25’ to 20’ on all lots with 120’ in length; • Modify the lot sizes to include 45’s, 55’s and 65’s. City Attorney Cookson read the title of the Ordinance. City Planner Rumer gave a brief summary presentation of the Ocoee Crown Point PUD (Planned Unit Development) Substantial Amendment to PUD Rezoning Ordinance/Land Use Plan and Preliminary Subdivision Plan. The Land Use Plan originally indicated single-family in Tracts 2 and 50; however, the applicant is requesting to change the land use of the Park Tract for residential use as well. The following modifications are proposed with this amendment submittal: • Change the land use of Tract 3 from park to residential; • Increase the maximum number of single-family dwelling units from 264 to 333; 6 | Page Regular City Commission September 15, 2015 • All internal roadways will be private and gated; • On Ocoee Crown Point Parkway, the vehicle access points for the Elementary School Site will be limited to the school tract; • Public pedestrian access for the trail will be limited to the conservation tract adjacent to Lake Apopka. No internal trails will be open to the public; • Rear setback change from 25’ to 20’ on all lots with 120’ in length; • Modify the lot sizes to include 45’s, 55’s and 65’s. Mayor Grogan confirmed that he heard correctly in that there would be one private entrance City Planner Rumer and one public entrance. explained the layout of the entrances. The public hearing was opened Greg Murphy , Coach at Ocoee High School, inquired if there was going to be a public trail City Planner since the track team is currently using that area for their cross country training. Rumer advised there is a tract in the PUD that will have a rear public trail and lakefront park. Lengthy discussion ensued regarding the location and length of the public trail as well as the additional land that is currently owned by OCPS, which could be considered for use by the Ocoee High School track team. Daniel O’Keefe , Attorney with Shutts and Bowen, indicated they are in agreement with staff; Mayor Grogan and further, offered to answer any questions. said that initially it was slated to be Mr. O’Keefe a public subdivision, but now they are proposing to be a gated subdivision. advised that was correct. The public hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Ordinance No. 2015-013Ocoee Crown Point PUD (Planned Unit Development) Substantial Amendment to PUD Rezoning Ordinance/Land Use Plan and Preliminary Subdivision Plan subject to finalization and resolution of any outstanding staff comments. Motion carried 4-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2015-013 (Substantial Amendment to PUD Ordinance for Ocoee Crown Point) CASE NO. RZ-15-05-03: Ocoee Crown Point AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR OCOEE CROWN POINT ON CERTAIN REAL PROPERTY LOCATED NORTHWEST OF EAST CROWN POINT ROAD AND STATE ROAD 429; AMENDING THE OCOEE CROWN POINT PUD LAND USE PLAN TO CHANGE THE LAND USE OF TRACT 3 FROM PARK TO RESIDENTIAL; TO INCREASE THE NUMBER OF SINGLE FAMILY UNITS FROM 264 TO 333, TO ALLOW ALL INTERIOR ROADWAYS TO BE PRIVATE AND GATED, TO LIMIT ACCESS TO THE ELEMENTARY SCHOOL TO THE SCHOOL TRACT, TO LIMIT PUBLIC PEDESTRIAN ACCESS TO THE EXTERIOR CONSERVATION TRACT, TO REDUCE REAR SETBACKS, AND TO MODIFY LOT SIZES; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 7 | Page Regular City Commission September 15, 2015 Second Reading of Ordinance - Amending City Code Section 7-9 to Provide for 11. Negotiated Settlement of Code Enforcement Fines and Liens through an Administrative Process. (Support Services (Advertised in the Orlando Sentinel on Sunday, September 6, 2015) Director Butler) The City Commission seeks to amend Section 7-9 of the City Code in order to allow for an administrative negotiated settlement process to reduce code enforcement fines and issue a Satisfaction of Lien for properties successfully completing the negotiated settlement process. After October 1 of each year, staff may mail notices to qualifying property owners advising them of the administrative fine reduction program. At other times, property owners may elect to use the administrative process in order to resolve outstanding code enforcement fines and liens. Any property owner seeking a reduction in fines and a release of lien through the administrative process must file an application using a form provided by the City. All such applications will be reviewed by code enforcement staff and presented to the City Manager for review and acceptance into the fine reduction program. As drafted, the proposed changes to the City Code allow the City Manager to make modifications to the basic process or to waive one or more requirements for unusual circumstances and property conditions. City Attorney Cookson read the title of the Ordinance. Assistant Director of Support Services Gaines gave a brief overview of the fine reduction program,which will allow for an administrative negotiated settlement process to reduce code enforcement fines and issue a Satisfaction of Lien for properties successfully completing the negotiated settlement process.All such applications will be reviewed by code enforcement staff and presented to the City Manager for review and acceptance into the fine reduction program. This program will work in combination with the Code Enforcement Lien Release/Amnesty st Program which begins October 1 and will run for 3 months. Further explanation was given on the fine payment process options and lien reduction process. Commissioner Keller said he is glad they are finally getting to this point and hopes they will see Mayor Grogan more properties brought into compliance. inquired if they could come back after the three-month period with a result of whether the amnesty program is costing the City money Assistant Director of Support Services Gaines or if it is working itself out. advised they do have a spreadsheet with addresses and letters, which are ready to be sent out at the end of the City Attorney Cookson month. This process will track what they receive. advised this program moves away from the amnesty period to bring it into the Fine Reduction Program going forward. Brief discussion ensued regarding the program. The public hearing was opened. Martha Lopez-Anderson , 2438 Alclobe Circle, inquired what the incentive is for a property owner or agent to comply early when they can wait and get their lien reduced by the Commissioner Keller Commission. explained that the benefit is that they have a large number of properties already in violation that need to be cleaned up and one of the ways to do this is to rs. Lopez-Anderson implement an amnesty program. M said she appreciates the program, but has witnessed the Commission during many meetings reduce the violations. While she understands the interest is to get the property sold, the City also needs to bring revenue back into the City. Further discussion ensued. The public hearing was closed. 8 | Page Regular City Commission September 15, 2015 Commissioner Keller, seconded by Commissioner Wilsen, moved to approve Ordinance No. 2015-022 Amending City Code Section 7-9 to Provide for Negotiated Settlement of Code Enforcement Fines and Liens through an Administrative Process. Motion carried 4-0. The ordinance as adopted on second reading carries the following title: ORDINANCE NO. 2015-022 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 7-9 OF THE CITY OF OCOEE CODE, RELATING TO ESTABLISHING AN OPTIONAL PROCESS FOR RESOLVING CODE ENFORCEMENT FINES AND LIENS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (5 min. Recess) I.PUBLIC HEARINGS Crown Pointe Cove – Preliminary/Final Subdivision Plan. 12. (Advertised in the West Orange (Principal Planner Fabre) Times on Thursday, September 3, 2015) The Crown Pointe Cove Preliminary/Final Subdivision Plan is a residential subdivision that proposes a total of 44 single-family residential lots with a resulting density of four (4) units per acre. The minimum lot size proposed is 50’ x 110’ (5,500 sq. ft.) The PSP/FSP has a minimum living area set at 1,500 square feet. The subdivision will be gated with private streets. The homes are to be built by Pulte Homes. The Preliminary/Final Subdivision Plan is consistent with the approved Westyn Bay Commercial PUD. Orange County Public Schools (OCPS) will require a Concurrency Mitigation Agreement (CMA) for the subject development before “Plat” approval. Principal Planner Fabre gave a brief summary of the Crown Pointe Cove Preliminary/Final Subdivision Plan. The Crown Pointe Cove Preliminary/Final Subdivision Plan is a residential subdivision that proposes a total of 44 single-family residential lots and is consistent with the approved Westyn Bay Commercial PUD. The subdivision will be gated with private streets. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Keller inquired if the approval would be affected in any way because of the City Planner Rumer Concurrency Mitigation Agreement. advised that at platting they would have to make the first of three of the mitigation payments. Commissioner Keller, seconded by Commissioner Johnson, moved to approve theCrown Pointe Cove – Preliminary/Final Subdivision Plan. Motion carried 4-0. 9 | Page Regular City Commission September 15, 2015 Westyn Bay Commercial - Preliminary/Final Subdivision Plan. 13. (Advertised in the West (Principal Planner Fabre) Orange Times on Thursday, September 3, 2015) The Westyn Bay Commercial Preliminary/Final Subdivision Plan is a four (4) lot commercial subdivision, which is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road and is approximately 6.6 acres in size and consists of vacant and undeveloped land. The permitted uses are promulgated through the approved PUD (All C-2 uses including Convenience with Gas Sales/Gas Station). There is one (1) waiver from the Land Development Code that is currently requested. The Applicant has requested for Lot 3 to be less than one (1) acre, but no smaller than .80 of an acre. The Applicant has requested this waiver in order to provide a variation of lot sizes to accommodate end-users with a smaller typical footprint. The Preliminary/Final Subdivision Plan is consistent with the approved Westyn Bay Commercial PUD. Principal Planner Fabre gave a brief summary of the Westyn Bay Commercial Preliminary/Final Subdivision Plan. There is one (1) waiver from the Land Development Code that is currently requested. The Applicant has requested for Lot 3 to be less than one (1) acre, but no smaller than .80 of an acre. The Applicant has requested this waiver in order to provide a variation of lot sizes to accommodate end users with a smaller typical footprint. The public hearing was opened. As no one wished to speak the public hearing was closed. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Westyn Bay Commercial - Preliminary/Final Subdivision Plan; and further, approved one (1) waiver from the Land Development Code, Lot 3 to be less than one (1) acre, but no smaller than .80 of an acre. Motion carried 4-0. Iglesia Cristiana Sendero De Luz Church - Special Exception for a School Use, 325 14. Ocoee Apopka Road. (City (Advertised in the West Orange Times on Thursday, September 3, 2015) Planner Rumer) 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. City Planner Rumer gave a brief summary of Iglesia Cristiana Sendero De Luz Church - Special Exception for a School Use. He explained the original Special Exception in 2002; that Special Exception had three building pads, internal parking, and master stormwater pond. In 2014, there was a revision granted for that site to provide for portable buildings on site to be used as Sunday school classrooms. There are requirements to conduct a sewer, and there is an end date the portables must be removed. The new Special Exception before the Commission today is a modification to incorporate the use of a school within the existing buildings and portables on 10 | Page Regular City Commission September 15, 2015 site. In order to facilitate the school (up to 75 students), they will use the portables and the area Mr. Rumer around the portables as play areas. explained the types of surrounding properties. Mayor GroganCity Planner Rumer asked about the end date for the portables. read the Special Exception for Phase II that stated that the portables would be removed in 7 years from date of approval; three modular buildings will be permanently removed, and the construction of the classroom building will be done as well as sewer connections, which may be required by the Health Department. The public hearing was opened. Kenneth Leeming said he is a consultant for the project. They have read the staff report, and they are in agreement with the terms. The public hearing was closed. Commissioner Keller said that after looking at the student population (15 elementary, 40 middle school, 20 high school), he inquired why the numbers were so small for elementary and high school students. He was concerned they would be back asking for another Special Exception for Mr. Leeming larger Elementary or High School classrooms. The numbers don’t seem realistic. asked would it be acceptable if the cap of 75 students remained the same and the number in each Mayor Grogan grade remain flexible. confirmed that everyone was in agreement with that. Commissioner Wilsen said she has concerns; because when the portables went in, it was for church purposes, and now they want to use them for a school. She also has concerns with safety ommissioner Johnson issues if they allow students to walk, as well as extra vehicle trips. C Mr. Rumer inquired if this was for a year or permanent. said it would be permanent as far as Mr. Leeming school use permitted. noted that the traffic during church services on Saturday and Sunday far exceeds the school traffic, and the school will only be in session on weekdays when Commissioner the church traffic is not there. There was discussion about the sidewalks. Johnson shared that he does not have a problem with the capping at 75 students, but feels that astor the property will be maxed out at that amount and not big enough to expand in the future. P Orsini addressed concerns and said it was not uncommon for churches to have schools. The church put a 75 cap on the school at this time, but they are just beginning the program. It may take many years to get to that number. He would not consider having a school if he felt the Commissioner Wilsen facility was not safe for children. inquired if they were going to lease this Pastor Orsini out to another school. said that is a possibility; there is another school with approximately 20 students that has shown interest in leasing. He said it could facilitate the learning process for them and help with the financial aspect since they will need to add buildings ayor Grogan and sewer. M said he has concerns that now they are looking to lease to a school Commissioner Wilsen for income, and not actually run a church school. said she has too many concerns. She is contemplating continuing this item to give commissioners a chance to get more information on this and possibly visit the site. Commissioner Keller said he has no problem with that. 11 | Page Regular City Commission September 15, 2015 Commissioner Wilsen, seconded by Commissioner Keller, moved to continue the consideration of the Iglesia Cristiana Sendero De Luz Church - Special Exception for a School Use until October 6,2015. Motion carried 3-1 with Commissioner Johnson opposing. Mayor Grogan advised the Pastor that he would like to visit the site and get a tour of the facility before the next meeting. J.REGULAR AGENDA Community Grant Program – July 2015 Cycle. (Community Relations Manager 15. Wright) The Community Grant Review Board (CGRB) met on August 13, 2015, to discuss the 12 applications received for the Community Grant Program (formerly the Community Merit Awards Program). The Community Grant Program provides financial grants of up to $500 to non-profit organizations and civic groups located within the city limits or outside the city limits and benefit residents of Ocoee. The grant cycle is open twice yearly (January and July) to acknowledge excellence and further the contributions these local organizations bring to the Ocoee community. There is $6,000 allotted for this cycle of the Community Grant Program. The Community Grant Review Board recommended funding nine (9) organizations in the total amount of $4,500. The CGRB recommended the following organizations not receive grant funding: Standing Ovation Talent Group and Independence Elementary School Chorus. One organization that submitted an application, Pentecostal Missionary Church of Christ, was disqualified, because they did not attend the mandatory Community Grant Review Board meeting held on August 13, 2015. Community Relation Manager Wright briefly explained the Community Grant Review Board received 12 applications for grant funding. At this time the Board recommends funding nine (9) organizations, as submitted, in the total amount of $4,500. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve funding nine (9) organizations for the Community Grant awards, as recommended by the CGRB, in the total amount of $4,500. Motion carried 4-0. DISCUSSION CONTINUED ON CANDIDATE FORUM/DEBATE FROM PUBLIC COMMENTS Mayor Grogan said he would like to discuss the possibility of a debate hosted by the West Mr. Eng Orange Times. said he would be in favor of partnering with the Ocoee Woman’s Club. The point was made that it is not up to the commission to decide who sponsors the candidate forum; the groups wishing to host any forum should appeal to the commission for the use of the Commissioner Wilsen commission chambers and equipment. said she would like to reach out to the Ocoee Woman’s Club to find out if they want to partner with the West Orange Times. Commissioner Keller, seconded by Commissioner Johnson, moved to allow the West Orange Times Observer to use the commission chambers to hold a political debate for the October 2015 Mayoral Election. Motion passed 4-0. K.STAFF ACTION ITEMS - none 12 | Page Regular City Commission September 15, 2015 L.COMMENTS FROM COMMISSIONERS st Commissioner Keller – announced the Final Budget Hearing is next Monday, September 21 starting at 6 p.m. th Commissioner Johnson – announced on September 25 they will be hosting recognition for the old Ocoee High School of 1964-65 when they won the game against Winter Garden. They will be presenting a ball to the representatives of that 1964-65 team. Commissioner Wilsen – 1) announced there is a new business that opened up, Urban th Barbershop, behind the Hardee’s on SR 50 2) announced that on September 17 there will be a 2015 State of West Orange Real Estate meeting hosted by the Orange County Property Appraiser. It will be held in the West Orange High School Theater Department from 6:00 – 8:00 p.m. Mayor Grogan – 1) announced Food Truck Friday and Movie in the Park is this Friday, th September 18 2) announced that Ocoee High School recently changed its name from Ocoee High School Knights to Ocoee High School Cardinals, back to the original name of the high school. ADJOURNMENT M9:09.. EETING ADJOURNED AT PM APPROVED: Attest: City of Ocoee ____________________________ _____________________________ Beth Eikenberry, City Clerk John Grogan, Mayor 13 | Page