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03-20-18 MinutesMINUTES MARCH 20, 2018, at 6:15 P.M. REGULAR CITY COMMISSION MEETING CALL TO ORDER - 6:14 PM Mayor Johnson called the regular session to order at 6:14 p.m. in the Commission Chambers of City Hall. The invocation was led by Commissioner Keller followed by the Pledge of Allegiance to the Flag led by Commissioner Firstner. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Grogan, Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller PRESENTATIONS AND PROCLAMATIONS - None COMMENTS FROM CITIZENS/PUBLIC - None STAFF REPORTS AND AGENDA REVIEW — 6:16 PM City Manager Frank announced before them is the following: Emergency Item #1 - Extension of Date for Payment for Colony Plaza Demolition Lien and other Liens. (City Attorney Cookson) City Attorney Cookson briefly explained that on January 16, 2018, the City Commission approved a Settlement Agreement with the owner of Colony Plaza and the owner's development partner whereby the City would release all liens, including the City's demolition lien, on the Property in return for a payment to the City of $1,105,406.21, representing the reimbursement to the City of the City's costs relating to the demolition (the "Release Amount"). Payment of the Release Amount was due to the City within sixty (60) days of the date of approval of the Settlement Agreement (March 19, 2018). In preparing to pay the Release Amount to the City, the owner encountered a remaining title issue that the owner wanted to resolve prior to payment. The owner contacted City officials and City staff agreed to extending the payment date for the Release Amount until April 4, 2018. The owner has agreed to this extension. Motion: Move to approve Emergency Item #1, extending the payment date for the release amount to April 4, 2018, for the Colony Plaza Demolition Lien and other Liens. Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Commissioner Grogan inquired what may happen if one of the titles still have not cleared in two weeks. City Attorney Cookson indicated this has been discussed to which they are very confident it will be resolved within two weeks; however, if it is not resolved within the two weeks, they can extend it further. He informed the Board if they do not make this payment, the Settlement Agreement will terminate. Mayor Johnson indicated he is not willing to grant them another extension in two weeks. After discussion, Motion carried unanimously. Regular City Commission March 20, 2018 I COMMISSIONERS ANNOUNCEMENTS I Commissioner Keller — None Commissioner Firstner — None Commissioner Wilsen — None Commissioner Grogan — None Mayor Johnson — None I CONSENT AGENDA - None I 1. First Reading of Ordinance for Comprehensive Plan Amendments for the 10-Yea1r Water Supply Facilities Work Plan Update. (Advertised in the West Orange Times on Thursday, March 8,2018.) (City Planner Rumer) In 2005 the Florida Legislature significantly changed Chapters 163 and 369 of the Florida Statutes (F.S.) by strengthening the relationship between District Water Supply Plans (DWSP) prepared by the Water Management Districts and the Comprehensive Plans prepared and maintained by local governments. According to The Wekiva Parkway and Protection Act, Chapter 369, Part 111, FS, each local government is required to amend its comprehensive plan to include an up-to-date 10-Year Water Supply Facility Work Plan to include an evaluation of the present and projected growth and water demand for a 10-year planning period. The City of Ocoee is located in west Orange County and is predominately located within the jurisdiction of the St. Johns River Water Management District (SJRWMD) with a southern portion of south Maguire located within the South Florida Water Management District. The City's updated 10-Year Water Supply Facility Work Plan and amendments to the Comprehensive Plan will be reviewed and approved by the Florida Department of Economic Opportunity (DEO) and St. Johns Water Management District. The 10-Year Water Supply Facility Work Plan and proposed amendments to the Comprehensive Plan will be transmitted to the Department of Economic Opportunity for review and approval. After addressing any comments that may be received from the Department of Economic Opportunity or SJRWMD, the amendments will be presented to the City Commission for final adoption. City Planner Rumer advised this is a first reading of the proposed I 0-Year Water Supply Facility Work Plan for approval to transmit to the Florida Department of Economic Opportunity (DEO). He announced there is a sign -in sheet for anyone who wishes to speak on this item. He presented a PowerPoint presentation outlining the 10-year water supply for the city, which was previously approved in 2010. He expressed this is an update to the plan, which does not contain any new policies, but simply updating and cleaning up the amendments. He indicated currently this proposed draft does not indicate any new water sources, water and/or wastewater treatment plants. He further stated Policy 3.1 is proposed to be deleted in its entirety from the comprehensive plan. 2 1 Page - Regular City Commission March 20, 2018 City Planner Rumer explained the next steps for the Large Scale Comprehensive Plan Amendments for the 10-Year Water Supply Facilities Work Plan Update will be as follows: • City Commission approves transmittal of the Ordinance to the DEO and SJRWMD • Reviewed by appropriate state and regional agencies • Receive Objections, Revisions and Comment Report (ORC) from DEO and/or SJRWMD • Answer ORC or Adopt Ordinance Staff recommends that the Honorable Mayor and City Commissioners approve the Large Scale Comprehensive Plan Amendments for the 10-Year Water Supply Facilities Work Plan Update for transmittal to the Department of Economic Opportunity (DEO) and St. Johns River Water Management District (SJRWMD). City Attorney Cookson read the title of the Ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move for transmittal of Ordinance No. 2018-016 and the proposed Large Scale Comprehensive Plan Amendment to the Florida Department of Economic Opportunity and other reviewing agencies, if applicable, for review and comment; Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried unanimously. 2. First Reading of Ordinance for Large Scale Comprehensive Plan Amendment — Past Joint Planning Agreement (JPA) Amendments and Future Land Use Map (FLUM) Clean Up; Case No: CPA-2018-002. (Advertised in the West Orange Times on Thursday, March 8, 2018.) (City Planner Rumer) The City proposes to update the Comprehensive Plan by updating certain map figures in the Future Land Use (FLU) Element with updated Land Use changes since 2011 and to identify a planning horizon of 2028. The FLU map changes consist of: (i) amend the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan Amendments Seventeen (17) and Eighteen (18) to the Ocoee/Orange County Joint Planning Area Agreement (JPA); (ii) updated FLU Map Figure 1 (Existing Land Use Map) by providing up-to-date data provided by the Orange County Property Appraiser; (iii) amend Map Figure 2 (Future Land Use Map) of the Future Land Use Element to reflect annexations and comprehensive plan amendments adopted since 2011 and to incorporate the Seventeenth (17) and Eighteenth (18) Joint Planning Area Agreement Amendments; and (iv) update the Existing Land Use Map (Figure 1) to conform to the JPA; and (v) incorporate the Ocoee/Orange County Joint Planning Area Map as Figure la into the Future Land Use Element, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to Figure 1. City Planner Rumer advised this is a first reading of the proposed Large Scale Comprehensive Plan Amendment for approval to transmit to the Florida Department of Economic Opportunity (DEO). He announced there is a sign -in sheet for anyone who wishes to speak on this item. He presented a PowerPoint presentation outlining this proposed Large Scale Comprehensive Plan Amendment, which will amend the Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan Amendments Seventeen (17) and Eighteen (18) to the Ocoee/Orange County Joint Planning Area Agreement (JPA); update the Existing Land Use Map 3 1 P a g e Regular City Commission March 20, 2018 (Figure 1, as presented) by providing up-to-date data provided by the Orange County Property Appraiser; amend the Future Land Use Map (Figure 2, as presented) of the Future Land Use Element to reflect annexations and comprehensive plan amendments adopted since 2011 and to incorporate the Seventeenth (17) and Eighteenth (18) Joint Planning Area Agreement Amendments; and update the Existing Land Use Map (Figure 1, as presented) to conform to the JPA; and incorporate the Ocoee/Orange County Joint Planning Area Land Use Map (Figure ]a, as presented) into the Future Land Use Element, as amended, and to reflect small scale comprehensive plan amendments and annexations since the last update to the Existing Land Use Map (Figure 1, as presented). City Planner Rumer explained the next steps for the Large Scale Comprehensive Plan Amendment / JPA Amendments and FLUM Clean Up will be as follows: • City Commission approves transmittal of the Ordinance to the DEO • Reviewed by appropriate state and regional agencies • Receive Objections, Revisions and Comment Report (ORC) from DEO • Answer ORC or Adopt Ordinance • Comprehensive Plan update to the Future Land Use Planning Horizon of 2028 Staff recommends that the Honorable Mayor and City Commissioners approve the Large Scale Comprehensive Plan Amendment / JPA Amendments and FLUM Clean Up for transmittal to the Florida Department of Economic Opportunity (DEO). City Attorney Cookson read the title of the Ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move for transmittal of Ordinance No. 2018-017 and the proposed Comprehensive Plan Amendments to the Department of Economic Opportunity and other reviewing agencies, if applicable, for review and comment; Moved by Commissioner Keller, seconded by Commissioner Grogan; Motion carried unanimously. SECOND READING OF ORDINANCES — PUBLIC HEARINGS - 6:29 PM 3. Second Reading of Ordinance for Kelly -West Rezoning - 320 West Silver Star Road; Project No: RZ-18-01-01. (Advertised in the West Orange Times on Thursday, March 8, 2018.) (Planner Jones) The subject property is located at 320 West Silver Star Road, which is on West Silver Star Road, 300 feet east of Ocoee -Apopka Road. The parcel is +/- 0.29 acres in size and has one (1) existing single-family residence. The Applicant is requesting to rezone the property from R-1 (Single Family Dwelling) to a C-2 (Community Commercial) as a condition to provide a commercial use facility. The proposed rezoning is a logical extension of the City limits, urban services can be provided, and the rezoning meets state and local regulations and is consistent with the adopted future land use designation of Commercial, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. 4 1 P a g e Regular City Commission March 20,2018 Planner Jones presented a brief PowerPoint presentation of the Kelly -West Rezoning at 320 West Silver Star Road, which is located on West Silver Star Road, 300 feet east of Ocoee - Apopka Road. The subject parcel is +/- 0.29 acres in size and has one existing single-family residence. The Applicant is requesting to rezone the property from R-1 (Single Family Dwelling) to a C-2 (Community Commercial) as a condition to provide a commercial use facility. The proposed rezoning is a logical extension of the City limits, urban services can be provided, and the rezoning meets state and local regulations. He explained that once this rezoning is in place any future interested buyers of this parcel will have to comply with current commercial codes, which will entail updating the landscaping, a new parking lot and alterations to the property. City Attorney Cookson read the title of the rezoning ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed Motion: Move to adopt Ordinance No. 2018-006, Kelly -West Rezoning - 320 West Silver Star Road, Protect NO: RZ-18-01-01; Moved by Commissioner Keller, seconded by Commissioner Firstner; Motion carried unanimously. 4. Second Reading of Ordinance for Bori Annexation and Rezoning - 1515 Blackwood Avenue; Project No(s) : AX-12-17-69 & RZ-17-12-10. (Advertised in the West Orange Times on Thursday, March 8, 201, and Thursday, March 15, 2018.) (Planner Jones) The subject property is located at 1515 Blackwood Avenue, which is on the east side of Blackwood Avenue, 830 feet south of Old Winter Garden Road. The subject parcel is +/- 0.55 acres and has one (1) existing single-family residence. The Applicant is annexing into the City limits as a condition to receive city potable water connection. The Applicant is requesting to rezone the property from Orange County A -I (Rural/Agriculture) to a R-IA (Single Family Dwelling) zoning upon annexation. 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. The R-IA zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance Planner Jones presented a brief PowerPoint presentation of this proposed annexation and rezoning for Bori located at 1515 Blackwood Avenue, which is +/- 0.55 acres and is located on the east side of Blackwood Avenue, 830 feet south of Old Winter Garden Road. The subject parcel has one existing single-family residence. The Applicant is annexing into the City limits as a condition to receive city potable water connection. The Applicant is requesting to rezone the property from Orange County A- I (Rural/Agriculture) to R- I A (Single Family Dwelling) zoning upon annexation. This proposed annexation and rezoning is a logical extension of the City limits, urban services can be provided, and the rezoning meets state and local regulations. Once this parcel is annexed into the city it will receive police/fire assistance as well as city water and trash service. City Attorney Cookson read the title of the annexation ordinance. 5 1 P a g e Regular City Commission March 20, 2018 The public hearing was opened. As no one wished to speak, the public hearing was closed. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2018-007, Bori Annexation - 1515 Blackwood Avenue, Proiect No: AX-12-17-69; Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried unanimously. b) Second Reading of Rezoning Ordinance City Attorney Cookson read the title of the rezoning ordinance. The public hearing was opened As no one wished to speak, the public hearing was closed. Motion: Move to adopt Ordinance No. 2018-008, Bori Rezoning - 1515 Blackwood Avenue, Proiect No: RZ-17-12-10; Moved by Commissioner Wilsen, seconded by Commissioner Grogan; Motion carried unanimously. 5. Second Reading of Ordinance for Darren Center Annexation, Rezoning and Planned Unit Development (PUD) Land Use Plan; Project No(s): AX-12-17-65& RZ-17-12-08. (Advertised in the West Orange Times on Thursday, March 8, 2018, and Thursday, March 15, 2018.) (city- Planner Rumer) This subject property is located on the north side of W. Colonial Drive, 1,325 feet from the intersection of Blackwood Avenue and West Colonial Drive. The overall parcel is 7.11 acres in size. The subject site is comprised of one (1) parcel identified as Parcel ID Number 21-22-28-0000-00-012. The Applicant has requested a City of Ocoee zoning designation of PUD (Planned Unit Development) for Office use, which is consistent with the zoning of the properties to the north, east and west. The PUD zoning for Office designation is consistent with the adopted future land use designation of Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map. The proposed site plan will require connection to City of Ocoee potable water and sewer. The Darren Center Office Building is proposed at 30,400 sq. ft. and two -stories. The footprint is 15,639 sq. ft. on 2.06 acres. There are 494 acres of wetlands and 0.11 acres of road access. A parking area is proposed under ground level. Offices are proposed on the ground level and upper level. Stormwater retention will be provided under the parking lot. a) Second Reading of Annexation Ordinance b) Second Reading of Rezoning Ordinance c) Land Use Plan (not a public hearing City Planner Rumer presented a brief PowerPoint presentation describing this subject property, which is vacant and located on the north side of West Colonial Drive, 1,325 feet from the intersection of Blackwood Avenue and West Colonial Drive. The overall parcel is 7.11 acres in size. The Darren Center Office Building is a proposed two-story office building at 30,400 sq. ft. The Applicant has requested a City of Ocoee zoning designation of PUD for Office use, which is consistent with the zoning of the properties to the north, east and west. The PUD zoning for Office designation is consistent with the adopted future land use designation of Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area Future Land Use Map. The proposed site plan will require connection to City of Ocoee potable water and sewer. 6 1 P a g e Regular City Commission Mauch 20, 2018 City Attorney Cookson read the title of the annexation ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2018-009, Darren Center Annexation, Project No: AX-12-17-65, Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion carried unanimously. b) Second Reading of Rezoning Ordinance City Attorney Cookson read the title of the rezoning ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move to adopt Ordinance No. 2018-010, Darren Center Rezoning, Proiect No: RZ-17-12-08; Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion carried unanimously. c) Land Use Plan (not a public hearing) Motion: Move to approve the Land Use Plan for Darren Center Planned Unit Development (PUD); Moved by Commissioner Keller, seconded by Commissioner Wilsen; Motion carried unanimously. 6. Second Reading of Ordinance for Ladybird Academy Annexation, Rezoning to Planned Unit Development (PUD), PUD Land Use Plan and Small Scale Comprehensive Plan Amendment; Project No.(s): AX-10-17-66, RZ-17-10-07 & CPA- 2018-001. (Advertised in the West Orange Times on Thursday, March 8, 2018, and Thursday, March 15, 2018.) (City Planner Rumer) Thic cnhiert nrnnprty is lnnated at 70R2 West Road snnth side of West Road_ annroximately 400 feet east of the intersection of West Road and Ocoee Apopka Road. This site currently contains 5.45 acres of mostly undeveloped property with a single-family dwelling built in 1945 which will be removed. The Applicant has requested a City of Ocoee zoning designation of PUD, which is consistent with the zoning of the properties to the north and west. The PUD zoning designation is consistent with the adopted future land use designation of Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map. The proposed site plan will require connection to Orange County potable water and sewer. The development consists of two phases. Phase 1 will be a 12,989 sq. ft. Daycare and Pre-k for 150 children ranging in ages from six weeks to five years old. Summer Camps for ages 5-12 years old will also be provided. The site is shown on the PUD Land Use Plan. Phase 2 will be permitted uses in the C-2 zoning district. There are no plans for the development of Phase 2. a) Second Reading of Annexation Ordinance b) Small Scale Comprehensive Plan Amendment c) Second Reading of Rezoning Ordinance d) PUD Land Use Plan 7 1 P a g e Regular City Commission March 20, 2018 City Planner Ramer presented a PowerPoint presentation describing this subject property at 2082 West Road, which is located on the south side of West Road, approximately 400 feet east of the intersection of West Road and Ocoee Apopka Road. This site currently contains 5.45 acres of mostly undeveloped property with a single-family dwelling built in 1945,.which will be removed. The development proposes two phases. Phase 1 will be a 12,989 sq. ft. daycare and pre-k for 180 children ranging in ages from six weeks to five years old with summer camps. There are no plans as of yet for the development of Phase 2; however, the permitted uses will be within the C-2 zoning district. He explained Phase 2 will be amended with a public hearing process when a development plan comes forward. City Planner Ramer further explained Phase 1 and the proposed day care facility indicating access will be via West Road, which is a divided highway and controlled by Orange County. The Applicant has contacted Orange County regarding the approval process of said access, which is a deceleration lane improvement, which satisfies the requirements of Orange County. The Applicant has requested a City of Ocoee zoning designation of PUD for the specific use of Phase 1, which is consistent with the zoning of the properties to the north and west. The PUD zoning designation is consistent with the adopted future land use designation of Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area Future Land Use Map. The proposed site plan will require connection to Orange County potable water and sewer. City Attorney Cookson read the title of the annexation ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. a) Second Reading of Annexation Ordinance Motion: Move to adopt Ordinance No. 2018-011, Ladybird Academy Annexation, Project No: AX-10-17-66; Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried unanimously. b) Small Scale Comprehensive Plan Amendment City Attorney Cookson read the title of the small scale comprehensive plan amendment ordinance. The public hearing was opened As no one wished to speak, the public hearing was closed. Motion: Move to adopt Ordinance No. 2018-013, Ladybird Academy Small Scale Comprehensive Plan Amendment, Project No: CPA-2018-001: Moved by Commissioner Grogan, seconded by Commissioner Firstner; Motion carried unanimously. 8 1 P a g e Regular City Commission March 20, 2018 c) Second Reading of Rezoning Ordinance City Attorney Cookson read the title of the rezoning ordinance. The public hearing was opened. As no one wished to speak, the public hearing was closed. Motion: Move to adopt Ordinance No. 2018-012, Ladybird Academy Rezoning, Project No: RZ-17-10-07; Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried unanimously. d) Land Use Plan (not a public hearing) Motion: Move to approve the Land Use Plan for Ladybird Academy Planned Unit Development (PUD); Moved by Commissioner Grogan, seconded by Commissioner Keller; Motion carried unanimously. REGULAR AGENDA - None STAFF ACTION ITEMS - None COMMENTS FROM COMMISSIONERS - 6:49 PM Commissioner Grogan — Thanked the Parks and Recreation Department for the recent park upgrades such as equipment and protective groundcover, and stated he hopes park upgrades will be continuing and put in the budget for next year. Commissioner Wilsen — 1) Thanked all involved, volunteers and staff, with this year's Spring Fling, which is in its 13th year, saying it was a wonderful, successful event 2) Inquired if the Parks and Recreation Department can make sure the parks have enough dog disposal bags as it seems there has not been enough 3) Thanked all voters who came out to vote as she is very humbled by their support and is very thankful and happy to serve this city for another three years. Commissioner Firstner — 1) Thanked the Public Works Department for seeing the street light project on Roberson Road through to completion 2) Thanked Commissioner Keller for his many years of service representing District 4. Commissioner Keller — 1) Thanked God for 12 great years as a Commissioner as well as thanked the Board for their time together, their accomplishments with developments within the city, along with our top -rated, advanced life support, ISO Class 1 Fire Department 2) Thanked everyone who helped on the campaign 3) Congratulated Mr. Oliver on his win along with offering his assistance at any time; and further, expressed how pleased he is to witness this milestone of the first African -American being sworn in as Commissioner and how this speaks volumes of how well diversified this city has become 4) Thanked the Mayor and offered his assistance at any time. 9 1 P a g e Regular City Commission March 20, 2018 Mayor Johnson — 1) Thanked Commissioner Keller for all of his years of service along with traveling to Tallahassee the past few years to resolve city issues 2) Briefly explained Ocoee's history and mentioned this city has come a long ways over the past 98 years and is now one of the most diversified cities within Central Florida, which is moving in the right direction 3) Congratulated Commissioner Wilsen and looks forward to Mr. Oliver joining the City Commission; and further, stated this Board all works together for the betterment of the city. ADJOURNMENT - 6:55 PM Attest: Lid Melanie Sibbitt, City Clerk CI of c Rusty John ,*or 101Page "1 mi-In 1J , ;J I, GEORGE OLIVER III, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States of America and of the State of Florida, and the Charter and Ordinances of the City of Ocoee; that I will bear true faith, loyalty, and allegiance to the same; that I am entitled to hold office under the State Constitution and the City Charter; that I will faithfully perform all duties of the office of COMMISSIONER of the City of Ocoee, which I am about to enter, so help me God. ge µOliver III SWORN and Subscribed before me this 20th clay of March, 2018. Melanie Sibbitt, City Cleric Fj IV =;] 1']v ► I, ROSEMARY WILSEN, do solemnly swear that I will support, protect and defend the Constitution and Government of the United Mates of America and of the Mate of Florida, and the Charter and Ordinances of the City of Ocoee; that I will bear true faith, loyalty, and allegiance to the same; that I am entitled to hold office under the State Constitution and the City Charter; that I will faithfully perform all duties of the office of COMMISSIONER of the City of Ocoee, which I am about to enter, so help me God. n Ro emary Wilsen SWORN and. Subscribed before one this lath day of March, 2018. e Melanie Sibbitt, City Clerk