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HomeMy WebLinkAbout07-21-98 MINUTES OF THE CITY OF OCOEE REGULAR CITY COMMISSION MEETING HELD JULY 21,1998 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:20 p.m. in the Commission Chambers. Commissioner Anderson led in the prayer and Commissioner Parker led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Howell, and Parker. Also present were City Manager Shapiro, City Attorney Rosenthal, Director of Planning Wagner, Finance Director Horton, City Clerk Grafton, Assistant Fire Chief Firstner, Assistant City Engineer Wheeler, Senior Planner Horne, Senior Planner Lewis, Capital Projects/Transportation Planner Friel, Finance Supervisor Carter, Buyer Meridith, Consultant (PEC) Hooper, and Consultant (Trans Core ) Blanton. ABSENT: None. PRESENTATIONS AND PROCLAMATIONS REQUEST FOR SUPPORT Donnie Burkhalter addressed the Commission to request support for his participation in the National AAU Baseball Finals in North Carolina. He advised that he was the only player selected from the City of Ocoee, and that, of the $1,000 each player must raise to make the trip, he had raised $400 so far. Mayor Vandergrift. seconded by Commissioner Parker. moved to make a grant of $200 to Mr. Burkhalter for the requested purpose. Motion carried 5-0. Mr. Burkhalter thanked the Commission. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Commissioner Anderson. seconded by Commissioner Glass. moved to approve items A. B. and C of the consent agenda as presented. Motion carried 5-0. A. Approval and Acceptance of the Minutes of City Commission Regular Meetine: of July 7. 1998. and Special Session/Public Hearing of July 15. 1998. B. Approval to Award RFP #98-006 to H & H Liquid Sludge DisposaL Inc. for Wastewater _Residuals Disposal and Authorization for Mayor and City Clerk to execute the Agreement and all Documents Necessary to Consummate the Transaction Contemplated by the Agreement. . This continues the just expired two-year agreement on a month to month basis. C. Approval and Authorization to Solicit Bids for Installation of 1.300 feet of Chain Link Fence for Forest Oaks Water Plant and Transfer up to $11.000 from Reserve for Contine:ency to Fund the Construction. . This will provide protection for the expensive and dangerous machinery and equipment at the plant and reduce the potential for vandalism. Ocoee City Commission Regular Meeting July 21, 1998 COMMENTS FROM CITIZENS/PUBLIC There were no comments at this time. COMMISIONERS ANNOUNCEMENTS/CORRESPONDENCE Commissioner Parker: 1) Said she had tickets for the Orlando Ray's Game, Thursday July 23, 1998, and had placed them on the table in the lobby for the public. Commissioner Glass: None at this time. Commissioner Anderson: 1 ) Would like to know if there is a schedule for a weekly police patrol on every street in Ocoee. Mr. Shapiro said that they have sectors or zones assigned. and the number or type of calls they have on a particular day determines how much time they spend in their zones. Commissioner Howell: None at this time. Mavor Vandergrift: 1) Announced that the RSVP line, 656-2218, is for compliments as well as complaints. 2) Read a note of appreciation from Karen Rosenblum thanking the Staff and Commission for the July 4th celebration. Ms. Rosenblum said she looked forward to next year's celebration. 3) Announced that the July 4th Fireworks will be used for Founder's Day, October 17,1998. 4) Said there would be a Forum for a Tornado Task Force (Manufactured Home Safety Task Force) on July 30, 1998, 7 :30 p.m. in the Commission Chambers. PUBLIC HEARINGS SECOND READING OF ORDINANCE No. 98-11, RELATING TO STATE ROAD 50 ACCESS MANAGEMENT AND INTERSECTION OPERATIONS STUDY. City Attorney Rosenthal read the Ordinance by title only. Planning Director Wagner gave the staff report and stated that a study by TransCore was approved February 3, 1998 with three main purposes relating to State Road 50: (1) to guide the City's road access development, (2) to help the City coordinate with FDOT with respect to access permits and intersection improvements, and (3) to help coordinate with State Road 50 Activity Center Study Improvements. Mr. Wagner said that the changes suggested at the first reading/public hearing had been incorporated into the plan, and that Staff had added several as well in a final review. The changes are as follows: (1) Add south bound right turn lane at the intersection of State Road 50 and Bluford A venue, (2) Move the currently proposed access point, located approximately 1,150 feet west of the East- West Expressway/Clarke Road intersection, east approximately 150 feet to provide shared access between two parcels, (3) Create shared access with Viscaya Apartments and Old Cemetery Road by moving Viscaya Apartment access drive east to align with Old Cemetery Road, (4) Change proposed full median opening between Bluford Avenue and Blackwood Avenue to a directional left, (5) Change proposed full median opening across from Good Homes Plaza to a directional left, 2 Ocoee City Commission Regular Meeting July 21, 1998 (6) Show a westbound left turn bay for the proposed Marshall Farms Road Extension's intersection with State Road 50, (7) Show an additional southerly right-inlright-out along Old Winter Garden Road for Scotty's, (8) Allow for an additional right-inlright-out on west side of Blackwood Avenue south of Hospital entrance, (9) Relocate the existing access point for the single family residence, located north of State Road 50 between Blackwood Avenue and Clarke Road to the east approximately 150 feet, and (10) Show an eastbound left turn bay for the proposed directional left at Citrus Oaks Drive. Director Wagner said Staff recommended adoption of Ordinance No. 98-11 enacting the State Road 50 Access Management and Intersection Operations Study subject to Staff making the ten changes stated above. City Attorney Rosenthal clarified that the Ordinance accepts the study with a revision date of July 1998, the ten revisions being to the study dated June 19, 1998 and not to the text of the Ordinance. The public hearing was opened. Mr. Rosenthal noted for the record that there was a court reporter present for this public hearing. Mr. Peter Sutch, of Conklin, Porter and Holmes Engineers, Inc., said he was surprised to find the entrance at Blackwood west of the Hospital had been restricted to left directional and requested that this be considered for a full access entrance, given final determination by the DOT. Mr. Wagner stated that, at this time, the DOT position is that unless there is a signal placed at that location, they do not consider a full left turn coming out of there to be a safe condition. However, it is being spaced to accommodate a traffic signal if it is warranted and at that point it would be full access, and could be possible in the future. Mr. Rosenthal read text from the Ordinance showing that there is a procedure, based upon changed circumstances, to address even the specific recommendations contained in the study on a site plan specific basis; and Mr. Wagner added that there is flexibility in the Ordinance for the developers in the future to present technical evidence demonstrating a need for a different type of improvement to override the current expectations. The public hearing was closed. Commissioner Glass. seconded by Commissioner Howell. moved to approve Ordinance No. 98-11 approving the State Road 50 Access Management and Intersection Operations Study as revised July 1998. incorporating the staff recommendations referenced during the public hearing. Motion carried 5-0. SECOND READING OF ORDINANCE No. 98-12, RELATING TO STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN. 3 Ocoee City Commission Regular Meeting July 21, 1998 City Attorney Rosenthal read this Ordinance by title only. Planning Director Wagner gave a brief background of the study, and said that certain areas were chosen to encourage mixed use within a coordinated environment. He stated Health Central offered to pay for a study of a Special Development Plan of the State Road 50 Corridor. Mr. Wagner said that the study raised the standard of development along the corridor affecting building placement, parking, landscaping, pedestrian facilities, utilities, stormwater, signage and public improvements, but this would be an overlay and would not affect underlying zoning, land use, or any vested rights attributed to the land in the corridor. He added the study would change the aesthetic aspects of the corridor concerning landscaping, set backs, placement of buildings and amenities on site. He said that following a workshop and public hearing the staff had recommended the following changes to the original study: (1) Expand the State Road 50 Activity Center Special Development Plan to the west over to Marshall Farms road and the entrance ramp to the Florida Turnpike as depicted in the mock up drawing presented at the public hearing. (2) Revise pages 12, 15,26,34,38, as recommended by adding the following phrase to the listed pages: "whose administrative interpretations may be appealed to the Development Review Committee. In the event a person disagrees with an interpretation or decision made by the Director of Planning, then they may request a meeting of the Development Review Committee which will be held within 7 working days from the date of receipt of a written request. All such appeals shall be filed with the Director of Planning. The Development Review Committee may overrule or modify the interpretation or decision made by the Director of Planning. " (3) Reword subsection #2.d. on page 17, as recommended: "Along primary and secondary roadways. no more than two outparcels shall abut each other and no outparcel shall be less than one acre in size. Any number of outparcels may front on internal streets within a commercial subdivision." (4) Eliminate all Special Development Plan references to "Arterials" and "Collectors" and change to "primary roads" and "secondary roads." (5) Revise subparagraph #5.c. on page 19 as recommended: "Cross-access between adjacent parcels shall be required to allow shared access to public streets, increasing access options and minimizing congestion on local roads." (6) Revise subparagraph #7 on page 21 as recommended: "All commercial parking and loading areas shall be designed and located so as to ensure visually appealing projects and to protect adiacent residentially zoned. used. or designated properties from any adverse impacts and noise." (7) Revise the Special Development Plan to require that all sidewalks be at least 6 feet wide. (8) Eliminate all Special Development Plan regulations regarding telephone booths. (9) Revise subparagraph #13.c. on page 26, as recommended; i.e., to note that the City has reclaimed water service and refer to Chapter 174 of the Code of Ordinances. (10) Revise subparagraph #6.b. on page 29 as recommended; i.e., to state that wet stormwater detention facilities may be planted with plant materials upon review of the City Engineer. (11) Revise subparagraph #8.b. on page 29 as recommended; i.e., "b. Backflow devices and fire service pipes shall be located back from the street frontage and painted green and fully landscaped to screen them from view." 4 Ocoee City Commission Regular Meeting July 21, 1998 (12) Revise the Activity Center Plant Materials List, as recommended; i.e., by adding the "Cape Plumbago" and "Pindo Palm" to the plant materials list. (13) Revise subparagraph #5.b. on page 47, as recommended; i.e., "all below ground utilities proposed landscaping shall be designed and located to minimize conflicts with existing and proposed below-ground utilities proposed landscape materials. Mr. Wagner said that the Planning and Zoning Commission unanimously voted to recommend approval and staff also recommended the adoption of Ordinance 98-12 which would enact the Ocoee State Road 50 Activity Center Special Development Plan and create Special Overlay Areas for the Good Homes, West Oaks, Lake Bennet and Minorville Activity Centers, subject to the 13 revisions recommended as outlined above. City Attorney Rosenthal stated the revisions are in the report with a revision date of July, 1998 and that report is an exhibit to the Ordinance and to be adopted as part of the Ordinance. He added that subsection E of the Ordinance which dealt with the appeal process has been revised. Instead of appealing to the City Commission, there is the change which provides an appeal process to the DRC and then a statement that all decisions of the City Commission are final, so that, as part of the review process after a project works its way through the review process and ultimately comes to the City Commission, the City Commission then would be the ultimate decision maker, as opposed to getting involved in individual site specific appeals on kind of a week to week basis. Mr. Rosenthal also stated for the record that a court reporter was present for this public hearing. The public hearing was opened. Thomas M. Cloud, of Gray, Harris & Robinson, said he represented William Colburn, Charles Hawthorne, BML Investments, PRN Investments, and the Goodman and Rossman Families who own a substantial amount of land affected by the special development, and he asked for additional time to prepare for the consideration of this ordinance, as the recent death of Mr. Bill Goodman had severely impacted the family and delayed his preparation for this public hearing. He said they are not opposed to the conceptual plan and have been working with the city staff to facilitate the goals they are seeking with the planned activity center; however, they were concerned with the language of the ordinance and how it affects the property owners as to developing these properties. He suggested they add language as follows: "Notwithstanding anything to the contrary set forth in this ordinance, nothing herein shall be construed such as to prevent owners from being able to develop and construct economically viable permitted uses upon their property." He also spoke of three other specific areas that needed clarification or changes in the language used. Mr. Cloud asked for a two week extension to resolve some of the language issues. Mayor Vandergrift asked to which pages of the report he referred. Mr. Cloud responded the language was from page 34 dealing with Architectural cohesiveness. Commissioner Anderson asked if this was the same company that developed The Reserve on Clarke Road, and removed all of the trees. Mr. Cloud said he was not sure. Mr. Shapiro said the agreement for that development was approved by 1986-87 standards and that was before the tree ordinance was in place. 5 Ocoee City Commission Regular Meeting July 21, 1998 Former Commissioner Jim Gleason, 856 Hammocks Drive, Vice President Community Relations Health Central, made a brief statement as to the importance of this Ordinance in preserving this part of State Road 50 but still allowing proper development and use of land in keeping with the aesthetics already established by the Expressway Authority and other new developments. Mr. Gleason urged the Commission to approve the study as recommended, with the changes, while they have the opportunity. Ms. Kimberly Christoefl, 572 Bridge Creek Blvd., spoke briefly in favor of the Ordinance. Mr. Harold Switzer, 609 E. Lakeshore Dr., Chairman of the Planning and Zoning Commission, urged the Commission to approve the ordinance without delay. Mayor Vandergrift commended the Planning and Zoning Commission for their hard work. Mr. Scott Gould expressed concern regarding a minimum guarantee for property rights to develop property. He said with respect to The Reserve, the area was a problem to the City and the trees were removed with the understanding that they would be replaced. City Attorney Rosenthal pointed out that in subsection F of the Ordinance there was a specific statement "that nothing here is intended to abrogate any vested rights which may have been or may hereafter be granted by the City to an applicant." So to the extent an applicant is able to demonstrate that any application of this Ordinance to their specific property is contrary to any vested rights which may now or hereafter be granted by the City, the City would not have legal authority to apply this Ordinance (or the inconsistent portion of the Ordinance). Mr. Kurt Ardaman, 170 E. Washington, Orlando, said he had family here for 4 generations and commended the Commission, the planning staff, the consultants Glatting & Jackson, Health Central and the community for taking the serious effort for an area of property that would affect all of West Orange County. He recommended that other communities and governments use this as an example. Mr. Jeffrey Morin, 1505 Prairie Lake Blvd., questioned the advisability of incorporating language proposed by Mr. Cloud and delaying approval of the Ordinance. He said that the Planning and Zoning Commission is made up of a good cross section of non-partisan professionals and they could make decisions on behalf of the general public. The public hearing was closed. A brief discussion followed, during which each Commissioner expressed willingness to accept the Ordinance as presented and tweak the language later as needed. Commissioner Anderson asked that staff develop a plan for the interchange impact area as well. Mr. Wagner clarified for the record that the study already goes to Marshall Farms Road, the turnpike and Auto Auction which covers part of the impact area Commissioner Anderson spoke of, but he would take it under advisement. 6 Ocoee City Commission Regular Meeting July 21, 1998 Mayor Vandergrift said he had heard favorable comments from the West Orange Chamber of Commerce, Board of Health Central, etc. and no one had expressed identifiable problems with the idea of the plan. Mayor Vandere:rift. seconded by Commissioner Parker. moved to adopt Ordinance No. 98-12. State Road 50 Activity Center Special Development Plan. with the revisions set forth in the Planning Department Report. items 1-13. Motion Carried 5-0. Mr. Shapiro pulled Item VII D - Discussion/Action re: Melva Street Closing from the agenda to be considered at the August 4 meeting. RECESS 9:00-9: 1 0 p.m. City Attorney Rosenthal announced that agenda items VI C and VI D would be considered separately but in reverse order for their public hearings to ensure the Ordinance was consistent with the site plan. He stated that the Esplanade at Plantation Grove PUD, Preliminary Site Plan is a quasi-judicial proceeding, which means the Commission is acting as judges and decision makers and are basing decisions on competent substantial evidence, so to the extent the developer can present a site plan which complies with the PUD Ordinance and complies with the' Ocoee Land Development Code and there is competent, substantial evidence in the record to support that and there was not competent, substantial evidence on the contrary side, then as a legal matter the developer would be entitled to an approval and any non-approval would be subject to challenge. He stated further that general opinion statements, comments are not competent, substantial evidence for purposes of a quasi-judicial proceeding and any decisions based solely upon opinions of the public would not be sustainable by a court of law. Mr. Rosenthal asked that when the Commission finished the hearing they consult and ask advice in order to get a sustainable motion for the desired action. He said the PUD Ordinance is a legislative act and the City Commission has broad discretion in making a decision. "The two are intertwined in that the Preliminary Site Plan is based upon an assumption that there will be changes to the Ordinance and changes to the Ordinance would be needed in order for the Preliminary Site Plan to be consistent with the Ordinance." Commissioner Glass announced for the record that there was a court reporter present for the hearings and that he wished to disclose he has had ex-parte contacts with the homeowners, in particular Ms. Christoefl and with the applicant's attorney. Mayor Vandergrift, Commissioner Anderson and Commissioner Parker said they also may have spoken with persons from both sides of the issue. Mr. Wagner said even though the items have been reversed he would give his reports as they were on the agenda as that is the way they are structured. SECOND READING OF ORDINANCE No. 98-14 PLANTATION GROVE PUD LAND USE PLAN AMENDMENT Director of Planning Wagner said that this is a 201 acre multi-use project located on both sides of Maguire Road, consisting of single-family, multi-family and commercial units, and was originally approved in November of 1988. He said that the 35 acre multi-family portion of the project is the subject of the Amendment, as the developer would like to make it consistent with 7 Ocoee City Commission Regular Meeting July 21, 1998 the PUD. In 1992 the current plan was formally adopted with 30 acres for multi-family with a total of 480 units as approved in the original plan. He noted the amendments requested: (1) Change in the building setback from retention ponds in the multiple family parcel from 25 feet to 15 feet, allowing buildings to be placed closer to the ponds. (2) Change in the minimum net living floor area in the multiple family parcel from 750 sq. ft. to 650 sq. ft., allowing for a small percentage of the project to include carriage house units. (3) A concrete median separator in Moore Road with Phase 3 of the commercial portion of the PUD, to prevent unsafe left turns into the site. (4) Add a waiver from Code requirements to allow 18 ft. parking spaces with a 2 ft. overhang into landscaped areas, to allow more green space on the site. Mr. Wagner said these changes are still consistent with the standards applied to other developments in the City, and after review by Staff it was still their opinion that it met the higher quality level of development of the original proposal. Mr. Wagner said that on June 3, 1998 the Development Review Committee (DRC) voted unanimously to recommend approval of the revisions to the PUD Land Use Plan; also on June 24, 1998 the Planning & Zoning Commission, after a public hearing, voted 5-1 to recommend approval. Mr. Wagner said he had received a letter from the developer's attorney requesting an interpretation of vested rights to permit a service station in a portion of the commercial part of the project without the need for a Special Exception. Staff believed this to be a policy issue rather than a vested rights issue, and suggested that this item be clarified, along with other items of public interest as part of the amendment. The following additional Conditions of Approval were identified for possible inclusion in the Plantation Grove PUD Land Use Plan Amendment: (1) All references to "retail commercial" or "commercial" land uses within the development shall refer to those uses permitted within the C-2 Zoning District under the Ocoee Land Development Code, as it may from time to time be amended. Any uses within the C-2 Zoning District which require a Special Exception shall be permitted within the development only in accordance with the procedures and conditions applicable to lands located within the C-2 Zoning District. (2) All multi-family dwelling unit structures situated along the perimeter of the multi-family tract where it adjoins the single family tract shall be limited to two stories maximum height in order to minimize adverse visual impacts and to better integrate the project with surrounding lower- density residential uses. (3) In order to adequately buffer the higher intensity multi-family units from adjoining single family residences, a continuous 6 foot high masonry brick wall meeting all building codes shall be constructed along the perimeter of the multi-family tract where it adjoins platted single family lots. Said buffer wall is to be constructed prior to commencement of construction for each phase of the multi-family development. Mr. Wagner stated that Staff recommended approval of Ordinance No. 98-14 as amended to include all 7 of the proposed changes/additions as outlined above, and further subject to City Commission approval of appropriate amendments to the Developer Agreement to incorporate the changes to the PUD Conditions of Approval. As this item is to be considered after The Esplanade at Plantation Grove PUD, Preliminary Site Plan, no action was taken at this time. 8 Ocoee City Commission Regular Meeting July 21, 1998 THE ESPLANADE@ PLANTATION GROVE PUD, PRELIMINARY SITE PLAN. Director of Planning Wagner explained that the previous presentation dealt with the overall general parameters of the development plan of the entire project, while this portion would ct. consider the site plan - specific placement of the buildings, roadways, parking lots, etc. of the development. He gave a brief description of the actual plans on an overhead projector pointing out the changes consistent with the proposed amendments to the Ordinance. He said there had been multiple traffic studies done and with the future widening of Maguire Road and with placement of traffic signals at Moore/Maguire Roads the traffic should not be a problem. However, if it should become a problem the developer would pay 50% of the cost of an additional light at Bridge Creek Blvd. He also said that the few three-story multi-family units would be imbedded in the two-story units. He then briefly explained the traffic patterns and landscaping inside the development. Mr. Wagner said the portion of Moore Road that was never vacated when the road was re-aligned would be included now with this Preliminary Site Plan. Mr. Wagner advised that on June 3, 1998, the DRC voted unanimously to recommend approval; on June 24, 1998 the Planning and Zoning Commission, after a public hearing, voted 4-1 to recommend approval. Mr. Wagner noted that the comments received at the public hearing, with staff responses, were included in the packet of information for this meeting. Staff recommended approval of The Preliminary Site Plan for the Esplanade at Plantation Grove, subject to City Commission approval of the vacation of the road right-of-way for the old alignment of Moore Road, and subject to approval of the amendments to the Plantation Grove PUD. Commissioner Howell asked why the original setback was set at 25 feet as he was concerned because of recent flooding caused by heavy rains. Mr. Wagner explained they could not find a technical reason for the original setback limit and elevation of the retention ponds was more important than the distance. Commissioner Howell also asked if the traffic light was warranted at Bridge Creek Blvd. Mr. Whit Blanton, TransCore, responded that the light was not warranted at this time. Mr. Scott Clark, Attorney, 369 North New York Ave., Winter Park, said he and Tom Daly have been with the project since 1988 and had tried to develop a quality project for multi-family for more than a year. Mr. Clark said they had attended many meetings and, in response to both citizen and City Staff requests, had made many changes in the plan, going through a long process to come to this point. Mr. Tom Daly, T. Daly Design Group, 641 W. Fairbanks, Winter Park, as agent for the landowners and developers of this application, said that many things had been done to the Maguire Corridor since 1988. He said that what they did 10 years ago regarding vesting plan, access points, drainage, utilities, and site design compared to what the State Road 50 Activity Center is trying to accomplish now. Mr. Daly showed the plan that was amended in 1992 (originally designed in 1988), and explained how in the last ten years the market has changed and that quality is no longer based on square footage, rather the market has leaned more toward a residential look with village concept. He said the 650 sq. ft. unit would only pertain to one model which is called a carriage house, a two-story product with a garage underneath and apartments 9 Ocoee City Commission Regular Meeting July 21, 1998 designed for one person occupation on top. There would be 63 such units out of 447 total units, some as large as 1,300 sq. ft., with an average unit size of 1,000 sq. ft. He stated that they thought they addressed the quality issue in a manner other than by square footage. He said from the five meetings held with neighboring homeowners the questions that came up were concerned with traffic, access points, quality of the development and visual impacts. He gave a brief description of how they addressed each of these issues. He said the project would also match the existing landscape and architecture to tie it all together as one project. Mr. Clark said in order to do this site plan and retain the quality that the developer would like, the number of units has been decreased, and certain things that were asked for have been added, but they requested that certain design constraints be amended to make the project work. In response to earlier questions regarding the 650 sq. ft. units and the 15 foot setbacks, Mr. Clark said that adjusting square footage in one area would require changes to other areas and they would not be able to maintain the design features of the project. Addressing the issue of common access, Mr. Clark said when the parcel was sold to Pizzutti for single family units, agreements were obtained from them to put in the entrance to serve both the single-family and multi-family projects. He said the developer has made many concessions to provide a quality development. Mr. Clark also reserved his right to speak again at the close of the public hearing. The public hearing was opened and City Attorney Rosenthal suggested the Commission take comments on both the PUD and the Site Plan. Ms. Rosemarie Morganto, 11012 Graneshire Ct., Windermere Groves, asked about flood control and what type of wall would be constructed. She also stated that they need the traffic light now. Mr. Daly replied that it would be a block wall with stucco finish. She commented on the 650 sq. ft. being too small. Ms. Kimberly Christoefl, 572 Bridge Creek Blvd., said that no plan was submitted for approval complying with the original requirements and she spoke briefly of her objections to specific items, including the proposed amendments. Ms. Leslie Hatfield, 506 Bridge Creek Blvd., stated she believed she was purchasing a single family home in a single family area, that she had not been informed otherwise, and as a first time home buyer was unaware of appropriate questions to ask. She said she did not want an apartment main access road on a neighborhood street, and would like to see it moved to a different location. Mr. Doug Smith, 2471 Quiet Waters Loop, representing a group of Cross Creek property owners (in the audience, indicated by show of hands, most of audience) displayed drawings using the overhead projector, showing three possibilities for a proposed entry making Cross Creek a gated community. He was not pleased with two of the options, but indicated his first drawing moving gates down closer to Wickdale Court would accomplish their goal of separating the apartment dwellers' entry from the single family entry to Cross Creek. He asked the Commission to require the developer to modify the plan to allow exclusive gating for the Cross Creek subdivision and asked for a postponement in order for them to work with the developer on this issue. The drawings were given to the City Clerk for the file. '- 10 Ocoee City Commission Regular Meeting July 21, 1998 Mr. Larry Cooper, 518 Bridgecreek Blvd., agreed with Mr. Smith on the gate issue. He also commented on Mr. Wagner's remarks concerning the expansion of Maguire Road, and urged the City to put in the second traffic light. He then showed his rendering of the three-story apartment building. He asked if there were any provisions concerning sub-leasing. Mayor Vandergrift said that this was covered in the City Code, but it was difficult to enforce. Mr. Cooper said that he thought everyone in the room believed they were part of the development, as developers and participants in the homeowners association they deserve full consideration and in fact anything they have to say should be considered as competent developers. The rendering was also given to the City Clerk for the file. Ms. Deborah Thompson, 462 Fern Meadow Loop, agreed with Doug Smith and said she wanted one gate for one community. Mr. Rod Talbot, 2254 Wickdale Court, expressed concern with the added recreational activity that the apartment complex will bring through their neighborhood, such as bicycle riders, and said he sees the gate as a deterrent to this. Mr. Carl Trainer, 501 Bridgecreek Blvd., asked if the close proximity to the water with the 15 foot setbacks would cause the buildings to have mold and mildew problems. He expressed concern with resale value of his property as long as this was not a gated community, and with future development of commercial property to the other side. He said the small units were not as upscale as the developers claim due to the fact that they can be tax credit property for limited income renters. Mr. Peter Spence, 435 Fern Meadow Loop, echoed what others before him had said, but pointed out that Cross Creek does not belong to them just because they have made their homes there, and the bridge is only 50% theirs. Ms. Rosemary Crociata, 2293 Wickdale Ct., said she did not think there would be a way to gate the community, and control who comes and goes. She bought her home 4 months ago but was not informed about the apartment development. Mayor Vandergrift talked about the Ordinance that was passed by this Commission to protect home buyers from being uninformed and Commissioner Glass said that sales offices must post the advice displaying the planning and zoning department telephone numbers. Mayor Vandergrift said he would have the Code Enforcement Department check on this. Ms. Cindy Schlosser, 2281 Wickdale Ct., said the homeowners association is in a period of transition and asked that the approval be postponed until they have an opportunity to be organized and have representation equal to the developers. Ms. Deborah Belzer, 357 Bridgecreek Blvd., said she is concerned about the heavy traffic from Maguire Road and what the traffic would be with added vehicles from an apartment complex also coming into their entrance. II Ocoee City Commission Regular Meeting July 21,1998 Mr. Gary Comstock, 524 Golden Moss, said he was told that the apartment complex would be small and accommodate 64 families primarily for the elderly. Mr. John M. George, 474 Farm Meadow Loop, listed the items already covered in the discussion, and said he was particularly concerned about child safety going to school and thought the apartments also will be a security problem. Ms. Carol Comstock, 524 Golden Moss Loop, supported Doug Smith's proposal on the gate relocation, and would also like to see a brick rather than stucco wall, due to the maintenance and appearance. Mr. Jeff Polashak, 554 Bridgecreek Blvd., and Mr. Shane Newberg, 260 Bridgecreek Blvd., both agreed with prior speakers. Ms. Cyndi Zavodny, 2397 Cliffdale St., said that the homeowners pay a maintenance fee for the upkeep of the entrance to the subdivision and she did not realize when the apartments would be built that they would share this same entrance. She also thought the square footage of the garage space might be better used as living space. Ms. Martha Lopez-Anderson, 2438 Alclobe Circle, said she does not live in Cross Creek but thought this might set a precedent for the future use of land in the City, and does not think multi- family units have a positive impact on a community. The public hearing was closed. Mayor Vandergrift asked for closing comments from the developer. Mr. Clark said he would not repeat information he had already presented but he pointed out that the Commission had approved the concept years ago and the apartment complex will be built; however they needed some concessions. He expressed sympathy for the homeowners who were not informed about the zoning and pending development, however, he said the Drs. Ferdinand were not the people who misinformed the home-buyers, and they have documented the development plans since the inception. He said they have paid for the use of the entry and intend to use it, and asked the Commission to approve the amendments. Commission Howell asked what the citizens thought would be built there. Doug Smith said he asked what was planned for the community when he bought his home and was told they had no idea. Commissioner Anderson said that the Ferdinand's planned this very well, they sold the land to another developer, who developed the single-family homes first, then developed the multi-family later. Conversely done, it would not have been as profitable. He also said that the setbacks should remain to provide sunshine for the trees. He expressed concern about exhaust fumes from the garage going into the apartments in the carriage house units, and asked if that had been considered. Mayor Vandergrift suggested that carbon monoxide detectors be installed. Commissioner Anderson raised the question concerning police protection on the private roads. 12 Ocoee City Commission Regular Meeting July 21, 1998 Mr. Shapiro said Commissioner Glass had asked the City to look into an agreement with the homeowners association giving police powers to the City over the private roads. Commissioner Anderson wanted to know if the retention ponds on the land use plan could be moved. Mr. Daly replied that the ponds on the Preliminary Site Plan are the ponds they intend to construct. Commissioner Glass commented that he would like to have been here a dozen years ago to speak against the original plan. He said this is not a bad project but there are some things that need some work, such as inadequate recreation facilities and the gating problem. He proposed continuing the public hearing for a few weeks to give the developer an opportunity to work out the gating problem. Mr. Daly and Mr. Clark said that they could reach a solution to the gating problem if they could caucus with the developers during a recess. Commissioner Parker said that there was not much left to comment on that has not already been said, but she did not like the lack of communication between the salespeople and the developer and thinks there is a lack of integrity when all of the facts are not revealed. She said if the developers were honest with people they would not have situations such as this, and they would make more money. Mayor Vandergrift, speaking as a member of the real estate industry, applauded Commissioner Parker for her comments about integrity. He asked for fountains in the complex and said he also thought they needed more recreational facilities in the apartment complex. He noted that, during the many meetings, he had observed the developer try to meet the issues raised by the homeowners and he called a recess to give the representatives and developers an opportunity to confer regarding the gating issue. Recess 11:22-11:40 p.m. Mr. Clark said, after discussion with the City Engineer and the home owners, they had no objection to moving the apartment entrance 50 feet toward the west to accommodate the gate entry, subject to the proper engineering. Commissioner Glass asked Whitt Blanton to comment on the feasibility of the changes discussed during the break. Mr. Blanton said he had looked at the concept and if there was a minimum of 200 feet between Maguire Road and a gate it would not cause any traffic operations problems, but serious consideration should be given to the fact that this may jeopardize ever having a traffic signal. From an operational standpoint it would be acceptable to have no signal. He said at this time a signal is not warranted there. Mr. Daly also added that they have decided to use brick instead of stucco on the exterior surrounding walls. 13 Ocoee City Commission Regular Meeting July 21, 1998 City Attorney Rosenthal clarified for the record that the proposal now accepted by the developers to propose to the Commission was the concept from the drawing submitted by Doug Smith now labeled drawing No.1. (See Exhibit A attached to these minutes.) Commissioner Howell expressed appreciation to the people who have made an effort to accommodate the home owners and citizens. Commissioner Glass. seconded by Commissioner Howell. moved to approve the Preliminary Site Plan for the Esplanade @ Plantation Grove Case No. 97-003 as date stamped received by the City on June 9. 1998 subject to City Commission approval of Ordinance No. 98-14 and approval of the application to vacate the road right-of-way for the old alignment of Moore Road under agenda item 6.E and subject to the additional items. (1) bricking of wall facing Maguire Road. (2) relocation. subject to final engineering approval. of the entrance off of Bridge Creek Blvd. 50 feet (more or less) to the west. toward Maguire Road. to accommodate gating as proposed in (residents proposal) exhibit #1. with the last two additions to be incorporated as notes into the Preliminary Site Plan and that the Final Site Plan be consistent with those notes. Motion carried 5-0. ORDINANCE No. 98-14 PLANTATION GROVE PUD LAND USE PLAN AMENDMENT. City Attorney Rosenthal read this Ordinance by title only, and announced that in the prior public hearing relating to the Preliminary Site Plan, all of the items and comments in that public hearing are incorporated and made a part of the second public hearing on this Ordinance No. 98-14; also, his memorandum dated July 21, 1998, includes a revised version of Ordinance No. 98-14 which shows changes the planning department has recommended to incorporate either as an amendment or into the initial motion. He said that the developer had asked for clarification on "retail commercial" and "commercial" land uses under PUD and he asked Mr. Wagner to address this. Mr. Wagner said that, on the existing portion of the development (Shopping Center), they had responded to requests concerning types of uses permitted in the commercial area that community commercial (C-2) was the appropriate guideline for uses, as general commercial is more appropriate for along the highway. Service stations are permitted as a special exception in C-2, generally approved subject to certain landscaping, signage, etc. restrictions. Staff has recommended that Commission formally adopt C-2 as the guideline for all the rest of the commercial development in that subdivision. The public hearing was opened. Mr. Scott Clark said that, although this has nothing to do with the apartment complex, he objected to the inclusion of the C-2 as recommended by Staff, as they have a contract for a use that was permitted in 1992 and a vested rights certificate, but now there is a Code change that requires them to go through the special exception process. He said he could not consent to the change because he was bound by the contract he had already signed, and he had an obligation not to put that use in jeopardy by bringing this before the Commission, giving them an opportunity to say no to the permit. He also expressed concern with the wording in building size and proposed 14 Ocoee City Commission Regular Meeting July 21, 1998 they put area or number of feet; i.e., 75 feet from single family homes. Mr. Wagner suggested using numbers more like 100 -150 feet. Mr. Rosenthal said this is a technical legal point that leads to bring this before the Commission in the PUD, "theoretically, once you approve this PUD amendment, the developer could make a decision not to go forward with the plan you just approved and some day come back to the City Commission with another plan. I guess, to the extent you use a number of feet, whatever that number of feet is, if there was another day and another plan they could back off that number of feet and, at least in my view, be legally entitled to put up three story buildings even though there would be no intervening structures. So as long as they go forward with this particular plan there is no ambiguity because you have just approved it and everybody knows what we're talking about and if there is an interpretation issue I think it will only come up if a day comes when there isn't this plan but another plan, and I believe that this makes it clear that it's whatever that first row of apartments are, kind of, no matter what the distance is." Mr. Clark said that, having that discussion spread upon the record, he would drop his request. As no one in the audience wished to speak, the public hearing was closed. Mr. Rosenthal clarified his position regarding the definition of retail and retail commercial, he said, "From a staff standpoint we have not viewed this as a vested rights issue; we have viewed it as there is an original approval for commercial and commercial retail within this development which does not have a definition and is a question of what is that definition. Prior to these proceedings that interpretation, a number of years ago, has been made by City Staff. The City proceeded with an advertised public hearing on a special exception for a gas station in this specific PUD, did not receive any objection from the developer at that time (before tonight did not own the property because they had sold it) that this was an improper interpretation, so we believe it to be consistent with the original approval of the plan and therefore unaffected by vested rights issues. Tonight's hearing provides an opportunity to avoid having to discuss this at a later date and avoid the prospect of an adversarial proceeding should you reach a decision the developer disagrees with." He added that if the issue of the definition of commercial and commercial retail and whether or not the particular application of that requires a special exception procedure for a gas station is put in now that would accomplish that; if not, it may have to be dealt with another day. After collaboration with City Attorney Rosenthal, Commissioner Glass. seconded by Commissioner Howell. moved to adopt Ordinance No. 98-14 with the revisions as set forth in the draft of the ordinance attached in the City Attorney's memorandum to the City Commission of July 21. 1998. and further authorize the Mayor and City Clerk to execute an amendment to the existing developer agreements for Plantation Grove PUD which incorporate the revised conditions of approval set forth in Ordinance No. 98-14. and with direction that the PUD Land Use Plan attached to the Ordinance be revised to be consistent with additional conditions of approval of Ordinance No. 98-14. Motion carried 5-0. 15 Ocoee City Commission Regular Meeting July 21, 1998 RESOLUTION No. 98-08, ABANDONMENTN ACATION OF OLD MOORE ROAD RIGHT-OF-WAY. Mr. Rosenthal read the Resolution by title only. Mr. Wagner gave a brief description and noted there was a revised legal description attached to the original. He stated that this is a requirement of the PUD the developer must fulfill. The public hearing was opened and, as no one wished to speak, was closed. Commissioner Howell. seconded by Commissioner Parker. moved to adopt Resolution No. 98- 08 with the revised legal description as set forth in Mr. Lewis's memorandum of July 21. 1998 to the City Commission. Motion carried 5-0. OTHER BUSINESS First reading Ordinance No. 98-15, Manheim remarketing Limited Partnership Rezoning, Case No. R-98-04-03. Mr. Rosenthal read the Ordinance by title only. Mayor Vandergrift announced the second reading and public hearing would be August 4, 1998 at 7: 15 p.m. ORDINANCE No. 98-16, L.F. AND MARY ELLEN ROPER PARTNERSHIP REZONING, CASE No. R-98-04-04. Mr. Rosenthal read the Ordinance by title only. Mayor Vandergrift announced the second reading and public hearing would be August 4, 1998 at 7: 15 p.m. DISCUSSION/ACTION RE: REPORT ON TRAFFIC SIGNAL AT MAGUlRE/ROBERSON ROADS. Mavor Vandergrift. seconded by Commissioner Glass. moved to accept Staff recommendation to begin work on advancing the construction of this signal. Motion carried 5-0. BUDGET SET PROPOSED MILLAGE RATE Finance Director Horton reported that the tentative millage rate for fiscal year 1998-99 must be submitted to the Property Appraiser by August 3, 1998 and she gave the following statistics to assist in the decision: Property value increase over last year - $69,303,073; One mill generates $820,529; the rolled-back rate is 3.931 mills and the current rate is 4 mills. Mayor Vandergrift. seconded by Commissioner Anderson moved to roll back the mill rate. Mr. Shapiro said the Commission requests providing more services, studies, playgrounds, and adding public safety vehicles, and more people. He said the rolled-back might work now but would end up being a great deal of money in several years if this becomes the process that the Commission uses. The average resident pays $6 a year now and does not seem to mind. Mr. Rosenthal said that the request before them deals with the information to be forwarded to the property appraiser which will then go on the notices mailed to the property owners. If the mill rate is rolled back it cannot be raised without a long process, but it can always be lowered at a later date. A discussion ensued on the process of setting the mill rate. Commissioner Glass said he would vote against the motion because of the good things that have been happening in the City. Commissioner Parker agreed with Commissioner Glass. Commissioner Howell decided 16 Ocoee City Commission Regular Meeting July 21, 1998 to go with the 4 mills now and wait till the budget hearings for his final decision. Commissioner Anderson will vote for the rollback. Mayor Vandergrift explained the rollback and said it was a tax increase to maintain the same millage rate. Motion failed 2-3. Commissioners Howell. Parker. and Glass voted no. Commissioner Glass. seconded by Commissioner Parker. moved to accept staff recommendation to set the 4.00 tentative mill rate. Motion carried 3-2 with Commissioner Anderson and Mayor Vandergrift voting no. SET DATES FOR BUDGET WORK SESSIONS AND PUBLIC HEARINGS Staff proposed setting budget workshop dates on Monday, August 17; Wednesday, August 19; and Monday, August 24; the public hearings for tentative budget for Wednesday, September 9 and the final budget Wednesday, September 23, all at 7:00 p.m. Commissioner Anderson asked for some consideration to hold the meetings on nights other than Wednesday night due to his prior commitment on that night. As the calendar was very full, it was finally agreed to meet on the proposed dates but later on the Wednesday, August 19 date. Commissioner Glass proposed beginning the public hearing September 9 at 7:00 p.m. and holding off on any action until 8:00 p.m. to give Commissioner Anderson an opportunity to come in late. Commissioner Glass. seconded by Commissioner Parker. moved to set dates as proposed by staff with a revision to the time of the workshop August 19. 1998. to start at 8:30 p.m. Motion carried 5-0. Commission Anderson. seconded by Commissioner Howell. moved to table all other items on the agenda to be considered at the next meeting. Motion carried 5-0. DISCUSSION/ACTION RE: MELVA STREET CLOSING. - pulled earlier in the meeting. ApPOINTMENTS TO BOARDS, EDUCATION COMMISSION AND CITIZEN ADVISORY COUNCIL FOR OCOEE POLICE DEPARTMENT. - Deferred to August 4, 1998. WEST ORANGE CHAMBER GOLF CHALLENGE. - Deferred to August 4, 1998. COMMENTS FROM COMMISSIONERS There were no comments at this time. ADJOURNMENT The meeting was adjourned at 12:45 a.m. Attest: APPROVED: ~ty~fOcoee d I) ~~;~ S. Scott Vandergrift, Mayor 17 EXHIBIT 1 to CITY COMMISSION MINUTES for JULY 21, 1998 eRe,ss (=RE:~ FESiDEN is ~,..,or" "'r- \ I ~~ 'f-'(2).-l .~, . , \ MAGUIRE RD. 58.50 j REVISE!) ,::.p ,t.RT~AE'H ENTRANCE ~, E~~TRY GA TE I V I I ! I I i i l I I I '\ ir-;--" /l: , I \ I ,,! i \f I ~ I ' "-----" n . I ! I CROSS CRE~:{ I I I I I I i I , I I i "BRIDGE" EXI~ 2: GRADE EXIT GA TE ''', \. \ \ WICKDALE CCURT ~.