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HomeMy WebLinkAbout10-31-90 SS MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS SPECIAL SESSION HELD ON OCTOBER 31, 1990 '-' The special session of the Ocoee Board of City Commissioners was called to order by Mayor Dabbs at 7:30 P.M. in the commission chambers. The roll was called and a quorum declared present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Planning Director Behrens, City Clerk Grafton, and Deputy City Clerk Green. ABSENT: None. ~ CONSENT AGENDA The proposed consent agenda consisted of items A, 1 through 19. Annexation Hold Harmless Agreements 1. Case No. 1-32 AR-90: SHEPLER 2. Case No. 1-29 A-90: KENJEN SOUTH 3. Case No. 1-30 A-90: KENJEN NORTH 4. Case No. 1-41 AR-90: WORSHAM #1 5. Case No. 1-42 AR-90: WORSHAM #2 6. Case No. 1-33 AR-90: OZANIAN #1 7. Case No. 1-34 AR-90: OZANIAN #2 8. Case No. 1-19 AR-90: HEAVENER 9. Case No. 1-35 AR-90: WINGFIELD 10. Case No. 1-37 AR-90: CHRISTIANSEN 11. Case No. 1-31 A-90: BROWNING 12. Case No. 1-38 A-90: BESADE 13. Case No. 1-9 AR-90: RAIDLE 14. Case No. 1-23 AR-90: STEELE 15. Case No. 1-39 AR-90: MILTON WEST 16. Case No. 1-10 AR-90: REAL 17. Case No. 1-12 AR-90: SUTTON 18. Case No. 1-25 AR-90: HELLER RXR 19. Case No. 1-40 AR-90: BOURLAND Commissioner Combs, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. Mayor Dabbs recognized a planner with Orange County, Robert Wiegers, 201 S. Rosalind, Orlando, who had asked to address the Commission regarding the City's annexations and rezonings. City Manager Shapiro requested an opportunity to respond following Mr. Wiegers' comments. As this was not a public hearing, Mayor Dabbs explained that only Mr. Wiegers and Mr. Shapiro would be permitted to speak to Section V. of the agenda. City Attorney Rosenthal explained that the County had requested the opportunity to appear tonight so that the Commissioners would have advance notice of the County's position and would have opportunity to reflect on it before the public hearing. ~ \. Page 2 Ocoee City Commission Special Session October 31, 1990 Mr. Wiegers said the County Commission had considered Ocoee's proposed annexations at their meeting on Monday, October 29th. Also, a County representative had presented the County's position for the record at the Public Hearing before the Planning and Zoning Commission earlier this month. He listed for the record the proposed annexations to which the County objected along with the reasons for objections. Other County comments will be made at the Public Hearings to be held on November 20th and 21st. ~ Case No. 1-29 and 1-30, KenJen - The County objects because this parcel is outside the current Joint Planning Area. The County wants an amended JPA agreement signed before this parcel is annexed. Case No. 1-35, Wingfield - The County is concerned that an enclave would be created by annexation of this parcel. Case No. 1-37, Christiansen - The County is concerned that, in conjunction with 1-35, annexation of this parcel would help to create an enclave. Case No. 1-38, Besade - The County objects because this parcel is outside the Joint Planning Area and is not under review to be added to the JPA. Case No. 1-16, Sprayfields - The County would like to see the City continue to try to incorporate more property with this parcel in order to make its borders more compact and contiguous. The County has no objections to the use of the property for a golf course. On some of the other annexations the County Commission had expressed concerns about the creation of enclaves because it is the Commission's policy not to support the creation of enclaves. Mr. Shapiro noted for the record that no City representative was permitted to speak at Monday's County Commission meeting. And further, although we had proposed a joint planning session months ago with the County and other cities regarding the expansion of our joint planning area and utility service, and though they promised action in forty-five days, they did not follow through on it. In the absence of a response from the County the City accepted annexation petitions. By blocking the City's annexation of the KenJen property, the County will prevent the cost-free acquisition of that portion of the Clark Road right-of-way. In addition to this, though denying us a utility easement, the County will expect in the future to place a forty-two inch line in our street. With regard to the Wingfield annexation, the City is not creating an enclave, it is reducing one within its planning area and for which it is already providing sewer service. The City is also reducing an enclave by annexing the Christiansen \....- Page 3 Ocoee City Commission Special Session ~ October 31, 1990 '-' ~ property. As area, Staff annexation. City, there the Besade parcel is outside the City's planning recommending denial of this petition for finally, as the Sprayfields are owned by the be no problem in annexing the property. is And should Mayor Dabbs expressed the hope that a better dialogue could exist between the City and the County for the benefit of the tax-payers. DISCUSSION AND DECISION REGARDING REQUEST FOR DELAY BY PLANNING AND ZONING COMMISSION: Case No. 1-35 AR-90: WINGFIELD Planning Director Behrens explained that the Planning and Zoning Commission, even after two meetings, could not agree on whether or not they would recommend minimum lot widths of forty (40) feet and side yard setbacks of less than seven and one-half (7.5) feet and had requested additional time to review the Land Use Plan for Lake Whitney P.U.D. (formerly Belmere Development). Staff recommended that the City Commission deny the Planning and Zoning Commission request because the remaining issues of minimum lot width and side yard setbacks could be adequately addressed by the City Commission in their public hearing scheduled for November 20, 1990. Attached to the Staff Report was a chart submitted by the developer for proposed lot sizes and setbacks. While Commissioners expressed serious concerns with the proposed lot widths and setbacks, they were also concerned about setting a precedent by consideration of substantive development issues prior to annexations. They agreed to defer further discussion about these details until the public hearing. City Attorney Rosenthal advised that the Commission's prerogatives from a legal standpoint were: 1) To grant the request of the Planning and Zoning Commission and give them additional time which would result in us taking the annexation and zoning off of the current schedule and awaiting a recommendation from the Planning Commission; 2) To move forward to the public hearing, to have the first reading on both annexation and zoning this evening, and make whatever decision you consider appropriate at the second reading and public hearing; or 3) To continue forward, but to ask the Planning and Zoning Commission to readdress the issue at their mid-November meeting and give a recommendation to the City Commission for the November 20 public hearing. After lengthy discussion, Mayor Dabbs called for a motion and Commissioner Foster moved to deny the request of the Planning and Zoning Commission and to move forward with the first reading of the Wingfield Annexation and Rezoning Ordinances. Commissioner Combs seconded, and the motion carried with a vote of four to one in favor. Commissioner Woodson cast the dissenting vote. Commissioner Johnson asked Mr. Behrens to notify the Planning and Zoning Commission that they could address the Commission about this issue at the November 20th public hearing. Page 4 Ocoee City Commission Special Session ~ October 31, 1990 RESOLUTION NO. 90-20: CALLING FOR REGULAR CITY COMMISSION MEETING ON NOVEMBER 21, 1990 City Manager Shapiro explained that an additional City Commission meeting is necessary to hear second reading on various annexation ordinances. Florida Statute Section 171.044(2) requires a municipality to adopt annexation ordinances at regular meetings. Ocoee Charter Article II, Section 5 provides that the City Commission meet at such times as may be prescribed by ordinance or resolution. Commissioner Woodson moved to adopt Resolution 90-20, resolving that a regular City Commission meeting be held on Wednesday, November 21, 1990 at 7:30 P.M. in the Ocoee Community Center. Commissioner Johnson seconded, and the motion was unanimously approved. \w FIRST READING OF ANNEXATION AND REZONING ORDINANCES (Second Readings and Public Hearings are scheduled for items A thru Z for November 20, and items AA thru VV for November 21, 1990) Mayor Dabbs exercised the prerogative of the Chair to take three cases from Item V out of sequence to assist Mr. Steve Fieldman, the representative for those cases, as he needs to leave for personal business. Attorney Rosenthal then read by title only the following proposed ordinances: Ordinance No. 90-38, Case No. 1-19 AR-90: HEAVENER Annexation Ordinance No. 90-39, Case No. 1-19 AR-90: HEAVENER Rezoning from AG to C-2 Ordinance No. 90-41, Case No. 1-18 R-90: GOODMAN Rezoning from C-1 to C-2 Ordinance No. 90-62, Case No. 1-11 R-90: G & F LAND Rezoning from PS to C-2 RECESS from 8:10 to 8:20 Prior to continuing the first readings, Attorney Rosenthal explained changes from copies of ordinances which were distributed in the packets for this meeting to those which will be distributed for second reading. Ordinances 90-44, 90-45, 90-26, 90-27, and 90-43 now have corrected legal descriptions. He read into the record a revision for Ordinances 90-52 and 90-58 which added: "Section 3. That the zoning classification, as defined in Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from 'PUD, Planned Unit Development' to 'C-1, Neighborhood Shopping District': SEE EXHIBIT 'B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF." ,..., Page 5 Ocoee City Commission Special Session ~ October 31, 1990 For Ordinance 90-67, "Exhibit B" has now been properly labeled. In a final checking of Ordinances 90-36 and 90-37 (Ozanian), it was discovered that the applicant had submitted an incorrect legal description on the annexation application which did not match the developers agreement with the City. The Ozanians are correcting their application and the two ordinances will be read tonight with the correct legal descriptions attached. Only Ordinance 90-37 required a correction in title. It should be amended with reference to the location of the property to read "north of State Road 50 and on both sides of Clark Road". '-' Typographical errors corrected in the Agenda were as follows: Items I & J - Case No. 1-34, should be Case No. 1-33 Item J - Rezoning from AG to C-2 and PS, should be to PS Items K & L - Case No. 1-33, should be Case No. 1-34 Item L - Rezoning from AG to PS, should be to PS and C-2 Item JJ - ZOM 50 should be ZOM SG Item LL - Rezoning from Unclassified to R-1-AA, should be to R-1-A Rezoning from A-1 to C-3, should be to R-3 and C-3 Case No. 1-27 AR-90, should be 1-27 R-90 Rezoning from Orange County SFR to R-3, should be Orange County R-1 to R-3 Item PP - Item QQ - Item TT - Attorney Rosenthal then read the following proposed ordinances by title only: Ordinance No. 90-26, Case No. 1-32 AR-90: SHEPLER Annexation Ordinance No. 90-27, Case No. 1-32 AR-90: SHEPLER Rezoning from R-1 to R-1-A Ordinance No. Ordinance No. Ordinance No. Ordinance No. AG to C-2 Ordinance No. 90-32, Case No. 1-42 AR-90: WORSHAM #2 Annexation Ordinance No. 90-33, Case No. 1-42 AR-90: WORSHAM #2 Rezoning from AG to R-3 Ordinance No. 90-34, Case No. 1-33 AR-90: OZANIAN #1 Annexation Ordinance No. 90-35, Case No. 1-33 AR-90: OZANIAN #1 Rezoning from AG to PS Ordinance No. 90-36, Case No. 1-34 AR-90: OZANIAN #2 Annexation Ordinance No. 90-37, Case No. 1-34 AR-90: OZANIAN #2 Rezoning from AG to PS and C-2 Ordinance No. 90-40, Case No. 1-36 R-90: VOSS Rezoning Ordinance No. 90-42, Case No. 1-35 AR-90: WINGFIELD Annexation Ordinance No. 90-43, Case No. 1-35 AR-90: WINGFIELD Rezoning from RCE to PUD - Residential 90-28, 90-29, 90-30, 90-31, Case Case Case Case No. No. No. No. 1-29 1-30 1-41 1-41 A-90: KENJEN SOUTH Annexation A-90: KENJEN NORTH Annexation AR-90: WORSHAM #1 Annexation AR-90: WORSHAM #1 Rezoning from '-'- Ordinance No. 90-44, Case No. 1-37 AR-90: CHRISTIANSEN Annexation Ordinance No. 90-45, Case No. 1-37 AR-90: CHRISTIANSEN Rezoning from A-1 to PUD - Residential Ordinance No. 90-46, Case No. Ordinance No. 90-47, Case No. Ordinance No. 90-48, Case No. Ordinance No. 90-49, Case No. A-1 to PS Ordinance No. 90-50, Case No. 1-23 AR-90: STEELE Annexation Ordinance no. 90-51, Case No. 1-23 AR-90: STEELE Rezoning from A-1 to PS Ordinance No. 90-52, Case No. 1-15 R-90: SILVESTRI Rezoning from PUD to C-1 and R-1-A Ordinance No. 90-53, Case No. 1-16 AR-90: SPRAYFIELDS Annexation Ordinance No. 90-54, Case No. 1-16 AR-90: SPRAYFIELDS Rezoning from AG to A-1 Ordinance No. 90-55, Case No. 1-39 AR-90: MILTON WEST Annexation Ordinance No. 90-56, Case No. 1-39 AR-90: MILTON WEST Rezoning from AG to A-2 Suburban Ordinance No. 90-57, Case No. 1-10 AR-90: REAL Annexation Ordinance No. 90-58, Case No. 1-10 AR-90: REAL Rezoning from AG to R-1-AA and R-1-AAA Ordinance No. 90-59, Case No. 1-14 R-90: GEYS Rezoning from PS to C-2 Ordinance No. 90-60, Case No. 1-13 R-90: DABI Rezoning from R-1-AA to C-2 Ordinance No. 90-61, Case No. 1-28 R-90: ZOM SG Rezoning from PUD - Commercial to C-2 Ordinance No. 90-63, Case No. 1-24 R-90: LIESKE Rezoning from Unclassified to R-1-A Ordinance No. 90-64, Case No. 1-12 AR-90: SUTTON Annexation Ordinance No. 90-65, Case No. 1-12 AR-90: SUTTON Rezoning from AG to R-1-A Ordinance No. 90-66, Case No. 1-17 AR-90: UNIVERSITY OF FLORIDA Annexation Ordinance No. 90-67, Case No. 1-17 AR-90: UNIVERSITY OF FLORIDA Rezoning from A-1 to R-3 and C-3 Ordinance No. 90-68, Case No. 1-27 R-90: HELLER ST Rezoning from R-3 to C-3 Ordinance No. 90-69, Case No. 1-26 R-90: HELLER I-1 Rezoning from R-3 to I-1 Ordinance No. 90-70, Case No. 1-25 AR-90: HELLER RXR Annexation Ordinance No. 90-71, Rezoning from Orange Ordinance No. 90-72, Ordinance No. 90-73, from AG to C-3 '- Page 6 Ocoee City Commission Special Session October 31, 1990 1-31 A-90: 1-38 A-90: 1-9 AR-90: 1-9 AR-90: ~ Case No. 1-25 County R-1 to Case No. 1-40 Case No. 1-40 ~ AR-90: R-3 AR-90: AR-90: BROWNING Annexation BESADE Annexation RAIDLE Annexation RAIDLE Rezoning from HELLER RXR BOURLAND Annexation BOURLAND Rezoning \... ~ ~ Page 7 Ocoee City Commission Special Session October 31, 1990 Mayor Dabbs stated that second readings and public hearings for Ordinances 90-26 through 90-51 would be held on November 20, 1990, and the second readings and public hearings for Ordinances 90-52 through 90-73 would be held on November 21, 1990. Both meetings will be held at 7:30 at the Ocoee Community Center. ADJOURNMENT The meeting adjourned at 9:10 p.m.. Mayor Dabbs announced that a brief program will be planned for Veterans' Day on Sunday, November 11th. Mayor pro tem Johnson will be representing the City at the Ocoee program and also at a program to be held at Woodlawn at 2:00 p.m. on that day. Mayor Dabbs said that yesterday's editorial in the Orlando Sentinel had opposed Amendment 3 and he urged everyone to do what they could to counteract it. Approved: Attest: 'M ~ i1~ Martan Green, Deputy City Clerk