09-15-15 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
City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to
the Flag, led by Commissioner Johnson. City Clerk Eikenberry 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
this in the past. William Maxwell, 558 Woodson Ave., inquired if Mr. Eng had a proposed
venue and format. Mr. Eng said they are in the beginning stages of putting this together and they
are open to ideas. They have spoken to several people about serving as a moderator. Mr.
Maxwell inquired about the projected timeline for the debate. Mr. Ying said that they are hoping
sometime in the next 2-3 weeks. Commissioner Keller 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
made mention that he would be out of town on the date they proposed. Commissioner Johnson
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
they can have done for future elections as well. Brief discussion ensued. Mayor Grogan shared
that he has not made a decision on this and feels this can be discussed further at the end of the
meeting. City Attorney Cookson 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
would need to vote on. Mr. Eng said it would be ideal for the political forum to be held in City
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September 15,2015
Hall as done historically. Mayor Grogan advised this will be discussed further at the end of the
meeting.
D. STAFF REPORTS AND AGENDA REVIEW J
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 525,000 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.
Therefore, on September 29th 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.
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E. COMMISSIONERS ANNOUNCEMENTS
Commissioner Keller—None
Commissioner Johnson—None
Commissioner Wilsen — announced that on October 17th 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
LF. 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.
1. Approval of Minutes for the Regular Commission Meeting held September 1, 2015.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 4-0.
2. Approval of West 50 Commercial Subdivision Replat Number One (Lots 2 & 3). (City
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.
3. Approval of an Agent Authorization Form to Allow Mattamy Orlando, LLC Execute a
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.
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4. Approval of the Federal Fiscal Year 2015 Edward Byrne Memorial Justice Assistance
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.
5. Approval of Change Order No. 1 with Barracuda Building Corp. for the Nay Street and
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.
6. Approval of Inter-local Agreement with Orange County (Utilities) to Provide Utilities
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.
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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
7. First Reading of Ordinance - Ansine & Dukes Property, 5907 Ingram Road. (Second
Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (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 is 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 read the title of the Ordinances. Mayor Grogan 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.
8. First Reading of Ordinance - Homes in Partnership, N Lakewood Avenue. (Second
Reading and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (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
City Attorney Cookson read the title of the Ordinances. Mayor Grogan 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.
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9. First Reading of Ordinance - Homes in Partnership, 535 Woodson Avenue. (Second
Reacting and Public Hearing scheduled for October 6, 2015, Regular Commission Meeting at 7:15 p.m. or soon
thereafter). (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
City Attorney Cookson read the title of the Ordinances. Mayor Grogan 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
10. Second Reading of Ordinance — Ocoee Crown Point PUD (Planned Unit Development)
Substantial Amendment to PUD Rezoning Ordinance/Land Use Plan and Preliminary
Subdivision Plan. (Advertised in the West Orange Times on Thursday, September 3, 2015) (City
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;
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• 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
and one public entrance. City Planner Rumer 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
since the track team is currently using that area for their cross country training. City Planner
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;
and further, offered to answer any questions. Mayor Grogan said that initially it was slated to be
a public subdivision,but now they are proposing to be a gated subdivision. Mr. O'Keefe advised
that was correct.
The public hearing was closed.
Commissioner Keller, seconded by Commissioner Wilsen, moved to approve
Ordinance No. 2015-013 Ocoee 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.
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11. Second Reading of Ordinance - Amending City Code Section 7-9 to Provide for
Negotiated Settlement of Code Enforcement Fines and Liens through an Administrative
Process. (Advertised in the Orlando Sentinel on Sunday, September 6, 2015) (Support Services
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
Program which begins October 1St 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
more properties brought into compliance. Mayor Grogan inquired if they could come back after
the three-month period with a result of whether the amnesty program is costing the City money
or if it is working itself out. Assistant Director of Support Services Gaines advised they do
have a spreadsheet with addresses and letters, which are ready to be sent out at the end of the
month. This process will track what they receive. City Attorney Cookson 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
Commission. Commissioner Keller 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
implement an amnesty program. Mrs. Lopez-Anderson 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.
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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
12. Crown Pointe Cove — Preliminary/Final Subdivision Plan. (Advertised in the West Orange
Times on Thursday, September 3, 2015) (Principal Planner Fabre)
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
Concurrency Mitigation Agreement. City Planner Rumer 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
the Crown Pointe Cove — Preliminary/Final Subdivision Plan. Motion carried 4-0.
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13. Westyn Bay Commercial - Preliminary/Final Subdivision Plan. (Advertised in the West
Orange Tunes on Thursday, September 3, 2015) (Principal Planner Fabre)
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.
14. Iglesia Cristiana Sendero De Luz Church - Special Exception for a School Use, 325
Ocoee Apopka Road. (Advertised in the West Orange Times on Thursday, September 3, 2015) (City
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
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site. In order to facilitate the school (up to 75 students), they will use the portables and the area
around the portables as play areas. Mr. Rumer explained the types of surrounding properties.
Mayor Grogan asked about the end date for the portables. City Planner Rumer 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
larger Elementary or High School classrooms. The numbers don't seem realistic. Mr. Leeming
asked would it be acceptable if the cap of 75 students remained the same and the number in each
grade remain flexible. Mayor Grogan 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
issues if they allow students to walk, as well as extra vehicle trips. Commissioner Johnson
inquired if this was for a year or permanent. Mr. Rumer said it would be permanent as far as
school use permitted. Mr. Leeming 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
the church traffic is not there. There was discussion about the sidewalks. Commissioner
Johnson shared that he does not have a problem with the capping at 75 students, but feels that
the property will be maxed out at that amount and not big enough to expand in the future. Pastor
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
facility was not safe for children. Commissioner Wilsen inquired if they were going to lease this
out to another school. Pastor Orsini 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
and sewer. Mayor Grogan said he has concerns that now they are looking to lease to a school
for income, and not actually run a church school. Commissioner Wilsen 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
15. Community Grant Program Jul 20 C , C• I nun Relations Mana l er
Wright) ft's ,,.
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
Orange Times. Mr. Eng 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
commission chambers and equipment. Commissioner Wilsen 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
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Regular City Commission
September 15,2015
L. COMMENTS FROM COMMISSIONERS
Commissioner Keller — announced the Final Budget Hearing is next Monday, September 21st
starting at 6 p.m.
Commissioner Johnson—announced on September 25th 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
Barbershop, behind the Hardee's on SR 50 2) announced that on September 17th 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,
September 18th 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
MEETING ADJOURNED AT 9:09 P.M.
APPROVED:
Attest: City of Ocoee
WAIF i I --
Beth Eikenberry, City Cler4 J i n Grogan,Mayors
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