HomeMy WebLinkAbout06-18-91 SS
\..,..
MINUTES OF THE JOINT WORKSHOP OF THE CITY COKKISSION
AND THE PLANNING AND ZONING COKKISSION
HELD ON TUESDAY, JUNE 18, 1991
CALL TO ORDER: 5:40 p.m.
PRESENT: Mayor Pro Tem Johnson; City Commissioners Foster and
Woodson; Planning and Zoning Commission Chairman Sims;
Planning and Zoning Commission members Swickerath, Weeks,
Switzer, Linebarier, and Bond; City Manager Shapiro; City
Attorney Paul Rosenthal; Administrative Services Director
Beamer, Director of Planning Behrens, Consultant Jim
LaRue, Consultant York Phillips, Ken Hooper of
Professional Engineering Consultants, City Clerk Grafton,
and Deputy Clerk Resnik.
ABSENT: Mayor Dabbs and City Commissioner Vern Combs; Planning
and Zoning Commission Vice Chairman Shiver; and Planning
and Zoning Commission alternate members Carroll and
Rhodus.
'-"
Mayor Pro Tem Johnson asked for a roll call of both the City
Commission and the Planning and Zoning Commission. Those in
attendance included City commissioners Foster and Woodson and
Planning and Zoning Commission members Linebarier, Switzer, Bond,
Weeks, Swickerath, and Sims.
Mayor Pro Tem Johnson then turned the meeting over to
Administrative Services Director Beamer who explained that the
workshop had been called in order for staff and the various
consultants who have been working on the Comprehensive Plan, to
bring the Boards up to date on the status of the Plan and to get
input as to how to proceed on certain issues.
Administrative Services Director Beamer explained that the "ORC"
Report contained the Objections, Recommendations, and Comments from
the State on the City's Comprehensive Plan that was submitted to
the State for review back in December.
Director of Planning Behrens reminded both Boards that the City had
several hearings last fall and formally approved the Comprehensive
Plan and forwarded it to the state on December 28. Director
Behrens said the City received a 57-page report (ORC Report) back
from the State and that staff and the consultants were now in the
process of reviewing that report and formulating responses. He
said the City will again have to hold hearings and formally adopt
the Comp Plan with changes before it is resubmitted to the state.
~
\.
Page 2
Joint Workshop (City Commission/Planning and Zoning Commission)
June 18, 1991
Administrative Services Director Beamer said staff and the
consultants wanted to hear from both the City Commission and the
Local Planning Agency (Planning and Zoning Commission) to get a
consensus on several issues before they meet with the State to make
sure they are headed in the right direction insofar as answering
the concerns addressed in the report. Director Beamer said the
City will then go through hearings again and adopt the Plan and
then the state will either find it in compliance or not in
compliance.
City Attorney Rosenthal explained that this was a Workshop and not
a pUblic hearing. He said the City Commission would hold a public
hearing to formally vote on changes to the Plan in the near future
and that this meeting was to get a general consensus from the City
Commission and Local Planning Agency.
Director of Planning Behrens said staff felt that the State's
response (ORC Report) was mild and that the City should not have
any major problems complying with what was in the ORC Report.
Administrative Services Director Beamer said staff and the
~ consultants had outlined the major areas of concern for the Boards
to review. She said none of the proposed responses would change
the direction of the Plan but that they would add some wording.
Director Beamer said staff wanted to make sure they were following
in the direction that the City Commission and Local Planning Agency
wanted.
Administrative Services Director Beamer said one of the State's
comments was that the City did not integrate funding with the needs
expressed in the Capi tal Improvements Element. She said in
response to the funding comments, the city has updated the Police
Impact Fee and is currently working on updating the Fire,
Recreation, and Road Impact Fees. She said a stormwater utility
fee would also be charged beginning in October and that staff would
be presenting this to the City Commission for a proposed October
implementation. Director Beamer also said the City was looking
towards developing an Interim Services Fee to be charged to
property owners before the improved land is actually taxed. She
said with all these items in place the State should feel confident
that Ocoee's Plan is financially feasible.
Administrative Services Director Beamer said the City had also
contracted with Professional Engineering Services to provide a
computer generated Land Use Map rather than hand-coloring a map as
staff has had to do in the past. She said this way copies of the
~ map could be generated as needed and it more clearly delineated the
\....
Page 3
Joint Workshop (City Commission and Planning and Zoning Commission)
June 18, 1991
land uses. Director Beamer said this way too, the map could be
printed out so that overlays would show not only future land use,
but existing land use, water and sewer lines, and so on.
Administrative Services Director Beamer said there were only a few
changes made to the Future Land Use Map that was submitted to the
State back in December versus the one that was being shown to the
Boards tonight. She said the property at the northeast corner of
Bluford Avenue and Silver Star Road was changed from a residential
to a commercial designation since it now was the site of a
convenience store. Director Beamer said the new map also shows
wetlands areas since this was something the State had requested.
Lastly, Director Beamer said some of the more major intersections
within the City, including the intersection of Clark and Silver
Star Roads, would be highlighted to show that the City would be
adopting a new policy whereby intensity of uses would be
considered. Director of Planning Behrens then read the proposed
wording for that new policy which said that the Land Development
Regulations shall include standards to regulate the uses of
property where there would be an increased automobile flow as a
resul t. Director Behrens said this would include such uses as
~ gasoline stations, convenience stores with gasoline sales, fast
food establishments with drive-through facilities, and so on. He
said the regulations would include specific provisions for the
number of these types of facilities allowed at such an intersection
as well as buffering requirements and limitations on access points.
Director Behrens said staff had developed this policy in an effort
to prevent all four corners of an intersection from being developed
with gasoline stations or fast food establishments where the
traffic problems created would be overwhelming.
Mayor Pro Tem Johnson asked what would happen to the southeast
corner which is currently in the County. Director of Planning
Behrens said it is currently zoned for mUlti-family in the County
so that would not allow for any of the uses that he was alluding
to. City Attorney Rosenthal said that the property owner would
most likely have to annex into the City to be able to get services
(utilities, etc.) and then the City would be able to have the
control to enforce the policy.
Administrative Services Director Beamer said that all other changes
to the map were done to clarify boundaries. She said that the map
represents future land use projected for the next 20 years.
~
Administrative Services Director Beamer talked about the Traffic
Circulation Element first. She said the main problem was that the
State has Ocoee classified as an "urban" versus an "urbanized"
area. Director of Planning Behrens said the difference between an
'-'
Page 4
Joint Workshop (City Commission and Planning and Zoning Commission)
June 18, 1991
\..
"urbanized" area (the Orlando area, for example) and an "urban"
area is that the state mandates different Level of Service
criteria. In this case, a Level of Service "D" can be used by the
Orlando area for roads but Ocoee, being an "urban" area, has to use
a Level of Service "C". Director Behrens said the City is in the
process of trying to rectify this but that the process to change
the designation takes about six (6) months to one year. Director
Behrens said the City is making application for the change in
designation to the East Central Florida Regional Planning Council.
Planning and Zoning Commission member Linebarier asked why the City
would want to get a designation that would allow for a lower Level
of Service. Director of Planning Behrens said with a Level of
Service "0" the City would not have to be so concerned with having
to go to a moratorium since State Road 50 is already at a Level of
Service "C" and may reach a Level "D" even without the City doing
any additional building along the roadway since the designation
takes into extent the impact that other communities' growth has on
the roadway as well. Director Behrens said with the Level of
Service "D", the City has a better chance to approve some growth
along that roadway and not have to suffer the consequences of
having to go to a moratorium because of the impact that the growth
of nearby communities has on the roadway going through Ocoee.
Ken Hooper of Professional Engineering Consultants (PEC) also said
the City would be in a position to get more funding from the state
with the "urbanized" designation. He said the City could use the
money to do needed intersection improvements, access roads, etc.
Mr. Hooper said the reason it would be favorable for the City to go
to a Level of Service "0" is because that is truly what it should
be for Ocoee but neither the State nor the County has ever gone
through the process to change the designation. He said a lower
Level of Service would also make the State look for more
alternative routes for the traffic which would benefit the City.
Lastly, Mr. Hooper said it would solve the problem of the City not
having to go to a moratorium right away.
Administrative Services Director Beamer said the City will be both
meeting the "urban" standards in filing the Comprehensive Plan with
the State and applying for the "urbanized" classification. She
said the City has two years to get reclassified without having to
worry about moratoriums, etc. She also reminded the Boards that
Level of Service "D" had been submitted originally.
Administrative Services Director Beamer then asked Consultant Jim
LaRue to discuss the issue of Buffer Zones. Mr. LaRue said buffers
were required to protect residential areas that were adjacent to
non-residential areas. The State commented that Ocoee's Comp Plan
~
~
Page 5
Joint Workshop (City Commission and Planning and Zoning Commission)
June 18, 1991
did not address buffers specifically enough. Mr. LaRue said the
City in response had devised buffers according to the intensity of
use next to the residential in question. He said the City already
has some buffers spelled out in the Land Development Regulations
(PUD ordinance, subdivision ordinance) but devised these additional
buffers to satisfy the state requirements.
Administrative Services Director Beamer said the final area she
wanted to cover was Infrastructure. Director Beamer said many of
the comments from the state pointed out that the Plan had some
inconsistencies that were technical in nature.
'-'
Ken Hooper said that the first area, Drainage, was the most
difficult to set the Level of Service for. Mr. Hooper said the
City does not currently have a Master Drainage Plan to work from
and therefore, can not establish Levels of Service at this time.
He said the staff recommends adopting the State standard until the
City can complete the stormwater study; then in six months to a
year from now the City will be able to adopt more specific Levels
of Service. Mr. Hooper said by adopting the State standards, the
City can at least satisfy the comment made by the State.
Mr. Hooper then addressed the issue of septic tanks. He said the
State said the City should try to regulate septic tanks to keep
them away from any wetland areas and water bodies and make sure
they are not installed below the 100 year flood elevation. Mr.
Hooper said the city also would use the State standards for this
issue as set by the Health Department to satisfy the State's
comments. He said by using the State standards, it takes the
burden off of the City and places it on the State.
Consultant York Phillips then discussed the Open Space and
Recreation issues. Mr. Phillips said the State has said there
needs to be a minimum of five (5) percent of open space in each
development. He said this is a relatively low figure and that many
of the City's current regulations far surpass this requirement but
that staff and the consultants did not want to put a larger figure
in the Comp Plan, especially considering it would address not only
subdivisions but also small commercial projects.
Mr. Phillips also said staff recommended that in the definition of
"Open Space", the City take out the sentence that said it did not
include space on the individual lots. He said it is easier to be
more specific or enact more stringent requirements in the Land
Development Regulations than to try to incorporate everything in
~ the Comp Plan.
\.
\w
'-"
Page 6
Joint Workshop (City commission and Planning and Zoning Commission)
June 18, 1991
Administrative Services Director Beamer said there was one last
item, Right-of-Way Requirements, that staff felt could be lowered
to 130 feet rather than the 150 feet. She said if the City needed
to negotiate on the lower figure, it could go from there but that
staff and the consultants felt that 130 feet would be more than
adequate for anything the City would require.
Administrative Services Director Beamer asked if either the City
Commissioners or the Local Planning Agency members had any
questions, comments, or concerns on any of the issues they had
heard about tonight. Planning and Zoning Commission member
Swickerath asked if the right-of-way figures included building
setbacks and staff and the consultants said they do not.
Commission member Swickerath asked how they anticipated handling a
si tuation where the City would need to widen a roadway and the
widening would result in needing more right-of-way and therefore
reducing existing front yards along that roadway. He wanted to
know how the ci ty' s response to the right-of-way issue would
address this particular problem. City Attorney Rosenthal said the
current City Code addresses roadway widths. Ken Hooper said the
standards for the various classifications of roadways will stay
pretty much the same as they are now. Administrative Services
Director Beamer said the level of specificity in the Comp Plan
should really only be the minimum that the State requires and that
it is easier to elaborate on these minimums in the Land Development
Regulations than having to do Comp Plan Amendments which can only
be done two times a year.
City Commissioner Woodson said he noticed that a lot of the Plan's
timeframes had changed from five (5) years to one (1) year for
implementation and he wanted to make sure the City was not
overextending itself. Director of Planning Behrens said that the
timeframes were all to satisfy State requirements and that these
timeframes would not cause the city any problems.
Administrative Services Director Beamer said staff was looking for
direction from both Boards as to whether they should proceed along
the lines as they have recommended tonight or whether the Boards
would like to make any changes to these recommendations. City
Attorney Rosenthal reminded the Boards that because this was a
Workshop, no formal action could be taken. He suggested that the
Board members speak up if they had a problem with any of the issues
and recommendations discussed tonight and if not, then staff could
proceed with the recommendations that they had outlined.
Planning and Zoning Commission Chairman Sims asked what other
cities' Comp Plans included as far as buffer zones were concerned
and Jim LaRue said that most municipalities have been going with
'-'
Page 7
Joint Workshop (City Commission and Planning and Zoning Commission)
June 18, 1991
the minimums set by the State. He said the Department of Community
Affairs had seen this used a lot and for that reason it was a safe
way of ensuring compliance or at least a point from which to start
with when the City meets with the state to discuss this issue.
Planning and Zoning Commission member Linebarier questioned the
five (5) percent Open Space standard as a minimum from which the
City would negotiate with the State if it had to. When asked for
an opinion on this issue, all of the Planning and Zoning members
with the exception of Mr. Linebarier said they would recommend the
5 percent as a starting point from which to negotiate if need be
with the State. Mayor Pro Tem Johnson and Commission members
Foster and Woodson also agreed with staff's recommendation of 5
percent. Planning and Zoning Commission member Linebarier said he
was worried it would be reduced in later years if allowed to start
out at that figure.
There being no further comments on any of the items discussed, the
meeting was adjourned.
~ ADJOURNMENT: 7: 10 p.m.
ATTEST:
~
~