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HomeMy WebLinkAbout12-09-86 SS l I I MINUTES OF THE SPECIAL SESSION OF THE CITY COMMISSION HELD ON DECEMBER 9_ 1986 - The meeting was called to order by Mayor 1son at 7:05 p.m.. PRESENT: Mayor 1son, Commissioners Johnson, Dabbs, Bateman and Hager, City Manager Ryan, City Planner Wagner and City Clerk Catron. ABSENT: None. f!~g [b~~~ ~~~BI~g~I~=~~BK!~~ ~~B!~~gg City Planner Wagner explained to the Commission that the developer was not asking for approval of the site plan per se and he was only giving them a general sketch of the plan. He stated further that he would rather they did not deal with the plan overall but Just treat as a concept plan. The developers of this proposed proJect have requested a variance from the required 2.25 parking spaces per unit to 2.15 per unit in order to be able to save some sizeable trees on the property and conserve natural vegetable cover. Planner Wagner explained that the City's Arbor Ordinance permits a relaxation of the required number of parking spaces in a development so large trees can be preserved. He requested that the Commission give staff the option to negotiate with the developer to go down as low as 2.0 spaces per unit in case there may be other areas they can save. - Commissioner Bateman stated that he was very familiar with this property and although he was sympathetic with the developer he felt they might be able to accomplish the parking required if they used slant parking in some of the areas instead of the ballooning that is shown on the plan. Commissioner Johnson was concerned they might strive for the lower number of spaces per unit if the Commission allows the lower number but he wants to save the trees. Commissioner Dabbs said that he understood and was in favor of giving staff the feasibility and asked that staff consider the suggestions by Commissioner Bateman. Commissioner Dabbs then moved to approve the tree saving parking swap. Motion died for a lack of a second. Jerry Feinstein, representing the developer, stated that the placement of the buildings was critical due to its proximity to Lake Bennett. Commissioner Bateman had suggested they might move the buildings around. Commissioner Dabbs moved to authorize the variance from 2.25 parking spaces per unit to 2.15 parking spaces per unit on this proJect, Commissioner Johnson seconded and the motion carried unanimously. -- 1 _. - .--- - Page 2 Special Session City Commission 12-09-86 [I~g [b~~~ ~e~BI~g~!~ = Q~I! ~I~g egB ~Q~I~~ QBQI~~~Qg The developer is requesting a verification of the living area requirements in the Zoning Ordinance which presently requires 650 sq. ft. for any unit within a building or complex. or it may be interpreted as permitting an average size to be maintained by all units. The developer suggeste that an average size of the dwelling units fulfills the intentCs) the Zoning Ordinance. They are proposing approximately 2-Bedroom Apartments and 36 i-Bedroom Apartments and that since 3/4 of the units exceed the 650 sq. requirement, they should be able to use the average size. The Staff recommended that the City Commission concur with this interpretation. of 132 feel ft. Commissioner Bateman stated that if the Zoning Ordinance required 650 sq. ft.. then the minimum should be 650 sq. ft.. Mr. Feinstien stated that they could not build a unit for the money they are asking if they have to increase the square footage. e Commissioner Bateman moved that the requirement of the Zoning Ordinance is 650 sq. ft. per unit, Commissioner Dabbs seconded and motion carried unanimously. Qg~gbQegB:~ ~~Bgg~g~I = [QBg~I Q~~~L~~y~g BIQH Mr. Rich had requested a workshop with the Commission because he did not agree with items in the Developer~s Agreement that were recommended by Staff. Mr. Rich was not present at the meeting and City Manager Ryan said he would try to explain the problem to the Commission. . On Sept. 2, 1986, the Commission approved a site plan revision for Forest Oaks Phase II which allowed Rich Drive to be cul-de-saced at Hackney Prairie with an emergency gate. At that time his cost of paving Hackney Prairie was estimated in the $30,000 to $60,000 range - total cost of paving is anticiapted somewhere between $400,000 to $600,000. Staff feels this is not adequate in view of what other developers are going to be paying and have recommended 15% of the cost which amounts to approximately $90,000. Mr. Rich thinks this is unfair. Mr. Ryan explained options as follows: 1) allow the modification of Phase II to stand which means no paving on Hackney Prairie, 2) rescind the modification, extend Rich Drive through to Hackney Prairie and then Mr. Rich will have to deal with George Cole, Orange County, and 3) support staff position of the proportionate share of 15%/$90,000 for the paving of Hackney Prairie . 2 e Page 3 Special Seaaion City Commi..ion 12-09-86 Mayor Ison and the Commissioners were all in agreement that Hackney Prairie was going to be paved by developers and needed to be done as soon as possible. They also felt some action should be taken to have Rich Drive cut into Hackney Prairie which would trigger the paving required by Orange County. City Manager Ryan said he would schedule this item for the agenda Ior the next regular meeting which is December 16, 1986. Commissioner Bateman moved to schedule for 12/16 meeting a reconsideration of Forest Oaks Phase II proposal and that Mr. Rich and Forest Oaks be advised that it is the intention of this Commission to reconsider their last action and direct that Rich Drive be punched through to Hackney Prairie Road, Commissioner Johnson seconded and the motion carried unanimously. fB~IB!g b~~g~ f~~~Q~ = fBgb!~!M~BY fb~M Bg~Ig~ e Mayor Ison stated that, in order to save time, he would like to go over the DRC Report one item at a time and discuss the items that are in disagreement. There was discussion about the term exemption when referring to impact 1ees. Commisioner Dabbs again questioned this and City Manager Ryan stated that the City Attorney had a problem with the lexemptl provision. Mayor Ison referred to Item 20 in the DRC Report that allows for a credit for off-site improvements. Scott Henderson, Warren Williams and Gus Silvestri spoke for the proJect. There was concern about a credit 10r off-site improvements and City Planner Wagner felt they should be defined. Some of the improvements will be needed directly as a result of the proJect and those need to be defined. Mayor Ison then asked for a recess. RECESS: 8:45 p.m. CALL BACK TO ORDER: 9:05 p.m. City Manager Ryan made the following presentation for Prairie Lake P.D.D. - Recommend credit against transportation impact fees for 3rd & 4th lanes, the median strip and irrigation, of Clark Road through Tracts D & E, 50% for the improvements at the intersection with A. D. Mims Road, 100% credit for improvements at the intersection with Apopka Vineland, credit for paving Hackney Prairie the length of their boundary with $54,000.00 to be placed in escrow for their share of Hackney Prairie and two other provisions - credit adJusted by cost of money and the issue of no impact fee. They wanted to know how they would be reimbursed if no impact fees are established. Mayor leon stated that the City would not do any reimbursing, it would have to be from other developers. - 3 - Page 4 Special Se..ion Cit.y Commia.ion 12-09-86 The Commission then discussed the density of the proJect. Scott Henderson stated that the green areas were more than the 5% required. Commissioner Bateman stated that the zero lot lines proposed for Tract A would not work. He was concerned with duplexes on 50 x 100 foot lots each. Mr. Henderson agreed to change Tract A to coincide with Tracts D & E which are patio homes and townhomes. In going over the DRC Report dated October 23, 1985, the following items were agreed to by the developer 1, 2, 4, 5, 9, 10, 11, 12, 13, 14, 17, 18 and 21. The following items were disagreed with by the developer and changes made as follows: tit Item 3 - The developer shall participate in a pro rata share in the extension of Hackney Prairie Road from the proposed Clark Road to Apopka-Vineland Road. The pro-rata share of this improvement is herein established at 1/3 of the total cost of paving. The developer shall pave two lanes of Hackney Prairie Road from Clark Road to the east boundary of the proJect in conJunction with Tract 'D'. The remaining contribution of $54,000 shall be paid to the City of Ocoee prior to the issuance of the first Certificate of Occupancy on Tract "D". Final Cost to be based on total construction. Item 6 - Clark Road is planned as an arterial highway with a design speed of 45 MPH. The developer shall dedicate to the City the full 100 foot right-of-wqy through the proJect for Clark Road. The developer shall provide a four lane section of Clark Road within Phase I as part of Phase I development. Prior to any Certificates of Occupancy for development within Phase II Clark Road shall be paved to a 4 lane section to Hackney Prairie Road. Item 7 - The only change in this paragraph is to delete the word 'and' in the first sentence so it reads "Five foot high serpentine masonry screen walls or irrigated". Item 8 The only change in this is the amount of square footage for commercial which is going to be 80,000 square feet. Item 15 - This requirement applies to Tracts A, D & E. Item 16 - Only one sidewalk shall be provided along Hackney Prairie Road. Item 19 - Items C & D are deleted as they are covered under another item and items A & B read as follows: A) The intersection of Clark Road and A. D. Mims Road <Phase I) - 50% credit. B) The intersection of A. D. Mims Road and Apopka Vineland Road (Phase I) - 100 % credit. Item 20 - The following credits added to this item: 50% credit for A. D. Mims-Clark Rd., 100% creidt for Apopka Vineland-A. D. Mims Rd., Credit for the 3rd & 4th lanes of Clark Rd. along with the median and irrigation improvements . 4 Page 5 Special Se.sion City Commission 12-09-86 through Tract D & E, Credit of $54,000.00 for paving of Hackney Prairie and Credit for the cost of money adJustment. Item 21 - This item deleted and the following paragraph added making new item 21 - Tract A is changed to agree with Tract D & E ae far as development of Patio Homee/Townhomee with 1200 square feet of living area. Commissioner Dabbs moved to approve the Preliminary Master Plan subJect to the above and approved by City Attorney and Bateman seconded and the motion carried ~~BgH~~g QE ~BQ~gBIX Prairie Lakes P.U.D. DRC Report as stated Staff, Commissioner unanimously. Mayor Ison reported that he had been approached by a citizen about a house and lot on Jamela, 1104 Jamela, that is up for sale and the City may be able to purchase it. This house is located next to our water tower and is only approximately 7 1/2 feet from the chlorine storage building. The City Engineer and City Manager visited the location and feel that this would be excellent for the City to purchase. Mayor Ison asked for authorization from the Commission to negotiate a contract for purchase and bring baCK to them for approval/disapproval. There would be no obligation and the decision would be theirs. All of the Commissioers were in agreement with the Mayor and asked him to proceed. Meeting adJourned at 10:35 p.m.. ::yLe ~ ------------------------------- ~~-~------ City Clerk Catron 5 Mayor Thomas Ison --- ~-- .--