Loading...
HomeMy WebLinkAbout11-21-90 MINUTES OF THE OCOEE CITY COMMISSION REGULAR SESSION HELD NOVEMBER 21, 1990 '-" The regular meeting of the Ocoee Board of City commissioners was called to order by Mayor Dabbs at 7:30 p.m. in the commission chambers. Mayor Dabbs led in the prayer and pledge of allegiance. 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, City Engineer/Utilities Director Shira, Planning Director Behrens, Senior Planner Harper, City Clerk Grafton and Deputy City Clerk Green. ABSENT: None PRESENTATIONS AND PROCLAMATIONS - None CONSENT AGENDA - None COMMENTS FROM CITIZENS/PUBLIC - None "" SECOND READINGS AND PUBLIC HEARINGS OF ANNEXATION/REZONING ORDINANCES Ordinance No. 90-52, Case No. 1-15 R-90: SILVESTRI Rezoning from PUD to C-l and R-l-A City Attorney Rosenthal explained that the petitioner has requested that the second reading and public hearing for this ordinance be deferred until a later date. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the petitioner's request. Motion carried with unanimous vote in favor. Ordinance No. 90-53, Case No. 1-16 AR-90: SPRAYFIELDS Annexation This ordinance was presented by title only and Senior Planner Harper pointed out the location of the sprayfields on the map. Planning Director Behrens presented the staff report, noting that the Planning and Zoning Commission had voted 6-0 to recommend approval. City Manager Shapiro advised that the City had purchased the property earlier to be used for sprayfields. The public hearing was opened and City Attorney Rosenthal read a letter into the record from Michael Gray, representing Robert Howard and Myrtice Howard, objecting to the annexation and rezoning as they felt they had not had sufficient notice of the public hearing. City Attorney Rosenthal said that he respectfully disagrees with Mr. Gray, that Florida statutes were observed in the placing of ads in the newspaper, that courtesy notices were sent to property owners, and that the property zoning use has not changed. As no one else wished to speak the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-53. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ,...... Page 2 Ocoee City Commission Regular Meeting ~ November 21, 1990 Ordinance No. 90-54, Case No. 1-16 AR-90: SPRAYFIELDS Rezoning from AG to A-l This ordinance was presented by title only. The public hearing was opened and Mr. Carl Peavy started to speak and, realizing he was addressing the wrong agenda item, retired to his seat. As no one else wished to speak the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-54. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Ordinance No. 90-55, Case No. 1-39 AR-90: MILTON WEST Annexation This ordinance was presented by title only and the location was pointed out on the map by Senior Planner Harper. City Manager Shapiro explained that the County objects to this annexation as it is only corner contiguous to the City upon the annexation of the sprayfields, but that they will approve the annexation of the sprayfield (see Ordinance Nos. 90-53 and 90-54) if this annexation of the Milton West property is held in abeyance. Mr. Shapiro recommended denying this petition without prejudice so the petitioner can come back next year with more adjacent land owners requesting annexation at the same time. Planning Director Behrens advised that the Planning and Zoning Commission voted 5-1 to recommend annexation and that the Planning Staff concurs. The public hearing was opened and Mr. Carl Peavy, 6234 Jennings Road, Orlando, 32808, spoke in favor of the sprayfield and against the annexation of this parcel. Mr. Byron Peavy, 2228 West Road, Apopka, 32703, also spoke against the annexation. Mr. Lou Roeder, representing the West family, advised that the family agrees that it would be appropriate for them to annex at a later date. Commissioner Foster, seconded by Commissioner Woodson, moved to deny without prejudice the petition to annex represented in Ordinance No. 90-55. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-56, Case No. 1-39 AR-90: MILTON WEST Rezoning from AG to A-2 Suburban This ordinance was withdrawn as no longer applicable due to the action taken in Ordinance No. 90-55. Ordinance No. 90-57, Case No. 1-10 AR-90: REAL Annexation This ordinance was presented by title only and the location was pointed out on the map by Senior Planner Harper. Planning Director Behrens presented the staff report and advised that the Planning and Zoning Commission had voted 4-0 to recommend approval of this annexation and the zoning as requested. The public hearing was opened and, no one wishing to speak, the hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to ~ adopt Ordinance No. 90-57. Commissioner Woodson asked about the Page 3 Ocoee City Commission Regular Meeting ~ November 21, 1990 oak tree at the end of Montgomery Road and was advised by Mr. Roeder that the oak tree as well as all other trees on the property have been taken into consideration in the engineering plans. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-58, Case No. 1-10 AR-90: REAL Rezoning from AG to R-l-AA and R-l-AAA This ordinance was presented by title only. The public hearing was opened and as no one wished to speak, the hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-58. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '-' Ordinance No. 90-59, Case No. 1-14 R-90: GEYS Rezoning from PS to C-2 This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 6- o to recommend approval of this petition. The public hearing was opened and as no one wished to speak, was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Ordinance No. 90-59. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-60, Case No. 1-13 R-90: DAB! Rezoning from R-l-AA to C-2 This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 6- o to recommend approval of this petition. The public hearing was opened and as no one wished to speak, was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90-60. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-61, Case No. 1-28 R-90: ZOM SG Rezoning from PUD - Commercial to C-2 This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 5- 1 to recommend approval of this petition. City Attorney Rosenthal advised that the request is to change the commercial portion of the PUD to C-2 so that it will not be necessary for the developer to come before Commission again before developing that portion. ~ The petitioner does plan to return regarding the contribution Page 4 Ocoee City Commission Regular Meeting ~ November 21, 1990 toward signalization. Commissioner Combs stated that he does not want a filling station at this corner. The public hearing was opened. Mr. R. P. Mohnacky, 1820 prairie Lake Blvd., asked for clarification. Mr. John Moseler, ZOM Developers, was present to answer any questions. The public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-61. On roll call Commissioner Combs voted "nay," Commissioner Foster "aye," Commissioner Johnson "nay," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried with 3-2 vote in favor. Ordinance No. 90-62, Case No. 1-11 R-90: G & F Rezoning from PS to C-2 This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 5- 1 to recommend approval of this petition. The public hearing was opened and as no one wished to speak, was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-62. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '-' Ordinance No. 90-63, Case No. 1-24 R-90: LIESKE Rezoning from Unclassified to R-l-A This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 5- o to recommend approval of this petition. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90-63. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-64, Case No. 1-12 AR-90: SUTTON Annexation This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 6- o to recommend approval of this petition. The public hearing was opened. Mr. Bruce Sutton, 5115 Contour Dr., Orlando, spoke in favor of the petition. As no one else wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Ordinance No. 90-64. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '-" Page 5 Ocoee City Commission Regular Meeting ~ November 21, 1990 Ordinance No. 90-65, Case No. 1-12 AR-90: SUTTON Rezoning from AG to R-l-A This ordinance was presented by title only. The public hearing was opened. Mr. R.P. Mohnacky asked for clarification on the minimum size permitted in R-1-A zoning and Mr. Bruce Sutton spoke in favor of the rezoning. As no one else wished to speak the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson moved to adopt Ordinance No. 90-65. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. RECESS 8:50 - 9:00 P.M. Ordinance No. 90-66, Case No. 1-17 AR-90: UNIVERSITY OF FLORIDA Annexation City Attorney Rosenthal announced that the City has retained the law firm of Fowler, Barice & Colby for Ordinance Nos. 90-66, 90-67, 90-68, 90-69, 90-70 and 90-71 due to a conflict of interest as Foley & Lardner represents Heller Bros. Ms. Carol Barice was present to answer questions for these ordinances. '-' This ordinance was presented by title only and Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that this is the location of a proposed water plant site and that the Planning and Zoning Commission had voted 7-0 to recommend approval of this petition. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-66. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-67, Case No. 1-17 AR-90: UNIVERSITY OF FLORIDA Rezoning from A-l to R-3 and C-3 This ordinance was presented by title only. Planning Director Behrens presented the staff report. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-67. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-68, Case No. 1-27 R-90: HELLER ST Rezoning from R-3 to C-3 This ordinance was presented by title only. Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission voted 7-0 to ~ recommend approval and staff concurs. Mr. Glen Jackson, Vice Page 6 Ocoee City Commission Regular Meeting ~ November 21, 1990 President of Heller Bros. Packing Co., was present to answer any questions. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90- 68. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-69, Case No. 1-26 R-90: HELLER I-l Rezoning from R-3 to I-l This ordinance was presented by title only. Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission voted 7-0 to recommend approval and staff concurs. Mr. Glen Jackson, Vice President of Heller Bros. Packing Co., was present to answer any questions. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90-69. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. '- Ordinance No. 90-70, Case No. 1-25 AR-90: HELLER RXR Annexation This ordinance was presented by title only. Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission voted 7-0 to recommend approval and staff concurs. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90-70. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-71, Case No. 1-25 AR-90: HELLER RXR Rezoning from Orange County R-l to R-3 This ordinance was presented by title only. ~enior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission voted 7-0 to recommend approval and staff concurs. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Ordinance No. 90-71. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-72, Case No. 1-40 AR-90: BOURLAND Annexation This ordinance was presented by title only. Senior Planner Harper ~ pointed out the location on the map. Planning Director Behrens '-" Page 7 Ocoee City Commission Regular Meeting November 21, 1990 noted that this annexation is a reduction of an existing enclave, that the Planning and Zoning Commission voted 5-2 to recommend approval and staff concurs. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-72. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-73, Case No. 1-40 AR-90: BOURLAND Rezoning from AG to C-3 This ordinance was presented by title only. Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission voted 5-2 to recommend approval and staff concurs. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90-73. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-74, Case No. 1-21AR-90:TIBET, Annexation This ordinance was presented by title only. Senior Planner Harper ~ pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning commission voted 6-0 to recommend approval and staff concurs. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Ordinance No. 90-74. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-75, Case No. 1-21AR-90:TIBET, Rezoning from Orange County R-l-AA, to Ocoee R-l-AA This ordinance was presented by title only. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Combs, moved to adopt Ordinance No. 90-75. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Ordinance No. 90-76, Case No. 1-20AR-90:TERRY, Annexation This ordinance was presented by title only. Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 6-0 in favor of recommending approval and staff concurs. The public ~ hearing was opened and as no one wished to speak, the public "-" Page 8 Ocoee City Commission Regular Meeting November 21, 1990 hearing was closed. Commissioner Foster, seconded Woodson, moved to adopt Ordinance No. 90-76. Commissioner Combs voted "aye," Commissioner Commissioner Johnson "aye," Commissioner Woodson Dabbs "aye." Motion carried. by Commissioner On roll call Foster "aye," "aye," and Mayor Ordinance No. 90-77, Case No. 1-20AR-90:TERRY, Rezoning from Orange County R-l-AA to Ocoee R-1-AA This ordinance was presented by title only. The public hearing was opened and as no one wished to speak, the public hearing was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to adopt Ordinance No. 90-77. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ~ Ordinance No. 90-78, Case No. 1-22AR-90:TOM WEST, Annexation This ordinance was presented by title only. Senior Planner Harper pointed out the location on the map. Planning Director Behrens noted that the Planning and Zoning Commission had voted 6-0 in favor of recommending approval and staff concurs. The public hearing was opened. Mr. Bill Fogle, Civil Design Group, representing the petitioner, said that they were willing to move the request for zoning from R-l-A to R-l-AA. As no one else wished to speak, the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to adopt Ordinance No. 90- 78. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. \...- Ordinance No. 90-79, Case No. 1-22AR-90:TOM WEST, Rezoning from Orange County R-l to Ocoee R-l-A This ordinance was presented by title only. The public hearing was opened. Mr. Norman Moy, 822 Chicago Av., presented petitions from 30 property owners in Harbour Highlands I and II requesting the zoning of this parcel to be changed to R-1-AA rather than R-1-A. Mr. Stanley Hoskins, 819 East Harbour Ct., spoke in favor of the change to R-1-AA also. Mr. Fogle, after conferring with Mr. Milton West, stated that he had been authorized by the owner to change the request for rezoning from R-1-A to R-1-AA and he did so at this time. As no one else wished to speak the public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to amend Ordinance No. 90-79 to rezone the parcel from Orange County R-l to Ocoee R-1-AA. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Ordinance No. 90-79 as amended. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. Page 9 Ocoee City Commission Regular Meeting ~ November 21, 1990 City Manager Shapiro stated for the record that the Planning Department, City Attorney, City Clerk Department, and City Commission were to be congratulated for the manner in which this annexation/rezoning cycle has been handled. OTHER BUSINESS Non-Agenda Item City Manager Shapiro advised that the sanitary sewer manhole on Shari Lynn Terrace was in need of emergency repair and requested that Commission give direction at this time. Mayor Dabbs declared this to be an emergency item and asked for a motion. Commissioner Combs, seconded by Commissioner Johnson, moved to authorize the use of up to $25,000 from the Wastewater Reserve for Contingency account to repair the Shari Lynn Terrace manhole problem and also that the standard bidding procedures be bypassed in the interest of time. Motion carried with unanimous vote in favor. STAFF REPORTS - None \..... COMMENTS FROM COMMISSIONERS Mayor Dabbs expressed concern over the deplorable housing conditions and asked City Manager Shapiro when he would be ready to go ahead with both his housing program and the drainage issue. City Manager Shapiro advised that both were scheduled for 1991. Mayor Dabbs said that he and Commissioner Woodson had attended the swearing in ceremony for the new County Mayor. ADJOURNMENT The meeting adjourned at 9:50 p.m. Approved: CITY OF OCOEE \....-