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HomeMy WebLinkAbout08-23-88 SS - - - CITY COMMISSION SPECIAL SESSION HELD AUGUST 23, 1988 CALL TO ORDER: Mayor Ison called the special session to order at 7:30 p.m. in the commission chambers. Mayor Ison then led in prayer and the pledge of allegiance to the flag. PRESENT: Mayor Ison, Commissioners Bateman, Dabbs, Hager, and Johnson, City Manager Ryan, Assistant City Manager Finch, Associate Planner Myers, City Attorney Rosenthal, City Attorney Woodson, City Clerk Grafton ABSENT: None Mayor Ison announced that, due to the number of citizens present for the public hearing for Lake Lotta, it would be well to shift the agenda and place Items K, L, M and N immediately following new business items II A, B, and C. NEW BUSINESS PUBLIC ROAD CROSSING AGREEMENT (BOWNESS ROAD IMPROVEMENTS) Assistant City Manager Finch advised that the Public Road Crossing Agreement with Florida Central Railroad Company, Inc. as presented in the packet is a standard agreement. Mr. Finch stated that after conferring with City Attorney Rosenthal, however, it was determined that certain items should be included prior to approval. (1) The first item is on page 4, paragraph 6 (regarding indemnification) which contains two sentences. The phrase "to the extent permitted by law," should be inserted at the beginning of each sentence. (2) The second item is on page 5, paragraphs lOA and lOB (regarding insurance converage) and involves no change. Mr. Finch wanted to point out that these are standard paragraphs for railroad agreements but they are substantial as far as the insurance coverage required. (3) In paragraph 11 (regarding conditions precedent) rather than passing an ordinance or a resolution enabling the Mayor to sign the agreement a certified copy of the minutes of this meeting will be sufficient authorization.On page 6 paragraph 15 (regarding notice) any notice should be sent to City Manager at the listed address. On page 8 the city attorney stamp (showing that they have reviewed the document as to form and legality for the benefit of the City of Ocoee) should be added. Mr. Finch then noted that Mr. John Levine, Vice President, Florida Central Railroad Company, Inc. has already signed the document, therefore, in order for the document to be official, Mr. Levine will need to initial all the insertions. Mr. Finch recommended approval subject to the above mentioned changes. Commissioner Bateman moved to approve the Bowness Road/Public Road Crossing Agreement with the proposed changes. Commissioner Hager seconded and vote was unanimous in favor. -- - - Page 2 City Commission Special Session August 23, 1988 GENEVA TRIPLEX Assistant City Manager Finch explained that Mr. and Mrs. Dwight Seidner, PO Box 1175, Windermere, FL 32786, own the site referred to as Geneva Triplex, and that they wish to appeal the review comments made by the Development Review Committee. The Seidners, in order to speed up the permitting process, have elected to build a single family residence rather than a triplex. Their particular concerns included the flood plain elevation and the requirement to extend to and loop a 12" water line when a 10" water line is close by. A vigorous discussion ensued during which it was revealed that the house site was positioned high enough to be acceptable as far as the flood plain elevation is concerned (the parking lot of the triplex design had been below the flood plain). The City's major concerns were having the proposed water line requirements met and observing the subdivision regulations. Mr. Finch pointed out that the owner of the parcel immediately west of this parcel had withdrawn his plans because of the burdens being imposed, and should the commission approve this adjustment, that owner will expect the same.There was definite concern regarding retention area if the subdivision regulations were temporarily bypassed in order to accomodate the building of a single family residence. City Manager Ryan suggested that the 12" water line could be completed to the cemetery and an assessment be placed on all five blocks. Commissioner Hager observed that the increased size of the water line would increase the pressure to all the houses on Geneva and all who benefited should share in the cost. Further discussion revealed that to be the consensus of the commission, however, the final instructions to staff indicated that the existing homeowners were not to be assessed for the upgrade of the water line. Mayor Ison advised Mr. Seidner that he should bring in a new plat, get in storm water retention (possibly a swale), construct water line to the edge of their lot and stub it out from there. Mayor Ison then instructed Assistant City Manager Finch to stay underneath the subdivision regulations, give the Seidners a single family residence retention area specification for the back after reviewing it with City Building Official Nagel, see that the platting is done, do a water line extension cost estimate down to this property and stub it out. REQUEST FOR EXTENSION OF COMPREHENSIVE PLAN SUBMITTAL DATE Associate Planner Myers advised commission of the current status of the Comprehensive Plan Update which is due to be submitted by October 30, 1988 and recommended that a request for an extension be filed. Commissioner Johnson moved to request an extension as recommended. Commissioner Dabbs seconded and vote was unanimous in favor. e e - Page 3 City Commission Special Session August 23, 1988 LAKE LOTTA, LTD - REZONING - CASE NO.14R-88 As Mayor Ison opened the public hearing on this case he advised that letters from Orange County Government and Rose Hill Homeowners had been received and that both those organizations had representatives present to speak as well. Associate Planner Myers pointed out the 238 acre parcel lying west of Lake Lotta on the map and said that the planning and zoning board had requested staff to review some of the questions with the developer and make some recommendations to city commission. The plan as submitted does not show the Clark Road alignment and staff has recommended that the Clark Road alignment on their plans match the alignment currently being considered by the City. The second is that a land use plan determined to be a non-substantial alteration to the conditions that city commission places tonight be presented again to city commission for verification. The third is dedication of Clark Road 90 days from annexation. Staff is also requesting sub- collector roads, the elements of which are to be determined by the findings of the City's master transportation plan. The developer may provide to Orange County School Board, in terms to be addressed by a developer's agreement, a fifteen acre school site consistent with applicable governmental regulations. The mininum living areas shall be defined by the pun Ordinance. Multi-family parcels will contain 50% open space. The total recreation acreage will be in conformance with PUD Ordinance. Commercial parcels shall contain no greater than C-2 type zoning uses. The building set-backs will be in conformance with the pun Ordinance. A traffic study is being required to be submitted with the development plans to determine the impact the development will have on existing infrastructure. Any multi-family unit exceeding one story shall be set back 100' from the Rose Hill subdivision. All multi-family buildings shall be set back 25' from the top of the bank of any retention area. Primary access to the commercial tract shall be determined when Clark Road is reserved or at development plan submittal whichever is sooner. Driveway cuts from all roads will be defined by PUD Ordinance. A 5' sidewalk shall be located in the Clark Road right-of-way and a 25' landscaped buffer shall be provided along Clark Road. Mr. Fieldman, representing the developer, said that they had worked diligently to satisfy the staff requirements so that the list of further requirements would be short. Mr. Fieldman also stated that after a meeting with the Rose Hill homeowners last week, he felt that some reasonableness is in order. The 3 major concerns at that time were: (1) The road from Clark Road to Good Homes Road - Mr. Fieldman said that, as they are currently having a traffic study done in that area to supplement the City's Master Transportation Study, they would like to wait on the resulting recommendations. (2) Buffering (brick wall and setback) They have no problems with the requested brick wall along the areas where the property abuts Rose Hill. On the question of set- - e Page 4 City Commission Special Session August 23, 1988 back, they intend to maintain the requirements of Orange County, i.e., 100' set back from the property line of a multi-family dwelling which is more than one story. (3) Location of ponds - The planning and zoning board was inclined to make a 3 way shift to move a portion of the single family over to the Rose Hill side to a low-medium density against a project known as the Hammocks, and to move the multi-family across to the west side. Mr. Fieldman said that they had understood that the City's goal was to have single-family along White Road and against the Hammocks and it would not be possible to achieve that goal and have single-family next to Rose Hill as well. He stated that the realignment of Clark Road will cause changes in their plan and would like to follow staff's recommendation to evaluate the situation and submit a land use plan. Mr. Fieldman said that most of the matters of concern brought up by the Rose Hill Homeowners will be covered by the PUD Ordinance, which they intend to comply with and he requested that the matters of zoning commercial PUD and residential PUD which they have requested be considered tonight. Mrs. Nancy Christman, Orange County Planning, 201 S. Rosalind Avenue, Orlando, 32802, noted that a letter from Ed Williams, Planning Director, regarding this case (their case number l1C-88) had been sent to the City and that she was present at the direction of the county commission to restate for the record the County's position on this matter. That letter is attached to the minutes and made a part hereof. County staff has a concern with the commercial zoning of SR 50 at Good Homes Road, as the studies done for the land use hearings in reference to the approved commercial development along SR 50 did not include commercial zoning at this site, but rather multi-family because of traffic concerns. Mrs. Christman indicated here that the City of Ocoee endorsed that study/plan when it was presented. Mrs. Christman stated that she was here also to represent the Rose Hill Homeowners as the county had approved low to medium density residences adjacent to their subdivision. Mrs. Christman also pointed out that the development is not substantially contiguous to the City, that the county had not made an issue of this but that the questions raised by those citizens should be considered in the decision that are made. Mayor Ison stated that the city officials had not seen the Highway 50 plan until it was published in the paper, therefore could hardly have been considered as to be endorsing the plan; however, Mrs. Christman's other comments would be considered in the deliberations. 4It City Manager Ryan pointed out that the intersections of Good Homes Road/Hwy 50 and Clark Road/Hwy 50 were both anticipated to be major intersections and so should appropriately be zoned commercial in order to satisfy the county's goal of placing commercial zoning at major intersections along that corridor. e e . Page 5 City Commission Special Session August 23, 1988 Mayor Ison stated that impact fees are about to become a reality and that he would have no objection to working with the county toward a formula that would provide some kind of revenue and profit as a joint venture. Mayor Ison noted again the letter from Rose Hill Homeowners.The president of phase 2 of that development, Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, spoke for the group. Mrs. Jacobs showed an aerial map of the proposed Clark Road and indicated that it did not seem to agree with the developer's plan. City Manager Ryan pointed out that the exact location of the road has not been determined, that it would come to the west end of the property and would be shaped like an inverted "Y". Mayor Ison explained that the property should be zoned first and then the traffic needs and locations of the roads can be determined. Mrs. Jacobs then listed the items noted in the letter for the benefit of those present. That letter is on file. Concerning the matter of the brick wall, Mr. Jerry Feinstein stated that they have no problem with the wall and would agree to having it anywhere except with single-family areas, but that their concern was rather with the requirement for buffers and the interpretation of buffers, and whether it was necessary to have walls and landscaped berms as well as the wall right next to one another. Mayor Ison said that, as it was obvious that the developer is willing to work with the neighbors, commission will hold off on a decision on the site plan until the Rose Hill Homeowners have a chance to see the plan. Mrs. Jacobs point number 3 dealt with intersection improvements and signalization and Mayor Ison assured Mrs. Jacobs that that would be a joint venture with the county. On point number 6 regarding square footage City Manager Ryan stated that the developers have agreed to observe the pun requirements which are less than Rose Hill Homeowners have requested. All the other points were easily agreed to. Mrs. Jacobs thanked commission for permitting her to speak and introduced Martin Kreidt, 1516 E. Lopez St., Orlando, who expressed concern about the alignment of the Clark Road right-of-way and wanted commission to commit to the approval of the plan. City Manager Ryan assured Mr. Kreidt that it has been handled through the developer's agreement and that it says that they will provide the right-of-way on Clark Road, wherever City says it goes. Mr. Kreidt's concern regarding the collector roads was that the people doing traffic studies might not be sensitive to the actual needs of the residents because of numbers and he continued to stress that if the studies regarding the sub-collector streets are not completed that City should hold off on the land use plan unless the City has a specific condition which ties down what City wants to do and then release that condition later, as the developer has a perfect right to not honor that if City gives a land use approval under the ordinance. Mayor Ison assured Mr. Kreidt that the developer's agreement covered the question, and that when the site plan is presented that point along with others mentioned by Mr. Kreidt would be dealt with. Mr. . Page 6 City Commission Special Session August 23, 1988 Kreidt asked what the minimum lot size will be as it is not noted. Mayor Ison said there had been several discussions for 60' lots but lot sizes will not be determined at this meeting. Mr. Kreidt asked that 750' homes not be put next to Rose Hill and Mayor Ison noted that the flip-flop had accomplished that already, and that 1200' homes would be next to that development. Mayor Ison then commended Mr. Kreidt for his presentation, and asked for the next speaker. e Mr. Kenneth Steffens, 989 Yellow Rose Dr, Orlando, who is a teacher at West Orange High School, expressed concern regarding school capacity. Mayor Ison said he has already met with school commissioners and staff to advise them of the need which already exists for a new high school, middle school and elementary school this side of Highway 50, not based on this particular project, but from growth already achieved. This Commission has pledged to cause developers to provide acreage for school sites which will be made available for that agency to consider. Mr. Steffens asked what will happen if road is not developed and Mr. Feinstein's response was that there's a brick wall and 100' buffer no matter what. Mr. Ron Ward, Rose Hill Homeowner's Association Phase 3, 1241 Red Dandy Dr., Orlando, stated that people all around are buying bigger homes (1600' and up). He asked that the developer seriously consider raising the minimum lot/house size. Mr. George Ruby, 1088 Red Dandy Dr., Orlando, asked that the flip- flop be clarified as he wants to see single family low density next to Rose Hill. Mayor Ison said that, as much as possible, the design would be single family against single family and low-medium density in place of multi-family. Mr. Harry Falls, 1248 Red Dandy Dr., Orlando, around builders and developers many years and density should be brought way down. said he has been he thinks high e The public hearing was closed. Commissioner Dabbs moved to approve the Lake Lotta Case No. 14R-88 rezoning to PUD subject to, and with the conditions of, those items agreed to by the developer here In the meeting, and agreed to under staff recommendations and incorporating those commitments agreed to with the Rose Hill Homeowner's Association. Commissioner Johnson seconded. Commissioner Bateman said that there are major questions raised by staff that need to be clarified: the amount and type of commercial land use and collector roads. A map of the City shows that Georgia Avenue is the dividing line and he supports the position of going one-half the distance and placing a collector road there to keep people off Highway 50. He stated that the request for commercial area is high, that it should be 10 . Page 7 City Commission Special Session August 23, 1988 e acres. Mayor Ison pointed out that the request conforms with our PUD requirements. Commissioner Bateman said that it is all right to go with PUD tonight with the understanding that they will come back with preliminary plans for approval as all the discussion makes the presented plans outmoded already. Commissioner Bateman further stated that the decision reached on this case will establish the policy for all the rest of development from Good Homes Road to Bluford Avenue. Commissioner Dabbs said that he had stated previously for the record that he wants very much to see the east/west connector road completed. Commissioner Bateman asked if approval tonight of PUD means that we are limited to minimum lot/house size. City Manager Ryan said that the intent is to observe each PUD and see what is suitable in each mix. He further stated that staff had extracted an agreement that not more than 25% of the total would be built at the minimum. Commissioner Bateman made several more leading remarks which prompted Mayor Ison to respond that this was a zoning hearing and the preliminary plans would be coming before the Commission at a later date to deal with. City Attorney Woodson stated that even if the ordinance were adopted without additional provisions it would really come into play when a revised preliminary plan is submitted. Commissioner Bateman finally admitted that he had posed all the questions so that everyone present would understand just that, because he felt that Mr. Kreidt's comments had caused some misunderstanding and he wanted it cleared up before anyone left the meeting. Mayor Ison called for the vote by roll call and the results were: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and no "nays." Motion passed unanimously. Mayor Ison advised those present that 10 years ago he stood in front of Orange County Commission representing homeowners and was allowed 1 minute to speak, and that is why he gives citizens an opportunity to be heard. RECESS AT 9:42 P.M. RECONVENE AT 10:01 P.M. - JEFFREY YEAGER - REZONING CASE NO. 15R-88 Mayor Ison described the property as a 24.5 acre parcel located on the north side of Highway 50 and east of Lake Lotta which is presented for a C-2 community commercial zoning district. Associate Planner Myers pointed out the parcel on the map, and Mayor Ison opened the public hearing. Ms. Myers advised that, in response to some problems that the Rose Hill homeowners had, staff had suggested that the north 8.5 acres be restricted to professional services as a buffer and the south 16.5 acres be zoned C-2. Mr. Yeager pointed out that he had recommendations, however, the total designated did not add up to 24.5 acres. no problems with staff acreage Ms. Myers had Ms. Myers said that the e Page 8 City Commission Special Session August 23, 1988 numbers were approximate and the ordinance would deal with legal description and would be accurate. Mayor Ison asked Mr. Yeager if he was aware of the road requirements and plans. Mr. Yeager replied that he was aware of the collector roads and he has no objection to that or the 6' brick wall but that he felt that berming was not necessary. However, he is not at cross purposes with homeowners. Mrs. Gretchen Jacobs spoke again quoting a memo with 8 items repeating those presented for the Lake Lotta Development, specifying a 6' brick wall with trees and an additional buffer if the professional area is backing up to their property. The list is attached to the minutes and made a part hereof. Mayor Ison said that the developer has agreed, since this development will be the eastern most entrance to the City, to make it far nicer than anything in the City so far. Mrs. Nancy Christman, representing Orange County, said that this is a location where the county supports commercial development. It Mayor Ison closed the public hearing. commissioner Bateman moved to approve the recommendation of staff in concurrence with the Planning and Zoning Board recommendation and incorporating those items agreed to with Rose Hill Homeowners. Commissioner Dabbs seconded the motion. A roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and there were no "nays." DAVIS, OGILVIE & PITCHFORD/(NOW GOODMAN) - REZONING CASE NO.16R-88 Mayer Ison opened the public hearing for case no. 16R-88 and Associate Planner Myers pointed out the 9 acre parcel located south of Highway 50 and east of Lake Lotta on the map and explained that the petitioner is requesting C-2 community commercial zoning. Ms. Myers advised that the Planning and Zoning Board recommends C-1 instead. Mr. Steve Fieldman, representing the developer, stated that he does not want to engage in an argument, but that they felt that C- 2 is a more appropriate use for the land. However, as the Commissioners are more familiar with the area and its needs, they would yield to Commmission's decision. II Mrs. Nancy Christman, representing Orange County, stated that this area lends itself more to multi-family and higher density family residential than to commercial zoning, as the County prefers to have commercial zoning at major intersections. Commissioner Johnson advised that this is an intersection on the western edge of the property. Mayor Ison pointed out that it is a clay road intersection, however, and a lot of clay road intersections on Highway 50 have gone by the wayside. . Page 9 City Commission Special Session August 23, 1988 Mr. Fieldman said that the parcel is only 9.5 acres and so is not large enough for amenity package. They have requested C-2 because that zoning permits you to have an anchor tenant. He also stated that he had been told that that intersection will not remain a mlnor intersection. Mayor Ison pointed out that along SR 436 commercial is on the highway with multi-family as buffer between the commercial and the lower density residential behind. He also noted that there is an element in the comprehensive land use plan that states that communities should get along with their neighbor. Mayor Ison encouraged the County to go along with commercial because recent history indicates there is a need for stores but multi-family places have clowns outside to invite people in to rent. e There were no further comments from the public, so Mayor Ison closed the public hearing. Commissioner Bateman moved to approve C-1 zoning for this parcel and Commissioner Hager seconded. A roll call vote was taken with Commissioners Bateman and Hager voting "aye" and Commmissioners Dabbs and Johnson voting "nay." Mayor Ison broke the tie with a "nay" vote, saying that he felt that the best use of the property is C-2. The motion did not pass. Commissioner Johnson moved to approve C-2 zoning for the parcel and Commissioner Dabbs seconded the motion, saying that it was for discussion only. Commissioner Johnson said that he believes that the corner is going to be bigger and he wants to see something other than a 7-11 go in. Mayor Ison said that C-2 will give the City an opportunity to get something "upper" there, possibly even a hospital. A roll call vote was taken with Commissioner Johnson voting "aye," and Commissioners Bateman, Dabbs and Hager voted "nay." The motion did not pass. e City Manager Ryan pointed out that the applicant had requested C-2 and Planning and Zoning Board and staff had recommended C-1. As both motions failed it would be necessary for Commission to take further action. Commissioner Bateman expressed concern for the size of the property, as after the setbacks were taken, plus the 25' buffer the remainder would be too small to use. Commissioner Dabbs asked what constraints would be in force if Commission reconsiders and applicant acquires more property. City Manager Ryan responded that they could not petition again until twelve months later for rezoning. He stated further, however, that the comprehensive plan amendment has been submitted zoning this area commercial and it would be possible to leave this until later to consider the options. Commissioner Dabbs moved to reconsider C-1 zoning. Commissioner Bateman seconded and vote was unanimous in favor. City Attorney Woodson advised that what is pending now is the motion by Commissioner Bateman to approve C-1 zoning. Roll call vote was: - . e Page 10 City Commission Special Session August 23, 1988 Commissioner Bateman, Hager, Johnson "aye," and Commissioner Dabbs "nay." Motion carried to approve C-1 zoning. REFORMED PRESBYTERIAN CHURCH - REZONING CASE NO.17R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 4.8 acre parcel on the map which is north of White Road and approximately 1/8 mile east of Clark Road and advised that the church is requesting R-1-A Single Family Residential Dwelling zoning. A church is permitted in this zoning as a special exception. Mr. Steve Dill, 81 Interlaken Rd, Orlando, 32804, spoke, but too softly for the clerk or the recorder to hear his comments. The public hearing was closed. Commissioner Bateman moved to rezone the parcel R-1-AAA. Commissioner Hager seconded for point of discussion. Commissioner Bateman said that his concern was for the surrounding property, as a church must request a special exception in either zoning, and R-1-AAA is in keeping with the neighborhood. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and no "nays." Motion carried. MOREMAN, SHEPPARD, MURRAY AND DAVIS - REZONING CASE NO. 04R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 27.58 acre parcel on the map. This parcel is located north of Lake Blanchard and east of Chicago Avenue, and petitioner is requesting R-3 Multiple Family Dwelling zoning for 26.58 acres and C-2 Community Commercial zoning for the 1 acre lying south of Maine Street. There were no representatives present and no comments from the public. Staff advised that petitioners were in concurrance with staff comments. Mayor Ison closed the public hearing. Commissioner Dabbs moved to approve per staff recommendation. Commissioner Johnson seconded. Commissioner Bateman said that the attached map shows Maine Street, but does not show Georgia Street. The recommendation is not showing what is already there and he has definite concerns regarding multiple family use. Mayor Ison pointed out that when the site plan comes in for review, the issue of drainage must be addressed. Roll call vote was Commissioners Dabbs and Johnson, "aye," Commissioners Bateman and Hager, "nay." Mayor Ison voted "aye" to break the tie. Motion carried. ANEMAR, INC - REZONING CASE NO. 05R-88 Mayor Ison opened the public hearing and announced that the commissioners may need to leave the table during the discussions but that he would not call for a vote while they were away. Mayor Ison then asked Associate Planner Myers to point out the 7.98 acre parcel on the map, and to explain any staff findings. Ms. Myers located the parcel on the map and explained that this parcel is positioned south of Silver Star Road and north of Lake Florence in a low density residential area. When Mayor Ison asked for the reasoning behind staff recommending R-1-A when the surrounding e Page 11 City Commission Special Session August 23, 1988 area is R-1-AA, Ms. Myers explained that that is basically PUD allows and the petitioner did not want to go through whole PUD planning process. what that Mr. Steve Dill, Developer, advised that he had petitioned for two other parcels requesting R-l-A and received R-1-AA. He said he wanted to sell smaller houses, not necessarily smaller lots. Mayor Ison closed the public hearing. Commissioner Bateman moved to zone the parcel R-1-AA. Commissioner Johnson seconded and roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and there were no "nays." Motion carried. tit YUSEF MOHAMAD - REZONING CASE NO. 06R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 8.44 acre parcel on the map. As Ms. Myers located the parcel she explained that the petitioner is requesting C-1 Neighborhood Shopping District zoning, however, staff recommends denying the petition, as commercial zoning at this location is not consistent with the land use plan. Commissioner Johnson moved to zone the parcel R-1-AAA. Commissioner Bateman seconded. Roll call vote was, Commissioner Bateman, Hager and Johnson, "aye," Commissioner Dabbs, "nay." Motion carried. WAYNE ATWOOD - REZONING CASE NO. 07R-88 Associate Planner Myers pointed out the 53 acre parcel on the map and explained that the parcel is located north of Lake Johio and between Johio Shores Road and Clark Road. Petitioner is requesting R-1-A Single Family zoning. e Mayor Ison opened the public hearing and Pat Barnette, 2525 Lake Johio Rd., stated that she owns adjacent property and has a question regarding the protection of the lakes. What happens to the property below the 100 year flood plan? Mr. Atwood responded that you cannot build on that portion. Mrs. Barnette then asked what happens to property below any lots to the lake. Mr. Atwood said that none of the property can be sold beyond the water line which is spelled out in metes and bounds descriptions. Mrs. Barnette expressed her concern with the pollution of the tiny lake by overbuilding. Mr. Leon Yates, 2807 Lake Johio Dr., pointed out that a neighbor has been paying taxes on the lake bottom because his legal description includes it. Mayor Ison said that this is a zoning hearing and the question of who owns lake bottoms, etc. was not a matter to be dealt with at this hearing. He then closed the public hearing. Commissioner Bateman expresssed concerns regarding the recommendations of staff to one R-1-A as that is too heavy. He felt that R-1-AA for the bulk of the parcel and R-1-AAA next to the lake would be more appropriate. Mr. Atwood said he would have no problem with R-1-AA as he would like to retain the square footage required there. There was considerable discussion during which City Attorney Woodson e Page 12 City Commission Special Session August 23, 1988 explained that the simplest way to deal with this would be to have PUD zoning, because that way a preliminary plan would be brought before the Commission. commissioner Bateman moved to rezone the parcel to R-1-AAA. Commissioner Hager seconded. Mr. Atwood said he was not worried about the specific zoning because he intends to make the lakefront lots 10,000 sq. ft. There continued more discussion about lakefront lots extending into lake bottom and density. Roll call vote was: Commissioners Bateman and Hager, "aye," Commissioners Dabbs and Johnson, "nay." Mayor Ison voted "nay" to break the tie. Motion did not carry. Commissioner Johnson moved to table this matter until August 30th meeting. Commissioner Dabbs seconded. Mayor Ison cautioned Mr. Atwood to return to that meeting with a map showing the lots. A straw vote was taken on whether to require R-1-AAA or 80'frontage for the 10,000 sq. ft. lots. The consensus was 80' lot frontage. The matter of public access to the lake was brought up and Mr. Atwood agreed that he could arrange public access to the lake, not a park, and not to be maintained by the City. The vote on tabling the issue was unanimous in favor. e LAKE BLANCHARD PARTNERSHIP - REZONING CASE NO. 08R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 15.88 parcel located north of Lake Blanchard and east of Richmond Avenue. petitioner has requested C- 2 Community Commercial zoning for this parcel and staff concurs. Mr. Bruce Mylrae, 608 E. Central Blvd.,developer, stated that he was present to answer any questions. There were no comments from the public and the public hearing was closed. Commissioner Bateman moved to approve the petitioners request for C-2 zoning and Commissioner Dabbs seconded. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and there were no "nays." e E. H. CROW - REZONING CASE NO. 09R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 10 acre parcel on the map. Petitioners are asking for R-1-A Single Family Residential zoning for this parcel which is located south of Marshall Farms Road and east of Windermere Road. Staff concurs with the request. Mrs. Ann Crow, 8591 Lake Florence Blvd, Orlando, 32818 was present to answer any questions. The public hearing was closed without comment from the public. Commissioner Dabbs moved to approve petitioners' request for R-1-A zoning. Commissioner Johnson seconded and roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and no "nays." ROGER FREEMAN - REZONING CASE NO.10R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 11 acre parcel on the map. Ms. Myers explained that petitioner is requesting I-2 General Industrial e e It Page 13 City Commission Special Session August 23, 1988 zoning for this parcel which is located west of Ocoee-Apopka Road and 1320 feet north of Ocoee-Crown Point Road. However, staff recommends I-1 Restricted Manufacturing and Warehousing zoning. Mr. Roger Freeman, 151 Silver Star Road, Ocoee, explained that the highest and best use for the property is I-1 as he is requesting. Mrs. Nancy Christman, representing Orange County, expressed the County's concern of placing industrial next to residential for this case as well as the next one. Mr. Freeman explained that he did not intend to bring in heavy industrial, but rather light industry, well landscaped. There were no other citizens present who wanted to speak. Mayor Ison closed the public hearing. Commissioner Bateman moved to approve I-1 zoning. Commissioner Hager seconded and vote was unanimous in favor. Roll call vote was: Commissioners Bateman, Dabbs, Hager, and Johnson "aye," and there were no no "nays." ROGER FREEMAN - REZONING CASE NO. 11R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 5 acre parcel on the map. Ms. Myers explained that this parcel is located east of the Ocoee-Apopka Road and 900' north of Ocoee-Crown Point Road and petitioner is requesting I-2 General Industrial zoning. Staff and Planning and Zoning Board both recommend I-1 zoning. Mr. Freeman said that he is agreeable with whatever the City requires as this will be the first piece sold and developed and he wants a first class development to be here. Mayor Ison read into the record Mrs. Nancey Christman's objection on behalf of the County for putting industrial next to residential just as in the previous case. Mr. Freeman advised that 50' buffers were to be used as well as 6' walls and whatever other requirements the City has. Mayor Ison closed the public hearing as there were no citizens who wished to speak. Commissioner Hager moved to approve I-1 zoning subject to buffering and a concrete masonry wall to be approved by Commission. Commissioner Dabbs seconded and roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and there were no "nays." PEARL TERRY - REZONING CASE NO. 12R-88 Mayor Ison opened the public hearing and asked Associate Planner Myers to point out the 20 acre parcel on the map. Ms. Myers explained that the property is located south of Geneva Street and east of B.C. Terry Road and petitioner is requesting R-1-AA Single Family Dwelling zoning. Mr. Lou Roeder, with Phoenix Development was present to answer any questions. As there were no comments by the citizens the public hearing was closed. Commissioner Bateman moved to approve R-1-AA zoning. Commissioner Johnson seconded. Roll call vote was: Commissioners Bateman, Dabbs, Hager, and Johnson, "aye," and there were no "nays." e e e Page 14 City Commission Special Session August 23, 1988 PHOENIX DEVELOPMENT GROUP - REZONING CASE NO.13R-88 Mayor Ison opened the public hearing for this case and asked Associate Planner Myers to point out the 196 acre parcel on the map. Petitioner requests PUD zoning for this parcel located north of Moore Road and on either side of Maguire Road. Staff has a 14 item list for consideration before approval is considered. Mr. Roeder stated that the developer is in agreement with the staff recommendations subject to clarification of Item #2, which states that 50% of the gross land area in each multiple family parcel shall be open space. Their question is, "Does that 50% include retention ponds?" City Manager responded that it does. Another point to be clarified is Item #6 which states that a traffic study shall be submittd prior to Development Plan approval and specific requirements shall be incorporated into a Development Agreement. If that means a future development agreement, they have no problem. Ms. Myers said that it was a typo. Mr. Roeder asked for clarification of Item #14. Ms. Myers explained that this was a provision to assure that Commission would have an opportunity to verify that any changes agreed to at this meeting would be incorporated in the final plans. Commissioner Bateman went back to Item #8 which deals with Homeowner's Associations. Mr. Roeder explained that there is one master homeowner's association over the entire PUD, which has the responsibility of enforcing the design criterias which are above and beyond the City's criteria of setbacks and square footage. It will be up to each individual group to set up a separate sub-association to allocate its individual cost. Mayor Ison mentioned a special taxation unit for maintenance of retention ponds which he hopes to put into effect. Mayor Ison asked if the acres of park sites add up to enough to satisfy the city's requirements and Ms Myers said that they do. Mrs. Nancy Christman, representing Orange County, pointed out the County's position is that it opposes commercial and high density residential uses on Maguire Road, south of the Turnpike. A low density residential development would be more consistent with the character of the area since it could serve as a transition between the County's rural service area and the higher densities within the City of Ocoee. The proposed densities are premature in this area and there are more appropriate locations within the City for the proposed uses and densities, such as State Road 50. The rezoning is inconsistent with the County's land use designation of one unit per two acres. The approval of this project would be inconsistent with the purpose and goals of a Joint Planning Area Agreement. The County strongly urges the City to limit this development to low density residential uses. Commissioner Bateman asked Mr. Roeder if the land use plan showing a 5,000 sq ft lot with 50 ft frontage was a typo. It is important to Commission to match the requirements made of Heller Bros., with the minimum lot size of 9,000 sq. ft., net lot width 75 ft. and a net living floor area 1,400 sq ft. Mr. Roeder responded that they e Page 15 City Commission Special Session August 23, 1988 e could use the same as they have across the street with 4 units per acre, 8,000 sq. ft. net lot size, and 1,600 sq. ft. house. Dr. Jim Ferdinand, 2000 Mercy Dr., said that they will need to get more multi-family units on the south side if they are going to give up small units in the west side. Commissioner Hager pointed out that the living area of 650 ft does not meet PUD requirements. The new PUD requires 750 ft. Mr. Roeder proposed that averaging the sizes would net larger than 750 ft. because some of their split masters are quite large. Mayor Ison went over the list of changes on the land use plan and, after Dr. Ferdinand requested consideration, determined that Parcels A and B must both be reduced to 15 units per acre and be 750 ft, Parcel C reduced to 183 units and raised to 8,000 sq. ft. with 70 ft. lot width, and 1,600 net living floor area. City Manager suggested that the decision on the number of units may be delayed until another time, but the consensus was to proceed. At the end of revision session the total units numbered 955, which is a 23% reduction in number of units. City Manager Ryan pointed out that was $717,500 less in sewer connection fees. Commissioner Bateman moved to approve the rezoning to PUD on the Plantation Grove plan dated August 19, 1988 subject to the changes just made. Commissioner Dabbs seconded the motion. Roll call vote was: Commissioners Bateman, Dabbs, Hager and Johnson, "aye," and there were no "nays." Motion carried. e PRELIMINARY SUBDIVISION APPROVAL - THE HAMMOCKS Mr. Roeder passed out diagrams of B.C. Terry Road, a platted 60' road, showing the 60' south of the utility site as vacated by separate agreement and an existing 15' clay road serving 4 sub- standard houses and the Southern Bell unit. Mr. Roeder presented two possibilities in surfacing the road: (1) paving the full sized road and ending in a cul-de-sac and (2) vacating the east 30' and putting a 16' paved road on the remainder to serve the existing buildings. Developer is requesting the City to vacate the east 30' of the remaining roadsite, and would be willing to pave the remaining west portion of B.C. Terry Road, providing a 16' paved service road for those existing units. Staff had pointed out that if those parcels west of the center belonged to a single owner who requested annexation into the City and subsequently requested subdivision, the City would require that a road be paved and the remaining 30' would not be adequate. Mr. Roeder stated that was highly unlikely but that the proposed new developer could supply the additional footage to provide for a road right-of-way should the need arise. He further stated that vacating the east 30' would enable them to incorporate it in their phase I, and although it would not provide any more lots in their plan, it would allow a 90' right-of-way instead of a 70' right-of-way, making a more elegant entry to the project. The plan was to design one lane in and two lanes out with a divided median and a dummy guard shack. A lengthy discussion ensued during which Mr. Finch quoted the code which precludes half-roads. . II Page 16 City Commission Special Session August 23, 1988 City Attorney Woodson said that the matter before the Commission is a request to approve preliminary subdivision plans as submitted, and that Assistant City Manager Finch was telling the Commission that if they approve the plans as submitted there will be considerable problems resulting. Mr. Woodson said that option number one is to approve the submitted plan with the change showing five lots instead of six. Mr. Woodson did not finish the statement, however, as Mr. Finch, Ms. Myers and Mr. Roeder entered into a vigorous discussion regarding the purpose of the annexation of B.C. Terry Road, the facts regarding which other developers had been required to pave adjacent or nearby roads when developing, and the fairness of the City's requirements of developers, etc. Mayor Ison asked for a motion to table the issue. Commissioner Bateman moved to table the consideration for approval of the preliminary site plans until September 6 regular meeting. commissioner Hager seconded and vote was unanimous in favor. Mayor Ison enumerated the points to be resolved: (1) It is necessary to adhere to the subdivision regulations, (2) The adjacent property owners to the west are not a part of the negotiations, and (3) The question of vacating southward must be determined. Mayor Ison advised that this is the seventh instance where people have not been able to get the information they need from City Hall or PEC in order to resolve the problems before coming before the Commission, and if we are so far out on major issues the matter should not appear on the agenda. Mr. Finch said they have addressed every other comment on the reviews and that this is the only outstanding matter. Mayor Ison said there is one other matter and that is sewer vs septic tanks. Dr. Ferdinand immediately stood and said that if the City requires sewer rather than septic tanks there would be no development of this project. The consensus was that it makes sense to use septic tanks where possible (large lots that perk well) and save the sewer capacity where it better serves the City - in commercial development. Mayor Ison took a straw vote on the preference of septic tank over sewer and the vote in favor of septic tank was: Commissioners Dabbs, Hager and Johnson. City Manager Ryan advised that there is a need for sewer connections now to balance out the debt service. Commissioner Bateman said also that at a later date and earlier in the evening it would be appropriate to debate the matter of perking septic tanks, as the ones in Harbour Highlands are not perking well and they flow directly into Lake Lotta, from there to Lake Rose and back into Lake Sherwood. Mayor Ison called for a vote on the motion to table until September 6, 1988 and the vote was unanimous in favor. ADJOURNMENT The meet~ng adjourned al~2:00 a.m. ATTEST: ~ k Jl~ 6ity :e~~ _ _ 0Le~ Mayor Ison I ;lii ~......,'~ ..... J.-= -",-. i_Tv: I ; 11"<0;<: .3 ~ i)..J e c t : i t , r I : i ~ I f i i c I I 1 I I ! t. i I ~ . r i i I I I I I i I I I l 'CC I I I ! 1"':I"':JRi.NCU~l Adendum to Minutes of Special Session 8/23/88 Ocoe~ C1ty Ccmm1ssion ;;'o;;e hill Ph;l!:.,S I, nC.T,:?Ou.n.?r II, III. 5 :'SSOciOlt1ons, L .:.1< e Case LottZl ~td. No. 14R-6S PUC Razorin; ~ ~i te: 22, ~U;ju:ot 10180 ~~~::>:::;ttully conoitions: r~q~est ~~proval of tnis a~plicatlon subject ~o the follcwin~ 1. Construct crick u.~ll, SlX teet 1n helght, along ~ose Hill Subdivis10n bcunoary UJlth tr€::s, 25 f.:et 1n ne1;;ht, ple,nt'?d every z,g feet, followed :mm~dl~tely to t~e seuth by ~, landscaped, irrlgated earth Ourm. M~nd~tory l~~cscape ma1nt~nance is to be the res~onslbility of the developer. 2. Align proposeo ~ast-west s~ocollector road lmm~diately south ef Rose Hill subdivis1on, sUD..Ject to above concition. Additionally, construct sidewalk T:ve feat in u.idtn along north and soutn sid~ of subcollector read. :3 . Mandatory intersectien i~~rovements u.here suocollector meets Good Home3 Koao ;lnd traffi~ li;;ht at Geed Homes ~oad and ~hite Road to allow Rose Hill re51C;gnt~ s~fe ~ntrance and egress from Good Homes Road dur1ng pe~k traffic nours. Tnere snEll t& no dewiloprren1 b8t~e~n subcollactcr re~d ~nd ~ose Hill. ) . ~dd singlG-t~~lly low density residenti~l land use in e~st-center p~rcal na1~hbor~ood, b~t~een ClarK Ro~o ~nd Rose Hill subdiv~sion, bordered by 5ubcollector roao on the south. L1m1t lots along the ~as1ern bou~d~ry of tnis ~~rcal to a rr1nimum ot 7,500 squ~re feet in area ~nd all homes to be a rr.1nl"',"~1 cf 1,tJO 5ql..~re tOlet liveli1bh floor ~r&a. t!oAJ.'Sf\JJf!r 01tcl'" 5,\.l(!l('-VA~ ~. Increa5~ m1nimum req~lred residential square footage ~s follo~s: S r L J ~, in. 1, 6 0 0 s. f. ( 1--00 L ,.~ ;:: ~ in. 1,.. C C s. t. I 1)0;) r~ 1= ,.\ ~ rr 1 n. 1, 0 C C s. f. 7 ,"0 7. Improva intarsacticn of Geod ~ome5 Road ~nd S.R. 50. ~ll dump:ters ano tr~sh cclle~t~on are~s ~ust be contained in enclosures architacturally conSlstent ~ith accompanying land improvements. O~mpsters ~ust be equl~ped ~ith com~actors. "1. Construct slce~~lK' tive feat in ~idth, along the south sioe of White Road. ~~-------------- Gr~tcnen J:.cobs Pres. Kose Hill Homee~ner's Assoc. Fh~se II rial i1~rston Ed Willlarrs