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HomeMy WebLinkAbout07-17-01 Minutes MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD JULY 17, 2001 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:17 p.m. in the Commission Chambers located at 150 N. Lakeshore Drive. Pastor Wayne Lewis led in prayer and City Attorney Rosenthal led in the Pledge of Allegiance to the Flag. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson (arrived at 7:40 p.m.), Howell, Johnson(arrived at 7:21), and Parker. Also present were City Manager Gleason, City Attorney Rosenthal, Building/Zoning Official Velie, City Clerk Grafton, City Engineer/Utilities Director Shira, Assistant City Engineer Wheeler, Finance Director Horton, Fire Chief Strosnider, Planning Director Wagner, Principal Planner Lewis, Principal Transportation Planner Foltz, Senior Planner McGinnis, Police Chief Mark, Public Works Director Smith, TV Operations Manager Prihoda, and Zoning Coordinator Harper. PRESENTATIONS AND PROCLAMATIONS The presentations were taken out of agenda order. Presentation - TV Equipment Purchased with Forfeiture Funds - Police Chief Mark and TV Operations Manager Prihoda Mr. Prihoda expressed appreciation to Chief Mark as he displayed new camera equipment which had been purchased with forfeiture funds and explained it was to be used to make training films for the Police Department, but would also be available for special projects. West Oaks Christian Academy - Request for Access at the Ocoee Bulldog Football Complex During Their 2001 Season. - Richard Ring, Head Football Coach, West Oaks Christian Academy Mr. David Hogan, Athletic Director, requested authorization for the West Oaks Christian Academy to use the Bulldog Football Complex during their 2001 season. When Mayor Vandergrift asked what the additional cost to the City would be for the lights at the field, Mr. Hogan responded their games would be mostly during the early evening hours and lights would not be used. He added the Bulldog League would have the concession stand open during their games. Mayor Vandergrift asked for a report on the cost of lights on all the fields, and Mr. Gleason responded he had already requested such a report with an eye toward preparing to charge for the use of the fields. Mavor Vanden!:rift. seconded bv Commissioner Parker. moved to authorize the West Oaks Christian Academv to use the Bulldog Football Complex for their 2001 season. Motion carried 4-0. Commissioner Anderson was not present. Ocoee City Commission Regular Meeting July 17, 2001 Mr. Scott Henderson, 112 S. Lake Avenue, Orlando, 32801, representing Dill Properties, asked at what point the City would be moving forward with this. Commissioner Anderson responded the road would not be built until there was a need. No action was requested or taken on this item. NON-AGENDA ITEM Mrs. Kate Clark, Principal of Ocoee Middle School, said she had presented a letter to both Mayor Vandergrift and City Manager Gleason regarding a request for $15,000 to fund the courtyard at the new school. She acknowledged the $2,500 already given and spoke of the wonderful example of cooperation between the school system, the city and state, as this is a S.M.A.R.T. school ~oundly Made Accountable Reasonable and Thrifty Schools Act). Commissioner Johnson asked if the service clubs could be involved in the landscaping. Mayor Vandergrift tabled the issue to give Ms. Clark an opportunity to get with City Manager Gleason with more information. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, I and J. Mayor Vandergrift pulled item C, Yard Waste Rate Increase, for separate consideration and announced in item A, the Minutes of the June 19 Commission Regular Meeting were not ready yet and had been pulled by staff. Commissioner Anderson pulled item J, Additional Soccer Field Sodding, for separate consideration. C. Approval and Authorization for Yard Waste Rate Increase for Waste Management from $2.01 to $3.00 per Month. (Public Works Director Smith) · Waste Management has requested a yard waste rate increase from $2.01 per month to $3.00 per month. Following a discussion, Commissioner Howell, seconded by Commissioner Anderson, moved to approve item C as Dresented. Motion carried 4-1 with Mayor Vandergrift voting no. Commissioner Parker asked that the date for the "if needed" budget work session in item H be changed to August 22 and all agreed. J. Approval and Authorization to Construct an Additional Soccer Field, Award Grading and Sodding to Southern Turf Nurseries Inc. in an amount not-to-exceed $18,000, and $2,000 for Irrigation System Material to be Installed by Public Works Personnel. (Public Works Director Smith) · The Ocoee Soccer League has requested the construction of a second soccer field at the Beech Recreation center. Public Works and a sports turf contractor will construct this field as a joint project. Page 3 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Public Works Director Smith advised he had asked for a sole-source quote from Southern Turf Nurseries and had received a quote of $.30 per square foot and since then had received a quote from Quality Turf at $.32 per square foot. As the soccer clinic is scheduled for October 15, the time schedule is very tight, and he asked for authorization to go to the second low bidder if, for any reason, Southern Turf Nurseries would be unable to get to this job in time to complete it before September 1st. Commissioner Parker. seconded bv Commissioner Johnson. moved to approve item J as presented with the additional authorization to gO to the second low bidder if Southern Turf Nurseries should be unable to perform. Motion carried 5-0. During a discussion regarding funds, City Manager Gleason pointed out the item B, City Sponsorship for Health Central Events, would come from the Commission Legislative Community Promotion Fund, which has $2,887.66 presently. Mayor Vanderl!rift. seconded bv Commissioner Anderson. moved to approve items A. B. D. E. F. G. H. and I of the consent agenda with the changes noted. Motion carried 5-0. A. Approval and Acceptance of Minutes of City Commission Regular Sessi8R ef JURe 19, 2001, Work Session-CIP of May 3,2001, Joint Work Session with Planning and Zoning Commission of June 12, 2001, and Special Session of June 25, 2001. (City Clerk Grafton) B. Approval of City Sponsorship for Health Central Events. (Commissioner Parker) · In the past this Commission has sponsored at the Signage Plus Foursome level for $750 for the Golf Tournament (scheduled for September 6, 2001 at Keene's Pointe) and at the Field Goal level for $1,500 for Casino Nite (scheduled for September 22,2001 at Hard Rock Hotel, Orlando). Commissioner Parker asked that this item be placed on the agenda for consideration at the same level as previous years. C. Removed for Separate Consideration. See above. D. Approval of Intent to Annex for Water Service for 403 2nd Street and Authorization for Mayor and City Clerk to Execute Annexation Agreement with Mr. And Mrs. Amaran. (Assistant City Engineer Wheeler) · This property is in an Orange County enclave, not contiguous to the City limits, but located close to a 6" water main which serves others on Second and Third Streets and could be tapped for water service only. The Amarans have been briefed on the fees and procedures and have executed the Annexation Agreement. E. Approval and Authorization for Mayor and City Clerk to Execute the Management Contract for the Founders' Day 5K Race. · Central Florida Triathletes, Inc. provides race timing, race t-shirts, and numbers for all race participants, among other event services for the Founders' Day 5K. This Race Timing and Event Services Agreement is virtually identical to last year's agreement. Page 4 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Presentation - Water Shortage Update. (Assistant City Engineer Wheeler) Assistant City Engineer Wheeler presented his Water Shortage Update, showing statistics for the years 2000 and 2001 for the rainfall and water pumping. He compared figures for the first half of each year which indicated the City's use of water had decreased well over the 15 % decrease mandated by St. Johns River Water Management District. In response to Mayor Vandergrift's question regarding when the reclaimed water lines would be ready for use, Mr. Wheeler said they were ready to begin as soon as the rates had been established. City Manager Gleason advised, absent direction from the City Commission before then, he was planning to bring it up during the budget work sessions. Presentation of Awards in Appreciation to Those Who Assisted on Ellis Shapiro Day - Commissioner Johnson Commissioner Johnson presented certificates of appreciation to those employees who had assisted on the day in May set aside to benefit and express appreciation for Ellis Shapiro: Assistant City Engineer David Wheeler, Customer Service Supervisor Cathy Sills (not present), Human Resources Specialist Marilyn Johnson (not present), Firefighter Shawn Sorenson, Engineer Ken Minnick, Firefighter Timothy Martin, Firefighter/Paramedic Mike Spears, and Firefighter Paul Whitaker. Commissioner Johnson then announced the Ellis Shapiro Golf Tournament scheduled for August 10 at 12:30 p.m. at Forest Lake for a fee of $60.00. Presentation - Clarke Road Extension Corridor Alignment Study. Greg Kern with Dyer, Riddle, Mills & Precourt Mr. Greg Kern gave a brief overview of the preliminary corridor study done by his office regarding the extension of Clarke Road north of Clarcona-Ocoee Road. He pointed out other studies would be necessary before the roadway is constructed if that area develops. This was the first planning attempt to basically look for problems that would hinder or prevent that road from being built. Mr. Kern said the analysis was based on a recommended corridor, approximately one mile long, with an 80 foot right-of-way, two-lane divided roadway, with 12 foot travel lanes, and a 4 foot paved shoulder for bicycles and a sidewalk. Further discussion revealed this would be a developer driven road and at the time of this study it was not known whether the road would extend beyond McCormick Road. It would be a developer road without impact fee credits. Mr. Robert F. Gormican said this will depreciate his property because when they want to annex into the City it will mess up their retention ponds, and he pointed out there were five springs in the path of the proposed right-of-way. He asked to be included in the plans. Page 2 of 16 Ocoee City Commission Regular Meeting July 17, 2001 F. Approval and Authorization for Mayor and City Clerk to Execute Termination of Agreement with DOT for Grant Funds on Intersection Improvements (Assistant City Engineer Wheeler) · Due to re-prioritizing of projects, it is necessary to terminate the joint participation agreement for improvements for the Bluford/Orlando A venue Intersection drainage project. G. Set Date for First Meeting in 2002. (City Clerk Grafton) · January 1, 2002, falls on Tuesday and staff recommends canceling that meeting due to the holiday. H. Set Dates for Budget Workshops and Public Hearings. (Finance Director Horton) · Staff recommends the following dates for Budget Meetings: Work Sessions: Thursday, August 9; Monday, August 13; and Wednesday, August H-- 22 (if needed) Tentative Budget Public Hearing Thursday, September 6, 2001 Final Budget Public Hearing Monday, September 24,2001. I. Approval and Authorization for Mayor and City Clerk to Execute Amendment for Maronda Homes Drainage Easement. (City Attorney Rosenthal) · This amendment is requested to reduce the size of a drainage easement granted to the City along the side lot line of lot 135 of The Reserve from 10 feet to 9 feet. The city Engineering Department has reviewed the amendment and has concluded the reduction in size of the easement causes no technical problems with the drainage easement. J. Pulled for Separate Consideration. See above. COMMENTS FROM CITIZENS/PUBLIC Mr. Jim Blackwelder, 2009 Nancy Ann terrace, asked permission to use the senior league field on Sunday afternoons after church. Mayor Vandergrift. seconded bv Commissioner Johnson. moved to direct Staff to look at this and go ahead. Motion carried 5-0. Commissioner Howell said there was a problem with adult baseball teams hitting balls into neighbors' yards, relieving themselves in bushes and leaving cans everywhere. Without obiection Staff was directed to get them under control and stop them. Mr. Johnny Torres, 479 Hormigas Court, spoke at length on how we all need to be kinder and gentler with each other. Mrs. Jennifer Pelkey, 59 W. Circle Key Drive, presented a petition regarding speed humps/bumps and getting the road fixed in Pioneer Key I. Mrs. Martha Lopez-Anderson advised a conference on charter schools on June 15 was not attended by city representatives and she had acquired a tape of the conference so that it could be viewed by those interested. She presented the tape to Mayor Vandergrift and suggested making arrangements with Orange County TV to play the tape on Channel 10. Page 5 of 16 Ocoee City Commission Regular Meeting July 17, 2001 COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker announced the Orange County Redistricting Commission meeting scheduled for Ocoee's Commission Chambers July 26 and encouraged interested citizens to attend as 4 of the 5 proposed plans split the City of Ocoee at Highway 50. Mayor Vandergrift announced the Starke Lake cleanup Saturday at 8:00 a.m. to noon. PUBLIC HEARINGS: First Readings of Ordinances. Second Readings and Second Public Hearings Scheduled for August 7, 2001 at 7:15 p.m. Ordinance No. 2001-18, Providing a Procedure for Naming Subdivisions and Providing a Formal Method of Changing the Subdivision Name. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner gave the staff report and said Commission had given direction to provide a procedure for naming or changing the name of a subdivision so that the names of subdivisions which have come before Commission for approval are not arbitrarily changed upon platting, and the legal department has provided an Ordinance that will accomplish this. Mr. Wagner said both the Planning and Zoning Commission and staff recommended adoption of the Ordinance. The public hearing was opened. Mayor Vandergrift challenged staff and the elected officials to look at Ocoee's image, and look at ways to improve it. He said he had suggested in earlier years setting up a scenic route through Ocoee and also changing the street signs as a way to upgrade our image. He asked if other cities have such an ordinance as this. City Attorney Rosenthal said this Ordinance will not give Commission or staff the right to dictate the name of a subdivision. However, they can engage in dialogue with the developer regarding the suitability of a name. It will stop someone from coming before Commission with one name, getting approval and then, without coming back before Commission, changing the name for platting. Commissioner Johnson expressed his opinion about the developers changing the names for marketing purposes. Commissioner Parker said she had worked hard to get the Ocoee zip code in place several years ago and really felt in the next decade citizens in Windermere would say they are near prestigious Ocoee. Page 6 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, said he could not see why the elected officials thought there was a problem. Commissioner Parker explained there are developments in Ocoee that advertise themselves as being "in west Orlando" or "near Windermere" instead of stating they are in Ocoee. The public hearing was closed. Mayor Vandergrift announced the second reading and public hearing were scheduled for August 7,2001 at 7:15 p.m. Ordinance No. 2001-19, Relating to Community Meeting Rooms. (Planning Director Wagner) City Attorney Rosenthal read the title only of the Ordinance. Planning Director Wagner gave the staff report, advising this Ordinance was prepared with the goal of helping the local homeowners groups and new residents to have a place to hold their homeowner association meetings. He said the Planning and Zoning Commission recommended a few changes: (1) the Ordinance should pertain to all residential projects, not just single family subdivisions, but also apartments, townhomes and condominiums, (2) that smaller projects from 51-tOO units should be afforded a covered outdoor meeting space of at least 250 square feet with an additional 5 square feet of space for each additional residence in the development. In addition, they recommended that the Ordinance be clarified to ensure that the community meeting rooms were to be permanent buildings meeting Uniform Building Code standards and that the numbers specified within unit categories be modified to match existing Land Development Code text. Mr. Wagner asked for direction for staff and legal to go back and edit the Ordinance to incorporate any of the provisions recommended by P & Z. Mayor Vandergrift left the dais during this presentation. Without objection, staff was directed to repair the Ordinance to be consistent with the P & Z recommendation for the second reading and public hearing. The public hearing was opened and, as no one wished to speak, was closed. Mayor pro tern Anderson announced the second reading and public hearing were scheduled for August 7,2001 at 7:15 p.m. When Mayor Vandergrift returned to the dais after the recess, he asked Mr. Wagner to provide a list of other cities which have a similar ordinance for the next public hearing. Page 7 of 16 Ocoee City Commission Regular Meeting July 17, 2001 RECESS 9:32 P.M. TO 9:43 P.M. ITEMS WERE TAKEN OUT OF AGENDA ORDER Proposed Adoption of a Schedule for Large Scale Comprehensive Plan Amendments and Joint Planning Area Amendments. (Planning Director Wagner) Planning Director Wagner said the City has been approached by several developers wishing to process large scale comprehensive plan amendments. The only amendments done in recent years involve the text of the Comprehensive Plan. The last actual land use change made by this Commission as a large scale comprehensive plan amendment was the West Oaks Mall. He explained that a small scale amendment is for 10 acres or less and these developers have larger parcels. Mr. Wagner said he is working diligently to update the Comprehensive Plan with a deadline of May 19, 2002, and he would prefer to bring large scale amendments before Commission after that has been completed and approved. He added it would be disruptive to staff to interrupt this process now to accommodate these developers, as the process is very elaborate and requires many public hearings with both Planning and Zoning and the Commission. The proposed schedule for opening up the window for large scale amendments is after the Comprehensive Plan is adopted by the state, in either March or April of 2002, and Mr. Wagner recommended adopting the schedule as presented and holding any applications for large scale amendments in abeyance until that time. City Attorney Rosenthal added that large scale amendments are permitted by the Florida Statutes only twice a year. The EAR based amendment would be considered one of those. He said the City would have the legal right to move forward, consider, and process to the Department of Community Affairs amendments while doing the EAR based amendments. The DCA has advised they prefer cities not do that but they realize the cities have a legal right to do it. He said when Faraway Farms came in with their application he advised them that, as the City had never adopted a window or a schedule, there was no basis for staff not to accept a comprehensive plan application that was submitted. He said the Dill Properties are also interested in processing a comprehensive plan amendment, and it would be appropriate to adopt a schedule so that staff could move forward consistent with Commission's direction. Mayor Vandergrift asked what could be done to expedite the process. The public hearing was opened. Ms. Carla Baker, representing Chevron, said she was here to help the Grafton family to get a comprehensive plan amendment into the City along with the rezoning. She said they have been working with the City since January 2000 trying to get this amendment in place and have run into a brick wall. Ms. Baker expressed appreciation for the time spent with the elected officials and the meetings with staff and said they have provided everything the planning staff has required or requested up to this point, including additional environmental studies, some site plans based on their recommendations, and a traffic study. She said what they have Page 8 of 16 Ocoee City Commission Regular Meeting July 17, 2001 planned is feasible and will be good for the City as it will provide a good tax basis with minimal impact on the infrastructure. Ms. Tracy Crowe, Certified Planner with Land Design Innovations, said her firm typically writes comprehensive plans and land development regulations for cities, so she understands both sides of the issue. Ms. Crowe said in order to create a viable piece of property for the owners and create something beneficial to the City a land use redesignation and rezoning is necessary. She said a feasibility study was done for that area and this property was in the epicenter for that study and within a two mile radius was considered the market area for that study. She displayed some of the information from that study showing the potential for proposed growth and the need for employment opportunities in that area. She had distributed a handout showing a distribution center similar to the one they are proposing for this property, and discussed the potential tax base at buildout. Ms. Crowe described the proposed layout of the parcel and said it was one of the last large parcels this close to the road interchange with the capacity to build its own internal road network and have its own master drainage system. She pointed out that during the Evaluation Appraisal Report (EAR) based amendment the City would be looking at the entire future land use map and future land use element, so the state should have a harder time if the large scale amendments are brought in after that is completed. Ms. Crowe said they have offered consultant services and help with special studies if needed in order to get into the process and submit for the application. She pointed out the impact on the infrastructure was much greater with residential zoning than with the proposed use, and also noted surrounding cities in this area as well as the County all have two large scale amendment cycles yearly. In those cities the large scale amendments are submitted simultaneously with the EAR based amendments. Ms. Crowe noted they had been trying to submit since January 2000, and are asking for at least one cycle to be opened this year. She added it takes 114 days to go through the process provided in the Joint Planning Area Agreement (taking the maximum time allowed for each step), and they are requesting to be on the docket when the EAR based amendments are submitted in September, or, if not, they are asking to go alone now and be submitted in September. She described a schedule that would enable them to find out if this is an acceptable use for the property in February 2002 as opposed to the Staff proposal to open the cycle in April 2002. She distributed a chart comparing the two schedules. Ms. Baker said they were willing to do whatever the City needed, either bring a contractor in as a member of the planning staff, do a corridor study, do all the applications and give them to the planning department to review, or provide funds to fund someone else; but they were only willing to commit to that if there was a commitment on the City's part to look at their plans. Scott Henderson, Henderson Planning Group, representing the Dill Properties, said it was encouraging to think there would be a window opened for large scale amendments and he understood the staff was booked. He added they, also, were willing to assist the planning department in the hiring of a consulting independent planner, and he suggested ways to condense the process. Page 9 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Reginald B. McGill, associated with Greenburg Traurig, said for the record he was a member of the Orange County Planning and Zoning Commission, and as a result of that membership and his association with this project, he would declare a conflict of interest and not vote when this comes before the County P & Z Commission. Planning Director Wagner said the way this was worked in the County, the developers contributed money to the County and the County chose its own consultant as an objective reviewer of the development projects brought before them. The property owners pay for the consultant's review on behalf of the County. He said that would be a possibility and Renaissance Planning Group is a continuing consultant for the City. If these developers wished to pay the full amount of money to have that firm to work specifically just on these projects and review them on behalf of the City, that would be the only practical way to go. He said an industrial area as proposed for the Faraway Farms would require a market analysis, traffic analysis, sewer and water, stormwater, and all the things that are a part of a large scale comprehensive plan amendment and go through the County Commissioner Anderson asked what the cost would be. Mr . Wagner said there are two scenarios. One is the Dill Property on the extension of Clarke Road at Clarcona-Ocoee Road which would not have to go through Orange County for the Joint Planning Area. The case of the Faraway Farms would, however. City Attorney Rosenthal said, if the Commission is inclined to do something other than the staff recommendation, at a minimum they must establish a window, as there may be others who wish to be included. He said there may be a different schedule for those who do not need to go through the JPA, as Mr. Henderson suggested earlier. He suggested, if the Commission wishes to get a real proposal from a consultant regarding the actual fee and get a binding contract, (if the Commission is moved by the fact that someone else is paying for it), they should take into consideration that it may not add up to 100 % funding, as there is staff time that needs to be factored into this schedule. Whether this is something that tracks with the year or separately from the year is something that would have to go into the scheduling issue. Mr. Henderson stated the Dill Properties commitment to the City would be to fund a consultant independent of their team, who would be under contract with the City, to review their application, and they would expect any other developer to fund for their own. The public hearing was closed. Following further discussion, Mayor Vander~ift. seconded by Commissioner Johnson, moved to direct staff to sit down with the lead people from the developers within the next two weeks and hammer out an agreement to move this forward on the basis of the schedule, keeping in mind they are not lust looking at these developers. as much as they are looking at the total load on the Planning Department. Motion carried 5-0. Page 10 of 16 Ocoee City Commission Regular Meeting July 17, 2001 RECESS 10:55 - 11:05 P.M. The Vintage at Lake Lotta Apartments, Preliminary/Final Site Plans Amendment. (Principal Planner Lewis) Principal Planner Lewis gave the staff report, advising the Preliminary/Final Site plan for the Vintage Apartments had been approved in May, 2000, and the developer now is requesting an amendment to delete some of the trees. He said when Vintage was being constructed a different landscaping plan for the apartment complex was being used than the one approved by this Commission. He explained the developer had met with staff and proposed changing some of the trees, adding more trees near the entrance, and switching some of the sabal palm trees around the buildings to hardwood trees. Mr. Lewis said staff had advised the developer there probably would not be a problem with the switch, but to submit a letter detailing the proposed changes for review and approval. Later the developer was asked to submit a plan showing all of the landscaping changes for review. They were advised they could continue work on other buildings, but that all outstanding issues would need to be resolved prior to issuing a Final CO for the last buildings. Mr. Lewis said staff did not recommend approval of the amendment. Tim Burns, Tarragon Developers, representing the Vintage at Lake Lotta Apartments, said on the north and east sides (abutting Rose Hill) they had put in the buffer just as requested. He said they had done a three to one change out from palm trees to magnolias and he distributed pictures showing houses about six years old with magnolias. He added those trees would cover the utility banks more effectively than palms, would develop a better canopy and attract fewer bugs. Mr. Burns responded to several questions regarding the comparative cost and placement of the trees. City Manager Gleason said staff did not have a right to deviate from the plan approved by the Commission. He said he had accommodated the developer, knowing the final decision would be made by the Commission before the CO on the final building could be issued. Don Voorhees, Summit Contractors, the general contractor, said when he saw the plans for landscaping, he advised the developer they could do a better job with the landscaping, and they approached Mr. Lewis to discuss changes. He described the changes proposed and accomplished. Commissioner Johnson proposed having Planning Director Wagner evaluate the trees, and said he had no problem with hardwood trees, but he did have a problem with not conforming to the approved plans. The public hearing was opened. Page 11 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Commissioner Anderson, seconded by Commissioner Johnson, moved to direct City Manager Gleason and Planning Director Wagner to meet with those involved and work it out and continue this public hearing until the August 7, 2001, meeting. Motion carried 5-0. City Manager Gleason asked for direction regarding replacing three palm trees with one magnolia as the policy currently is to replace one tree with four trees, and City Attorney Rosenthal clarified, saying the City Commission wants a plan that matches what is there in order to eliminate the inconsistencies. Request for Variance - Case No. 04VR-2001:Kimbrell. (Zoning Coordinator Harper) Mayor Vandergrift announced the petitioner had requested a continuance until the August 7, 2001 meeting. The public hearing was opened. No one present wished to speak at this time. Mayor Vander2rift. seconded bv Commissioner Anderson, moved to continue this public hearing until August 7, 2001. Motion carried 5-0. Magnolia Ridge Development Processing (Not a Public Hearing) (Planning Director Wagner) Planning Director Wagner noted the City Commission and Planning and Zoning Commission had met jointly to hear presentations by various developers on proposed projects being considered within the community. The Magnolia Ridge project proposed by Steve Dill was one of those presented. It was staff's understanding that the developer wishes to enter into a Development Agreement with the City that will establish a development program for the project prior to actual submission of plans. Mr. Wagner said staff needs direction from the Commission, as this would deviate from the usual procedure, which he outlined. City Attorney Rosenthal said it would be possible that the Comprehensive Plan Amendment would arrive for the public hearings and transmittal to DCA in advance of the plans. He reviewed the possible schedules, and said if given direction to negotiate a development agreement on the front side earlier than the details were put together by the developer, it would be necessary to come back on an interim basis to ask for direction. For example, it would be important to have a position on the extension of Clarke Road. Commissioner Parker said there were a number of very pleased people who came away from that meeting and she was interested in hearing what kind of assurances could be given her to guarantee the end product would be equal to the concept presented. Page 12 of 16 Ocoee City Commission Regular Meeting July 17, 2001 I Planning Director Wagner said historically they would have most of the details worked out on a PUD or any kind of development agreement that would give that assurance. If the Land Use proceeds faster than getting all the answers, Commission may, or may not, not wish to proceed with the commercial land use change. He said they could process both as quickly as possible, and if one is ahead of the other and Commission still is not comfortable, they still would have the right to either deny or continue the public hearing until such time as they are comfortable with it. Mr. Rosenthal said they would drop and re-enter la r, but it would be important to watch and be sure no more than two were presented for appro I in one year - and one of those would be the EAR based amendment. Scott Henderson said they were very encouraged y the joint work session and they came away with a general sense of enthusiasm for the con ept, subject to a lot of details. He said in light of the reaction at this meeting to allow t em to look at going forward with the Comprehensive Plan, at that time they would sub it a PUD application for the mixed use development area in order to give this Commission n understanding of the design and details of the project. They would process that in c ~unction with the Comprehensive Plan Amendment side by side with the zoning. With the alance of the property, on the south side, the residential part will be resolved tonight, just n rth of Clarcona-Ocoee Road, part of the strip is zoned agricultural, part is mixed use, part w s proposed as residential. The balance of the property to the north is zoned R-IAA. He said hey would propose to move forward with subdivision plans for the residential properties and ook at moving forward immediately with the south side as well as the north side with an cess point off of the major entry at the western median opening. In conjunction with that ubdivision plan they would present, as a parallel course of action, a developers agreement t at lays out the terms and conditions they are proposing for the overall project. He asked for an opportunity to work with staff to work out the details before the next meeting. Without obiection. staff was directed to meet with Mr. Henderson to work out the schedule and details. Continuation of Public Hearing from May 15, 2001, Ordinance No. 2001-07, Meadow Lakes Phase I Rezoning. Case No. RZ 2000-11-01 (Senior Planner McGinnis) City Attorney Rosenthal read the title only of the Ordinance. Senior Planner McGinnis gave the staff report, advising the subject property is located south and east of Clarcona-Ocoee Road, west of Clarke Road. It comprises approximately 98.517 acres and contains an existing single family dwelling unit. The future land use designation is low-density residential, and the requested zoning is R-IA. The site has a few issues in that the subject property contains properties within the 100 year flood plain, it contains wetlands, and the topography is such that the property slopes down toward the lake. She said surrounding Page 13 of 16 Ocoee City Commission Regular Meeting July 17, 2001 property recently was zoned R-IA, R-IAAA, and R-IAA with a minimum lot size of 10,000 square feet. Ms. McGinnis added that staff finds the request for R-IA zoning premature for this area, but finds R-IAAA zoning consistent with the Joint Planning Area Agreement, Comprehensive Plan Agreement, Land Development Code and surrounding land use in the area. She said the Planning and Zoning Commission recommended approval of the R-IA zoning subject to the creation and execution of a Development Agreement containing the following conditions: (1) A density of no more than 2.5 dwelling units per acre (based on the developable acreage, (2) a maximum of 25 % of the lots to be permitted to have 70 foot lot width. (3) a minimum of 1,400 square foot house size. She added that staff recommended denying the Ordinance rezoning the subject property to R-IA, and supporting Staff's recommendation of an R-IAAA, Single Family Dwelling District. The public hearing was re-opened. City Attorney Rosenthal explained that the Ordinance reflects the request of the applicant. Scott Henderson, 112 South Lake Avenue, representing the Dill Properties, said they were in support of the Planning and Zoning recommendations and he described the conditions regarding lot size, grading/terracing, minimum house sizes, and limiting density. He asked this Commission to support the P & Z recommendation. Discussion ensued, and Mayor Vandergrift directed attention to Table 5-2 in the staff report, which was minimum zoning descriptions on permitted uses. Later in the discussion Mr. Henderson suggested, as a compromise, R-IAA (75 foot minimum lot size), 2.5 density, and 1,600 square foot house size, which would allow them to work with a 25 foot front setback, and 30 foot rear setback. Mr. Wagner agreed this was a better compromise. The public hearing was closed. Commissioner Parker. seconded bv Mavor Vanderl:rift. moved to adopt Ordinance No. 2001-07 with a revision from R-IA to R-IAA as the zoning classification. 75 foot lots. 2.5 dwelling units per acre maximum. 1.600 square foot house size. the 25 front setback and 30 rear setback. and subiect to execution bv all parts of a Development Agreement incorporating those restrictions. Motion carried 4-1 with Commissioner Howell voting no. Second Readings of Ordinances Ordinance No. 2001-16, Amending Chapter 168 by Granting Authority to Certain Fire Department Officials to Enforce Certain Parking and Traffic Provisions Related to Fire Safety. (Fire Chief Strosnider) Page 14 of 16 Ocoee City Commission Regular Meeting July 17, 2001 City Attorney Rosenthal read the title only of the ordinance. Fire Chief Strosnider was present to respond to questions. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Parker. seconded by Commissioner Johnson. moved to adopt Ordinance No. 2001-16 as presented. Motion carried 4-0. Mayor Vandergrift was away from the dais. Ordinance No. 2001.17, Amending Chapter 173 by Enacting a Phased Reduction of the Surcharge Added to Water and Sewer Service Charges for Consumers Outside the City Limits. (City Engineer/Utilities Director Shira) City Attorney Rosenthal read the title only of the Ordinance. City Engineer/Utilities Director Shira was present to respond to questions. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded by Commissioner Parker. moved to adopt Ordinance No. 2001-17 as presented. Motion carried 4-0. Mayor Vandergrift was away from the dais. OTHER BUSINESS Authorization for Silver Glen Street Resurfacing, Reprogram Funds and Award to Pavex by Piggybacking on Orange County Contract. (Public Works Director Smith) This year's budget and CIP funded and authorized the resurfacing of streets in the Silver Glen area, but the increase in the cost of petroleum based products caused the cost of this project to exceed the authorized funding of $53,500 by approximately $5,700. In his staff report, Public Works Director Smith had asked that $3,367 be reprogrammed from sidewalk construction account, 001-541-20-6303 and $3,000 be reprogrammed from road repairs operational account, 001-541-20-5313 to fund this project. Mr. Smith recommended authorization of the reprogramming as requested and awarding the Silver Glen street resurfacing project to Pavex Corporation, piggybacking on the Orange County street resurfacing contract price. Commissioner Parker. seconded by Commissioner Johnson. moved to approve according to staff recommendation. Motion carried 3-0. Mayor Vandergrift and Commissioner Howell were away from the dais. Set Tentative Millage Rate for Fiscal Year 2001-2002. (Finance Director Horton) City Manager Gleason advised the proposed budget has been prepared and is balanced using the current millage rate of 4.7387 per $1,000, which would produce $5,030,862 in revenue. Page 15 of 16 Ocoee City Commission Regular Meeting July 17, 2001 Commissioner Parker, seconded by Commissioner Johnson, moved to set the tentative millage rate for fiscal year 2001-2002 at 4.7387 mills with direction to staff to prepare for the roll-back rate of 4.5272 for budget review. Motion carried 4-1 with Mayor Vandergrift voting no. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Mayor Vandergrift 1) Encouraged citizens to attend the Redistricting meeting and try to get our lines to match the County lines. 2) Reported the need for a temporary traffic light at Professional Parkway and Maguire Road. 3) Advised Johnny Torres if he would bring in the speech he made we would make it a part of the record. 4) The railroad crossing in front of the Lions Club needs to have the plates replaced. 5) Invited all to help clean up Starke Lake on Saturday morning, July 21 from 8:00 a.m. to noon. Commissioner Anderson noted also there many wrecks at Orange A venue and Silver Star Road. ADJOURNMENT The meeting adjourned at 12:45 a.m. Attest: APPROVED: City of Ocoee ~~'[! "-;t ~5 ~-;z:\. /,~j S. Scott Vandergrift, Mayor \ Page 16 of 16