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HomeMy WebLinkAbout06-15-93 MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS REGULAR '-' MEETING HELD June 15, 1993 CALL TO ORDER The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Vandergrift at 7:30 p.m. in the commission chambers. Pastor Richard Johnston, Harvest Church of God, led in the prayer and Mrs. Frances Watts 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, Public Works Director Brenner, Planning Director Behrens, Building Official Flippen, and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mayor Vandergrift presented a City of Ocoee watch to Jim Swickerath in appreciation for his many years of service to the City. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Foster. seconded by Commissioner Combs. moved to approve and accept the consent agenda as presented. Motion '-" carried 5-0. A. Acceptance and Approval of Minutes of Re~lar Commission Meetina: of June 1. 1993. B. Approval of Purchase of 1250 GPM Fire Pumper. Approval and Authorization to Establish Capital Line Item for the Pumper with payment to be derived from Fire Impact Fees District 3. Award Bid Number B93-006 1250 GPM Fire Pumper to Kovatch Mobile Equipment and Delrav Fire Extina:uisher Service. Inc. for Total $255.915.50 with Financing through Liberty National Leasim! Company - 4 years (j}J 5.36% Interest and $17.642 quarterlv payment. and Authorization for Mayor and City Clerk to Execute Necessary Documents. C. Approval and Acceptance of Wesmere. Villa~e 5 (Pelican Islel-Final Plat. COMMENTS FROM CITIZENS/PUBLIC Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., said that years ago he had suggested having an account to pay for items like fire trucks rather than financing them. City Manager Shapiro advised that the fire pumper will be paid for with impact fees (which is growth money for a certain district). PUBLIC HEARINGS CITY MANAGER SHAPIRO ANNOUNCED THAT AGENDA ITEM VI B WETLANDS "-" MITIGATION PLAN AND THE MITIGATION DESIGN FOR HUDSON COMMERCIAL Ocoee City Commission Regular Meeting \..., June 15, 1993 SUBDIVISION SHOULD HAVE BEEN LISTED UNDER PUBLIC HEARINGS, AND THAT IT HAD BEEN DULY ADVERTISED BUT WAS INADVERTENTLY PLACED IN OTHER BUSINESS ON THE AGENDA. ORDINANCE NO. 93-06, relating to ZONING CODE REVISIONS INCLUDING AUTOMOBILE REPAIR. This Ordinance was presented by title for the second reading and public hearing. The public hearing was opened, and as no one wished to speak, the hearing was closed. City Attorney Rosenthal pointed out the revisions proposed by the Planning Department as set forth in a memo dated June 10 from Assistant City Attorney Barker. Commissioner Johnson. seconded by Commissioner Combs. moved to delete the phrase "and Commercial Convenience with Gas Sales" from Section 6 of Ordinance No. 93-06. and to amend Table 5-1 Entitled "Use Regulations" attached as Exhibit "A" to Ordinance No. 93-06 to insert the commercial use of "Automobile Parking Lot." which use is permitted in C-2. C-3. 1-1. and 1-2 zoning districts and prohibited in all other zoning districts. On roll call Commissioner Combs voted "aye. " Commissioner Foster "aye." Commissioner Johnson "aYe." Commissioner Woodson "aYe." and Mayor Vandergrift "aYe." Motion carried 5-0. '- Commissioner Foster. seconded by Commissioner Johnson. moved to adopt Ordinance No. 93-06 as amended. On roll call Commissioner Combs voted "aYe." Commissioner Foster "aye. " Commissioner Johnson "aYe." Commissioner Woodson "aYe." and Mayor Vandergrift "aye. " Motion carried 5-0. ORDINANCE NO. 93-10, INCREASING ANNUAL SALARY of the MAYOR and BOARD of CITY COMMISSIONERS City Attorney Rosenthal presented this Ordinance by title and advised that there was a typo in his cover memo dated June 4, 1993 which indicated the proposed annual salary for each City Commissioner would be $4,000 and it should indicate $4,800 as proposed at the last meeting. The public hearing was opened. Former Mayor Lester Dabbs, 619 Caborca Court, Mr. R.P. Mohnacky, 1820 Prairie Lake Blvd., and Mr. Bryce Sigman, 827 E. Harbour Court, spoke against the proposed increase. The public hearing was closed. Commissioner Woodson. seconded by Commissioner Johnson. moved to deny adoption of Ordinance No. 93-10. On roll call Commissioner Combs voted "aye." Commissioner Foster "no." Commissioner Johnson "ave." Commissioner Woodson "aYe." and Mayor Vandergrift "aye." Motion carried to deny 4-1. \.- 2 '-" Ocoee City Commission Regular Meeting June 15, 1993 '-" WETLANDS MITIGATION PLAN AND THE MITIGATION DESIGN FOR HUDSON COMMERCIAL SUBDIVISION. City Attorney Rosenthal explained several procedural matters as this is the first time a permit under Article VII of the new Land Development Code has come before this Commission. Mr. Rosenthal pointed out that after the required public hearings before the Planning and Zoning Commission and City Commission and the City Commission determines whether the Plan is (1) approved, (2) approved with conditions, or (3) denied, the subdivision plan would be brought back before this Commission based upon the action taken tonight. Because this is a specific type of permit, there is a requirement in the Code that there be (1) findings of fact, and (2) conclusions of law in connection with any action taken here and such recommendations are included in the Planning Director's report. Planning Director Behrens read the staff report and identified the parcel as a 17.45 acre tract located on the south side of West Colonial Drive west of and adjacent to the Ocoee Medical Center (across the street from Denny's and the Goodyear Tire Store). The Zoning is C-3, General Commercial. In reviewing the staff report, Mr. Behrens said for the record that he had requested Orange County's comments on the Plan as they had been the initial reviewing agency. Orange County Planning Manager McClendon indicated that "Impacts and mitigation within Wetlands 1, 2, and 3 would be supported by the Orange County Planning Department." However, "Wetland impacts proposed for Wetland 4 cannot be supported by the Orange County Planning Department since Wetland 4 extends off-site and is a viable system approximately 23 acres in size." And in another letter, "Preservation of this Wetland which extends offsite does not appear to preclude the applicant from obtaining reasonable use of the remaining portion of the site. Impacts to a portion of this wetland have the potential to negatively impact wetland viability extending offsite onto properties adjoining the Hudson Commercial Development site." Mr. Behrens explained that the Code calls for Wetland Buffers to be a minimum of seventy five (75) feet in width except where the City Commission finds that it is impractical to maintain that width, but that other sections of the Land Development Code refer to Conservation Element policies that call for a minimum of a twenty- five (25) foot buffer. Mr. Behrens said that he felt that a twenty-five (25) foot buffer would be sufficient in this area. Mr. Behrens recommended the following Findings of Fact: The Wetlands Mitigation Plan for Hudson Commercial Subdivision submitted February 19, 1993, identifies four wetlands on the property. Wetlands 1, 2, and 3 are poor quality isolated wetlands. Wetland 4 is a 23 acre viable wetland which extends off the property and serves a significant and productive environmental function. The mitigation proposed for impacts to Wetlands 1, 2 and 3 consists of on-site creation of wetlands of similar type, amount, and function as those wetlands impacted. A twenty-five (25) foot buffer zone adjacent to Wetland 4 is sufficient to protect the wetlands from adjacent development. '-'" 3 '-" Ocoee City Commission Regular Meeting June 15, 1993 Mr. Behrens recommended the following Conclusions of Law: The applicant's Wetland Mitigation Plan is consistent with the Ocoee Code of Ordinances and Comprehensive Plan except that no encroachment shall be allowed in Wetland 4 and a twenty-five (25) foot upland buffer shall be provided adjacent to Wetland 4. Wetland 4 shall be delineated by St. Johns River Water Management District and shown on final engineering plans. Avoidance of impacts to Wetland 4 will not preclude applicant from the reasonable use of the property. Planning and Zoning Commission, with a 4-2 vote, recommended approval subject to approval of a permit by the St. Johns River Water Management District and subject to a subsequent review of plans and final engineerin.g approval. Planning Director Behrens recommended approval of the Recommended Findings of Fact and Conclusions of Law set forth above and the applicant's Wetlands Mitigation Plan except: (1) No Development Impacts should be permitted to the 23 acre Class II Wetland identified as Wetland 4. (2) The seventy-five (75) foot buffer requirement should be reduced to twenty-five (25) feet adjacent to Wetland 4. '-' (3) A Conservation Easement should be required by the City over Wetland 4 to assure that it remains undisturbed. The public hearing was opened and Mr. Ed Hudson distributed copies of excerpts of the Land Development Regulations. After he pointed out the parcel on a map, he went over the highlighted lines of those pages of excerpts, noting that, unless Commission approves the mitigation as requested, he would not have reasonable use of his property as provided in Article VII Part I ~ 7-1 A (3) and (4). Mr. Hudson also pointed out that they have complied with the requirements in ~ 7-4 B (2) and created new wetlands. Mr. Hudson noted also on page 6 of his handout (page 2 of a letter to Behrens from Orange County Planning Department) a typo indicating the parcel in question is in the southwest corner of the site and it should state the northwest comer of the site, and further the writer states that the".. . alteration or development affecting such lands should be so designed and regulated so as to minimize or eliminate any impact upon the beneficial environmental productivity of such lands, consistent with the development rights of property owners." And further in the paragraph Mr. Hudson noted that a reference is made to a method to mitigate. Mr. Hudson asked that Commission let them proceed with the St. Johns River Water Management District and be governed by their decision in this. '-' 4 Ocoee City Commission Regular Meeting '-' June 15, 1993 City Manager Shapiro explained that in the past (prior to the enactment of the Comprehensive Plan) the City relied on SJRWMD to make a determination for the City. After the Plan was completed and the LP A and Commission reviewed the condition of the City, they decided that SJRWMD determined a minimum standard, not a maximum. Mr. Shapiro explained that Mr. Hudson is asking Commission to approve a different plan than the one presented to and approved by the Planning and Zoning Commission with a 4-2 vote (a plan submitted by Mr. Behrens which meant that Hudson could not utilize that area but could have a twenty-five (25) foot buffer). What Mr. Hudson is asking is to allow the mitigation in that area subject to SJRWMD decision. However, Mr. Hudson has stopped the process with SJRWMD and they are not in a position to answer the question because of the Land Use Regulation that allows the City to make that determination first. Mr. Shapiro listed the options open to Commission: (1) Approve staff and Planning and Zoning Commission recommendation to not allow that one area to be used, giving them a 25 foot buffer. (2) Approve Mr. Hudson's position which allows the use of the free-flowing area and mitigates another area behind it. (3) Approve SJRWMD decision if/when it decides based on the appropriate information. ~ There followed a very lengthy discussion to determine just what the options were. Mr. Mickey Shiver, 825 E. Harbour Court, Chairman of Planning and Zoning Commission, clarified the P & Z position, stating that their recommendation was to go with staff recommendation provided SJRWMD approves it. Mr. Hudson said that P & Z Commission recommended approval of the mitigation plan subject to SJRWMD approval and that is what he is asking for at this time. Commissioner Foster asked why Mr. Hudson believed that SJRWMD would permit that area to be used if indeed they consider it a wetlands area. Mr. Hudson said that in the five years he has been dealing with them concerning this property, they have never denied mitigation yet, and they also have not ratified a plan yet. Mr. Hudson continued that SJRWMD does not consider this to be a viable wetland area. Mr. Behrens objected to this last statement, as SJRWMD has never said it was not viable, and they have never approved mitigation. Mr. Hudson said he did not say they had approved mitigation, but rather that they have not denied mitigation. Commissioner Foster asked why we are relinquishing authority to St. Johns if our Comprehensive Plan covers this. Mayor Vandergrift clarified the position one more time: no mitigation means you are going to maintain the wetland, mitigation means Mr. Hudson has the opportunity to move the wetland someplace acceptable to City Commission at 2.5 times the size of the current wetlands. Mr. Shiver said that is not so, that all he has to do is go to another of the wetlands and improve it '-" 5 Ocoee City Commission Regular Meeting ~ June 15,1993 or enhance it. . . but no one can tell him when he has enhanced it enough. Mr. Behrens said that is why the City was waiting for the determination from SJRWMD. Mr. Hudson asked why he should continue with SJRWMD and get a permit and then have the City not accept it. He said they have worked with SJRWMD for over a year and in February 1993 the Planning Director made a ruling not to mitigate. Mr. Hudson asked to proceed, satisfy SJRWMD, and come back before the City with the final plans, and he felt that if the City does not allow mitigation then he would not have practical and reasonable use of his property. Mayor Vandergrift asked for remarks from the public. Mr. R.P. Mohnacky asked for a clarification regarding the wetlands. Mr. Jim Gleason, 856 Hammocks Drive, said that he hoped Commission would not make a decision without at least the advice of SJRWMD. Commissioner Foster said that they had already confirmed the grade of wetlands. The public hearing was closed. City Attorney Rosenthal said that staff and Mr. Hudson are saying the same thing - that they '-" would like for Commission to act on the question tonight. Mayor Vandergrift said that Disney has demonstrated that wetlands can be built, rebuilt and, absent endangered species, can very well be mitigated back to the same if not better. Commissioner Foster. seconded by Commissioner Combs. moved to deny mitigation and deny St. Johns River Water Management District's authority over this issue and approve the Planning Director's recommendation as set forth in the staff report. Motion carried 4-1 with Mayor Vandergrift voting no. RECESS 9:15 P.M. TO 9:30 P.M. OTHER BUSINESS Discussion re: ROBERT'S RISE SUBDIVISION BOAT DOCK and AMENDMENT to DEVELOPER'S AGREEMENT. City Attorney Rosenthal explained that the draft of an amendment to the existing agreement between Courtney Consulting Corporation and Robert's Rise Homeowner's Association, Inc. has been forwarded to Building Official Flippen and to Mr. Appeling, the president of the Homeowner's Association, and upon receiving a signed original back from the Homeowner's Association he would forward it to Ms. Courtney, who has indicated that she has no objection '-" 6 Ocoee City Commission Regular Meeting June 15, 1993 - to the removal of the dock if that is the desire of the Homeowner's Association. Commissioner Johnson pointed out that Mr. Appeling is no longer the president and Mr. Rosenthal said that he was relying on the Secretary of State records and will send a copy to Mr. Nielson, the current president, as well. Mr. Rosenthal recommended that Commission take no action at this time. WETLANDS MITIGATION PLAN and the MITIGATION DESIGN for HUDSON COMMERCIAL SUBDIVISION. See above - pages 3-6. FIRST READING OF ORDINANCES. SECOND READING and PUBLIC HEARING Will Be Held JULY 6, 1993 at 7:30 P.M. ORDINANCE NO. 93-11, Relating to CASE NO.I-4AR-93:HOLZWORTH, ANNEXATION. This Ordinance was presented by title only for the first reading. City Manager Shapiro announced the time and place for the second reading and public hearing and advised that this parcel is a portion of an enclave and this annexation will reduce the size of the enclave. - ORDINANCE NO. 93-12, Relating to CASE NO. 1-4AR-93:HOLZWORTH, REZONING. This Ordinance was presented by title only for the first reading. City Manager Shapiro announced the time and place for the second reading and public hearing. REPORT ON GRASS PROBLEM AT BULLDOG BALL FIELD. City Manager Shapiro reported on the condition of the football field and recommended $9,500 be allocated for sodding the field following the treatment of the field and the return of the test results. Commissioner Johnson. seconded by Commissioner Foster. moved to approve the allocation of $9.500 to plant sod following the treatment of the field and the return of the test results. subiect to the results of the water test. Motion carried 5-0. LOT SPLIT AGREEMENT - WEST ORANGE COMMERCIAL CENTER. City Attorney Rosenthal explained that this agreement will allow the permitting of buildings with the condition that the property owners replat the property once the City adopts a short form plat process and recommended authorization for the Mayor and City Clerk to sign the agreement once the property owners have done so. Commissioner Woodson moved to approve staff recommendation and the motion died for lack of a second. Staff explained that the short form will be forthcoming within one year and Commissioner Woodson restated the motion. this time it was seconded bv Commissioner Foster. Motion carried 5-0. APPOINTMENTS to BOARDS. Planning and Zoning Commission - Jim Swickerath - 3 year term expires July 1993. - 7 '-' Ocoee City Commission Regular Meeting June 15, 1993 Commissioner Johnson.seconded by Commissioner Woodson. moved to reappoint Jim Swickerath to serve another 3 year term on the Planning and Zoning Commission. Motion carried 5-0. APPOINTMENT of VOTING DELEGATE for FLORIDA LEAGUE of CITIES CONVENTION. Commissioner Combs. seconded by Commissioner Johnson. moved to nominate Commissioner Foster to be voting delegate to the Florida League of Cities Convention. Motion carried 4-1 with Mayor Vandergrift voting no. STAFF REPORTS There were no staff reports at this time. COMMENTS FROM COMMISSIONERS Commissioner Woodson: No comments at this time. '-" Commissioner Combs: 1) Advised that Mrs. Robbins, 12 Lee Street, contacts him every time it rains as her residence is on the edge of wetlands, and he is definitely against any development within 25 feet of wetlands as that is too close. There was a long discussion on this issue here. 2) Talked about the report that Starke Lake is the 7th dirtiest lake in Orange County. 3) Thanked Public Works for the sidewalk work. 4) Expressed disappointment that two of the new police cars have been wrecked already. Mayor Vander~rift: 1) Said that Mrs. Robbins' problem with drainage is partly from clogged ditch behind the trailer park. City Manager Shapiro said that David Hamstra is working on a system to solve the drainage problem overall. 2) Talked about the dirty lake report and said that he intends to start a program to remove cattails and replace them with appropriate growth. He then asked for volunteers to form a task force to accomplish this. 3) Reported a pile of trash in Pioneer Key Park I. Commissioner Foster: Expressed appreciation for the appointment as voting delegate to Florida League of Cities convention and promised a caucus to determine Commission wishes for his vote. Commissioner Johnson: 1) Said we need to work with the County on lake care. 2) Wants realtors notified that their signs are in violation when placed on right-of-way. '-' 8 Ocoee City Commission Regular Meeting '-" June 15, 1993 3) Directed Public Works to place a garbage receptacle at Pioneer Key Park II like the one at Pioneer Key Park I. 4) Noted that a receptacle is also needed at the picnic area at the park. ADJOURNMENT The meeting adjourned at 10:25 p.m. Attest: APPROVED City of Ocoee (I 3 $'~ -tftv~ S. Scott Vandergrift, Mayor '-' ~ 9