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HomeMy WebLinkAboutItem III (A) - Acceptance & Approval of Minutes of Regualr Commission Meeting of June 18, 1991 and JOint Commission/LPA Meeting June 18, 1991 AGENDA 7-02-91 O (p� n 2 n Item III A IUnL�I LIf�l11 f�Jr - 1 MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD JUNE 18, 1991 The regular meeting of the Ocoee Board of City Commissioners was called to order by Mayor Pro Tem Johnson at 7:30 p.m. in the commission chambers. Commissioner Woodson led in the prayer and pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Pro Tem Johnson, Commissioners Foster and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal, City Engineer/Utilities Director Shira, Planning Director Behrens, Director of Administrative Services Beamer, Building Official Flippen, and City Clerk Grafton. ABSENT: Mayor Dabbs (out of town) and Commissioner Combs (ill) PRESENTATIONS AND PROCLAMATIONS Mrs. Mary Anne Swickerath, representing the Citizen Recognition Committee, spoke briefly, but in glowing terms, about the scholastic accomplishments of the two valedictorians of West Orange High School, Deron Berwager and Thornton Eastham. Mayor Pro Tem Johnson presented each of the young men a plaque for outstanding scholastic achievement. Mayor Pro Tem Johnson read a Proclamation in support of the Florida Freedom Festival July 4. Recreation Director Jim Beech presented a plaque to the City of Ocoee for backing the Big Orange Games for physically impaired students. CONSENT AGENDA The proposed consent agenda consists of items A, B, C, D, E, F, G, and H. City Attorney Rosenthal pulled item E. Approval and Authorization to Execute amendment to DeveloperAgreement with Silver Ark Limitedt_ Inc._ (Clark Road) until the next meeting, saying that there may be additional right-of-way needed. Commissioner Woodson asked that item C be explained as he had observed that the deck was in place already and granting an easement after the fact did not appear to be the proper order. City Manager Shapiro explained that the concrete deck had been placed over the easement and that the City has required that it be replaced with a wooden deck in order to provide a more reasonable access when/if needed by utility crews. City Engineer Shira explained that there were a half-dozen easements behind the building and the original plat showed two distinct easements located on the plat. When the building was actually constructed the location of the lines did not fall within the easements and so they have been required to resurvey. A. Approval and Acceptance of Commission Regular Meeting Minutes of June 4,.__1991_ B. Approval and Acceptance of Temporary_ Assignment of Wastewater Capacity and Potable Water Connections from RCA to Hawthorne Properties, Ltd. C. Approval and AuthorizationtoExecute Good _Homes Plaza-Utility Easement Agreement D. Approval and Authorizat ion to ExecuteAgreement Regarding_ClarkRoad with Methodist Church District Board of Missions and Church Extension of Orlando Districts Inc._ ---- ---- --- F._Approyal__and Authorization to Execute Developer Agreement for Sewer Service with First Equity Development GroupL_ Inc_ (Lake Lilly) Page 2 Ocoee City Commission Regular Meeting June 18, 1991 G^Approval and Authorization to Execute Develop!r Agreement for Water Service with First Equity Development Group, Inc. (Lake Lilly) H. Approval of Staff Recommendation Awarding contract for Construction of South Water Plant Commissioner Foster, seconded by Commissioner Woodson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. COMMENTS FROM CITIZENS/PUBLIC Mr. Buford Blizzard spoke against the chain link fence at Wal-Mart and City Manager Shapiro explained that it is temporary while the store is being enlarged. SECOND READINGS AND PUBLIC HEARINGS OF ORDINANCES Ordinance No. 91-15, Case No. 1-4AR-91:Grimes, "annexing into the corporate limits of the City of Ocoee, Florida, certain real property located 230' north of the northwest corner of Maguire and Roberson Roads, as petitioned by the property owners; providing for and authorizing the updating of official City maps; providing direction to the City Clerk; providing for severability; providing for an effective date." was presented by title only for the second reading and public hearing. City Planning Director Behrens explained that this is a correction to the annexation and rezoning cycle last November that includes three-quarters of an acre of land that had been inadvertantly left out of a legal description. Mr. Mark Grimes distributed diagrams showing the site plan to Commission. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Woodson, seconded by Commissioner Foster, moved to enact Ordinance No. 91-15 annexing the property described in Case No. 1-4AR-91:Grimes. On roll call Commissioner Foster voted "aye," Commissioner Woodson "aye," and Mayor Pro Tem Johnson "aye." Motion carried. Ordinance No. 91-16, Case No. 1-4AR-91:Grimes, "changing the zoning classification from Orange County A-1, Agricultural to P-S, Professional Offices and Services District on certain real property located 230' north of the northwest corner of Maguire and Roberson Roads as petitioned by the property owners; providing for and authorizing the revision of the Official City Zoning Map; repealing inconsistent ordinances; providing severability; providing an effective date." was presented by title only for the second reading and public hearing. Mr. Mark Grimes explained that the developer plans to construct five two-story office buildings at this location. The public hearing was opened and, no one wishing to speak, was closed. Commissioner Foster, seconded by Commissioner Woodson, moved to enact Ordinance No. 91-16 rezoning to P-S, Professional Offices and Services District, the property described in Case No. 1-4AR-91:Grimes. On roll call Commissioner Foster voted "aye," Commissioner Woodson "aye," and Mayor Pro Tem Johnson "aye." Motion carried. Ordinance No. 91-17, Case No. 1-4AR-91:Grimes "relating to confinement of animals and fowl; repealing Section 4-31 of Article III of Chapter 4 of the Code of Ordinances of the City; adopting a new Section 4-31 of Article III of Chapter 4 of the Code of Ordinances which prohibits fowl within the City; providing for a caretaker for certain animals in confined area; Page 3 Ocoee City Commission Regular Meeting June 18, 1991 providing for special permits; providing for severability; providing an effective date." was presented by title only for the second reading and public hearing. City Manager Shapiro pointed out that in order to avoid conflicting rules an amendment should be made to this ordinance as presented as there is an existing ordinance permitting the keeping of fowl in A-i and A-2 zoning. The public hearing was opened. Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked for further clarification and Mr. Shapiro explained the need for this Ordinance. Mr. Grover Voss, 6648 Christina Marie Drive, Orlando, spoke in favor of the Ordinance. The public hearing was closed. Mayor Pro Tem Johnson, seconded by Commissioner Foster, moved to amend the proposed Ordinance No. 91-17 by inserting into Section 4-31 (a) the phrase Except as expressly authorized in A-1 and A- 2 zoning districts_ before "no person shall keep upon any property located within the City any chickens, turkeys or other fowl." Motion carried with unanimous vote in favor. Commissioner Woodson, seconded by Commissioner Foster, moved to enact Ordinance No. 91-17 as amended. On roll call Commissioner Foster voted "aye," Commissioner Woodson "aye," and Mayor Pro Tem Johnson "aye." Motion carried. OTHER BUSINESS Resolution No. 91-11, "authorizing the City of Ocoee to become a member of the Cooperative Agency of Municipal Planning; authorizing execution of that certain City of Apopka/Ocoee/Winter Garden/Windermere Joint Planning/Reserve Area Agreement; providing for severability; providing for an effective date." was presented by title only. City Manager Shapiro explained that this agreement provides that these cities mutually agree that where the planning of a particular area affects a neighboring city, that city will have an opportunity to talk about it. And also in areas of mutual planning concern the cities will all get together to work it out. Mayor Pro Tem Johnson asked for comments from the public and Mr. Mohnacky asked for more explanation. City Planning Director Behrens explained that the Comprehensive Plan laws call for communication between government entities regarding planning and this document provides a vehicle for that communication. There were no further questions/comments from the audience. Commissioner Foster, seconded by Commissioner Woodson, moved to adopt Resolution No. 91-11, the C.A.M.P. Agreement. Motion carried with unanimous vote in favor. First Reading of Ordinance - Second Reading and Public Hearing is Scheduled for July 2, 1991 Ordinance No. 91-19, "repealing Ordinance Number 89-47 which established a Fire Impact Fee; enacting a new Fire Impact Fee; adopting a fee schedule; providing for time of payment; providing definitions; providing for an annual review; providing for credits; providing for exemptions; providing for vested rights determintation; providing for a trust fund; providing for a penalty; providing for severability; providing an effective date." was presented by title for the first reading. Mayor Pro Tem Johnson announced that the second reading and public hearing will be July 2, 1991. Page 4 Ocoee City Commission Regular Meeting June 18, 1991 Replacement for John Linebarier - Resignation from P & Z Commission and Code Enforcement Board effective July 1, 1991 Mayor Pro Tem Johnson pulled this item from the agenda and asked that it be brought back before Commission on July 16, 1991. Commissioner Woodson requested that a letter of appreciation for Mr. Linebarier's fifteen years of service on the boards be sent. Clark Road Update - Presentation by PEC City Engineer Shira said that the estimate for the total construction cost of Clark Road was made last year with no experience and that it appears that the cost will be 10% less than anticipated. After distributing charts showing comparison of estimated engineering, construction, and right-of-way acquisition costs between the Engineering Report dated August 1990 and the Latest Cost Estimate dated May 1991, Mr. Bob Campbell, PEC, reported that the construction plans for Sections A, B, and C are being reviewed, that the three plans will be merged into one plan and ready to advertise for bids by June 28. The driveway, drainage connection, stormwater, and other permits are being reviewed by the appropriate agencies and are on schedule. Mr. Campbell went over the schedule for advertising and noted that the bid opening will be July 22. In reviewing the total anticipated cost for the project, Mr. Campbell said that the right-of-way acquisitions appear to be coming in at considerably less than estimated, causing the total cost of the project to be reduced by $680,000. City Attorney Rosenthal said that most of the appraisals are in on the rights-of-way, that there are several offers pending, and the actual total right-of-way cost may not be as high as estimated. The July 16 date for the consideration of eminent domain resolutions may be pushed into August because the appraisals have been late coming in, but this will not adversely affect the time schedule. STAFF REPORTS City Attorney Rosenthal advised that Maguire Road Corporation is suing and asked that Commissioners give the papers to City Clerk when they are served. COMMENTS FROM COMMISSIONERS Commissioner Woodson: 1) Asked if Bell South got a permit for the tower behind Scotty's and was advised that they got it a long time ago. 2) Said that the trailer courts need to be cleaned up and that skirts should be required. 3) Advised that "Doc." Ed Pounds wishes to have his water service changed over to the new line. 4) Reported the railroad crossings are bad again. 5) Reported that some Robert's Rise residents are pushing grass clippings into the sewer drain. 6) Announced that a World War II Memorial Fund Raiser (dance/BBQ) will be held on July 19 in the Community Center. 7) Reported that he has received a letter regarding enclaves and City Manager Shapiro explained. Page 5 Ocoee City Commission Regular Meeting June 18, 1991 Commissioner Foster: 1) Noted that everything ran smoothly in the Mayor's absence. 2) Asked who is Mayor Pro Tem Tem when Mayor and Mayor Pro Tem are away. 3) Commended Staff and PEC for reduced price on Clark Road. Mayor Pro Tem Johnson said he has had a bad day. ADJOURNMENT Meeting adjourned at 8:40 p.m. APPROVED: Attest: Lester Dabbs, Jr. , Mayor Jean Grafton, City Clerk AGENDA 7-02-91 • Item III A MINUTES OF THE JOINT WORKSHOP OF THE CITY COMMISSION AND THE PLANNING AND ZONING COMMISSION HELD ON TUESDAY, JUNE 18, 1991 ,;„ r= ^c � CALL TO ORDER: 5:40 p.m. PRESENT: Mayor Pro Tem Johnson; City Commissioners Foster and Woodson; Planning and Zoning Commission Chairman Sims; Planning and Zoning Commission members Swickerath, Weeks, Switzer, Linebarier, and Bond; City Manager Shapiro; City Attorney Paul Rosenthal; Administrative Services Director Beamer, Director of Planning Behrens, Consultant Jim LaRue, Consultant York Phillips, Ken Hooper of Professional Engineering Consultants, City Clerk Grafton, and Deputy Clerk Resnik. ABSENT: Mayor Dabbs and City Commissioner Vern Combs; Planning and Zoning Commission Vice Chairman Shiver; and Planning and Zoning Commission alternate members Carroll and Rhodus. Mayor Pro Tem Johnson asked for a roll call of both the City Commission and the Planning and Zoning Commission. Those in attendance included City Commissioners Foster and Woodson and Planning and Zoning Commission members Linebarier, Switzer, Bond, Weeks, Swickerath, and Sims. Mayor Pro Tem Johnson then turned the meeting over to Administrative Services Director Beamer who explained that the workshop had been called in order for staff and the various consultants who have been working on the Comprehensive Plan, to bring the Boards up to date on the status of the Plan and to get input as to how to proceed on certain issues. Administrative Services Director Beamer explained that the "ORC" Report contained the Objections, Recommendations, and Comments from the State on the City's Comprehensive Plan that was submitted to the State for review back in December. Director of Planning Behrens reminded both Boards that the City had several hearings last fall and formally approved the Comprehensive Plan and forwarded it to the State on December 28. Director Behrens said the City received a 57-page report (ORC Report) back from the State and that staff and the consultants were now in the process of reviewing that report and formulating responses. He said the City will again have to hold hearings and formally adopt the Comp Plan with changes before it is resubmitted to the State. ukeirr Bea rd Page 2 Joint Workshop (City Commission/Planning and Zoning Commission) June 18, 1991 Administrative Services Director Beamer said staff and the consultants wanted to hear from both the City Commission and the Local Planning Agency (Planning and Zoning Commission) to get a consensus on several issues before they meet with the State to make sure they are headed in the right direction insofar as answering the concerns addressed in the report. Director Beamer said the City will then go through hearings again and adopt the Plan and then the State will either find it in compliance or not in compliance. City Attorney Rosenthal explained that this was a Workshop and not a public hearing. He said the City Commission would hold a public hearing to formally vote on changes to the Plan in the near future and that this meeting was to get a general consensus from the City Commission and Local Planning Agency. Director of Planning Behrens said staff felt that the State's response (ORC Report) was mild and that the City should not have any major problems complying with what was in the ORC Report. Administrative Services Director Beamer said staff and the consultants had outlined the major areas of concern for the Boards to review. She said none of the proposed responses would change the direction of the Plan but that they would add some wording. Director Beamer said staff wanted to make sure they were following in the direction that the City Commission and Local Planning Agency wanted. Administrative Services Director Beamer said one of the State's comments was that the City did not integrate funding with the needs expressed in the Capital Improvements Element. She said in response to the funding comments, the City has updated the Police Impact Fee and is currently working on updating the Fire, Recreation, and Road Impact Fees. She said a stormwater utility fee would also be charged beginning in October and that staff would be presenting this to the City Commission for a proposed October implementation. Director Beamer also said the City was looking towards developing an Interim Services Fee to be charged to property owners before the improved land is actually taxed. She said with all these items in place the State should feel confident that Ocoee's Plan is financially feasible. Administrative Services Director Beamer said the City had also contracted with Professional Engineering Services to provide a computer generated Land Use Map rather than hand-coloring a map as staff has had to do in the past. She said this way copies of the map could be generated as needed and it more clearly delineated the L ORA FT Ned Page 3 Joint Workshop (City Commission and Planning and Zoning Commission) June 18, 1991 land uses. Director Beamer said this way too, the map could be printed out so that overlays would show not only future land use, but existing land use, water and sewer lines, and so on. Administrative Services Director Beamer said there were only a few changes made to the Future Land Use Map that was submitted to the State back in December versus the one that was being shown to the Boards tonight. She said the property at the northeast corner of Bluford Avenue and Silver Star Road was changed from a residential to a commercial designation since it now was the site of a convenience store. Director Beamer said the new map also shows wetlands areas since this was something the State had requested. Lastly, Director Beamer said some of the more major intersections within the City, including the intersection of Clark and Silver Star Roads, would be highlighted to show that the City would be adopting a new policy whereby intensity of uses would be considered. Director of Planning Behrens then read the proposed wording for that new policy which said that the Land Development Regulations shall include standards to regulate the uses of property where there would be an increased automobile flow as a result. Director Behrens said this would include such uses as gasoline stations, convenience stores with gasoline sales, fast food establishments with drive-through facilities, and so on. He said the regulations would include specific provisions for the number of these types of facilities allowed at such an intersection as well as buffering requirements and limitations on access points. Director Behrens said staff had developed this policy in an effort to prevent all four corners of an intersection from being developed with gasoline stations or fast food establishments where the traffic problems created would be overwhelming. Mayor Pro Tem Johnson asked what would happen to the southeast corner which is currently in the County. Director of Planning Behrens said it is currently zoned for multi-family in the County so that would not allow for any of the uses that he was alluding to. City Attorney Rosenthal said that the property owner would most likely have to annex into the City to be able to get services (utilities, etc. ) and then the City would be able to have the control to enforce the policy. Administrative Services Director Beamer said that all other changes to the map were done to clarify boundaries. She said that the map represents future land use projected for the next 20 years. Administrative Services Director Beamer talked about the Traffic Circulation Element first. She said the main problem was that the State has Ocoee classified as an "urban" versus an "urbanized" area. Director of Planning Behrens said the difference between an URA Fat Page 4 Joint Workshop (City Commission and Planning and Zoning Commission) June 18, 1991 "urbanized" area (the Orlando area, for example) and an "urban" area is that the State mandates different Level of Service criteria. In this case, a Level of Service "D" can be used by the Orlando area for roads but Ocoee, being an "urban" area, has to use a Level of Service "C". Director Behrens said the City is in the process of trying to rectify this but that the process to change the designation takes about six (6) months to one year. Director Behrens said the City is making application for the change in designation to the East Central Florida Regional Planning Council. Planning and Zoning Commission member Linebarier asked why the City would want to get a designation that would allow for a lower Level of Service. Director of Planning Behrens said with a Level of Service "D" the City would not have to be so concerned with having to go to a moratorium since State Road 50 is already at a Level of Service "C" and may reach a Level "D" even without the City doing any additional building along the roadway since the designation takes into extent the impact that other communities' growth has on the roadway as well. Director Behrens said with the Level of Service "D", the City has a better chance to approve some growth along that roadway and not have to suffer the consequences of having to go to a moratorium because of the impact that the growth of nearby communities has on the roadway going through Ocoee. Ken Hooper of Professional Engineering Consultants (PEC) also said the City would be in a position to get more funding from the State with the "urbanized" designation. He said the City could use the money to do needed intersection improvements, access roads, etc. Mr. Hooper said the reason it would be favorable for the City to go to a Level of Service "D" is because that is truly what it should be for Ocoee but neither the State nor the County has ever gone through the process to change the designation. He said a lower Level of Service would also make the State look for more alternative routes for the traffic which would benefit the City. Lastly, Mr. Hooper said it would solve the problem of the City not having to go to a moratorium right away. Administrative Services Director Beamer said the City will be both meeting the "urban" standards in filing the Comprehensive Plan with the State and applying for the "urbanized" classification. She said the City has two years to get reclassified without having to worry about moratoriums, etc. She also reminded the Boards that Level of Service "D" had been submitted originally. Administrative Services Director Beamer then asked Consultant Jim LaRue to discuss the issue of Buffer Zones. Mr. LaRue said buffers were required to protect residential areas that were adjacent to non-residential areas. The State commented that Ocoee's Comp Plan .1 RAFT Sact to Boni,: Page 5 Joint Workshop (City Commission and Planning and Zoning Commission) June 18, 1991 did not address buffers specifically enough. Mr. LaRue said the City in response had devised buffers according to the intensity of use next to the residential in question. He said the City already has some buffers spelled out in the Land Development Regulations (PUD ordinance, subdivision ordinance) but devised these additional buffers to satisfy the State requirements. Administrative Services Director Beamer said the final area she wanted to cover was Infrastructure. Director Beamer said many of the comments from the State pointed out that the Plan had some inconsistencies that were technical in nature. Ken Hooper said that the first area, Drainage, was the most difficult to set the Level of Service for. Mr. Hooper said the City does not currently have a Master Drainage Plan to work from and therefore, can not establish Levels of Service at this time. He said the staff recommends adopting the State standard until the City can complete the stormwater study; then in six months to a year from now the City will be able to adopt more specific Levels of Service. Mr. Hooper said by adopting the State standards, the City can at least satisfy the comment made by the State. Mr. Hooper then addressed the issue of septic tanks. He said the State said the City should try to regulate septic tanks to keep them away from any wetland areas and water bodies and make sure they are not installed below the 100 year flood elevation. Mr. Hooper said the City also would use the State standards for this issue as set by the Health Department to satisfy the State's comments. He said by using the State standards, it takes the burden off of the City and places it on the State. Consultant York Phillips then discussed the Open Space and Recreation issues. Mr. Phillips said the State has said there needs to be a minimum of five (5) percent of open space in each development. He said this is a relatively low figure and that many of the City's current regulations far surpass this requirement but that staff and the consultants did not want to put a larger figure in the Comp Plan, especially considering it would address not only subdivisions but also small commercial projects. Mr. Phillips also said staff recommended that in the definition of "Open Space", the City take out the sentence that said it did not include space on the individual lots. He said it is easier to be more specific or enact more stringent requirements in the Land Development Regulations than to try to incorporate everything in the Comp Plan. /ajAAkilair !;Y--, .:.*-.c+ to Board Page 6 Joint Workshop (City Commission and Planning and Zoning Commission) June 18, 1991 Administrative Services Director Beamer said there was one last item, Right-of-Way Requirements, that staff felt could be lowered to 130 feet rather than the 150 feet. She said if the City needed to negotiate on the lower figure, it could go from there but that staff and the consultants felt that 130 feet would be more than adequate for anything the City would require. Administrative Services Director Beamer asked if either the City Commissioners or the Local Planning Agency members had any questions, comments, or concerns on any of the issues they had heard about tonight. Planning and Zoning Commission member Swickerath asked if the right-of-way figures included building setbacks and staff and the consultants said they do not. Commission member Swickerath asked how they anticipated handling a situation where the City would need to widen a roadway and the widening would result in needing more right-of-way and therefore reducing existing front yards along that roadway. He wanted to know how the City's response to the right-of-way issue would address this particular problem. City Attorney Rosenthal said the current City Code addresses roadway widths. Ken Hooper said the standards for the various classifications of roadways will stay pretty much the same as they are now. Administrative Services Director Beamer said the level of specificity in the Comp Plan should really only be the minimum that the State requires and that it is easier to elaborate on these minimums in the Land Development Regulations than having to do Comp Plan Amendments which can only be done two times a year. City Commissioner Woodson said he noticed that a lot of the Plan's timeframes had changed from five (5) years to one (1) year for implementation and he wanted to make sure the City was not overextending itself. Director of Planning Behrens said that the timeframes were all to satisfy State requirements and that these timeframes would not cause the City any problems. Administrative Services Director Beamer said staff was looking for direction from both Boards as to whether they should proceed along the lines as they have recommended tonight or whether the Boards would like to make any changes to these recommendations. City Attorney Rosenthal reminded the Boards that because this was a Workshop, no formal action could be taken. He suggested that the Board members speak up if they had a problem with any of the issues and recommendations discussed tonight and if not, then staff could proceed with the recommendations that they had outlined. Planning and Zoning Commission Chairman Sims asked what other cities' Comp Plans included as far as buffer zones were concerned and Jim LaRue said that most municipalities have been going with DRAFT „ ,t to Bo r- Page 7 Joint Workshop (City Commission and Planning and Zoning Commission) June 18, 1991 the minimums set by the State. He said the Department of Community Affairs had seen this used a lot and for that reason it was a safe way of ensuring compliance or at least a point from which to start with when the City meets with the State to discuss this issue. Planning and Zoning Commission member Linebarier questioned the five (5) percent Open Space standard as a minimum from which the City would negotiate with the State if it had to. When asked for an opinion on this issue, all of the Planning and Zoning members with the exception of Mr. Linebarier said they would recommend the 5 percent as a starting point from which to negotiate if need be with the State. Mayor Pro Tem Johnson and Commission members Foster and Woodson also agreed with staff's recommendation of 5 percent. Planning and Zoning Commission member Linebarier said he was worried it would be reduced in later years if allowed to start out at that figure. There being no further comments on any of the items discussed, the meeting was adjourned. ADJOURNMENT: 7: 10 p.m. RUSTY JOHNSON, MAYOR PRO TEM ATTEST: DEPUTY CLERK RESNIK