10-06-15 MINUTES
October 6,2015 at 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER ♦7 :15 PM
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 ♦7 : 16 PM
Proclamations—October 2015 (Mayor Grogan)
➢ International Walk to School Day — October 7, 2015, Accepted by Sergeant Brian
Satterlee, read by Commissioner Keller
➢ Brakes on Fatalities Day—October 10,2015, Accepted by Sergeant Brian Satterlee,read
by Commissioner Wilsen
➢ Week of the Family — November 7 through November 14, 2015, Accepted by Victoria
Laney,read by Mayor Grogan
Ms. Laney explained what Week of the Family was about; and advised the two films playing
November 8 & 9 at the West Oaks Theater that she will be giving out free tickets. The tickets
will be available via the City Clerk's Office. Elizabeth Rahter spoke regarding strengthening
family and community.
➢ Presentation—FEMA Research Regarding 100 Year Floodplain with Development (City
Planner Rumer)
City Planner Rumer gave a PowerPoint presentation after conducting a survey of other cities as
directed by the commission on September 2, 2015. Our Comprehensive Plan currently does not
allow development in the Floodplain or Wetland areas. Discussion ensued regarding
development in a Floodplain. He discussed that all other cities surveyed, except Windermere
and Ocoee, allow development in the 100-year Floodplain. Cities allowing development in
Floodplain areas must provide compensation storage FEMA resurveys the Floodplain boundaries
every 10 years and changes generally occur. Ocoee is also more stringent that most other cities in
not allowing development in any wetlands and there has to be a buffer. He does not have the
history as to why those decisions were made in the past.
Mayor Grogan asked about the other municipalities are doing that allow development. It
appears that the compensation storage will take up a lot of property around it.
Commissioner Keller said one of the issues was the homeowners in a Floodplain had insurance
that was much higher. Several years ago FEMA came in and tried to fine us for Floodplain areas
in the city, although we had most of those areas removed. Mr. Rumer recommended with any
future Comp Plan amendments, he would look into changing the buffer from 25' hard buffer to
15' minimum—25' average, which is in line with what SJRWMD requires.
Regular City Commission
October 6,2015
C. COMMENTS FROM CITIZENS/PUBLIC ♦7 : 3 6 PM
Michelle Greco, 1896 Compass Flower Way, Prairie Lake Reserves HOA president. She said
their HOA has been doing the upkeep on the property that is now going to be a Charter School.
She presented two bills and said the HOA has paid $15,000 to someone with a bobcat to do
maintenance on City property. She said she had addressed the commission and employees with
regard to this before. Mayor Grogan said the City Attorney will research this item to see if it has
been brought before us. City Attorney Cookson will look into it. City Manager Frank said he has
not heard anything about this before; he advised he will look into where the ball was dropped.
Mr. Bowman, Colonial Drive, Winter Garden; wanted to thank the city for helping him to get
closure for a situation where his daughter was kidnapped, raped, and tortured for several years.
The police department, as well as others in the community, who have help him finally get some
justice for his family. Spoke about a situation where four members of his family suffered a home
invasion many years ago. He said additionally his wife was sexually assaulted at Health Central
Hospital and the perpetrator will go on trial next month. Mr. Bowman listed several state and
city elected officials who have helped him. He is trying to get laws changed. Mayor Grogan
thanked Lt, Bryant, and said he had a lot to do with Mr. Bowman getting closure.
D. STAFF REPORTS AND AGENDA REVIEW ♦7 : 4 6 PM
None
E. COMMISSIONERS ANNOUNCEMENTS •7 : 4 6 PM
Commissioner Wilsen — Reminded everyone that the Political Forum tomorrow night at
6:30pm,hosted by Women's Club
Commissioner Johnson- Reminded everyone that Founder's Day will be held on Nov. 13-14;
explained all of the events associated with Founder's Day.
Commissioner Keller-none
Mayor Grogan-none
F. CONSENT AGENDA •7 : 4 8 PM
Consent Agenda Items #1 — 10
Motion: Moved by Commissioner Keller, Commissioner Wilsen seconded. Motion passed
unanimously.
1. Approval of Minutes for the Regular Commission Meeting held September 15, 2015.
(City Clerk Eikenberry)
Approved on Consent. Motion carried 4-0.
2. Approval of New Appointments to the CACOPD and CACOFD Advisory 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).
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October 6,2015
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.
Approved on Consent. Motion carried 4-0.
3. Reappointment of Members of the 2015 Canvassing Board for the Ocoee Special
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.
Approved on Consent. Motion carried 4-0.
4. Approval of Termination of Temporary Drainage Easement for Ocoee Crown 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.
Approved on Consent. Motion carried 4-0.
5. Award of Bid #B15-08 Bluford Avenue Stormwater and Utility Improvements 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.
Approved on Consent. Motion carried 4-0.
6. Award of RFQ #1503 Continuing Contracts for Engineering Services. (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
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Regular City Commission
October 6,2015
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.
Approved on Consent. Motion carried 4-0.
7. Approval of State Highway Lighting, Maintenance and Compensation 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.
Approved on Consent. Motion carried 4-0.
8. Approval of Railroad Reimbursement Agreement for Municipal Grade Crossing
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.
Approved on Consent. Motion carried 4-0.
9. Approval of the Revised Railroad Reimbursement Agreement for Municipal 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.
Approved on Consent. Motion carried 4-0.
10. Approval of Winshire Boulevard (Windermere Groves Subdivision) Pavement 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.
Approved on Consent. Motion carried 4-0.
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October 6,2015
G. FIRST READING OF ORDINANCE •7 : 4 9 PM
11. First Reading of Ordinance - Crystal Investments Assisted Living Facility (ALF)
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 p.m. or soon thereafter.) (Principal Planner Fabre) +7 : 4 9 PM
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.
Item Presentation and Discussion:
City Attorney Cookson read the title of the ordinance for Crystal Investments ALF.
Mayor Grogan announced the second reading and Public Hearing will be held on October 20,
2015, at 7:15 pm, or soon thereafter.
12. First Reading of Ordinance - Ocoee Landings Rezoning to Planned Unit Development
(PUD), Land Use Plan (LUP) and Preliminary Subdivision Plan (PSP). (Second
Reading and Public Hearing scheduled for October 20, 2015, Regular Commission
Meeting at 7:15 p.m. or soon thereafter.) (Principal Planner Fabre) 4 7 : 5 0 PM
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.
City Attorney Cookson read the title of the rezoning ordinance for Ocoee Landings.
Mayor Grogan announced the second reading and Public Hearing will be held on Oct 20, 2015,
at 7:15 pm, or soon thereafter.
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October 6,2015
13. First Reading of Ordinance — Homes in Partnership, 348 13th Avenue Property
Annexation and Rezoning. (Second Reading and Public Hearing scheduled for October 20, 2015,
Regular Commission Meeting at 7:15 p.m. or soon thereafter.) (City Planner Rumer) ♦7 : 51 PM
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.
City Attorney Cookson read the title of the annexation ordinance.
Mayor Grogan announced the second reading and Public Hearing will be held on October 20,
2015 at 7:15 pm, or soon thereafter.
H. SECOND READING OF ORDINANCE—PUBLIC HEARINGS
14. Second Reading of Ordinance- Ansine & Dukes Property, 5907 Ingram Road. (Advertised
in West Orange Times on Thursday, September 24, 2015, and Thursday, October 1, 2015.) (Principal
Planner Fabre) 0 7 : 5 2 PM
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 +1- 4.98 acres parcel of land known as the "Ansine & Dukes" Property with an Initial Zoning
classification of"A-1."
City Attorney Cookson read the title of the Annexation ordinance.
City Attorney Cookson read the title of the Rezoning ordinance
Principal Planner Fabre gave a brief summary of the annexation and rezoning case on a single
family residential home.
Commissioner Wilsen asked if it was City or County water services, to which Mr. Fabre said he
believes they are still with the County.
Mayor Grogan opened the Public Hearing, no one wished to speak.
a. Annexation Ordinance +7 : 5 5 PM
Motion: Adoption of Annexation Ordinance No. 2015-014 for the property located
at 5907 Ingram Road: Moved by Commissioner Keller, Seconded by
Commissioner Wilsen. Approve per staff recommendation. Motion passed
unanimously.
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Regular City Commission
October 6,2015
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO.2015-014
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 4.98 ACRES LOCATED ON THE EAST SIDE OF INGRAM ROAD
APPROXIMATELY 750 FEET NORTH OF THE CLARCONA-OCOEE ROAD INTERSECTION;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR
AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION
TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT
ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE.
b. Rezoning Ordinance •7 : 5 6 PM
Motion: Adoption of Rezoning Ordinance No. 2015-015 for the property located at
5907 Ingram Road: Moved by Commissioner Keller, Seconded by Commissioner
Wilsen. Approve per staff recommendation. Motion passed unanimously.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO.2015-015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-1, "Agriculture" TO OCOEE A-1, "General
Agriculture," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.98 ACRES
LOCATED on the east side of Ingram Road approximately 750 feet north of the Clarcona-Ocoee Road
intersection; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES;PROVIDING FOR SEVERABILITY;PROVIDING
FOR AN EFFECTIVE DATE.
15. Second Reading of Ordinance - Homes in Partnership, N Lakewood Avenue. (Advertised
in West Orange Times on Thursday, September 24, 2015, and Thursday, October 1, 2015.) (City Planner
Rumer) •7 : 5 6 PM
The subject properties are located on the west side of N Lakewood Avenue and 13th Avenue. The three parcels are
contiguous, vacant and approximately+1- 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.
City Attorney Cookson read the title of the ordinance.
City Planner Rumer gave a summary of the case. This is an annexation to obtain water service
and build three homes and included a developer agreement.
Commissioner Wilsen asked about getting the enclaves into the city. Mr. Rumer said there are
three means of annexation: voluntary annexation, involuntary annexation, or agreement between
city and county resolution to annex developed properties under 10 acres. This property is over
10 acres so it will be annexed in piecemeal fashion.
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City Attorney Cookson asked Mr. Rumer about preliminary discussions of an agreement with
Orange County: Mr. Rumer said the process with the county does not give the homeowner a
choice with regard to annexation. Ocoee was going to be part of a pilot program for the
annexation processes; however it was decided not to go forward at this time.
City Manager Frank clarified that this cannot be done all at once, an enclave has to be annexed
10 acres at a time.
Mayor Grogan opened PH for both ordinances, no one wished to speak
a. Annexation Ordinance ♦7 : 5 6 PM
Motion: Adoption of Annexation Ordinance No. 2015-016 for the Homes In
Partnership property located on N. Lakewood Ave: Moved by Commissioner
Keller, Seconded by Commissioner Johnson. Approve per staff recommendation.
Motion passed unanimously.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO.2015-016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.52 ACRES LOCATED ON THE WEST SIDE N LAKEWOOD AVENUE AND
ON THE SOUTH SIDE OF 13TH AVE; PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNER, FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING
AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL
CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
b. Rezoning Ordinance •8 : 0 4 PM
Motion: Adoption of Rezoning Ordinance No. 2015-017 for the Homes In
Partnership property located on N. Lakewood Ave: Moved by Commissioner
Keller, Seconded by Commissioner Johnson. Approve per staff recommendation.
Motion passed unanimously.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO.2015-017
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R-2, "Low Density Residential" TO OCOEE R-1,
"SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.52 ACRES LOCATED ON THE WEST SIDE N LAKEWOOD AVENUE AND
ON THE SOUTH SIDE OF 13TH AVE; PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNER,FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
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c. Annexation Agreement (not a public hearing) •8 : 0 4 PM
Motion: Adoption of Annexation Agreement for Homes In Partnership property
located on N. Lakewood Ave: Moved by Commissioner Wilsen, Seconded by
Commissioner Keller. Approve per staff recommendation. Motion passed
unanimously.
16. Second Reading of Ordinance - Homes in Partnership, 535 Woodson Avenue. (Advertised
in West Orange Times on Thursday, September 24, 2015, and Thursday, October 1, 2015.) (City Planner
Rumer) •>' : 1'1
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+1- 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.
City Attorney Cookson read the title of the ordinance for annexation
City Attorney Cookson read the title of the ordinance for rezoning
City Planner Rumer gave a summary. He advised this is for water service only.
Mayor Grogan opened the Public Hearing, no one wished to speak.
a. Annexation Ordinance •8 : 0 7 PM
Motion: Adoption of Annexation Ordinance No. 2015-018 for the Homes In
Partnership property located on 535 Woodson Ave: Moved by Commissioner
Wilsen, Seconded by Commissioner Keller. Approve per staff recommendation.
Motion passed unanimously.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO.2015-018
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE
LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.19 ACRES LOCATED ON THE EAST SIDE OF WOODSON AVE,
APPROXIMATELY 180 FEET SOUTH OF THE INTERSECTION OF WOODSON avenue AND
CENTER STREET; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER, FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY
MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY;
REPEALING INCONSISTENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE.
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b. Rezoning Ordinance ♦ 8:07 PM
Motion: Adoption of Rezoning Ordinance No. 2015 -019 for the Homes In
Partnership property located on 535 Woodson Ave: Moved by Commissioner
Wilsen. Seconded by Commissioner Keller. Approve per staff recommendation.
Motion passed unanimously.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2015-019
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY R -1, "Low Density Residential" TO OCOEE R -1,
"SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.19 ACRES LOCATED ON THE EAST SIDE OF WOODSON AVE,
APPROXIMATELY 180 FEET SOUTH OF THE INTERSECTION OF WOODSON avenue AND
CENTER Street; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
c. Annexation Agreement (not a public hearing) ♦ 8:08 PM
Motion: Adoption of Annexation Agreement for the Homes In Partnership
property located on 535 Woodson Ave: Moved by Commissioner Wilsen,
Seconded by Commissioner Keller. Approve per staff recommendation. Motion
passed unanimously.
PUBLIC HEARINGS
17. Ocoee Pines Planned Unit Development Preliminary/Final Subdivision Plan (Advertised in
the West Orange Times on Thursday, September 24, 2015.) (Principal Planner Fabre) ♦ 8:08 PM
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.
Principal Planner Fabre gave summary of the Ocoee Pines Planned Unit Development
Commissioner Keller asked if it was a gated community, to which Mr. Fabre said that it was
not; it is all public roads. Mayor Grogan commented that he is glad it is all single family
homes.
There were no further comments from the Commission.
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Regular City Commission
October 6, 2015
Mayor Grogan opened the Public Hearing.
RP Monacky, 1820 Prairie Lake Blvd, confirmed that the lot will be as low as 50 feet wide.
Mr. Fabre said some of the lots will be 50 feet wide, the depth is 120 feet.
Mayor Grogan closed the Public Hearing.
Motion: Approval of Ocoee Pines Planned Unit Development Preliminary /Final
Subdivision Plan. Moved by Commissioner Keller, Seconded by Commissioner
Johnson. Approve per staff recommendation. Motion passed unanimously.
18. 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. This item
was continued from the September 15, 2015 meeting.) (City Planner Rumer) • 8 :12 PM
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 said this is a continuation of a previous public hearing. He discussed the
history of the special exceptions that had been granted/amended. The original special exception
had the sanctuary and future classroom building in the plan. Several years later, they amended
the special exception to place three portables on the property as a part of the site plan. There
were conditions of approval with the special exception which included connecting to sewer at a
point and facilitating a site plan. There is a provision that within seven years they have to
commence construction on a site plan, remove three portables; when the classroom receives its
Certificate of Occupancy, remove the additional three (last three) portables. The application
before you now is to amend special exception for church use to include a school use of up to 75
students. That school would be using the 6 portables presently sitting on the property.
Mayor Grogan said he believes all of the commission has been to the site and talked to
everyone. He asked City Planner Rumer to review the contract verbiage. Mr. Rumer said the
Special Exception modification granted in 2014 had Conditions of Approval that required that
within 7 years from the date of approval; the three modular buildings would be permanently
removed from the property and construction of a permanent classroom will begin. Mayor
Grogan asked if there was a time frame to build the building. Do all six portables have the same
time frame? Mr. Rumer said seven years three come down; when the classroom received
Certificate of Occupancy, then the additional three come down.
Commissioner Wilsen asked what happens if the three portables come down and they never
commence building anything. Mr. Rumer said they would be in violation of their Special
Exception and Code Enforcement Action could be taken.
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Regular City Commission
October 6,2015
City Attorney Cookson said there is no timeframe however if they wish to approve it, that
would be appropriate to include a timeline (completion date) as a condition of this approval.
Discussion regarding the necessary language ensued.
City Attorney Cookson suggested language revision in the condition to state three portables are
removed at the earlier of 1)the time they commence construction of the permanent building or 2)
seven years from date of approval; and that building needs to be constructed within one year (or
appropriate construction time period) and the remaining three portables need to be removed the
earlier of 1) completion of the building or 2) one year after.
Commissioner Keller discussed time frame; he felt a year was a little tight.
Commissioner Johnson said they will come back to the commission for an extension if they are
in the process and need more time.
COMMENTS
Pastor Orsini said he understands the first three have to be removed after 7 years; their ultimate
goal is to have that permanent building there. He originally thought the seven years would start
when the Certificate of Occupancy was issued. Discussion followed. Mayor Grogan stated that
he wants to make sure all of the facts are on the table because it is a huge investment for the
church and we do not want them to start something that would be unable to finish.
Mayor Grogan asked about a fire hydrant very close to where the new one is required to be
installed. Kenneth Leeming, consultant for the Church, said the Ocoee Fire Department
required it because the distance exceeded allowable distance. He also said he felt it would be
more realistic to go to 18 months instead of 12 months for the construction of the building
Mayor Grogan opened the Public Hearing.
City Attorney Cookson suggested language for condition on the motion: to approve subject to
adding a condition dealing with the construction of the building and the removal of the final
three portables at the earlier of completion of the construction of the building or 18 months after
the Certificate of Occupancy.
Commissioner Keller reminded that there may need to be an additional language correction to
state it would be 75 overall students, regardless of the breakdown of the school grades. Planner
Rumer said the breakdown was on the plan. So we would need to make that correction so that it
does not become a condition.
Motion: Approve per staff recommendation with modification to the conditions of
approval to state there can be 75 students overall; and the removal of the final
three portables will occur at the earlier of completion of the construction of the
building or 18 months after the Certificate of Occupancy. Moved by
Commissioner Johnson, Seconded by Commissioner Keller. Motion passed
unanimously.
J. REGULAR AGENDA
19. Potential Code Enforcement Special Magistrate. (Assistant Director of Support Services
Gaines) •8 : 3 3 PM
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.
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Regular City Commission
October 6,2015
Assistant Support Services Director Doug Gaines presented the item. He gave a PowerPoint
presentation showing other cities and counties that use a special magistrate.
Mayor Grogan said staff brought this to his attention. Commissioner Wilsen said she will not
vote for a special magistrate, she believes city volunteers are important and they should continue
serving on this board. Commissioner Keller said he is also in favor of keeping the board;
however, we need to work more with them for consistency.
City Attorney Cookson, one solution could be that staff can keep track of the amount of the
fines, when they reach a certain number that would trigger that the lien needs to be brought to the
Commission for further consideration. That would stop it from continuing for years until the
property is being sold. Mr. Gaines added that the lien relief program is just getting underway
and that may help with some outstanding liens.
Mayor Grogan said he feels it would run more efficiently if we had a magistrate, and there
would be no chance of bias. Commissioner Wilsen asked if anyone felt a magistrate was going
to make any difference in getting property owners to cooperate. Commissioner Keller agreed
that there should be a threshold level at which the Commission would decide what to do with the
property. Mayor Grogan said this item was brought up for discussion to determine what to do
to make it better. Commissioner Johnson said the only thing we can do is get to them earlier
before the house goes for sale. Mr. Gaines said every resident who has a lien will be getting a
letter regarding the lien relief program. Mayor Grogan spoke regarding time frame to correct a
problem. He said there are instances where multiple calls are coming in for the same problem at
the same residence. Mr. Gaines said, as a repeat violation, they would get a higher fine, but
agreed that doesn't help if they are not concerned about complying. Commissioner Keller
discussed a problem in his HOA. Commissioner Keller said he is trying to get laws changed so
they will have more teeth and more effective enforcement.
City Attorney Cookson said cities across the state are having these problems; unless legislature
gives them more leeway, we just have to do the best we can. Hopefully, the amnesty program
will alleviate some of them.
20. Ashton Park Ocoee of Ocoee Assumption of Maintenance and Deed. (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.
City Attorney Cookson said this is the Ocoee Commons PUD, including Ashton Park
residential subdivision. In 2005 this subdivision was platted and four tracts were designated to be
conveyed to the city with the HOA maintaining those tracks. We recently found that two of
those tracts were never conveyed to the city. The city wants to assume the maintenance; the
tracts are adjacent to the right of way. We have an agreement with the HOA to convey the two
tracts that were supposed to have been conveyed previously a maintenance agreement between
the HOA and the city for the city to maintain those four tracts. City Attorney Cookson said the
documents have been prepared for signature on approval.
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Regular City Commission
October 6,2015
Motion: Assumption of Maintenance and Deed, Ocoee Commons PUD, including
Ashton Park. Moved by Commissioner Wilsen, Seconded by Commissioner
Keller. Approve per City Attorney recommendation. Motion passed unanimously.
K. STAFF ACTION ITEMS
*None
L. COMMENTS FROM COMMISSIONERS e 8 : 5 8 PM
Commissioner Keller- none
Commissioner Johnson- 1) asked Doug Gaines about the vacant lot at the corner of Samantha
Street and Ocoee Hills Road where the house was torn down and code violations exist; can we
ask the bank if we can buy it. Mr. Gaines said that would be up to the Commission. The City
has been maintaining it. City Manager Frank said he will reach out to the bank and get more
information on what can be done. 2) asked about getting a light at Tiger Minor Park, City
Manager Frank responded that we will move forward with adding one light out there, 3) said
Wurst Road and Willow Creek Drive, no light at all, pitch black at night. He added that may be a
good place for a speed bump as well. City Manager Frank said if we get a consensus, we can
take money out of contingency and get that done; he estimated it would take a couple thousand
dollars. Public Works Director Krug will look into it.
Commissioner Wilsen— 1) reminded everyone of the political forum tomorrow night at 6:30pm,
invited residents to attend and ask questions of the candidates or watch live on TV.
Mayor Grogan- thanked city staff for the hard work they are doing.
ADJOURNMENT e 9: 0 3 PM
APPROVED:
Attest: City of Ocoee
Be •
- fo I
' 'ikenberry, City Clerk ' , Grogan, Ma
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