HomeMy WebLinkAbout11-01-88 SS
AGENDA 11-15-88
ITEM III B
MINUTES OF THE SPECIAL SESSION OF THE CITY COMMISSION HELD ON
TUESDAY, NOVEMBER 1, 1988
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The meeting was called to order by Mayor Ison at 6:30 p.m.
PRESENT: Mayo'r~ Isoy" Cc,mmissioYlers Johy,sOYI, Dabbs, Batemarl,
and Hager, Acting City Manager Finch, Assistant City Attorney
Woodson, Planning Director Behrens, Associate Planner Harper,
City Clerk Grafton, and Deputy Clerk Resnik.
ABSENT: NCly,e.
PUBLIC HEARINGS ON DEVELOPMENT AGREEMENTS
Mayor Isc.y, said the first item o\'", the agey.da regardiy.g the
RCA/Lake Lotta petition was rescheduled and would take place
at the Cornrnissic.y, Meetiy,g OY. Novernber 15, 1'3BB ay,d would be
the first item under Old Business.
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Jeff Yeager, Trustee, Case No. l1A-88
Associate Planner Harper described the property as
a 27 acre parcel located immediately east of the Lake Lotta
proJect at Good Homes Road and S.R. 50. He said staff
recornmey,ded approval subJect to the st ip'..\lat ioy.s iy, the
Development Agreement. Commissioner Dabbs said he did not
receive ay, Exhibit C i..... his packet. Assistay,t Attory,ey
Woodson said he had received it only recently himself and
that was the reasoy, it was y,c.t iy,cluded iy. the packets.
AttorYley Wc,odsc,y, said he had received a request from the
Developer to put additional languag~ in Section '3 in the
Development Agreement. Commissioner Bateman said he felt the
language was sufficient and that the City should not restrict
itself further since there was no final master plan at this
tirne and something could corne up that the Commission would
want to modify. Commissioner Dabbs said the last sentence in
Section '3 would allow for such modifications.
Mayor I SOl'I asked Attory,ey Woc,dso...., whether the City shc,uld
consider this language. Attorney Woodson said he felt the
language would be redundant, but that he would not mind
stating it a second time if the Commission so desired and on
the other hand, did not feel it was necessary if the
Commission had discomfort with it. Mayor Ison said he did
.....Crt waYlt tCI cCll'"Isider the la....'guage a.....d Commissio.....er Bat ern a....,
agreed. Commissioner Hager did not see any point in adding
the language if it was redundant. Commissioner Dabbs said it
was already in the agreement so the Developer should not feel
any degree of discomfort.
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Mayc.r Isr':'YI opey,ed the public heari....,g fc.r cornrne.....ts. GretcheYI
Jacc,bs, '3127 Queey, Elizabeth Court, Orlay,do, who represented
Rose Hi 11 Phase I I Hc,mec'lfmer's Associat io...." said they wa.....ted
the Corllrlli ssi e,l', to cc,.....si der fc,ur items as st i pul at iOT,S tot he
agreement. Ms. Jacobs said the Rose Hill homeowners wanted a
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Special Session Commission Meeting
November 1, 1988
brick wall cC'YrsisteYlt with that curreYlt ly located at the
north and east boundaries of the Rose Hill subdivision to be
CC'Ylstructed betweeYI Rose Hi 11 aYld the plaYIYled developrne....lt.
She said c...... behalf of the horneowYlers that they felt strongly
abc.ut this a....,d hoped it could be writteYI iYlto the agreeme....lt.
She said they also wanted parking lot lighting to be directed
away as much as reasonably possible from the Rose Hill
subdiviSiC'Yr. The Bc.ard of Directors of all the RClse Hi 11
Horneclwy,ers' Associ at iOYIS also requested that they be showy,
the preliminary site plan before it came before the
Cc.mmissic....., fc.r approval. Lastly, if aYI east-west
subcollector road from Good Homes Road to Clark Road was
built in the future, Rose Hill horneowners wanted a five-foot
sidewalk to be constructed along the north side of this road.
Ms. Jacobs also stated that the Rose Hill homeowners were
happy with the communication they had with the Commission so
far and hoped it could continue.
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Mayor Ison asked Attorney Woodson if the items Ms. Jacobs
discussed were apprc,priate for the Development AgreerneYlt or
if they should be included in the plan review process.
Attc.r....'ey Woc.dsOYI said the Cornmissic'YI could load as much or as
little iY,tc. the Develc.prneYlt Agreement as they desired but
that they might regret putting everything into the
Develc.prney,t AgreemeYlt later oy, if they wanted tc. Modi fy
sc.methi y,g. Mayor Isc.y, directed Attory,ey WoodsOYI to add aYI
Article to the Development Agreement with a summary of the
stipulations Ms. Jacobs listed (See attachment to Minutes>.
The City's Consulting Engineer, Torn Kelley, of ProfessioYlal
E....,giY'eeriY,g Cc,y,sultaYlts (PEC>, approached the CornrnissioYI
about Exhibit D, Items 3 and 4 which he believed should be
rewritten to state more clearly the obligation of the
Develc,per to rnake cO....'Ylect iOYIS and purchase capacity aY,d to
live up to the coY,ditic,y,s iYI the City's water aYld wastewater
capacity sale documents.
Jeffrey Yeager, 2630 Via Tuscany, Winter Park, the Developer,
asked fc.r cl ari ficat iO....1 of the st i pulat iOYIS to the agreemeYlt.
Mayc.r Iso...., said the 1 ist iy,cluded those items c,y, the haYldout
frorn Ms. Jacobs. Mr. Yeager said he had a copy of that
ha.....dout. There were YIO further cc,mmey,ts from citizeYls or
Commissioners and Mayor Ison closed the public hearing.
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BML Investments/PRN/Jerome Feinst.in, Trust..
Associate Pla....'Y'er Harper described the property as a 3.8 acre
parcel located approximately 1/2 mile west of Johio Shores
Road, southeast c,f Spri ....Ig Lake. Mr. Harper said st aff
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Special Session Commission Meeting
November 1, 1988
recommended approval sUbJect to the stipulations contained in
the Development Agreement.
Planner Harper said staff also wanted the Commission to
cc.y,sider mergi....,g this tract with several "outparcels" of the
Atwood Development located to the east (07R-88) which he said
was prese....'t ly l..\l"Ider review by the Develc.pme'l",t Revi eM
Cc~mittee. The Atwood Development "outparcels" are stated as
recreational areas on the Preliminary Plat. Planner Harper
suggested to the Commission that this 3.8 acre parcel be
cornbiy,ed with the "outparcels" created by the realignme'l",t elf
Clark Road. He said this would create a big park area with
access to Spriy,g Lake. Mayor Ison took a straw vote clf the
Cc.rnrnissicl...., a....,d they all agreed to cO'l",sider such a plan.
Tom Kelley of PEC said for the record he wanted to voice
simi lar cornrne....'ts to those he made earl ier 0....' this Developrne.....t
Agreerney,t as well. 1...., this docume.....t, he noted the areas
'f"eedi.....g revisic....., were Items 15 a....,d 16 i..... Exhibit B. He
recommended that similar language be incorporated in all the
Developme....'t AgreemeYlts I..lY,der ccl....,siderat io....,.
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Acting City Manager Finch said Exhibit B, Item 10, needed to
be revised to state a 35-foot building setback line rather
than a 25-foot setback line to comply with the City Code.
Steve Fieldman, legal counsel for the Developer, asked the
Commissicl...., for clarificatio'l'" of Tom Kelley's comrne....'ts. Mr.
Kelley said he was recommending to the City to include
language in the agreements with respect to those obligations
clf the Develc.per regardiy,g sewer a....,d water OY. the issues of
oy,-si te faci 1 it i es, oversi zing of ma ins, etc.
BML Invest "'1",1;5
Assclciate Pla....''I'''er Harper descri bed the property as a 24.5
acre parcel located within the S.R. 50 corridor in an area
characterized by new commercial development to the west and
north of the site. Mr. Harper said approximately 1/2 the
property was lake. He said because the area was known for
its natural beauty, Sections 2.1 and 2.2 both addressed
prcltect ic.'I'" of the .....atural features. He said staff
recclmrne....,ded apprclval of the pet it ioy, subJect to a.....y
stipulations in the Development Agreement.
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Cc.rnrnissioy,er Dabbs said he way,ted tCI make sure that staff
Y',c.t have a.....y adve.rse react i c...... to Sect i 0'1". 2. 3 where
discussed vacating road right-of-way. He said he wanted
make sure that this would not come back to haunt the City
the future.
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Spec i a 1 Sess i Ol"I Comm i ss i 0l"1 Meet i l"lg
November 1, 1'388
Davis, Ogilvie & Pitchfo~d, Ca.. No. 12A-88
Attorl"ley Wc.odsol"1 asked that no discussiol"1 be takel"1
item. He said the Developer was in the process of
combine parcels. The item was pulled indefinitely.
or. this
tryi l"19 to
Phoeni~ D.velopm.nt G~oup, Ca.. No. 07A-88
Associate Planner Harper described the property as a 196 acre
tract located l"lorth of RobersoYI ar.d Moore Roads ar.d 0'1". either
side of Maguire Road. Planner Harper said part of the
prc.perty was located outside the Joint Planrtll"lg Area (JPA>
al".d apprc.val wC'I..,ld be subJect to rnodificat ior. of the JPA.
Mayor Isorl said the City l".eeded to set a meeting with Oral"lge
County to discuss this. Staff recommended approval subJect
t c. st i pI.., 1 at i C'l".s i l", the Deve 1 oprnel"lt Agreernerlt al".d rood i f i cat i 0l"1
of the JPA. Plarll".er Harper added that Oral"lge Courlty Plarmi .....g
Departrnel"lt staff review cc.rnrnerlts were riot favc.rable 0'1". this
proposed developmel"lt but that City staff did r.ot share the
County's concerns.
Attorl".ey Wc.c,dso....1 said he had some ....Io....lsubstal".tive chal".ges that
the Developer requested and that he would incorporate the
apprc.priate chal"lges irl tirne for the l"le~t rneetir.g.
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Commissioner Dabbs again wanted to point out that he was
missing Exhibits Band C and would need to see all of these
Exhibits that were missing frorn his packet before he was
asked to cast a final vote.
Moreman, Sheppa~d, Mur~ay, and Davi., Ca.. No. 03A-88
Associate Planner Harper described the property as a 27.58
acre parcel located south of Seneva street between Chicago
and California Avenues. Planner Harper said staff
recomrne.....ded approval subJect to drail"lage irnprovernel".ts which
would have the Developer develop the site with sensitivity to
Lake Blanchard and to provide adequate access to the
prc,perty. Cornrnissiol".er Dabbs wal"lted staff to krlow for the
record that he was missing both Exhibits Band C.
Anema~, Inc., Ca.. No. 25A-87
Attc.rney Wc,odsc.l". asked the Comrnissiorl to pull this item f~ort
to....tight's discussiol"l. He explail"led that the Develope~ had a
contract pending with another Developer.
Skyl.~k Ventures, Ltd. (Wayne Atwood), Ca.. No. 30A-87
Associate Pla..........er Harper described the parcel as a 55. 1 acre
parcel located north of Lake Johio and between Clark aY~
Johio Shores Roads.
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WaYl"le Atwood,
the Developer,
approached the Cornrnissiol".
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Special Session Commission Meeting
November 1, 1988
regardirlg the last serlterlce of Sectior, 2.2 orl Page 4. He
asked whether there was an ordinance requiring the 100 fc,ot
setback from the lake in refererlce to clearirl~lh gradi\",g, or
other corlstruct ion. Attorrley Woodsor, said there was rlo
c.rdirlarlce requiri\"lg the 100 foot setback but staff felt it
appropriate to be ir,ch\ded ir, the Developmer,t Agreemer,t sir,ce
the Commission had expressed a strong desire to protect the
lakes in the City.
Actirlg City ME\YIager Firlch arid Torn Kelley also wa\"lted to poi\",t
out that this 100 foot reference pertairled to the high watel"
level. Mayor 1 sO\", suggested that Attor\",ey Woodsor, add
language to make that more specific and state that buildings,
rete'l'"ltio'l'"l por.ds, a\",d other thi'l'"lgs would \",ot be allowed i'l'".
this 100 foot area. The Commission agreed that the 100 foot
area was a good idea a'l'",d a good way to prc,tect the lakes.
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Mr. Atwc.od also asked about a sey",terlce ir, Sect ior, 2.12 on
Page 7 regardiY"lg the title beiY'lg free of er.curnbramces "i\", a'l'"l
amo...mt to cover the value of the property aftel"
i rnprc'Verne'l'"fts". At-t;c,rr,ey Woodsorl said that it was a
typographical error and the phrase got repeated again as it
was only rneaY',t to appear earl ier i'l'"l that se\",ter,ce. He said
he would revise it ir. time foY' the rlext rneetirlg.
Mr. Atwood alsc. asked for clarificatioY'1 of the iY',teY',t of
Section 2.14 on Page 7. Attorney Woodson said the stormwatel"
facil ity beY',efit area Y'efeY'red strict ly to taxiY'lg issues aY'ld
that the Developer would Y",ot be required to bui Id addit ioY",al
stormwater facilities once those facilities were in place.
Mayor 1 sOY', aYld CornrnissioY',er Dabbs agreed that this was a gc,od
questic'YI brought up by the Developer aY'ld that the lay,guage
should be modified to clarify the point.
Mr. Atwc,c,d also asked whether Sect iOY'1 2. 16 0'(' Page a y,eeded
to be revised siy,ce he had a mortgage oy, his property.
Attory.ey Wc,odsoY'1 said it would Y'IOt preseY'lt a'(,y problem with
him still holding a mortgage on the property.
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On Page 8, Section 2.18, it was also noted that there was no
foot amc.uy,t speci fied for the ri ght-of-way dedicat iOYI fol"
Clark Road. Acting City Manager Finch said the agreement
would need to stipulate 100 feet. Mr. Atwood said he would
dedicate the 100 feet of right-of-way but asked the
Commission if he could lessen the 50 foot building setback
since, combined, he felt he was actually donating 125 feet of
right-of-way. Acting City Manager Finch said the 50 foot
setback was staY',dard for arterial roads ay,d that the
Developer would be required by ordinance to adhere to that.
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Special Session Commission Meeting
November 1, 1988
Also
Mr.
said
y.ext
on Page 8, in Section 2. 19, regarding the traffic study,
Atwood questioned the traffic impact fees. Mayor Ison
Attorney Woodson would refine that Section before the
meeting and get back with the Developer.
Lake Blanchard Partn.r.hip, Ca.. No. 08R-88
Associate Planner Harper pointed out the location of the
property OYI the map. PlanYler Harper !Said there were 5c.rne
draiYlage arid paviYlg improvemerlts needed arid staff recornmerlded
approval subJect to those stipulations in the Development
Agreernerlt arid that the site be develclped with serlsitivity to
Lake Blanchard. It was noted that there were some exhibits
rnissirlg frc.m the packets aYld mOYletary arnouy.ts still Yleeded to
be completed within the agreement. Commissioner Dabbs
commented on the clearing and grading language in the
agreement. Acting City Manager Finch said the language was
stroy.ger thaYI that iYI the subdivisiorl ordirlaYlce. AttorYley
Woodson said that Rick Merkel of PEC prepared a draft for a
revised subdivisioYt ordiYlaYlce that would be cornirlg before the
Cc,mmissioy. iY. the Ylear future.
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Cc,rnrnissiclYler Dabbs for the record 8gaiYI called atteYltioy. to
the City abaYldc,YriYlg the right-of-way. He said he wanted to
make sure staff did not think that would cause a problem in
the future.
Mayor I SOYI sa i d
advert ised for a
ameYldrneYlt, the
hear i Ylg ay.d they.
although it was 7130 p.m. and the City had
public hearing on the Sign Permit Ordinance
CommissioYI would complete the preseYlt publ ic
move on to the other.
Roger Freeman, Ca.. No. ~A-88
Associate Planner Harper described the property as an 11 acre
parcel located on the west side of Ocoee-Apopka Road
approximately 1700 feet Ylorth of Silver Star Road. Staff
recomrney.ded approval subJect to the !St ipulat iOYIS iYI the
Developrnent Agreement.
ReIger FreemaYI, 151 W. Silver Star Road, said Item 1 OYI Page 1
would need to be rewritten since he held a mortgage on th.
property. Mr. Freernay. al so asked about Sect iOYI 2.3 OY. Page
4. He asked the Comrnissiorl to chaYlge the wordiy.g to three
access poiYlts rather tharl two as was preseYltly irl the
agreemey.t. Mr. FreernaYt said there was 600 feet of fror.tage.
Acting City Manager Finch said three access points would be
too many for a piece that size since staff recommended a
rnirtirnlun of 250 feet betweey. such roads. Mr. Freemarl asked
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Special Session Commission Meeting
Novernber 1, 1988
whether the City would guarantee that he would have two
access poiYlts. Staff poiYlted out that the agreemerlt, as
written, called for two access points.
Mr. FreernaYI quest iOYled Sect ioy, 2. G 01"1 Page 5 where the
refererlce to sewer capital charges stated .2,500 per
equivaleYlt residential Uylit. He woy,dered if that was a
figure that we.uld y,ot charlge arId suggested the larlguage be
clarified to protect both the City and the Developer.
It was also Yloted that Sectiorl 2.12 or, Page 7 y,eeded to be
revised to ince.rporate layq;;!uage pertaiyd.....g to mortgage
holders. Section 2.16 on Page 8 also needed similar
revisioYls. Mr. FreemaYI also way,ted to Ylote that he did Ylot
yet have plans draw..... up for the property and wanted to revise
Section 5 on Page 9 to deal with the fact that Exhibits Band
C would be forthcoming.
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Roger Freeman, C..e No. 06A-88
Associate Planner Harper describ~d the property as a
acre parcel located on the east side of Ocoee-Apopka
apprc.ximately 900 feet rlorth of Silver Star Road.
rece.mmeYlded approval subJect to the stipulatioy,s iYI
Developme.....t Agreement.
five
Road
St a f f
the
Mr. Freema..... had simi lar comme....'ts for this Developmer,t
Agreeme.....t. 11'" Sect i 01"1 2. 3 01". Page 4, Mr. Freemay. req I..lest ed
the CommissioYI to approve two access points rather tha....' the
one that was stated in the agreement. Acti.....g City Manager
Fi.....ch rece'mme....,ded that the Cornmissio....1 use the language .'at
most two access points" a.....d make it subJect to the site plan
approval. Mr. Freema....I asked fe.r the rece.rd that all other
comments were the same made for Case No. 05A-88.
Items M, N, 0, and P
Attorney Woodson said that Development Agreements were not
necessary for the remaining items (E.H. Crow, Yusaf Mohamad,
Pearl Terry, a....,d the Reformed Presbyt eri a...., Church).
Commissioy.er BatemaYI asked why Developme.....t AgreerneYlts were
YIOt ....'ecessary. Attorney Wood S 0""1 said the E. H. Crow property
was slated to be occupied by the East-West Expressway
exte....lsio....1 a....ld it was therefore poi1"ltless at this time to draw
up aYI agreemeYlt. Attorney WoodsOYI said Mr. Mohamad did 1"lot
agree with the City's currey,t ZOYt1Ylg for his property aYld was
therefore y.ot iYlterested iy, pursui.....g a.....y agreerne1",t. AttorYley
Woodso...., said the Pearl Terry property was part e.f the
Hammocks a.....d that the Hammocks already had a Development
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Special Session Commisaion Meeting
November 1, 19BB
Agreerne.....t. The Reformed Presbyteria'l". Church property did 'I".ot
....'eed a Deve 1 opme.....t Agreerne....'t s i Y'IC~e it was to be hand 1 ed as a
single site and the only thing to be built was a church.
AD30URNMENT: 7:45 p.m.
~_edd___
MAYOR
ATTEST:
_~lzt_fu~t~_~___
D~~TV CLERK RESNIK
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MEMORANDUM
TO:
FROM:
Ocoee City Commission
Gretchen Jacobs, President
Rose Hill Phase II Homeowner's Association
SUBJECT:
Yeager Development Agreement
Contract NO. D88
DATE:
November 1, 1988
Respectfully request approval of this application subject
to the following conditions:
1. A brick wall consistent with that currently located
at the north and east boundaries of Rose Hill subdivision,
be constructed between Rose Hill and the planned development.
2. parking lot lighting be directed away as much as reasonably
possible from Rose Hill Subdivision.
3. The Board of Directors of Rose Hill Phases I, II &
III Homeowners Associations be shown the preliminary site
plan before it comes up for approval.
4. If an east-west subcollector road from Good Homes Road
to Clark road is built, a five foot sidewalk be constructed
along the north side of this road.
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Gretchen Jacobs