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HomeMy WebLinkAbout12-10-87 SS MINUTES OF THE SPECIAL SESSION OF THE CITY COMMISSION HELD ON DECEMBER 10, 1987 e The meeting was called to order at 6:45 p.m. by Mayor Ison. PRESENT: Mayor Ison, Commissioners Johnson, Dabbs, Bateman, and Hager, City Attorney Barnby, City Engineer Kelley, City Manager Ryan, City Planner Wagner and City Clerk Catron. ABSENT: None REVIEW OF DEVELOPMENT AGREEMENTS ~2.. ~... ~L ~~k=BZ City Planner Wagner explained that the agreement was acceptable to Mr. Voss as prepared. Mr. Voss stated that it was acceptable as presented but stated that when development occurs, they may need to come back for changes if they could be Justified. Mayor Ison stated that we need to be sure everything in the City has an Ocoee mailing address. Thet~e were no other comments. BL !.~~X = ~... ~2L g~~=gl e City Planner Wagner explained that ZOM Development Co. no longer was involved with this property. The people who handle the property now have two issues, one was the determination of the alignment and intersection location at Johio Shores Road and Silver Star Road and the other was the possibility of adding another access point back into the agreement. Jim Huckaba, Renaissance Investments, stated they were handling the property and their only issues were the two mentioned by City Planner Wagner. A Transportation Study was suggested by the Mayor in order to address the issue of the alignment of Johio Shores Rd. and Silver Star Rd. along with some of the other issues such as Clark Rd. and Montgomet~Y Rd.. Commissioner Bateman stated he had a total concern over the area and felt they should look at a service road for Silver Star. The issue of the additional access point was left out as they felt it could be discussed at the time of site plan review. There was some discussion on the developer's request for R-l-A Zoning and that it would probably be at least R-l-AA. ~.~g.~g ~... ~2.L gZ~=BZ .n~ g6B=~Z Since this property will be developed along with the R. Tert~Y Case, Mr. Wagner explained they were in agreement with the Development Agreement as presented but also would like the alignment of Johio Shores Road and Silver Star Road determined as soon as possible. e 1 Page 2 Special S.ssion City COMMis.ion tit Dece.ber 10, 1987 ~ill ~... ~Q.L g~C=~Z Ang g~B=~Z City Planner Wagner explained that the developer would like the zoning changed back to R-l-A from R-l-AA, wanted to modify the access point language paragraph 3, page 4 and wanted to modify the Hold Harmless language paragraph 7, page 6-7, to require the City to hold owner harmless for any failures by the City. Steve Dill asked about rezoning some of the property - about 3 acres - to commercial. Mr. Wagner stated that he was not aware of this request. The Mayor, Commissioners and City Attorney agreed that the wording on the Hold Harmless was standard and would not be changed. The Commission also would not change the zoning from the R-l-AA. Mayor Ison explained they were trying to keep the area South of Silver Star in line with the other development in that area. Charles True, McIntosh Associates, also discussed interest rates and the development. The Commission all agreed that he would be able to sell the larger homes. The Commission agreed to modify the language reference the access point on page 4, paragraph 3, to include after "the City of Ocoee shall" the following - "meet with Florida Department of Transportation and determine a mutual agl'~eemeY'lt" . 4It g~fli2~b = gS2~ ~Q2L ~2g=~Z Ang e~B=~Z City Planner Wagner explained that the developers wanted the zoning changed from R-l-AA to R-1-A, wanted to propose specific screening provisions to protect adJacent properties, paragraph 7, pages 6 & 7, and wanted to modify the Hold Harmless language, paragraph 6, pages 5 & 6, to require the City to hold owner hamless for any failures by the City. As stated previously, the City will not change the standard requirement on the Hold Harmless nor will it change the zoning. There was discussion on the type of fencing to be used as the developer suggested wooden fences. Commissioner Johnson asked that the adJoining property owners be contacted about the fencing. Mayor Ison asked that they contact the property owners by letter and that the following provision be added refel'~eY'lce the screeY'ling - "subJect to l'~eview of the site plaYI". ~22gmiD gi2~ ~QaL e~g=~Z ~Dg eZB=~Z e City Planner Wagner explained that the developer wanted to make revisions to a number of paragraphs in the agreement, that certain modifications had been worked out with staff and were included in the marked-up copy, and that certain proposed changes would be made by the developer at this meeting. One of the items discussed by Steve Fieldman, representing the developer, pertained to the trees on the 2 ______________----.J e Page 3 Special Session City Commisison December 10, 1987 e property. Everyone was aware of the sensitivity of the removal of any of the trees and the Mayor asked that they tag the trees that were to be removed before they remove any of them. There was some discussion on the right turn only in~o the property and a middle lane on Highway 50 was discussed as another possibility. Mr. Fieldman questioned the payback arrangement and asked for more clarification. The Commission explained that he would be reimbursed from other developet~s as they come on line. The Mayor asked if a map could be used to track these Development Agreements. This could be a way of facilitating the pay backs. On page 5, City Engineer Kelley stated he could not say what the required fire flows would be since he did not know the number of units. Commissioner Bateman questioned on Page 6, with "other prepaid" developers, as he felt you could not answer the same way each time. Mr. Fieldman also questioned paragraph 7 on page 6, he stated they could not control the City's doings and could not get insurance but the City could. Mayor Ison asked that case law be studied and get any questions answered. He also asked that the attorney initial any documents they have prepared and submitted to the Commission. Mr. Feidman then questioned paragraph 14 on page 11 as to the part "without recourse" and the duration of the agreement. It was agreed that we would use the same wording from the Florida State Statute for the duration since State Law provided the requirement. Mayor Ison stated that paragraph 7 would have to be revisited on all the Development Agreements. RECESS: 9:15 p.m. CALL TO ORDER: 9:45 p.m. DISCUSSION/ACTION ON PROPOSED PLANNING PROCESS FOR 1988 COMPREHENSIVE PLAN AMENDMENT SCHEDULE e City Manager Ryan explained they had been trying to find a way to streamline the Comprehensive Plan Amendment Process and they were still working to find a way to do so. Attorney Barnby stated that she was still waiting on word from the State. Mayor Ison stated that other cities annexed and rezoned at the same time, specifically Winter Garden, and asked for the Commission's thoughts. City Manager Ryan and City Attorney Barnby stated that annexation and rezoning could be done simultaneously as long as the Comprehensive Plan did not have to be amended. If a Plan Amendment is required then the lengthy process had to be followed. Mayor Ison asked that this item be continued on the December 15, 1987 agenda under Commission Comments. Everyone agreed that the process needed to be streamlined but wanted to make sure that it was done correctly. 3 Page 4 Special Session City Commission 4It December 10, 1987 Commissioner Bateman asked what happened to the fee if an annexation request is denied and was told that the City keeps t he fee. Meeting adJourned at 10:05 p.m.. L -----~------~-~----- MAYOR ATTEST: CITY CLERK e e 4