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HomeMy WebLinkAbout06-03-03 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JUNE 3, 2003 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7: 17 p.m. in the Commission Chambers, and then called for a moment of silent prayer. Frances Watts led the Pledge of Allegiance to the Flag. City Clerk Grafton called the roll and declared a quorum to be present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:25 p.m.), Howell (arrived at 7:18 p.m.), Johnson and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Assistant to the City Manager Shira, City Clerk Grafton, Community Development Director Wagner, Parks/Recreation Director Farmer, Police Chief Goclon, Public Works Director Wheeler, and Senior Planner Willman. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Presentations by WalMart WalMart Store Manager Gayle Burgess presented a check in the amount of$l,OOO to Janet Shira for the POWR Program in appreciation for that program's accomplishments toward protecting Ocoee' s water resources and a check in the amount of $1,500 to Chief Goclon for the Police Department, saying it was a Hero's Award for protecting the community. Presentation to the City of Founders Day Gold Sponsorship ($3,000) by Carla Baker, Chevron Texaco Senior Real Estate Project Representative Baker presented a check in the amount of$3,000 to Commissioner Johnson representing their Founders' Day sponsorship and said Chevron Texaco was very happy to be a part of the community. Presentation of Citizen Police Academy Graduation Certificate to Commissioner Johnson by Police Department Chief Goclon made this presentation. MVP Neighborhood Matching Grant Awards (Assistant to the City Manager Shira) Assistant to the City Manager Shira presented matching grant awards to the following: Ocoee Elementary School- Grant of $2,500 to provide elementary school students with continuing education during the summer months to improve reading scores and to increase the chance for these students to achieve future academic success. Hidden Glen - Grant of $2,500 to replace the lettering and add a background to the main entrance signs. COMMENTS FROM CITIZENS/PUBLIC - none COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Anderson announced the firefighters golf outing at Diamond Players on June 13 at noon and wrestling match June 14 at the Karate Studio. Ocoee City Commission Regular Session June 3, 2003 Mayor Vandergrift announced he had petitions for the naming of Ocoee High School, and encouraged those who had not done so already to s.ign one and turn in the finished petitions to the City Clerk's office. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, and E. Commissioner Anderson. seconded bv Commissioner Johnson. moved to aoorove the consent allenda as oresented. Motion carried 5-0. A. Approval of Minutes of Ocoee City Commission Re2:ular Session of Mav 20. 2003. (City Clerk Grafton) I. Approval of the Distribution of $766,258 of Federal Fiscal Year 2004 Bvrne Formula Grant Pro2:ram Funds for Projects Listed and Authorization for Mayor to Execute Letter Advising the Department of Community Affairs of the City's Approval of the Proposed Distribution of the Anti-Abuse Act Funds. (Police Chief Goclon) The decisions on what projects were to be funded by the grant were made by representatives from the Orange County Sheriff s Office and municipal police departments within Orange County, with the approval of city governments. This will be the fourth year for the Ocoee Police Department's Crime Analysis IV Project in which Ocoee is being awarded $44,728. II. Approval and Authorization for Mayor and City Clerk to Execute the Joint Participation A2:reement with State of Florida Department of Transportation. (Assistant to the City Manager Shira) Approval of this Agreement will authorize the City of Ocoee to design and construct certain streetscape improvements to the downtown McKey Street area and will provide up to $850,000 from the State of Florida for completion of the project. III. Approval and Authorization for Mayor and City Clerk to Execute Final Plat of Windsor Landin2: Subdivision - Phase II. (Public Works Director Wheeler) This plat consists of70 single-family lots located on the east side of Maguire Road, northwest of Parkridge-Gotha Road. All required documentation pertaining to the platting of this subdivision has been reviewed and approved by City Staff. The Developer has posted a Performance Bond in the amount of$133,70S.8S for the remaining improvements to be constructed. IV. Approval of Reappointment of Bill Henderson to Serve Another 3- Year Term on Code Enforcement Board. (City Clerk Grafton) The term of Member Bill Henderson will end June 2003. He is willing to serve a new 3-year term to end June 2006. PUBLIC HEARINGS Seeond Reading ofOrdinanee No. 2003 23, f1mending Chapter 143 regarding Solid 'Vaste. (Pub lie "'orks Direetor "'heeler) HEARING CANCELLED This item will be advertised again and presented for first reading on June 17. Wines Property. Project No. LS-02-009. Preliminary Subdivision Plan. (Community Development Director Wagner) Community Development Director Wagner gave the staff report. The Wines Property, an abandoned citrus grove, is located at 2500 Ocoee-Apopka Road, Parcel Tax ID 06-22-28-0000- 2 Ocoee City Commission Regular Session June 3, 2003 00-001. The Preliminary Subdivision Plan proposes 100 single-family residential lots on 38 acres located on the west side of Ocoee-Apopka Road, approximately 600 feet north of West Road. The eastern edge of the property abuts a wetland area, which will be placed in a conservation easement dedicated to the City. The surrounding land to the north, west, and south is being developed as Westyn Bay Subdivision zoned R-IAA and Townhomes zoned R-3; to the east is undeveloped property zoned R-IAA, and an agricultural building on a 4.5 acre parcel with Orange County A-I zoning. On the east side of Ocoee-Apopka Road is undeveloped land zoned R-IA and A-I in the City. As shown in the Preliminary Subdivision Plan, Wines Property Subdivision will have one point of access on Ocoee-Apopka Road. Left and right turn lanes into the subdivision will be provided. Anticipating the future widening of Ocoee-Apopka Road, an additional 35 feet of right-of-way will be dedicated by the property owner to the City. This subdivision will not be gated. A pedestrian access easement will be provided, allowing pedestrian access between Wines Property and Westyn Bay. There will be a 6-foot brick wall with appropriate landscaping along Ocoee-Apopka Road. Water and wastewater will be provided by Orange County. The Wines Property is zoned R-IAA and R-3, but R-IAA standards will be used for all development in this subdivision, requiring a minimum lot width of 75 feet and lot size of 9,000 SF. The developer is requesting two zoning waivers to provide home buyers the option to build larger homes. These waivers would allow for an increase in total building coverage from 35% to 45%, and an increase in maximum impervious surface area from 50% to 55% on each lot. Even though the largest home model offered may go up to 45% lot coverage, R-IAA setbacks will not be encroached upon, and the retention pond will be designed for 55% total impervious area. Planning staff supports these waivers. The Development Review Committee (DRC) reviewed the Wines Property Preliminary Subdivision Plan on April 14, 2003, and on May 13,2003, the Planning and Zoning Commission held a public hearing to consider the proposed Preliminary Subdivision Plan for Wines Property. After deliberation, both recommended approval, and, based on the recommendations of the DRC and the Planning and Zoning Commission, Staff recommended approval of the Preliminary Subdivision Plan for Wines Property, as date stamped by the City "Received April 21, 2003," including the two requested zoning waivers. The public hearing was opened, and as no one wished to speak, was closed. Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Preliminarv Subdivision Plan for Wines Prooertv. as date stamoed bv the Citv "Received Aoril 21. 2003." includinll the two reauested zoninll waivers. Motion carried 5-0. Westyn Bav. Proiect No. LS-03-001 (F/K/A West Groves). (Community Development Director Wagner) A2reement for Modification of Preliminary Subdivision Plan and Final Subdivision Plans. First Amendment to the Development Aereement. City Attorney Rosenthal presented the staff report. The developer of Westyn Bay is proposing to plat a portion of the Westyn Bay subdivision (see following agenda item). This initial Phase 1 plat of Westyn Bay is not consistent with the approved PSP and FSP for the property and is not 3 Ocoee City Commission Regular Session June 3, 2003 consistent with the Development Agreement for the property. In order to approve the plat as submitted by the developer, the PSP and the FSP for the property, as well as the Development Agreement for the property, need to be amended. The developer has requested the following amendments: (1) Temporary Emergency Access Easement Agreement. Both the PSP and the FSP were approved showing a Temporary Emergency Access Easement and stabilized 12' wide road from Ocoee Crown Point Parkway to a portion of the property being platted. This temporary road was to be put in place to allow for a second access point to the property in the event of an emergency. The developer does not wish to install the stabilized 12' wide temporary emergency access road nor grant the Temporary Emergency Access Easement to the City. The City Fire Department has determined that it does not need this secondary emergency access. (2) Delaying the conveyance of certain tracts to the City. The PSP, FSP and the Development Agreement provide that certain tracts be conveyed to the City at the time of platting any portion of the property. Several of these tracts are on the northeastern end of the property, away from that portion of the subdivision currently being platted. The developer has requested that the City not require the conveyance of these tracts at this time with this plat. Instead, the developer would like to delay the requirement so that the tracts are conveyed to the City once the northeastern portion of the Westyn Bay property is platted. Mr. Rosenthal advised in the event the City Commission agrees with the developer concerning the items referenced above, the City and the developer will need to enter into an Agreement for Modification of the Preliminary Subdivision Plan and the Final Subdivision Plat for Westyn Bay and a First Amendment to Development Agreement. Copies of each document acceptable to the developer were provided. Together, these two documents modify the PSP, FSP and Development Agreement so that the Phase 1 Plat ofWestyn Bay is consistent with the PSP, FSP and Development Agreement. Mr. Rosenthal advised the public hearings for the PSP and FSP and the Amendment to the Development Agreement could be combined. The public hearing was opened, and R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked if a recreation area was included in this plan. The response was yes. As no one else wished to speak, the public hearing was closed. Commissioner Parker. seconded bv Commissioner Anderson. moved to aoorove the modified Preliminarv Subdivision Plan and Final Subdivision Plan and the First Amendment to the Develooment Allreement oer staff recommendation. authorizinll execution thereof bv the Mavor and Citv Clerk. Motion carried 5-0. Phase 1 Plat. Westyn Bay is a large residential subdivision bordering Lake Apopka west of Ocoee-Apopka Road (County Road 437) south of the ForestBrooke subdivision and just north of the City's Crown Point property. The first phase of development of Westyn Bay will consist of 170 single family lots comprising approximately 206 acres. Included within this first plat of the subdivision is a large recreational area tract on the northern end of the property which contains the subdivision's community meeting room. Several conservation tracts, roadway tracts and easements are being conveyed to the City in connection with this plat. All of the required 4 Ocoee City Commission Regular Session June 3, 2003 documentation pertaining to the platting of this property has been reviewed and approved by City Staff. This documentation includes: (1) A Temporary Drainage Easement in favor of the City located south ofOcoee Crown Point Parkway to allow for stormwater drainage until such time as Ocoee Crown Point Parkway is extended to the Crown Point property (at which time. the stormwater runoff for Ocoee Crown Point Parkway will be directed to a retention pond within the platted property); (2) A Sign Easement in favor of the City of Ocoee which gives the City the right to install monument signage at the corner of Ocoee Crown Point Parkway and Ocoee Apopka Road at such time as the City develops the Crown Point property; (3) An Access/Drainage Easement in favor of the City of Ocoee which will allow the City to access and maintain Tract R (a tract conveyed to the City ofOcoee between the Westyn Bay property and the Crown Point property and containing a small tributary known as Staten Branch); (4) A Special Warranty Deed conveying Tracts R, R-l, R-S, R-6, Wand W-l to the City. These tracts consist of conservation tracts and required right-of-way tracts; (5) A Limited Special Warranty Deed conveying Tracts AA and BB to the City of Ocoee. Tracts AA and BB are tracts within Lake Apopka below the ordinary high water line; (6) A Quit-Claim Deed conveying various common area tracts to the Westyn Bay Community Association; (7) Two Partial Release of Mortgage documents executed by the mortgage holder in order to allow the conveyance of the several tracts to the City and the Association free and clear of any existing mortgage; (8) A Joinder and Consent to Plat executed by the mortgage holder; and (9) The Declaration of Covenants, Conditions and Restrictions document for the subdivision which incorporates the new regulations concerning private gated communities. A Performance Letter of Credit has been issued in the amount of $ 905,073.66 for the remaining subdivision infrastructure improvements. A Maintenance Bond will be issued at the time a Certificate of Completion is issued for the subdivision infrastructure. City Staff has determined that this plat is consistent with the Development Agreement, as amended by the First Amendment to Development Agreement in the previous agenda item, and is consistent with the approved Preliminary Subdivision Plan and Final Subdivision Plan, as amended by the Agreement for Modification of the PSP and FSP in the agenda item above. Commissioner Anderson. seconded bv Commissioner Parker. moved to aoorove the Westvn Bav Phase I Plat. authorizinll execution thereofbv the Mavor and Citv Clerk. Motion carried 5- Q. OTHER BUSINESS First Reading of Ordinance No. 2003-22. relating to Occupational License Tax Rate Increase. (Second Reading and Public Hearing Scheduled/or June 17, 2003 at 7:15 p.m.) (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Mayor Vandergrift announced the second reading and public hearing are scheduled for June 17,2003, at 7:15 p.m. 5 Ocoee City Commission Regular Session June 3, 2003 Grace Community of Faith Baptist Church - Development Review Application Fees Waiver Request. (Community Development Director Wagner) Community Development Director Wagner gave the staff report, advising the Grace Community of Faith Church is planning to submit an annexation application and an application for a special exception, and plans to build its future facilities southwest of the intersection of Old Silver Star Road and Silver Star Road and east of Lake Johio. Grace Church previously submitted a request for waiver of all development review fees in a letter dated November 8, 2002. The City Commission granted this waiver request on November 19, 2002; however, the Grace Church did not submit applications or plans under this waiver. The Church is now ready to submit the applications and has, again, requested waiver of application fees, (Annexation with Initial Zoning - $500, and Special Exception - $1,000) in another letter dated April 25, 2003. Since the church has fulfilled all the requirements of the policy, the Staff recommended granting the waiver of these administrative application fees. Commissioner Johnson. seconded bv Commissioner Anderson. moved to aoorove the reauest to waive the aoolication fees for Grace Communitv of Faith Baotist Church as oresented. Motion carried 5-0. Resolution No. 2003-14, SR50IFlorida's Turnpike Interchan2:e Plannin2: Concept Study. (Community Development Director Wagner) City Attorney Rosenthal read the title only of the Resolution. Community Development Director Wagner advised this interchange is functionally obsolete since it does not meet current design standards in terms of lane widths, turning radii, and short ramp lengths that cause serious safety concerns. He further described the adverse traffic impacts on the roadways and said resolution of those transportation problems has been difficult because these major roadways are under the jurisdiction of different state and local governmental entities. Currently, Florida's Turnpike Enterprise is conducting a Project Development and Environment (PD&E) Study for the widening of the Turnpike from four to six lanes from US 192 in Osceola County to SR 50 in Clermont. Within these study boundaries, all interchanges with the exception of the subject SR 50 interchange in Ocoee are scheduled for improvements. Separately, the Florida Department of Transportation-District 5 has started a PD&E Study for the widening of SR 50-Colonial Drive from four to six lanes from the Lake County line to Good Homes Road. This widening will require the reconstruction and reconfiguration of the SR SO/Turnpike interchange overpass since the six lanes will not safely "fit" under the current interchange overpass. The City recently met with Florida's Turnpike Enterprise, the FDOT/S, and the OOCEA to coordinate with these separate jurisdictional entities and to discuss the inclusion of the SRSO/Turnpike interchange within the Turnpike's current PD&E Study. The Florida's Turnpike Enterprise agreed to perform a "planning concept study" to determine if the SR SO/Turnpike interchange should be included in the Turnpike's current PD&E study. 6 Ocoee City Commission Regular Session June 3, 2003 James Ely, the Executive Director of Florida's Turnpike Enterprise, requested that the Ocoee City Commission pass a resolution requesting the "planning concept study". Staff recommended adoption of this resolution requesting the preliminary "planning concept study" for the State Road 50-Colonial Drive/Florida Turnpike interchange to determine the need for its inclusion in the Florida's Turnpike current Project Development and Environment Study. Commissioner Anderson. seconded bv Commissioner Johnson. moved to adoot Resolution No. 2003-14 as oresented. Motion carried 5-0. EMERGENCY ITEM At Public Works Director Wheeler's request, Mayor Vandergrift declared this to be an emergency item. Public Works Director Wheeler advised Wharton Smith had requested Columbus Street be closed during the construction of the Fire Station. Commissioner Johnson. seconded bv Commissioner Parker. moved to close Columbus Street to the westernmost Dart of the construction site durinll the construction of the Fire Station. Motion carried 5-0. ST AFF REPORTS City Manager Gleason directed attention to a report Mayor Vandergrift had requested regarding enterprise funds and said he had put it in their mailboxes May 30. Also he discussed the Civility Code adopted by Sarasota County and asked for direction at a later date regarding preparing such a code for the City of Ocoee. COMMENTS FROM COMMISSIONERS Commissioner Parker 1. Advised Jim Fleming they had concurred with everything in his letter. 2. Said, since she had received several comments about the grants program, she had requested the City Clerk to provide the information regarding the grants program to each Commissioner and suggested further discussion at the next meeting. Commissioner Johnson 1. Asked about the disposition ofth Avenue. Mr. Wagner said they are still waiting for more information regarding Westridge PUD. Mr. Gleason reported the families there had agreed to an extension of the sidewalk easements for pedestrian purposes. 2. Said Steve Ellis had advised the Firefighters were willing to help with the building and can get donations oftime to work on the veterans memorial. Commissioner Anderson 1. Asked ifMr. Wagner would include in staff reports whether dry retention ponds will include plants and wet ponds include fountains. Mr. Wagner advised that is a requirement for commercial zoning, but not residential; however, they try to get such features included. Mayor Vandergrift suggested the LDC could include a requirement for aeration in the wet ponds if they are expected to be wet 60% of the time. 7 Ocoee City Commission Regular Session June 3, 2003 2. Asked what the status was on controlling the use of Clarke Road by heavy trucks. Police Chief Goclon and Public Works Director Wheeler responded Clarke Road is properly marked; however, the feeder roads are under the jurisdiction of other entities and it is necessary to get a permit to erect a sign on those roads. Commissioner Anderson asked that they accelerate the process. 3. Said he had received a letter from the Firefighters Local and asked what is being done. City Manager Gleason said he has a meeting with them scheduled Wednesday and will keep the elected officials advised. 4. Commended the staff for the Memorial Day observation. S. Announced the Firefighters Golf Tournament June 13 at Diamond Players in Clermont and the WWF Wrestling Match June 14 behind the post office at 7:00 p.m. Commissioner Howell- No comments at this time. Mayor Vandergrift 1. Asked if consideration was being given to downtown with the CRA. Mr. Gleason said they were looking at downtown, Highway 50, Ocoee-Apopka Road, Silver Star north, and would be bringing back a full report for consideration. 2. Reminded all about signing the petitions regarding the naming of Ocoee High School. 3. Announced Freedom Park will be dedicated June 23 at 11 :00 a.m. and lunch will be served. ParksIRecreation Director Farmer advised some scouts want to earn their eagle badges working on nature trails at Freedom Park. ADJOURNMENT The meeting adjourned at 8:29 p.m. Attest: APPROVED: City of Ocoee ~~~eW 8