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HomeMy WebLinkAbout12-14-92 '" MINUTES OF THE CITY OF OCOEE BOARD OF COKKISSIONERS REGULAR MEETING HELD December 14, 1992 The regular meeting of the Ocoee Board of City Commissioners was called to order at 7:30 p.m. by Mayor Vandergrift in the commission chambers. Commissioner Woodson led in the prayer and Mr. Milton West led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Combs, Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, Planning Director Behrens, Public Works Director Brenner, and City Clerk Grafton. ABSENT: None Mayor Vandergrift announced that he had talked with City Manager Shapiro regarding the televising of the meetings and, upon learning that only the regular meetings were televised, had asked a friend, Marty Lesser, to be present to televise this meeting using his (the mayor's) equipment. City Manager Shapiro stated that the budget would not stretch to cover any but regular meetings. City Attorney Rosenthal advised that both this meeting and the one scheduled for Wednesday, December 16, were regular meetings. Mayor Vandergrift asked for an opinion as to whether Mr. Lesser should proceed to broadcast as he was volunteering, and consensus was that he should. PRESENTATIONS AND PROCLAMATIONS - None ~ CONSENT AGENDA - None COMMENTS FROM CITIZENS/PUBLIC - None PUBLIC HEARINGS Mayor Vandergrift asked for Staff briefing regarding the background and procedure during this meeting. City Attorney Rosenthal advised that the packets contain two memorandums from him, and he reviewed the highlights of his memorandum concerning legal issues affecting consideration of annexation and initial zoning petitions. Mr. Rosenthal continued with an explanation regarding the annexation agreements, saying that a requirement under the 1991 Ocoee Comprehensive Plan was to undertake an annexation impact study. When finished, this study disclosed the City's ability to provide services and analyzed the feasibility of annexing property under the Comprehensi ve Plan. An annexation agreement form was prepared which involved an evaluation of right-of-way requirements, availability of sewer and water capacity from either the City or County, predevelopment drainage issues, the provision of municipal services, compliance with the Land Development Code, reclaimed water, liens and mortgages, addressing any prior agreements and dealing with enforcement provisions. Mr. Rosenthal said that he would not go into any detailed discussion during the consideration of any of the annexation agreements except to point out any deviations in the standard format and to answer any questions. Commissioner Foster asked for clarification regarding a vote to change the zoning ~ to something other than the requested zoning. Mr. Rosenthal said that if the '-' Page 2 Ocoee City Commission Regular Meeting December 14, 1992 requested zoning were denied that would undo the approval of the annexation ordinance and agreement, unless the petitioner has voluntarily agreed; and he specified that this does not constitute contract zoning. City Manager Shapiro pointed out some of the history of the preparation of the Comprehensive Plan, noting that the citizens committees had made the basic plans which were formulated by Staff, then presented to the Local Planning Agency and then finally approved by City Commission. Mr. Shapiro said that plan was used by Staff when discussing annexation with the property owners who had various reasons for petitioning the City for annexation. At a joint meeting with other local governments in November of 1990 the annexation boundaries were discussed along with the use of a developer agreement, and the guidelines set out by Commission as a result of that workshop were observed in dealing with the petitioners. Some of the decisions made were the result of the County's being non-committal in the area of the provision of water and sewer services, and also, due to their not recognizing the proposed Cooperative Agency of Municipal Planning (c.A.M.P.) Agreement. Mr. Shapiro noted that there will be no city services provided for the majority of the proposed annexations for approximately seven years, but that having the annexations in place will be an advantage in planning for services and concurrency. Mr. Shapiro commended Mr. Rosenthal for the preparation of the annexation agreement form and he pointed out that the annexation agreement was different from, and not intended to replace, a development agreement. Mr. Shapiro, in closing, said that this action will give ~ the signal to the County that either they must begin discussing this area with Ocoee and the landowners or they must give it up for Ocoee to serve. Planning Director Behrens advised that he would be announcing the case number and giving the staff report for each agenda item and that there were written copies of the material available on the table should anyone in the audience wish to review it. Robert Wiegers, Planner with Orange County Planning Department, said they were present at the Planning and Zoning Commission meetings where they had presented all of their initial staff concerns regarding the proposed annexations and zonings. These concerns have also been submi tted to the Orange County Commission and will be considered at the meeting to be held Wednesday at 10:00 a.m. Mr. Wiegers said that typically the three main concerns are: 1} that the parcel may not be compact and/or contiguous to the current city limits as proposed by Chapter 171 Florida Statutes; 2} the proposed land use may not be consistent with County's Future Land Use Map; 3} the cities may be annexing into the rural settlement areas (rural preservation districts). Mr. Wiegers said that although discussions on this last item have been held, there is nothing on the books to prevent action by the City at this time. Mayor Vandergrift asked if someone from City staff planned to attend the County Commission meeting and Mr. Shapiro advised that Planning Director Behrens would attend. '-"'" ~ASE J!Q!__~:04!!t~92: ROPER_..olMlE~r:_1!ORTl!. Planning Director Behrens presented the staff report, noting that the proposed annexation and initial zoning are consistent with the Comprehensive Plan and Future Land Use Map, and then he identified the parcel on the map as a 24.2 acre ~ Page 3 Ocoee City Commission Regular Meeting December 14, 1992 parcel located on the north side of Palm Drive, 500 feet east of Crown Point Cross Road. The requested zoning change is from Orange County A-l, Agricultural, to City of Ocoee R-1, Single Family Dwelling. The owners of the property are D.E. Duppenthaler, as Trustee and Edward L. King, as Trustee of the Bert E. Roper Trust. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-04AR-92:Roper "James" - North: 1} Approve Ordinance No. 92-23, annexing the subject parcel, subject to the adoption of Ordinance No. 92-24, establishing an initial zoning for the subject parcel as requested by the applicant and-~~rther-~~bj~-t~~~ approva~-of-an-annexat~on-agreement~ 2} Approve Ordinance No. 92-24, establishing an ini tial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-23 and find that all conditions subsequent to the adoption of Ordinance No. 92-23 have been fully satisfied. City Attorney Rosenthal pointed out that there is no annexation agreement on this parcel, and so the last phrase of that portion of the recommendation was struck. ~ Ordinance No. 92-23, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Mr. Dal Duppenthaler, Trustee of Bert E. Roper Trust, was present representing the owner to answer any questions. There were no comments or questions and the public hearing was closed. Commissione!"~o~dsonl___s~conded~mmissioner Combs lmoy~d_ to approve s taft r.ec~!.llm~ndati~n_~cor~ected wit!L~~feren~ to the annex~tion_~__[reemenL Motion f~-rI}~~cc-!,I[~~~nan~jno.us v~~~or::------------------------- Ordinance No. 92-24, changing Zoning from Orange County A-I to R-1 Single Family Residential District. This ordinance was presented by title only for the second reading and public hearing. Mayor Vandergrift pointed out that he would prefer that the zoning on this parcel be changed to R-1-A in order to enhance the community. The public hearing was opened and Planning Director Behrens said that the beltway will be dividing this parcel and it was felt that, as only small portions will be left for development, R-1 would be appropriate. Mr. Rosenthal noted that, as the beltway is still in the planning stage, the right-of-way has not yet been acquired, and the funding has not been provided. There were no further comments and the public hearing was closed. Commissioner Voods<m..t.___~~~!!..~L__~Y ~ommiss:!~;me--.!"_--L~st~r:!__ move~____~~_~_~y~___ stat f ~~llL~nda tio~._____~__Q!L__.~~li CominIssIOne-r-EOiilbSv~~~~--::=~~mi ss ionerros t er "~'y'e~' Commi ssioner Johnson :' aY~~~~~~-,()J!lJ!tts s ~g__~~i=--R~?~s qp-=:~~~' and ~r Vande r gr ifJ _~~~e."Mo t ion carr- i ed . '-' ~~~!__Jfg_.~-::Q~A~.::~~__;:RQ~~.L:'P~~'f~~__:R"_ __ SQ~TH. Planning Director Behrens presented the staff report, noting that the proposed annexation and initial zoning are consistent with the Comprehensive Plan and the ~ '-" '-" Page 4 Ocoee City Commission Regular Meeting December 14, 1992 Future Land Use Map, and then he identified the parcel on the map as a 10.6 acre parcel located at the southeast corner of Geneva Street and Kissimmee Avenue. Mr. Behrens pointed out that the zoning change requested is from Orange County I-2, Heavy Industrial, to City of Ocoee C-3, General Commercial. The owner of the subject parcel is L.F. and Mary Ellen Roper, Partnership. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-05AR-92:Roper "Partner" South: 1} Approve Ordinance No. 92-25, annexing the subject parcel, subject to the adoption of Ordinance No. 92-26, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-25; and 3} Approve Ordinance No. 92-26, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-25 and find that all conditions subsequent to the adoption of Ordinance No. 92-25 have been fully satisfied. Ordinance No. 92-25, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Dal Duppenthaler, Managing Trustee for the L.F. and Mary Ellen Roper Partnership, was present representing the owners. There were no questions or comments from the audience and the public hearing was closed. Commissioner Johnson, seconded by Commissipner Fost~r, moved to aH~2~ recommendation as presented. On rolt call_CoJllmission~x Combs.voted "a~~iliili~_~_~~~.=-~~L~'~ommissiqiie~.--.;J.ohli~~~-IT Commissioner Woodson. ~~e_L" and ~r Vang~rift~~~-'-'--__!'I9.ii9JL.~~~~_~ Commissioner Combs asked. if the 20' right-of-way would be enough to solve the problem with the ditch. City Manager Shapiro said that PEe has advised that it is. Annexation Agreement. City Attorney Rosenthal explained that the Agreement provides for a 20' wide strip of right-of-way on both Maguire Road and Geneva st. /Story Road as a predevelopment requirement and that additional right-of-way may be required later upon review of the development plans. There were no public comments on this item. ~ommissioner WoodsqnLseconded by Commissioner Combs, mqved to approve staff recommendation as presented. Motion carried with unanimous vote in favor. Ordinance No. 92-26, Zoning Change from Orange County I-2, Heavy Industrial, to City of Ocoee C-3, General Commercial. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened. As there were no questions or comments the public hearing was closed. Commissioner. Jphnson, seconded~ Commissioner Foster, moved to approve staff. recommendation as._presented!._-9A_!:ill__~n '-' Page 5 Ocoee City Commission Regular Meeting December 14, 1992 Commissioner Combs voted "aye,'~ Commissioner_ Foster ~L" Commissioner Johnson ~~~ Commissioner Woods<?~~~~~~lliLMa~ VanderJl!ift "aye. "__Motion__carried'- RECESS 8:32 - 8:45 P.M. CASE NO. 2-071AR-92:BRITT FARMS~WEST. Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as a 25 acre parcel located at the northwest corner of West Franklin Street and Crown Point Cross Road. The requested zoning change is from Orange County A-1, Agricultural to City of Ocoee C-2, Community Commercial. The owners of the subject parcel are Holland Properties, Inc., S.M. Sparkman as Personal Representative of the Estate of Eula B. Grant, Thomas E. Britt, Morgan Alexander Britt, T.C. DeLoach, Robert s. Holland and J. Russell Hamlin, as Co-Trustees of the Thomas E. Britt Trust. '-' Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-071AR-92:Britt Farms - West. 1} Approve Ordinance No. 92-27, annexing the subject parcel, subject to the adoption of Ordinance No. 92-28, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2) Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-27; and 3} Approve Ordinance No. 92-28, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-27 and find that all conditions subsequent to the adoption of Ordinance No. 92-27 have been fully satisfied. Ordinance No. 92-27, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened. Martin Kreidt, representing Holland Properties, said that this parcel is located within the Ocoee Planning Reserve Area. Mr. Kreidt also noted that there was a right-of-way required by D.O.T. and there was some question about whether it was on the final document as 13' or 15'. In his statements regarding the Annexation Agreement City Attorney Rosenthal responded to this, saying that it was 13'. There were no questions or comments from the audience and the public hearing was closed.Commissioner Combs, seconded by Commissioner Foster, moved to approve staff recomme-il-aatlon--as---presente-a-:---Cfii roll call Commissioner Combs voted- '-'aye," Commissioner Foster "aye, ,. Commissioner- Johnson "aye,'Y Commissioner Woodson "ay~," _and MaY.oI~~~:~ir-g_!~~~~~_:_~___~~t~ carried. - ~ ~ Page 6 Ocoee City Commission Regular Meeting December 14, 1992 Annexation Agreement. City Attorney Rosenthal advised that the full information on Exhibit D (which is a listing of the current liens and mortgages on the property) was not available when the packets were distributed but now the final documents to be executed are complete. Commissioner Woodson, seconded by Commissioner Combs, moved to approve ~~~L_~~':>!lI~~~~~!j.~~~~__J>~~~~~__. --MOfiOil carrIe-d- with unanimous vote ~_Il f~voL Ordinance No. 92-28, changing Zoning from Orange County A-I, Agricultural, to City of Ocoee C-2 Community Commercial. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Mr. Kreidt stated that the proposed zoning is consistent with the Comprehensive Plan. There were no other comments or questions and the public hearing was closed. Commissioner Combs, seconded by Commissioner Johnson, moved to _ approve staff recommendation as presented. __ On rolf-call CommissIoner Combs voted "aye," Commissioner Foster "aye," ComffifssTori-ei= Johnson "aye," Commissioner Woodson "aye ,"and May-or _yandergrIfC "~~~ Motion c--ar-r-:i.ecC.------~-~---------- ---------------------------- --------------------- -------------------------------------------~----~--------------------- --,"^------ -- ~~~~__J!Q_!_~-072R=~)2: BRJTT]~RM~_=~J~_~T . Planning Director Behrens presented the staff report, noting that the requested zoning is consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 39 acres located at the north side of West Franklin Street and 500 feet east of Crown Point Cross Road. Mr. Behrens pointed out that the requested zoning change is from A-2, Suburban District, to C-2, Community Commercial. The owners of the parcel are Holland Properties, Inc., S.M. Sparkman as Personal Representative of the Estate of Eula B. Grant, Thomas E. Britt, Morgan Alexander Britt, T.C. DeLoach, Robert S. Holland and J. Russell Hamlin, as Co-Trustees of the Thomas E. Britt Trust. Staff recommendation: respect to the petition 1} Approve Ordinance the applicant. That the City Commission take the following action with in Case Number 2-072R-92:Britt Farms-East. No. 92-29, rezoning the subject parcel as requested by Ordinance No. 92-29, Rezoning from Ocoee, A-2, Suburban District, to C-2, Community Commercial. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owners, stated that the proposed zoning change is consistent with the Comprehensive Plan and he requested approval. There were no further comments or questions and the public hearing was closed. Commissioner Foster, seconde~ Commissioner Combs, moved to approve staff recommendation as presented. On roll call _Commissioner Combs vote--d --- "aye," Commissioner Foster "aye," Commis--sioner_ JOhnson "aye-L~' commrssIoner--WoOdSclil-"aye," and- Mayor--Vandergrift "aye." - Motion car rTea:-~-------------------------------------------------------------------- -----------~-------------------------- ---- ------------------------ ----- ~ '-" Page 7 Ocoee City Commission Regular Meeting December 14, 1992 CASE_ NOLA-:-161AR-::~~_:A~TTAGLIA-WEST. Planning Director Behrens presented the staff report, noting that the annexation and ini tial zoning are consistent wi th the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 42.6 acres located on the west of Apopka-Ocoee Road and 2,000 feet north of West Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Kr. Behrens pointed out that the requested zoning change is from Orange County A-1, Agricultural, to City of Ocoee R-l-AA, Single Family Dwelling. The owner of the parcel is Battaglia Fruit Co., Inc. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-161AR- 92:Battaglia-West: 1} Approve Ordinance No. 92-30, annexing the subject parcel, subject to the adoption of Ordinance No. 92-31, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2) Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-30; and '-" 3} Approve Ordinance No. 92-31, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-30 and find that all conditions subsequent to the adoption of Ordinance No. 92-30 have been fully satisfied. Ordinance No. 92-30, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Robert Battaglia, President of Battaglia Fruit Co., Inc., requested approval of the proposed annexation. There were no further comments or questions from the audience and the public hearing was closed. There was discussion regarding the adequacy of the right-of-way for four-Ianing. Commissioner Voodson, seconded by Commissioner Johnson, moved to approve staff recommendation as presented. On roll call Commissioner Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye ,-" Commissioner Woodson "aye," _and M~yor Vandergrift "aye." Motion carried. ~ Annexation Agreement. City Attorney Rosenthal advised that there were some changes made in the wording but not the meaning in Section 2(c} and Section 4, and he clarified Section 8 Reclaimed_~at~~, saying that the City will not exercise its rights in such a manner that the property cannot be developed in accordance with whatever is approved and consistent with the Comprehensive Plan. In Section 19 Further Documentation, language was added clarifying that, if in a financing context, petitioner needs additional documentation as to the status of the Agreement or if there are deficiencies the City would tell them what the deficiencies are. Copies of the revised agreement were distributed. ~~mmissio~eL~ohnso~~~conded Page 8 Ocoee City Commission Regular Meeting ~. December 14, 1992 ~_Commissioner VoodsonL-moved_ to approve the revised ag.reement ..as presented. Motion carried wi th unanimous Y~J!Lill...Q!..~ Ordinance No. 92-31, changing the Zoning from Orange County A-1, Agricultural, to City of Ocoee R-l-AA, Single Family Dwelling. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Robert Battaglia, President of Battaglia Fruit Company, Inc., respectfully requested approval of the proposed zoning. There were no further comments or questions and the public hearing was closed. Commissioner Combs, seconded~Commissioner Woodson, moved to approve staff _recommendation as~esented. On roll call Commissioner Combs voted "aYeJ II Commissioner Foster:_'~' Commissioner Johnson "a~ Commissioner Woodson "aye," and ~or Vandergrift _ '~." Motion carried. '-" fASE NQ!_~-121AR-92:'~~I. Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map. Mr. Behrens then identified the parcel on the map as 489.4 acres located along the east and west sides of Apopka-Ocoee Road from 800 feet south of West Road on the south to 1,200 feet south of McCormick Road on the north. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. This property is divided into Parcels A, C, E, and F in this proposal and the petitioner requests the following changes in zoning: Parcel A: from Orange County A-l, Agricultural and A-2, Agricultural to City of Ocoee R-1-A, Single Family Dwelling. Parcel c: from Orange County A-1, Agricultural and A-2, Agricultural to City of Ocoee R-l-AA, Single Family Dwelling. Parcel E: from Orange County A-l, Agricultural and A-2, Agricultural to City of Ocoee R-3, Multi-Family Residential. Parcels B-3 and F: from Orange County A-l, Agricultural and A-2 Agricultural to City of Ocoee C-2, Community Commercial. The owners of the parcel are Thomas Milton West and Sheila P. West, Tom West, South Apopka Citrus Fruit Company, Inc., Tom West, Inc., and Mary McAfee H. Wines. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-121AR-92:West. 1} Approve Ordinance No. 92-32, annexing the subject parcel, subject to the adoption of Ordinance No. 92-33, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; '--' 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-32; and '-" '-' '-' Page 9 Ocoee City Commission Regular Meeting December 14, 1992 3} Approve Ordinance No. 92-33, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-32 and find that all conditions subsequent to the adoption of Ordinance No. 92-32 have been fUlly satisfied. Ordinance No. 92-32, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owners, displayed a larger drawing of the property and noted that the parcel is within the Ocoee Planning Area and opens on Lake Apopka. Commissioner Foster asked if this will provide public access to the lake and Mr. Kreidt said that it would. Mayor Vandergrift asked if they have considered upgrading the zoning and Mr. Kreidt said that was a possibility in the future. Commissione~ JohnsonL seconded by Commissioner Foster, moved to approve staff recommendation as- presented. ---On -roll can Commissioner --Combs voted "aye," Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson~~"---ancrMayor ~~~_~j:_~~ "aye .:__~~_f_~!l_c::~~Ej~~~_ -. -- ------------------------.-- Annexation Agreement. City Attorney Rosenthal presented the agreement. ~Q~issioner_foste~~cond~~ by Commissioner Johm;onL moved to approve staff recom~~-~~e~ecr::- Mo-tion carded--wi fh unanimous' vote in favor-~-' - - - ----..------..-----.----...---.-.- .._._------+-.__.----_.~~-------------_.__.~-----_....- Ordinance No. 92-33, changing the Zoning for ?arc~!_~: from Orange County A-1, Agricultural and A-2, Agricultural to City of Ocoee R-1-A, Single Family Dwelling. Pa~~e~~: from Orange County A-1, Agricultural and A-2, Agricultural to City of Ocoee R-1-AA, Single Family Dwelling. Parcel E: from Orange County A-I, Agricultural and A-2, Agricultural to City of Ocoee R-3, Multi-Family Residential. Parcels~:-)__~d_.1:: from Orange County A-1, Agricultural and A-2 Agricultural to City of Ocoee C-2, Community Commercial. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owners, stated that the proposed zoning is consistent with the Comprehensive Plan. As there were no further comments or questions the public hearing was closed. Commission~~WoodsonLseconded by Commissione~ Combs, moved to approve ~~..!:..~~9mmendation as presented~ On roll call Commissioner Combs vofed"aYe;" Co.mmi ss ioner Fos.!~.I__':~~~__ Co~..i..lli~~LiT_~~__~~Y.e.c..."_~9~~.~s i qne!:_]oo~~9n _"a~" and Mayor y'ande_~rift-~"~. "I1otion _carried.----------------- ~A~!.J!.Q"...?--=11~AR=9 ~-=J!.~_T Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 39.1 acres located on the north side of West Road and 1,200 feet east of Apopka-Ocoee Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change is from Page 10 Ocoee City Commission Regular Meeting ~ December 14, 1992 Orange County A-l Agricultural and A-2 Agricultural to City of Ocoee I-I Restricted Manufacturing and Warehousing. The owners of the parcel are Sydney Duncan West, Jr., Tom West, Trustee, and Thomas Scott West. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-122AR-92:West. 1} Approve Ordinance No. 92-34, annexing the subject parcel, subject to the adoption of Ordinance No. 92-35, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-34; and 3} Approve Ordinance No. 92-35, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-34 and find that all conditions subsequent to the adoption of Ordinance No. 92-34 have been fully satisfied. '-' Ordinance No. 92-34, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owners, respectfully requested annexation. The question of the proposed zoning was raised and a lengthy discussion ensued. Mr. Milton West, 3975 Ocoee-Apopka Road, joined in the discussion. The public hearing was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to approve staff recommendation as presented. . On roll call Commissioner Combs voted "aye," Commissioner Foster "--aye," C.ommfssioner -- Johnson "aye;-" CommissIoner Woodson "aye," and --Mayor. Vandergrift -- "aye." -MOtloncarried. - ---------~- --------------.-~----..----.. Annexation Agreement. City Attorney Rosenthal presented the annexation agreement for this case and during this time Mayor Vandergrift handed the gavel to Mayor pro tern Johnson and left the table. There were no comments from the audience about the agreement and no further discussion at the table. Commissioner Foster, seconded~ Commissioner CombsL moved to approve staff rec-ommendafiOii--is-p~e'sente(L-'MOfro-ri ~~iI~_~~_~I~_~!!.~~~I!I_~~~:..!<:>_~~~~~__!~~_~r__~ - -..----------.-.- n - .---- ~ Ordinance No. 92-35, changing Zoning from Orange County A-1 Agricultural and A-2 Agricultural to City of Ocoee I-I Restricted Manufacturing and Warehousing. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and, as there were no comments or questions from the audience, the public hearing was closed. (Clerk's Note: Mayor Vandergrift returned to the table.) Commissioner .___Wo()dso_I!.(__.E1_~~onde.~_J?y CommissioneJ; FosterLffioved to ~ove staff recommeridatiOn-~esenfed:-<5iiLolI call Commissioner .Combs . yoted "a~L~.'_ Commlssioner Foster. "aye," Commissione-i. Johnson "aye~mmissioner Jrloodson "aye, ,,- and MaYQ!:_ Vandergrift "aye." MOtIOn carried. . . . - . ~--~ - --. Page 11 Ocoee City Commission Regular Meeting ~ December 14, 1992 CASE NO. 2-123AR-92:WEST Planning Director Behrens presented the staff report, noting that the annexation and ini tial zoning are consistent wi th the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 3.3 acres located on the west side of Apopka-Ocoee Road and 1,200 feet north of West Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change is from Orange County A-l Agricultural and A-2 Agricultural to City of Ocoee R-l-AA, Single Family Dwelling. The owner of the parcel is Mary McAffee Hutcheson Wines. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-123AR-92:West. 1) Approve Ordinance No. 92-36, annexing the subject parcel, subject to the adoption of Ordinance No. 92-37, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2) Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-36; and '-' 3} Approve Ordinance No. 92-37, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-36 and find that all conditions subsequent to the adoption of Ordinance No. 92-36 have been fully satisfied. (Clerk's Note: During the reading of the staff report Commissioner Johnson left the table briefly and returned.) Ordinance No. 92-36, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owner, respectfully requested approval. As there were no other comments or questions the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve staff recommendafIOil-as--p-res-enTecr.--On-roTC call Commissioner Combs voted "aye-;'i Commissioner -Foster - "a.ye," Commis'sioner Johnson "aye," ComiiUssI6ner Woodson "aye," and Mayor Vandergifft "aye." 'MOITo~ carried. Annexation Agreement. City Attorney Rosenthal presented the proposed annexation agreement. Commissioner Foster, seconded by Commission~r Johnso~, moved.to. a~prove sta~( !"~~me-ndation__asJ>resented. Moti?n _c~z:!"_ied.w_i~~_ unanimous vote in favor. Ordinance No. 92-37, changing Zoning from Orange County A-1, Agricultural and A-2, Agricultural to City of Ocoee R-l-AA, Single Family Dwelling. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the '-' owner, said that this request is consistent with the Comprehensive Plan. As '-' Page 12 Ocoee City Commission Regular Meeting December 14, 1992 there were no further comments or questions, the public hearing was closed. Commissioner Combs, seconded by Commissioner Woodson, moved to approve staff recommendation -as p-rese-nted. - On roif-.--c.al1 Commissioner C-ombs -voted "aye, " Commissioner Foster - "aye~ II Commissioner Johnson "aye," Commissioner Woodson "aye," and M~r Vande~grif!___"~y~." -- MotiOii carried .. CASE NO. 2-124AR-92:WEST Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 12.5 acres located on the north side of West Road and 600 feet east of Apopka-Ocoee Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change is from Orange County A-l, Agricultural and A-2 Agricultural to City of Ocoee C-2, Community Commercial. The owner of the parcel is Grace Scott Kerr. '-" Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-124AR-92:West. 1} Approve Ordinance No. 92-38, annexing the subject parcel, subject to the adoption of Ordinance No. 92-39, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-38; and 3} Approve Ordinance No. 92-39, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-38 and find that all conditions subsequent to the adoption of Ordinance No. 92-38 have been fully satisfied. Ordinance No. 92-38, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owner, pointed out the location on a larger map and stated that the proposal is wi thin Ocoee' s Reserve Planning Area. As there were no further comments or questions the public hearing was closed. CommissioneL W.!>odson, seconde~-1;>y Commissioner Foster, moved t~rove staff recommendation as presented. On roll call Commissioner Combs voted "aye~' Commissioner Foster "aye," Commissioner- Johnson "aye," Commissioner Woodson "aye," and Mayor Vandergrift "aye." Motion carried. Annexation Agreement. City Attorney Rosenthal presented the proposed agreement. Commissioner Woodson, seconded by Commissioner Johnson, moved to approve staff recommendation. Motion '-' carried with unanimous vote in favor: .- - - Page 13 Ocoee City Commission Regular Meeting ~ December 14, 1992 Ordinance No. 92-39, changing Zoning from Orange County A-1, Agricultural and A-2, Agricultural to City of Ocoee C-2, Community Commercial. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owner, stated that the proposed zoning is consistent with the Comprehensive Plan. As there were no further comments or questions the public hearing was closed. Commissioner Foste~econded by Commissione~ Woodson, moved to approve staff recommenda tion as presented. On roll call CommissIoner __Combs voted "aye, '~ Commission_er _Foster _~e~' Commissioner Johnson "aye," Commissioner Woodso_n "aye," and Ma-YQ!: _ Vandergfi.!J "aIT. "_ Motion ca:rrie9,. RECESS 10:05 TO lQ:15 P~~~ ~ CASE NO. 2-01AR-92:KANG Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 21.8 acres located on the east side of Apopka-Ocoee Road, 500 feet north of West Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricul tural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change is from Orange County A-1, Agricultural to City of Ocoee R-l-A, Single Family Dwelling. The owner of the parcel is Jung o. Kang. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-01AR-92:Kang. 1} Approve Ordinance No. 92-40, annexing the subject parcel, subject to the adoption of Ordinance No. 92-41, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-40; and 3} Approve Ordinance No. 92-41, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-40 and find that all conditions subsequent to the adoption of Ordinance No. 92-40 have been fully satisfied. ~ Ordinance No. 92-40, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Jung o. Kang respectfully requested approval. As there were no further comments or questions the public hearing was closed. Commissioner Woodson, seconded by Commissioner Johnson, moved to approve staff recommendation aspresentea.. On -roll call Commissioner Combs voted "aye, " Commfssioner Foster - "aye ,-" Commissioner Johnson "aye," - Commissioner Woodson "aye," and Mayor Vander_griff-ila~,-e." Motion carried. -- m -- -,-, Page 14 Ocoee City Commission Regular Meeting December 14, 1992 Annexation Agreement. City Attorney Rosenthal presented the proposed agreement. COmmissione~ Foste~ seconded by Commissioner Combs, moved to approve staff recommendation. Motion carried with unanimous vote in favor. - Ordinance No. 92-41, changing Zoning from Orange County A-1 Agricultural to City of Ocoee R-I-A, Single Family Dwelling. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened. Jung o. Kang respectfully requested approval and said that the proposal is consistent with the Comprehensive Plan. When Mayor Vandergrift asked Mr. Kang if he would be willing to go to R-I-AA zoning, Mr. Kang responded that it would depend on how the surrounding property develops. Commissioner Foster agreed with Dr. Kang that R-l-A is consistent with the area. Commissioner Foster, seconded by Commissioner Combs, moved to approve staff recom!!lend.~tioI?:~ as presen~ed. ._~n roll .c.all Com-inissioner Combs vote(C"aye~" Commissioner Foster "aye," Commissioner Johnson "aye," Commissioner Woodson. "aye," and Mayo.r.._ va~~E!!E~~~_~'~.~_~t_~~~~ CASE NO. 2-081AR-92:BARRETT/SOLOMON '-" Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map. Mr. Behrens then stated that there are two parcels involved in this petition, and he identified the parcels on the map as 123.02 acres located from the intersection of West and Ocoee-Clarcona Roads: 1,200 feet east along both sides of Ocoee-Clarcona Road; 1,200 feet along the east side of West Road; and 1,200 feet south along the east side of Ocoee-Clarcona Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change for Pa~~~_~ is from Orange County A-l, Agricultural and M-l, Light Manufacturing to City of Ocoee A- i, General Agricultural, and for Parcel B from Orange County A-I, Agricultural and M-1, Light Manufacturing to R-I-A, Single Family Residential. (Clerk's note: The original staff recommendation had a typographical error and incorrectly stated that the requested change for Parcel B was to A-I, General Agricultural. This was cleared up by City Attorney Rosenthal during the reading of the staff report. The ordinance was worded correctly.) There was some discussion regarding the Planning and Zoning Commission's recommendation as stated in the staff report, and it was determined that the statement should read, "The Planning and Zoning commission made no recommendation with respect to the R-i-A,-S~ngle Pam~ly-Bwell~ng, initial zoning requested by the Applicant." The owners of the parcel are Beryle S. Buchman, Florence A. Barrett, Curtis E. Pickens, Sports Investments, Inc., Sunbank of Tampa Bay, Carol Ann Cole, and Patricia E. Pickens. '-' Page 15 Ocoee City Commission Regular Meeting ~ December 14, 1992 Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-081AR- 92:Barrett/Solomon. 1) Approve Ordinance No. 92-42, annexing the subject parcel, subject to the adoption of Ordinance No. 92-43, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-42; and 3} Approve Ordinance No. 92-43, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-42 and find that all conditions subsequent to the adoption of Ordinance No. 92-42 have been fully satisfied. ~ Ordinance No. 92-42, Annexation. This ordinance was presented by title only for the second reading and pUblic hearing. The public hearing was opened and Martin Kreidt, representing the owners, pointed out the parcel on an enlarged map and stated that the proposal is cons is ten t within the Ocoee Reserve Planning Area. Mrs. Beryle Solomon Buchman, one of the owners, said she has always felt a part of Ocoee and she wished Commission to make it official. As there were no further comments or questions the public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to approve staff recommendation as presented. On roll" call_ Commissioner Combs voted "aye," Commissioner Foster ~~ Commissione.r Johnson "aye," Commissione.r Woodson "aye," and ~ yandergrift ~,,-~___1!Q.ti~I! carrie d.- -------- ---.--- Annexation Agreement. City Attorney Rosenthal presented the proposed annexation agreement. Co~!ssion~!: Woodson, seconded by Commissioner Johnson, moved to approve staff recomm€ilidaITOil:- MoHon carded with unanimous vote- in favor. . -. ....... ..... - - ---- ~ Ordinance No. 92-43, changing Zoning for 1) Pa.rcel A from Orange County A-1, Agricultural and M-l, Light Manufacturing to City of Ocoee A-1, General Agricultural, and for 2) Parcel B.from Orange County A-1, Agricultural and M-l, Light Manufacturing to City of Ocoee R-I-A, Single Family Residential. This ordinance was presented by title only for the second reading and public hearing. Planning Director Behrens explained that, because this parcel and the next parcel will be in the direct path of the Beltway and the right-of-way will have an impact on both, the request for R-l-A is the logical choice. The public hearing was opened and Martin Kreidt, representing the owners, asked that a change from the original petition be considered. Mr. Kreidt said that the owners would prefer to zone the north portion A-I and the south portion R-I-A, and that could be accomplished by changing the Sports Investment portion of Exhibit B from R-l-A to A-I. After the public was given an opportunity to speak a recess was '-' Page 16 Ocoee City Commission Regular Meeting December 14, 1992 called to work out the details in the wording of the ordinance and the appearance of the map. Commissioner Johnson stated for the record that two years ago he was affiliated with Sports Investments, Inc. but is no longer. Rick Kempher, 1925 Ocoee-Clarcona Road, said that he owns the parcel just south of this and he and his neighbors feel that R-1-AA would be a better choice. Gary Russell, 608 E. Central Blvd, Orlando, said it is not the size of the lot or house but the quality of the product that makes the difference. That can be controlled with a developer agreement. Commissioner Combs said that will be taken care of at the DRC meetings. Gina Trifiletti, 2120 West Road, Apopka, said she is interested in upgrading the housing and the reputation of the area. The public hearing was closed. City Attorney Rosenthal asked that Mr. Kreidt, as representative of the property owner, modify the application. Mr. Kreidt, representing Sports Investments, Inc., requested that the Sports Investments portion of Exhibit B be changed from ~ R-l-A to A-l. RECESS_1.1:05._-= 11:10 P_.M. TO REVISE THE ORDINANCE The revisions made to accommodate the petitioner's request were as follows: l} Page 2: delete the "Whereas..." clause regarding the Planning and Zoning Commission recommendation; 2} Exhibit B entitled Land Description Sports.. In'Lestmen~ Inc. Property (just before the map) change "Parcel B" to read "Parcel A" and label the page "Page 2 of 2"; 3} On the map change that "Parcel B" to the left of Parcel A to "Parcel A"; 4} Move the Property Tax ID #00017 from Parcel B to Parcel A; 5} No change in the text or the title. Commissioner Foster, seconded by Commissioner Johnson,_moved to approve staff ~~~i~wi!.~~_.!'~~.J.>.~_~.!-.!~'_9rdinance No. 92-43_~~1>.!~~~!..~~....~ - - '-" Commissioner Combs, seconded by Commissioner Woodson, moved to amend Ordinance No. 92-43 in order to chana-e the leaal description identified as -SpOrtS Investments,. Inc. property to Exhibit A, Page 2 of 2, and Parcel A instead of Exhibit B and Parcel B so fhat the property-ldentTfiedas Sports Investments, Inc. will b-e- rUe-zoned tCl-- a-unci ty of Ocoee A-1 ,-General Agricultural D:Lstrict and foconf-o~he-nlap--aEtachecrtotheordinance-anirThe-properTy--faX-TdenTI1ICaHon. nunlbEITs-theI.-eon-..--Eo.--matc-li-----1-he---cliaiigea--regar--desciipTiorls:------On-ro-rr-cilT Co-mmIs-s-rone-rCO'mbsv9ted"-aYE;-;"-commlssiOner-FosFer-"a-ye~',"CommIsSJ.oner-Johrlson ~~~~~~~?-mmfSSiOner_ Woods~!l "~ye ,"'-~an~~ra~~~~Il~~_~~~rrF--'iaye:-~----wotTO-ncarrle-d-: ~ Page 17 Ocoee City Commission Regular Meeting December 14, 1992 In the vote tor the amended ordinance, on roll call Commissioner Combs voted ~'aye, II Co.mmissioner _ Foste!:__'~~' Co.mmissioner Johnson__~ayeL:~ Commissioner RQQ~Q!L'~~~~l!~~lHk!:grrf~~' ay~,,-~-,- _Motion_~~rJ.~L------- CA~E _ NO,,---]_-=Q82~lt-=~~_~~RRE:rT / SQ!oO~91! Planning Director Behrens presented the staff report, noting that the annexation and ini tial zoning are consistent wi th the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 1.3 acres located on the east side of West Road and ~ mile north of Ocoee-Clarcona Road when measured from where it turns south. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change is from Orange County A-l, Agricultural to City of Ocoee R-1-A, Single Family Dwelling. The owners of the parcel are Beryle S. Buchman, Florence A. Barrett, Curtis E. Pickens, Sports Investments, Inc., Sun Bank of Tampa Bay, Carol Ann Cole, and Patricia E. Pickens. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-082AR- 92:Barrett/Solomon. '-' 1} Approve Ordinance No. 92-44, annexing the subject parcel, sUbject to the adoption of Ordinance No. 92-45, establishing an initial zoning for the subject parcel as requested by the applicant and further subject to the approval of an annexation agreement; 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-44; and 3} Approve Ordinance No. 92-45, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-44 and find that all conditions subsequent to the adoption of Ordinance No. 92-44 have been fully satisfied. Ordinance No.92-44, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Martin Kreidt, representing the owners, requested approval of the annexation. Robert Wiegers, Orange County Planner, said that this annexation will create an island of unincorporated county. As there were no further comments or questions the public hearing was closed. ....... Commissioner Johnson, seconde_d by Commissioner Combs, moved to approve staff recomm~ndation as PLesented.:_ On roll call Commisslon~r Combs vote~__"aye,:~ ~ Page 18 Ocoee City Commission Regular Meeting December 14, 1992 Commissioner Foster "ayeL" Commissioner Johnson. "aye," . Commissioner ~~"_and MayorVandergrift "aye.'~_ Motion ca~_~_ Woodson Annexation Agreement. City Attorney Rosenthal presented the annexation agreement. Commissioner Woodson, seconded by Commissioner Foster, moved to approve staff recommendation. Motion carried with unanimous vote in favor. - Ordinance No.92-45, changing Zoning from Orange County A-1, Agricultural to City of Ocoee R-1-A, Single Family Dwelling. This ordinance was presented by title only for the second reading and public hearing and City Attorney Rosenthal advised that the last "Whereas..." clause on page one should be deleted as it refers to the Planning and Zoning Commission recommendation and there was no recommendation made as to zoning. The public hearing was opened and Martin Kreidt, representing the owners stated that this request is consistent with the Comprehensive Plan. Mr. Kreidt took this opportunity to express his appreciation for the cooperation and assistance provided by staff. Commissioner Woodson, seconded by Commissioner Johnson, moved tq approve staff recommendation with the stipulated change made deleting the reference to _ a Planning and Zoning Commission recommendation. On roll call Commissioner Combs voted '~L'~ Commissioner Fost~x___:'~~ Commissioner Johnson ~~_t" Commissione1; Woqdson "aye," and Mayor Vande~.L~.~~_JiqtiQ!L~!"_~.~_ "'-w ~A~NO._~::g2AR=92:Ji.U~~ELL Planning Director Behrens presented the staff report, noting that the annexation and initial zoning are consistent with the Comprehensive Plan and the Future Land Use Map and then he identified the parcel on the map as 55.6 acres located with dual road frontages: on the West side of West Road and 400 feet north of the intersection of Ocoee-Clarcona Road and on the north side of Fullers Cross Road ~ mile east of Apopka-Ocoee Road. Urban services are currently not planned to be extended to this area for a minimum of seven years. Only rural services, supporting agricultural uses will be provided in the interim. Mr. Behrens pointed out that the requested zoning change is from Orange County RCE, Residential Country Estate to City of Ocoee R-1-A, Single Family Dwelling, and although the Planning and Zoning Commission has recommended a zoning change to RCE-2, Rural Country Estates, staff concurs with the petitioner that R-1-A is appropriate for this parcel. The owners of the parcel are Jack H. Bray and Dorothy F. Conrad. Staff Recommendation: That the City Commission, in separate votes, take the following actions with respect to the petition in Case Number 2-02AR-92:Russell. 1} Approve Ordinance No. 92-46, annexing the subject parcel, subject to the adoption of Ordinance No. 92-47, establishing an initial zoning for the SUbject parcel as requested by the applicant and further subject to the approval of an annexation agreement; "-" 2} Approve the proposed Annexation Agreement between the City of Ocoee and the owner of the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-46; and Page 19 Ocoee City Commission Regular Meeting ~ December 14, 1992 3} Approve Ordinance No. 92-47, establishing an initial zoning for the subject parcel, such approval being in satisfaction of the condition of approval for Ordinance No. 92-46 and find that all conditions subsequent to the adoption of Ordinance No. 92-46 have been fully satisfied. Ordinance No.92-46, Annexation. This ordinance was presented by title only for the second reading and public hearing. The public hearing was opened and Gary Russell, 608 E. Central Blvd, Orlando, said that he concurs with the staff report. Robert Wiegers, Orange County Planner, said that the County does not consider this parcel to be substantially compact and contiguous to current or proposed ci ty limits. City Attorney Rosenthal said that there is a legally sufficient basis for this parcel to be considered compact and contiguous. Mayor Vandergrift presented a petition signed by twenty eight neighbors in opposition to this action. The petition is attached to these minutes as Exhibit A. Joe Trifiletti, 2120 West Road, Apopka, said he is not against the annexation but he is against zoning R-l-A. ~ Gina Trifiletti, 2120 West Road, Apopka, said she typed the petition and presented it to those who signed. Gary Russell said that his parcel is one of the only parcels being presented for annexation that is within Ocoee's service area and he is prepared to bring to the City, at no cost to the City, all those utilities. As there were no further comments or questions the public hearing was closed. Commissioner Combs, seconded by Commissioner Foster, moved to approve staff recommendation as presented. _ On roll call Commissioner Combs voted "aye, " Commissioner Foster .f'aye," Commissioner Johnson "aye-L" _ Commissioner Woodson ~'aye," and M~r Vandergrili_"aye~.. Motion carJ"i~" Annexation Agreement. City Attorney Rosenthal presented the annexation agreement and pointed out that this parcel is within the City service area which would be rural service at this time. Commissioner Woodson, seconded by Commissioner Combs, moved to approv~ staff recommendation. Motion carried with unanimous vote in favor. Ordinance No.92-47, changing Zoning from Orange County RCE, Residential Country Estate, to City of Ocoee R-1-A, Single Family Dwelling. This ordinance was presented by title only for the second reading and public hearing and City Attorney Rosenthal advised that the last "Whereas..." clause on page one should be deleted as it refers to the Planning and Zoning Commission recommendation. The public hearing was opened and Gary Russell said that he "-'" concurs with staff recommendation. Mr. Russell said that he has done preliminary -..... Page 20 Ocoee City Commission Regular Meeting December 14, 1992 studies and is prepared to go ahead with development. He said that he was not aware of the petition but that he was willing to meet with the petitioners and to upgrade. Joe Trifiletti, said he lives on the property that will be surrounded by this property and has horses. He expressed concern that the quality of life will go down. Mr. Russell said that he would put up a 6' stockade fence and have a homeowners association to maintain it. As there were no further comments or questions the public hearing was closed. Commissioner Woodson, seconded by Commissioner Combs, moved to approve staff recommendation -'for' Ordinance N6-:-9-2=47as-preseinrecr-wiTh-The--W1i""ereas--cfause. referencing the Plannfiig and--Zoning Commisslon recommenda tion- deleted! On roll" call Commissioner Combs voted- "aye," comniIssioner Fos-ter "aye,-" CommiSsioner Johnson "aye," ComRilSSfoner -Woodson "aye~~nd MayorvanaemTTC''aye:TI-MotTorl. carried. -- _m -- - --- --- - m____ -- - -------------------__________________________ OTHER BUSINESS There was no other business at this time. STAFF REPORTS There were no staff reports at this time. '-" COKKENTS FROM COMMISSIONERS There were no comments at this time. ADJOURNMENT The meeting adjourned at 11:50 p.m. Attest: APPROVED: CITY OF OCOEE ....... ~A- f;> I:)-INI9l- 111~ ,LJJ @ ~ .Ai: J.t..- M I -+ ^"?> ~~ 1Jt~ ()/'/y/93 .!V\ I \..... --- PETITION f PEOPLE OF ORANGE COUNTY AGAINST ORDINANCE NO. 92-46. CASE NO. 2-02AR-92. AND ORDINANCE NO. 92-47. CASE NO. 2-02AR-92 12/92 We, the undersigned, are OPPOSED to changing the zoning classification from Orange County RCE, Rural Country Estate, to Ocoee, R-1-A, Single Family Residential District, on certain real property located wi th dual road frontages: On the west side of West Road and 400 feet north of the intersection of Ocoee-Clarcona Road and on the North side of Fullers Cross Road 1/4 mile east of Apopka-Ocoee Road. '-- ) (" ~/~ '-" '-"