Loading...
HomeMy WebLinkAbout07-21-92 ~ MINUTES OF THE CITY OF OCOEE BOARD OF COMMISSIONERS REGULAR MEETING HELD July 21, 1992 The regular meeting of the City of Ocoee Board of Commissioners was called to order by Mayor Dabbs in the commission chambers at 7:30 p.m. After leading in the prayer and pledge of allegiance, Mayor Dabbs called the roll and declared a quorum present. PRESENT: Mayor Dabbs, Commissioners Combs and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer /Utili ties Director Shira, Administrative Services Director Beamer, Building Official Flippen, Planning Director Behrens, Consultant Jim Larue, and City Clerk Grafton. ABSENT: Commissioners Foster and Johnson Before beginning with the agenda, Mayor Dabbs read a proclamation proclaiming August 1, 1992 VOTER REGISTRATION AND EDUCATION DAY. PRESENTATIONS AND PROCLAMATIONS Citizens for Representative Government - Professor Richard E. Foglesong reported on the proposed changes to Orange County Charter. Mrs. Kelva Sevig, parent of a West Orange High School student, thanked all who contributed toward the Project Graduate lock-in in June at Wet lie Wild, and presented a plaque of appreciation to Mayor Dabbs. '-' CONSENT AGENDA The consent A. B. agenda consisted of items A, B, C, D, and E. Acceptance and Approval of Minutes of Regular Commission Keeting of July 7, 1992. ~oval and Authorization of P~~P.9sal for ProceduJ;'es for Additional Services for Compliance Review of Franchise Fees and Utility Taxes 10 be Added-1~the~J(j_sting Agre~ment 91-05-01 with McDirmih Davis, Lauteria & Company. Approval__anLAu~horiz~tion for Mayor and City- Clerk ~_ Execute Yeilding & Provost Work Order 15 - Bid Negotiation - Phase 1 (Withers-Maguire House)~ ~proval and Authorization of a conditional one-year extension for Burnden Park Final Engineering Plans. Approval and _Authorization of Final Plat for Silver Bend Subdivision, Unit I. C. D. E. ~ommissioner Combs, seconded by Commission~r ___Woods~ _moved to apprc;>ve the consent a~nda as prese~ted. Moti~n carri~d with unani~ous vote in favor~ COKKENTS FROM CITIZENS/PUBLIC There were no citizen comments at this time. PUBLIC HEARINGS -..... '- '-- '-' Page 2 Ocoee City Commission Regular Meeting July 21, 1992 Second Reading: Ordinance No. 92-16, relating to Land Development Code _ Repealing Appendix "A", the Zoning Ordinance, of the Code of Ordinances of the City of Ocoee. This ordinance was presented by title for the second reading and public hearing. Consultant Jim LaRue advised that the two sets of revised changes concerning Article IV and Article IX had been distributed prior to the meeting, and he reviewed those changes: Page 18090 - In Article IV the notice requirements were changed to provide for newspaper advertisements at least seven (7) days before each hearing, and to delete the requirement to notify property owners within 300 feet by mail before each hearing. ~1809~ - "Planning and Zoning Commission" had been typed in paragraph B (1) in error and was replaced with "Board of Adjustment." Table 5:-1 Use Regulations - Commercial Convenience with Gas Sales had been designated as permitted under C-2, but was changed to special exception due to the discussion at the last meeting. Page iii ~~~2~~ - item 9-7.1 is deleted. Mr. LaRue described the changes in procedure incorporated in Article IX Concurrency, saying that this section basically revolves around three forms: concurrency review, certificate of concurrency, and reservation of capacity. Page 18223 - As Administrative appeals to the Commission regarding decisions made by the Administrative Director should not be considered a variance, the language was changed. City Attorney Rosenthal pointed out that, in addition to the changes in the two handouts, the booklet in the packet identified as the City of Ocoee Land Development Code Final Draft dated July 21, 1992, includes blacklined changes showing additions or deletions from the ordinance which was read at the last public hearing on the first reading and which has been advertised. Mr. Rosenthal advised that, following the second public hearing, the ordinance should be amended in order to incorporate the changes in the July 21 draft and the two handouts. Mr. Rosenthal said that all the changes are consistent with the advertised notice and title of the ordinance and therefore are proper for consideration at this time. The public hearing was opened. Ms. Randi Fitzgerald, Maguire Voorhis and Wells, requested the following changes: 1. page 18216 - item (3) should say "providing preliminary certificates of concurrency" rather than "providing advisory concurrency assessments;" page 18218 - item 9-6B should include "development order or" inserted before "previously issued permits;" ~_ 182t~ 9-1D". . . a complete application on a Preliminary Certificate..." should read"... for a Preliminary Certificate...;" page 18214 item E(6) ".. .of a complete application on a Final Certificate of Concurrency..." should read "... for a Final Certificate of Concurrency...;" ~e 18216 - item 9-4C(5) "...regarding the issuance of development orders and/or permits..." and should be deleted. Continuing in that same paragraph, the next sentence, "If construction has not begun within the one year time limit, and continuing ..." should read ".. .limi t, and is continuing...;" page 1822~ - item 9-7E and item 9-7F(6) "No unused capacity may be carried forward beyond the duration of the certificate or any subsequent extension." should read "...and any subsequent extension." 2. 3. 4. 5. 6. '-" Page 3 Ocoee City Commission Regular Meeting July 21, 1992 Mr. R.P.Mohnacky, 1820 Prairie Lake Blvd., expressed his opinion regarding PUDs again amd asked if this action under discussion was rezoning any property. City Attorney Rosenthal explained that it is not rezoning, but rather it is the procedure by which annexation and rezoning can be done in the future. As there was no one else who wished to speak to this issue the public hearing was closed. Commissioner Combs thanked Ms. Fitzgerald for her comments. Mayor Dabbs also commended staff for a job well done. Commissi~ner Woodson,_seconded by M~ Dabbs, moved to adopt Ordinance No. 92-16. Commission~r Combs, s~con~~_JQy Commissioner Woods~ moved to amend Ordinan_c~ No. 92-16 to incorporate file ~A~~.!_eflected in the Final Draft of the Land Development CodeLdatedJul~ ~ inclualng the addjtional handout revisions to Articles ~Y_and IX and to Table 5-1 and incorporating the revisions presented ~Mrs. Fitzgerald duringthe public hearing. On roll call Commissioner Combs voted "a~' Commission_~! Woodson "a~," and__l1~~~~_~_~_cL-'~~ Motion carried. On roll call ..for tq.~ brdinance--as am~nded _ COl!lmis~:LQ!!iL_~IIl.M.....Y.Q.t~~"aye," Commissioner. Woodson "aye L" ~nd MaYQ.LA.abbs ~Y.~~~_l1Qtion_car~ie~ . Second Reading: Ordinance No. 92-17, relating to 1992 Election Procedures. The ordinance was presented by title for the second reading and public hearing. City Attorney Rosenthal advised that the question of the Mayor's being on the canvassing board had been raised and he explained that the Charter requires the ~ Mayor and the two Commissioners who are not up for election to be members of the board, and further, that it was understood that the Mayor would abstain from the issue concerning him. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to adopt Ordinance No. - 92":ir. On ron--'cilY-commlsslOnerCombS--yoted--i1aye;-1i ~C?m!l!ission_~r_ Woo~so-n:-"aye,." :aild ~or_~~~~~~_~:__~~~-':~~~~- Second Reading: Ordinance No. 92-18, relating to Vacancy in Candidacy. The ordinance was presented by title for the second reading and public hearing. City Manager Shapiro explained that this ordinance is required by state statute. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Ordinance No. 92-18 as presented. On roll call Commissioner Combs'voted--"aye, "--Commissioner Woodson "aye," and Ma}"-o_r Dabbs "aye-. ,,-' . - . '-" Plantation Grove PUD -Commercial Shopping Center Parcel "F"- Final Development/Preliminary Subdivision Plan. Planning Director Behrens presented the staff report and the public hearing was opened. Mr. Charlie True, representing Heller Bros. Groves, asked that the record reflect that the adjoining property owners had been required to comply with the master drainage agreement and he wanted to be sure that the City has reviewed this plan with respect to that agreement as well. City Engineer Shira said that this plan is for the first phase of the project and it does comply with the South Maguire Road Drainage Basin Study and that the remainder of the development will be monitored in accordance with that agreement as well. Mr. Lou Roeder explained that they are extending the Windermere look with this development and will break ground in September, expecting to be open in April '-' Page 4 Ocoee City Commission Regular Meeting July 21, 1992 1993. He said that a bank and restaurant are already committed. The public hearing was closed. Commissioner Combs, seconded by Commissioner Combs, moved to approve Plantation Grove PUD CommerCial shoppfng- Center - .P-arcel "F"- Finaf Development/Preliminary Subdivision Plan. Motion carrJ.ed with unanimous -.vote- in fa vo~. -- . - - - OTHER BUSINESS Clarke Road. Progress Report - Phillip Dozier, PEC. Mr. Phillip Dozier, Construction Administrator with PEC, reported that the project is beyond the half-way point of completion and is on schedule. A memorandum was distributed showing the specifics. Mr. Dozier said that the contractor will be due an additional 28 days on top of the 400 days because of change orders. City Manager Shapiro explained that the change orders are due to modifications required for the service stations and dollars will be saved by slowing down to incorporate the changes before the asphalt is in place. '- Decision re: Staff Recommendation that no portion of Clarke Road be opened until the entire project is completed from S.R. 50 north to A.D. Mims Road. Consensus was to follow staff recommendation and not open any portion of Clarke Road until the entire project is completed. Lakeshore Drive Mobile Home Park - Case No. 1-7ADM-92:Higginson -Appeal to override the Building and Zoning Official's decision. Mr. Julian Harper, Senior Planner, read the issue for the record: Should the Mayor and City Commissioners approve the applicant's appeal to override the Building and Zoning Official's decision to deny a building permit to erect a newer and larger mobile home to replace an existing mobile home in Lakeshore Drive Mobile Park, (said park is located across the street from Starke Lake Studio). The Board of Adjustment voted 2 to 1 to uphold the Building Official's denial at the July 9, 1992 public hearing. By way of background Mr. Harper noted that Lakeshore Drive Mobile Home Park is a validly established nonconforming land use because it was established as a trailer park before the City of Ocoee adopted its first Zoning Ordinance in 1970, however, the Zoning Code requires that nonconforming uses shall not be expanded or encouraged to survive. Also, the property has numerous zoning district dimensional code violations, including encroaching upon a dedicated but undeveloped public road right-of-way. Mr. Harper said that, after thoroughly reviewing the history, staff recommends that the applicant's request (to be given a building permit for replacing a mobile home) be denied because permitting it would violate the Zoning Code by encouraging the survi vabili ty of a nonconforming land use and also would encourage the addition to existing nonconformities and the longevity of a mobile home park in a single family zone. '-' City Manager Shapiro said he supports the general professional evaluation of the situation, but that the report also contains copies of letters to the owner from the then city manager and planning staff that seemed to make promises that when there was a land use change that the property might get changed to T-1 or that '-" Page 5 Ocoee City Commission Regular Meeting July 21, 1992 the situation would be taken into account. He felt that staff has done exactly as they should have done in interpreting the rules, and that it was appropriate for the facts to be presented to Commission to consider and give a ruling on. City Attorney Rosenthal added that, in terms of the technical analysis of the Code, the staff analysis is correct, and the real issue goes to the July letters which are exhibit 9A and 9B. The letters appear to be estoppel letters, which one would typically get when trying to check something to make sure everything is OK. It appears that the letters were not an accurate statement of what the City Code said, or possibly were an incomplete statement of the City Code. Mr. Rosenthal said that it is within the Commission's prerogative, in terms of reviewing this, to read those letters and give them what interpretation is deemed appropriate and if it is felt that those letters would lead a reasonable person to believe they could continue this use (notwithstanding what is now seen as a conflict with the Code), that would not create a precedent with other situations unless similar letters are found in the City files. Mr. Ben Griffin said that this is the best kept trailer park in town and the owners do an excellent job of keeping it up. Mr. Griffin pointed out that the owner has a license to operate a trailer park in the City of Ocoee as he has had for the last 9 years, and that he has replaced trailers in the past without incident. He said further that the owners are doing an excellent job of keeping ~ the property up, including the care of the road right-of-way, which the City had intended to abandon years ago and never got around to. Mr. Griffin said that prior city officials made some mistakes, but Mr. Higginson could not help that, and that it should be taken into consideration that he has been running his business in a way that is a credit to the City, and that replacing an aging trailer can only help. Mr. Jerry Higginson, 4524 Ridgefield, Orlando, said they had kept the park cleaned up and intended to continue, that he did not know there was a problem until after he had purchased the trailer and applied for the permit. Commissioner Combs said that there had been a lot of discussion regarding mobile homes, but this was the best cared for trailer park in town. He said further that he ordinarily would not go against the decisions made by the Board of Adjustment, but due to the circumstances in this case, and because it would not be setting a precedent, he would go along with letting them have the permit. Commissioner Woodson said he agreed with Commissioner Combs on giving them the permit as long as it would not establish a precedent, and that Mr. Harper had done his usual good job on the report. Mayor Dabbs said he had mixed feelings, that he agreed that staff had done a good job and he agreed with their recommendation, however, he also was concerned that citizens should be able to believe what they are told by the City. He then asked City Attorney Rosenthal to explain again why this would not set a precedent. '-" '-' '-' '-" Page 6 Ocoee City Commission Regular Meeting July 21, 1992 City Attorney Rosenthal said that, in his OplnlOn, a decision based on the letters dated July 5 and July 13, 1979 would not set a precedent in terms of expansion of a nonconforming use because the decision would be based on an estoppel letter previously issued by the City and the decision would be honoring that letter. Commissioner Combs, seconded by Commissioner Woodson, moved to approve the ap~ to override the Building Official's refusal to issue a permit to replace an existing mobile home at 268 Lakeshore Drive with a newer, larger (by 146') mobile home. Motion carried with 2-1 vote in favor with Mayor Dabbs voting no. . . Commissioner Woodson asked how many more trailers were to be changed out and if this process would be necessary next time. City Attorney Rosenthal said that approval of this appeal would indicate to the owners of this property that the letters were binding on the City and that would allow similar replacement; however, if the conditions were of a different nature the same process would be in order. Commissioner Woodson asked about the abandonment of the road right-of- way and Ci ty Attorney Rosenthal said that the City has established procedures for abandonment of right-of-ways and if the owner wishes the road vacated he would need to petition for vacation. Quarterly Report - Third Quarter FY 92. Administrative Services Director Beamer said that the quarterly report reflects the mid-year amendments made to the budget in May and shows the receipts up to the end of June. Ms. Beamer reported that the $95,000 the tax collector said would be here has been received, as well as many of the franchise fees and taxes for 10 months. The only one that appears to be a matter of concern is the electric franchise fee and the audi t just authorized on the consent agenda should take care of that. Ms. Beamer continued going through the report explaining special areas of interest or concern to Commissin. City Manager Shapiro said that the report shows that we are in control. There was further discussion regarding the interest earned on investments. FY 92-93 Budget. Set Tentative Millage Rate. City Manager Shapiro recommended a millage rate of $4.00 per $1,000 in order to produce a status quo budget. Commissioner Woodson, seconded by Commissioner Combs, moved to establish the tentative millage rate at:S4~00-per $1,000 for the purpose of notifying the property appraiser. Motion carrled with unanimous vote in favor. -.. -- Schedule Public Meeting for Non-Profit Organizations Funding. Consensus was to delay this item until all commissioners could be present. Resolution No. 92-12, relating to adopting forms for the implementation of the Land Development Code. This Resolution was presented by title only. City Attorney Rosenthal advised that one of the changes made in the Land Development Code prior to adoption was to separate out application forms and various agreements to be adopted by '-' Page 7 Ocoee City Commission Regular Meeting July 21, 1992 '-' resolution in order to provide more flexibility in changing the forms. There were some corrections to be made to the forms included in the packet and Mr. Rosenthal listed them: Form #10 - "To the Board of City Commissioners" should read "To the City of Ocoee". Form #11 - A sentence that was missing was inserted. Form #14 - The first paragraph should have a blank line following "and" to insert information if applicable, and "...witness whereof has caused. . ." should read "... the undersigned has caused...". Form #14 - The notary form is for an individual rather than a corporation and the correct form will be inserted in its place. Form #17, 19, and 20 - Should include paragraphs 3 and 4 from page 6 of Form #18 in order to conform all the affidavits to match Form #18: "3. That they/she/he have/has appointed (specify himself or agent) to act as the Owner's Authorized Agent to represent the Owner in connection with the proposed action and the real property described in this application. 4. That they/she/he agree to be bound by the actions of the Owner's Authorized Agent designated in Paragraph 3 above and the Ocoee Land Develpment Code." Form #18 - Page 2. "* A separate application fee is collected for each action sought and for non-contiguous parcels or for parcels held under separate ownership." should read "... for non- contiguous parcels and/or for parcels held under separate ownership." Commissioner Combs, seconded by Commissioner Woodson, moved to adopt Resolution No. 92-12 as amended. Motion carried with unanimous vote in favor. Setting Public Hearing for Non-Ad Valorem Assessment of Sewer Capital Charge for Customers in M & M Utility Service Area. Administrative Services Director Beamer advised that the date previously set (August 11) for the public hearing on this issue does not allow enough time for the required 20 day notice to the affected property owners and she suggested August 25. Mayor Dabbs, seconded by Commissioner combs, moved to set August 25 at 7:00 p.m. for the public hearing for the Non-Ad Valorem Assessment of Sewer Capital Charge for customers in the M & M Utility Service- Area and to authorize the necessary notification. Motion carried with unanimous -vote in favor. STAFF REPORTS - None COMMENTS FROM COMMISSIONERS '-' commissioner Combs: 1) Asked about City Hall design. Beamer responded that they are beginning their meetings to bring them up to speed Wednesday. 2} Reported high weeds at Circle K. \.... Page 8 Ocoee City Commission Regular Meeting July 21, 1992 Commissioner Woodson: commented on Shira's report on exit signs from the Turnpike. Reported tire collection has resulted in about 250 tires being turned in to Public Works. Reported that the Fire and Police Departments are holding a meeting to inform the public about the "Vial of Life" on Sunday, August 2 at 1:00 p.m. at the entrance to Forest Oaks Subdivision. Reported Veronica Place still has high weeds and snakes also now. Reported that Hallmark Builders have a phone line across the road that they have covered with a nailed down board at Montgomery Road/White Road intersection and it causes tire problems. Wants staff to look into the grants available for trees/landscaping. Cablevision reception is still bad. Commended Planning Department for the workup on the Higginson appeal. 1} 2} 3} 4} 5} 6} 7} 8} 2} 3} Dabbs: Asked about the repair place on Silver Star Road near the Post Office as it looks vacant. It has been repossessed. Reported construction going on without a posted permit next to 221 S. Bluford Avenue. Asked what we are doing about Resolution 92-2 from the Tri-County League of Cities. We have done two resolutions and we will send copies to them~ Mayor 1) '-' ADJOURNMENT The meeting adjourned at 9:55 p.m. "-'