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HomeMy WebLinkAbout09-18-91 SS MINUTES OF THE OCOEE CITY COMMISSIONERS SPECIAL SESSION HELD SEPTEMBER 18, 1991 '-" This special session of the Ocoee Board of City Commissioners was called in order to hold public hearings to (1) amend the Retirement Trust Fund Plan, (2) review and adopt the Comprehensive Plan, and (3) consider Stormwater Management Utility. The meeting was called to order by Mayor Dabbs at 7:30 p.m. in the commission chambers. Mayor Dabbs led in prayer and the pledge of allegiance and, after calling the roll, declared a quorum present. PRESENT: Mayor Dabbs, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer Shira, Planning Director Behrens, and City Clerk Grafton. ABSENT: None '-' PUBLIC HEARINGS Second Reading of Ordinance No. 91-27, "relating to the City of Ocoee Municipal General Employees' Retirement Trust Fund; amending the restated City of Ocoee Municipal General Employees' Retirement Trust Fund by amending Section 2, Membership, Subsection 1, Conditions of Eligibility to provide that current employees shall have a period of ten (10) days to opt out of the plan; repealing all ordinances in conflict herewith; providing for severability and providing an effective date." was presented by title for the second reading and public hearing. City Manager Shapiro explained that this ordinance was necessary because the employees were told that they would have a period of ten days to opt out of the retirement plan and the original document as adopted did not include that provision. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Ordinance No. 91-27 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye." Motion carried. ..,., Comprehensive Plan Review and Adoption Adoption of Resolution No. 91-20, "approving and adopting the Evaluation and Appraisal Report with respect to the Ocoee Comprehensive Plan; providing for transmittal to the State Land Planning Agency; providing for an effective date." was presented by title only. Administrative Director Beamer introduced Randy Fox, Department of Community Affairs Planner, and Mr. Fox advised that he was here with no authority but could answer any questions. Ms. Beamer then introduced the City's consultants, Mr. Jim LaRue, LaRue Planning and Management Services and Mr. Ken Hooper, Professional Engineering Consultants, Inc. Ms. Beamer said there are several housekeeping items to be cleared up: (1) A list of citizens and committees who worked on the plan from the beginning will be in the front of the book; (2) The copies of the plan which were distributed are in loose leaf binders and should be returned to Ms. Beamer so that any corrections can be made and the final version redistributed; (3) The plan is now under a deadline to finish after this hearing and a request for more funds to close will be made October 1; (4) Ms. Beamer thanked staff for their help and especially Kathy Hayes with P.E.C., who typed with speed and accuracy; (5) A resolution needs to be passed. The Evaluation and Appraisal Report of December, 1990 was adopted, but the resolution for it to be officially accepted Page 2 Ocoee City Commission Special Session ~. September 18, 1991 by the Commission was not acted upon; (6) This plan is the same as 1990 with a few required changes; (7) Authority for the Mayor to sign the Letter of Transmittal. Ms. Beamer reviewed the matrix and changes for the Commission. The last page summarizes the dates and requirements. Figure 1 Existing Land Use and Figure 2 Future Land Use Maps. The City did not, according to DCA, have an existing land use map and Figure 1 shows exactly what is on the ground now or what is committed by development. The Future Land Use Map is the same map that was originally transmitted to DCA with some exceptions. Wetlands and water bodies are shown on both maps, as are the cones of influence. The maps also illustrate the current approved and committed areas. Services are delineated to show the ability of the City to cope with service demands. Added elements include setbacks for protection of flood plain and wetlands, protection for new and established residential and non-residential by use of various buffers and a 25 foot buffer for rare and endangered species. An interim level of service has been established as the 25 year/24 hour storm event. A period of 18 months was established as the time in which the City would be changed from urban to urbanized. An open space standard of 5% was developed. Level of Service is identified as Capital Improvements Projects. This is the cornerstone for concurrency management. '-" Resolution 91-20, "approving and adopting the Evaluation and Appraisal Report with respect to the Ocoee Comprehensive Plan; providing for transmittal to the State Land Planning Agency; providing an effective date." was presented by title only. City Attorney Rosenthal called attention to the fact that Exhibit 1, which is actually Chapter 10 in the Comprehensive Plan, is not attached but will be attached later. The public hearing was opened by Mayor Dabbs. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, stood in error. As no one else wished to speak, the public hearing was closed. Commissioner Johnson, seconded by Commissioner Foster, moved to adopt Resolution No. 91-20 as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye". Motion carried. ....... Ordinance No. 91-28, Adopting the 1991 Comprehensive Plan Ordinance No. 91-28, "amending, revising, and replacing in its entirety the Comprehensive Plan of Ocoee, Florida, which will control future land use, guide public facilities, and protect natural resources pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Part II, Florida Statutes); providing for purpose and intent; providing for a title; adopting the following elements of the Ocoee Comprehensive Plan: A Future Land Use Element, Traffic Circulation Element, Housing Element, Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element, Conservation Element, Recreation and Open Space Element, Intergovernmental Coordinantion Element, and Capital Improvements Element; adopting a monitoring '-' Page 3 Ocoee City Commission Special Session September 18, 1991 and evaluation section; providing for public participation procedure; adopting appendices to the Ocoee Comprehensive Plan; providing for applicability and effect; providing for severability; providing for copies of the Ocoee Comprehensive Plan; providing for an effective date." was presented by title. City Attorney Rosenthal explained that the exhibit not attached is to be Chapter 10 of the Comprehensive Plan. The public hearing was opened. Mrs. Bruni Massa, 611 E. Lakeshore Drive, inquired about the stormwater utility. Mr. Shapiro assured her that this is just a plan to be approved by the State. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, questioned the lack of flood plains on either of the two maps supplied with the Comprehensive Plan. The 100 year flood plain is Appendix 5 in the document. The land use map will be incorporated with the Comprehensive Plan. Bob Mitchell, General Manager of TeePee, Maguire Road, inquired about the stormwater fee. He spoke of the $3.00 fee per ERU and requested consideration for commercial enterprises. He was informed that this would be discussed in the public hearing to follow. '-" Scott Wilt, Attorney, Maguire Road Corp., asked to talk about Maguire Road Corp. and Plantation Grove PUD. He explained that one of the graphics (Future Land Use Map, September 11, 1991) had been provided to him by Planning Director Behrens. There are three options depicted. Maguire Road Corporation is here to explain Option 2 and why Option 2 would be acceptable to them with one clarification, which is the way that Plantation PUD would be represented on the Future Land Use Map. ~ Lou Roeder, Phoenix Development Group, Orlando Pointing to various maps, Mr. Roeder talked about the Comprehensive Land Use Plan explaining that commercial was shown all the way down to the realigned Moore Road, surrounded by multi-family and residential. He had one objection to this, he already had land use approval down to the presently existing Moore Road which is reflected on the maps. Phoenix Development Group annexed the total balance of their property into Ocoee back in 1988. Annexation, Comprehensive Land Use plan, and zoning were all accomplished at the same time. In annexation and in the comprehensive land use plan, the amendments attached to the Ordinances showed the bulk property and described so many acres of residential and so many acres of commercial. The Developers Agreement, also accomplished at that time, was attached to his initial land use map for the project. There have been no changes to his property or to the Developer Agreements since that time. There were changes to the PUD. Land use designations in PUD are not necessarily the uses in the Comprehensive Plan. In 1989, they were asking about moving the commercial up and moving the "L" shape (multi-family) down to Moore Road. They specifically asked if they could have single family on top of multi-family without changing their multi-family. The reason for this is if they had single family and multi- family, if they put the last phase of single family on top of multi-family without changing the land use, it is possible to put a lower density land use on top of multi-family. Had they done that, if the single family market declined, they could go ahead and site plan multi-family back on the multi-family site. ~. Page 4 Ocoee City Commission Special Session September 18, 1991 The multi-family is still there, it was never changed. He is objecting to the commercial being moved down to the realigned corner because there could be some misinterpretation that people to the south feel they are entitled to that commercial designation. They had submitted a plan in February, 1991 in anticipation of buying the land to the corner. They went to DRC and they had that review and that showed multi-family and commercial down to the corner and then single family. The answer to a question regarding buying the property, they were told they would not get any more commercial, but they could annex and incorporate into the PUD and then shift the land uses around. They have not purchased the additional property, and, on the terms expressed by DRC, cannot shift the land uses. He explains his position on this subject as, he feels what is reflected on the Future Land Use Plan should be the same as his land use proposal and the Comprehensive Plan. Mr. Wilt: Options 1 and 2 have one difference, a 5 acre strip of land north of the realigned Moore Road. This, with the realignment, would become part of Plantation Grove PUD. Mr. Wilt asked if Maguire Grove Development, owner of the property, could shift the commercial to the south without going through a comprehensive plan amendment. Option 2, with that clarification, would be acceptable. ~ Attorney Rosenthal asked Mr. Behrens to present the recommendation of the Land Planning Agency and the specific change they requested to the future land use plan. Mr. Behrens read the recommendation that selected Option 2, reinstating single family on the 5 acres directly north of the realigned Moore Road. The LPA thought they were putting the plan back to what it was. Quoted from the report: "Approve the recommendation of the Local Planning Agency which would reflect on the Future Land Use Map the approved land use for the Westridge PUD, but would grant the Plantation Grove PUD a possible multi-family use." Attorney Rosenthal stated that Planning and Zoning and Land Use Agency also recommended that except with that change, the City Commission approve the Comprehensive Plan with all appendices as presented. The Future Land Use Map should be consistent with existing zoning on this property. Meeting recessed 8:35, reconvened at 8:57 p.m. "" Ms. Beamer reported that, based on acreage on the digitized map, there is very little difference in Option 2 or 3. Attorney Rosenthal clarified the situation by saying either Option 2 or Option 3 could be selected. The staff would recommend Option 2. The public was asked for additional comments on the Comprehensive Land Use Plan and none were received. At Mr. Rosenthal's recommendation ~, Commissioner Foster moved to amend the Future Land Use Map attached to Ordinance 91-28 in order to reflect Option 2 which would be the recommendation of the Local Planning Agency which would reflect on the future land use map the commercial, multi-family and single family usage of the Plantation Grove PUD. The motion was seconded by Commissioner Combs. 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 Special Session September 18, 1991 Mr. Russell Shelton, 721 Busbee Ave., Apopka, spoke about the sewer connection involved with Pioneer Key Mobile Home Park. His mother has lived there for 12 years and has paid for sewer connections. He protests the $2,865.00 connection charge that will soon be required. Mr. Shelton was informed there would be another public hearing at a later date. Mr. Shapiro stated there were several other options and appeals available to these people. This was further discussed with Mr. Shelton. Mr. Shelton requested the Commission give these people more of a break. He cited problems within the trailer park. Mr. Allan Charron, 2313 Fawn Place, Orlando, read a letter from ZOM Companies into the record. This letter is attached as Exhibit "A". Ms. Beamer mentioned that this section was added during work session by request of Land Planning Agency and Commission. Planning Director Behrens stated that Orange County has a policy that says at the intersection of major roads, only three of the four quadrants can be used for commercial related activities. Restricting use of gas station or automobile related activities to two quadrants does not constitute a taking. Any two of the four owners could apply for permits for gas stations. The special requirements (extra driveway cuts and medium cuts) of filling stations may put them in a special exception category. Commission is saying it wants to look carefully at these uses. Mr. Wilt also signed in representing Starke Lake Joint Venture and wanted to have Ordinance 90-58 clarified. He will take this up with staff. '-' Mr. R. P. Mohnacky, 1820 prairie Lake Boulevard, asked what aquifer recharge means. Mr. Hooper explained this would be controlled with an interim ordinance to set a 200 foot buffer around the wellhead, would specify testing and, if needed, would expand protection. The public hearing was closed. '-' Commissioner Woodson requested that all dates in the Stormwater Ordinance be moved to October 1992, instead of 1991. He recited the location of the date changes necessary. It was his feeling that the citizens of Ocoee need a break and it would delay some of the charges for one year. Commissioner Woodson moved to amend Ordinance No. 91-28, the element on "Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Water Ground, Aquifer Recharge Element" by changing Policy 3.4 from October, 1991 to October, 1992 and amending Section 4, "Analysis", on Page 18 of the same element to change the same date from October, 1991 to October, 1992, so that the City would implement a stormwater utility program by October, 1992 for the basin studies and for priority improvements within the City's system. Ms. Beamer reported that the ORC report, in the drainage sub-section, talks about Ocoee' s need for including existing and projected drainage facilities. In order to do the analysis and to establish those existing and projected facilities, the City must have the money. Adoption of the proposed amendment would produce a non-compliance plan without the basic element of this stormwater ordinance. Mayor Dabbs announced the motion died for lack of a second. .;) Commission Woodson moved to adopt Ordinance 91-28 with the approved amendment~ to the future land use map element and further authorize the Director of Administrative Services to correct typographical, grammatical and scriveners Page 6 Ocoee City Commission Special Session ~ September 18, 1991 errors contained in the Comprehensive Plan and Ordinance 91-28 and further authorizing the Mayor to execute a letter of transmittal forwarding Resolution No. 91-20, Ordinance 91-28 and the Comprehensive Plan to the Department of Community Affairs. The motion was seconded by Commissioner Johnson. Planning Director Behrens recognized the 80 citizens of Ocoee who served on the various committees throughout the development of this plan. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye". Motion carried. Mayor Dabbs recognized Montye Beamer, Lisa Claman, Jack LaRue and all the people who contributed to this effort. Ms. Beamer stated that the documents will be forwarded to DCA. Keeting recessed at 9:43, reconvened at 9:50. "'-" Second Reading of Ordinance No. 91-20, relating to Storm Vater Management Utility "creating Chapter 35 of the Code of Ordinances; providing for the creation of a Stormwater Management Utility; providing for authority; providing for findings and determinations; providing for definitions; providing for the establishment of a Stormwater Utility Fee; providing for a schedule of rates; providing for stormwater utility fee billing and collection and for the placement of a Ie in on real property in the event of nonpayment; providing for site inspections; providing for powers, duties and responsibilities of the City Engineer and Director of Public Works; providing for adjustment of fees and appeals to the City Commission; providing for a Stormwater Management Fund; providing for severability; providing an effective date." was presented by title only. Ms. Beamer gave an overview of this document. As a part of the Comprehensive Plan, the City must participate in stormwater management through a stormwater utility, which, in part, offers funding. The ordinance permits formation of the utility, maintenance of the utility and improvements to the utility. Tom Kelley, PEC, 200 E. Robinson Street, Orlando, stated that the Stormwater Utility Report will serve as a decision making and enabling document. The City did not have the inventory and other data that was necessary for the Comprehensi ve Land Use Plan. He explained the mechanics of preparing this document. From the study comes the recommendation that a flat rate be charged for residences and that businesses be charged on the basis of impervious area divided by 2054 sq. ft. (the calculated residential equivalent). Residential charges are recommended at $3.00 per month and businesses at $3.00 per month times the result of the calculation of impervious areas. The public hearing was opened. ~ Mr. Ed Schmidt, 107 Minor Court, owns a trucking company in Ocoee. He thanked Commissioner Woodson for trying to stand up for the people of Ocoee. He state~ the stormwater charge is an anti-business tax. He asked why this could not be a flat rate. He cited some of the problems caused for businesses. He asked the charge be changed to favor the businesses. '-" Page 7 Ocoee City Commission Special Session September 18, 1991 Mr. Jerry Sims, 609 Spring Lake Circle, asked if the $3.00 is for studies. Mr. Shapiro answered that some of the money will be spent for studies, some for capital equipment and some for building the facilities needed. Mr. Sims asked if there would be a duration, a time limit, and couldn't some of these studies be incorporated and the money spent more wisely. Mr. Sims mentioned Clark Road and 3 engineering firms. He contends that the City is paying 3 profits. He recalled that there have been 3 engineering reports in the last 3 years, all saying the same thing, none of which have been used. Mrs. Bruni Massa, 611 E. Lakeshore Drive, asked if the 16 drainage sub-basins being talked about are in existence. She expressed her concern wi th so many increases. She asked specifically if the General Fund purchased equipment before. She was told the General Fund was supposed to be buying equipment but had not been. Mr. Shapiro explained that years ago the groves were able to support a great deal of natural prevention for some of the problem confronting the City now. Since the groves no longer exist, the City is finding it necessary to undertake numerous projects. Ms. Massa asked about the lawsuit just settled for $195,000.00 and wondered about the precedent this set. Mr. Shapiro explained a little about that specific lawsuit. She asked about the second suit and was told it was not related to the first. Mr. Kelley made the point that the Stormwater Utility charge is not a tax, it is a user charge. ~ Everett Eastham, 613 Aldama Court, stated that new development has retention in place, as approved by the City, they are not contributing to the problem, why are they charged. Mr. Shapiro stated they are contributing to the problem in various ways. Mr. Easthan feels the City is not doing a good job of educating the public. He warned the Commission that somehow they are going to have to get hold of the taxes. He cited businesses that have already left. Mr. Kelley called attention to the retention pond requirements. The ponds do fill up and need to be drained to handle a 100 year storm water condition. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, is not against stormwater management, but is against the stormwater utility. He suggested the City start using what it has from studies before it gets more studies. New development should take care of the problem. The public hearing was closed. Commissioner Woodson moved to table this ordinance until a more equitable fee can be determined. Motion died for lack of second. '-' Mr. Shapiro said that it has been studied already, and explained where the figures came from. There was consideration put into size of lots, credits for businesses, etc. However, businesses do have more impervious surfaces and they do add to the situation in general business activities. This method is the simplest and easiest to uphold. Attorney Rosenthal explained that the ordinance treats residential and non-residential in the same manner. It does create an average for all the residences and uses the same basis for businesses. '-" Page 8 Ocoee City Commission Special Session September 18, 1991 Commissioner Foster asked Mr.Schmidt how it impacted his business. The charge breakdown is about $63.32 per acre per month. Mr. Schmidt admitted it would not impact him personally, but he speaks for the businesses in Ocoee. Commissioner Foster calculated that the business community will pay about $97,000.00, about 1/3 of the cost of this program which seems a little inequitable. The response to Mr. Foster was that about 1/3 of the area in the City is business and it appeared to be about correct. Even the calculation for residences is not perfect. Attorney Rosenthal responded that it seems businesses will not be able to move anywhere in Florida without paying these charges. Mayor Dabbs moved to adopt the Stormwater Utility Ordinance, Ordinance No. 91- 20. Commissioner Johnson seconded. Commissioner Johnson spoke to the public about this situation, saying there was no way to please everyone. Citizens want the problems corrected but don't want to pay for anything. Mayor Dabbs reported that he is glad for 9J5 to force the issue. This shows fiscal responsibility. Commissioner Combs reported he has concern for citizens' pocketbooks in mind. He takes exception to anybody saying this Commission does not spend its money wisely. Commissioner Woodson stated he thinks this is necessary to do, it was just he was hoping to delay it for one year because of the sanitation increase. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson "aye," and Mayor Dabbs "aye". Motion carried. '-" Commissioner Combs moved to advertise a request for proposals for drainage basin study and to utilize the $5,000.00 out of fiscal '92 budget. Commmissioner Foster seconded and motion carried unanimously. COKKISSIONER COKKENTS: Commissioner Johnson announced a car wash this Saturday for the Calvert Liver Transplant Fund at the Redi-Mart. ADJOURNKENT The meeting was adjourned at 11:07 p.m. Approved: ~ \.., \...,-. ...., \-. EXHIBIT A (to minutes of September 18, 1991) J"..............:'.... " o,-/0t""\,^"y#,,,fii; 0A__",",_""',,~_,,.._81.,fl; ..... lil1!'i-,!lJiik .......~ ,- ~ 4 , COMPANIES September 18, 1991 Board of City Commissioners City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Re: Policy Section 6.8 - Proposed Future Land Use Element Gentlemen: I am writing you on behalf of ZOM Silver Glen, Ltd., owner of an approximate 11.79 acre parcel on the northwest corner of Silver Star Road and Clark Road, within the city limits of Ocoee. Specifically, I would like to register the owner's objection to Section 6.8 of the proposed future land use element. The owners purchased the subject property in November 1987. As a part of the purchase price, a substantial sum was paid to u.S. Home as a contribution toward the offsite improvements required pursuant to the Silver Glen P.U.D. agreement. Further, we have cooperated with the City over the past few years to plan the Clark/Silver Star intersection and road improvements. This has required both time and out of pocket expenses. For instance, our preliminary site plan (copy attached) has been amended to accommodate the City's desire to located curb and median cuts at specific points. Additionally, we have donated land at the intersection in order to allow for planned intersection improvements. The only way to recoup these costs is through the sale and development of the property. To limit the uses for Outparcel "B" would significantly impact both the timing of sale and the price that can be achieved. Secondly, we feel that the proposed use limitation is an unfair and perhaps unconstitutional taking of our vested property rights. Our current zoning classification specifically allows for retail gasoline service stations. If the City is concerned about esthetics, adequate and reasonable controls can be implemented during the site plan approval process to require buffer yards, green space, signage controls, etc. Many of these controls are already in place and can be augmented in the Land Development Regulations that will be drafted after the GMP plan is adopted. ZOM REALTY, INC. LICENSED REAL ESTATE BROKER lOM-LEE OFFICE CENTER 2269 LEE ROAD, WINTER PARK, FLORIDA 32789-1866 407-644-6300 TELEFAX: 407-740-5769 \w Page Two Board of City Commissioners September 18, 1991 If the City's concerns are not aesthetic, what public purpose is served by a blanket limitation on the number of gasoline stations that can locate at an intersection? Are gas stations any more or less offensive than other uses permitted in C-2? The C-2 category allows for feed stores, taverns, bath houses, roller rinks, printing plants, nurseries, etc. We submit that any of these uses could be less aesthetic than a well designed and properly landscaped "gasoline station" or retailer of "auto-related activities." Such decisions should be properly governed by natural forces in the marketplace and not arbitrarily limited through governmental restrictions. In summary, the owners have expended significant monies and resources in order to maximize the value and marketability of the Silver Glen commercial property. The property was purchased and planned in reliance on existing zoning ordinances. To limit our uses now, while not advancing any significant public purpose, is unfair at a minimum and perhaps unlawful. \..., We respectfully request that Section 6.8 be deleted from the proposed plan. Sincerely, ZOM Silver Glen, Ltd. E(t~;.~ti;d1 ~ President, ZOM Properties, Inc. as General Partner cc: Joost P. Zyderveld John Moseler Alan Charron ~