HomeMy WebLinkAbout01-09-2018 Minutes Mayor Commissioners
Rusty Johnson John Grogan, District 1
City Manager ` Rosemary Wilsen, District 2
Richard Firstner, District 3
Robert Frank o c o e e Joel F. Keller, District 4
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
January 9, 2018
CALL TO ORDER - 7:00 pm
A. Invocation and Pledge of Allegiance
B. Roll Call and Determination of Quorum
Present: Chairman McKey, Vice-Chairman Keethler, Member Evans, Member
Frommer, Member Henderson, Member Richemond, Member Sills and
Member Wunderlich. Also present were City Planner Rumer, Planner 1
Jones, Assistant City Attorney Crosby-Collier and Recording Clerk Heard.
Absent: N/A
I. CONSENT AGENDA
A. Minutes of the Planning and Zoning Commission Meeting held on October 10,
2017.
(7:03 pm)
Motion for Approval of the Consent Agenda: Moved by Member Sills, Seconded by
Member Wunderlich; Motion carried unanimously.
II. OLD BUSINESS — None
Planning and Zoning Commission Meeting
January 9,2018
III. NEW BUSINESS (7:03 pm)
A. Crawford Annexation & Rezoning for 212 1st Street; Project No(s): AX-10-17-
65 & RZ-17-10-06 — Public Hearing
Planner I Jones
Planner Jones presented a brief overview of the Crawford property at 212 1st Street
located on the southwest side of 1st Street and approximately 1,000 feet south of Silver
Star Road with a total of +/- 1.20 acres. The Parcel Identification Number is 17-22-28-
0000-00-087. This parcel is currently zoned Orange County/Low Density Residential
with a proposed zoning of City of Ocoee/Low Density Residential (R-1). The owners
wish to obtain water service from the City, which will be available at the front of the
property.
Discussion:
Chairman McKey asked whether 1st Street is a private road; and, if so, will the City
assume any liability or maintenance of this road to which Planner Jones indicated it is
a private road, and the City does not provide maintenance to private roads. Member
Keethler inquired if the City has to tear up the street to bring in the utilities. Planner
Jones said he spoke with the city engineer who indicated there is a current waterline on
the east and west sides, but this parcel will be connected to the west side waterline and
neither the road nor parcel will be disturbed. City Planner Rumer explained three
homes on this street have already been annexed in due to well issues.
Member Keethler asked if this property has any code enforcement issues. Planner
Jones said he has spoken with the homeowners, and they have met all City
requirements for their R-1 zoning; and further, the City has no issues with their current
ongoing construction. Member Keethler asked if the City will have an opportunity to
send a City inspector at some point to make sure it is up to code. City Planner Rumer
said the City could, but it does not. He further explained the City and Orange County
Building Departments have a good relationship to which they know what inspections are
taking place; however, the City retains the final adopted annexation ordinance until they
receive the Certificate of Occupancy from Orange County.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On December 8, 2017, the DRC met to determine if the proposed annexation was consistent
with the City's regulations and policies. When the discussion was finished, the DRC voted
unanimously to recommend approval of the annexation for David & Elizabeth Crawfords'
property.
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Commission, acting as the Local Planning
Agency, recommend approval of the Annexation of the +1- 1.20 acres parcel of land known as
Crawford parcel.
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Planning and Zoning Commission Meeting
January 9,2018
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed project. As no one wished to speak, the public
hearing was closed.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Crawford
Annexation — 212 1st Street; Project No: AX-10-17-65, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Frommer, Seconded by Member Sills; motion passed unanimously 8-0.
Planner Jones indicated the zoning will not be changing as this parcel is currently R-1
zoned with Orange County.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed project. As no one wished to speak, the public
hearing was closed.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Crawford
Rezoning — 212 1st Street; Project No: RZ-17-10-06, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Member
Keethler, Seconded by Member Evans; motion passed unanimously 8-0.
(7:15 pm)
B. Capital Improvements Element (CIE) — Amendment Addition of the Fiscal
Years 2017/2018 — 2021/2022 Capital Improvements Program - Public Hearing
City Planner Rumer
City Planner Rumer presented a presentation proposing the adoption of a five-year
(Fiscal Years 2018 - 2022) Capital Improvement Program (Exhibit A) into the City's CIE
of the Comprehensive Plan. He indicated this Capital Improvement Program (Exhibit A)
was recently adopted by the City at their budget hearing last year (2017). Municipal and
county governments adopt Capital Improvement Programs yearly as part of their regular
course of action in which it enables them to plan for future projects five (5) years out
with the funding they require. He explained that Exhibit A lists City projects requiring
funding over $4,000 for anticipated buildings, road capacity and operations, utilities,
parks and recreation and infrastructure. Staff recommends that this Board recommend
to the City Commission adopting an ordinance amending the Capital Improvements
Element of the City of Ocoee Comprehensive Plan that includes the addition of the
Fiscal Years 2017/2018 — 2021/2022 Capital Improvements Program.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
This Item does not go before the DRC.
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Planning and Zoning Commission Meeting
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STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Commission, acting as the Local Planning
Agency (LPA), recommend adopting an Ordinance amending the Capital Improvements
Element of the City of Ocoee Comprehensive Plan that includes the addition of the Fiscal Years
2017/2018 —2021/2022 Capital Improvements Program.
Discussion:
Vice-Chairman Keethler asked what this Board is being asked to do. City Planner
Rumer clarified that this CIE program, which was approved at the last City budget
hearing, now has to be approved by the City Commission with an ordinance to be
included within the City's Comprehensive Plan. Since this Board is the Land Planning
Agency (LPA), this plan goes before this Board for a recommendation before it is heard
by the City Commission. Vice-Chairman Keethler clarified that this Board cannot make
any substantive changes to which City Planner Rumer answered in the affirmative.
Vice-Chairman Keethler explained he is particularly interested in the intersection of
Fullers Cross Road at Ocoee-Apopka Road, and is surprised that the issue will again be
pushed out another year. He further indicated he had looked into this intersection back
in 2015 and said the numbers were the same back then (below).
Fullers Cross Rd. at Ocoee-Apopka Rd.
Reconstruct intersection by adding left-turn lanes on all approaches and reconstructing
traffic signal
Design $75,000 (2019)
Construction $675,000 (2020)
$250,000 received by Eagle Creek of Ocoee (Chevron)
Vice-Chairman Keethler suggested to the Board to make a motion that tells the City
Commission that they believe this intersection is more urgent than what is reflected
within the CIP (Exhibit A) to which it should be accelerated.
City Planner Rumer asked the Board to look at the last column "Funding Source,"
which notates "road impact fees" and "developer contributions" indicating funds for
Fullers Cross Road are coming from the general fund, but some funds are coming from
development contributions along with road impact fees.
Vice-Chairman Keethler continued discussing the projects listed on Exhibit A. He
informed the Board the City is proposing to construct the new fire station just north of
the Fullers Cross Road intersection, which is anticipated to start a year prior to the
construction at that intersection. He asserts the City contends that these are County
roads; therefore, it is the County's responsibility to upgrade them. He expressed the
County is not coming forward to fix this intersection, which is frustrating residents.
Member Richemond indicated it is very difficult to take a left heading south from
Fullers Cross Road onto Ocoee-Apopka Road, which he has to do on a regular basis.
He expressed this intersection is an accident waiting to happen.
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Planning and Zoning Commission Meeting
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Vice-Chairman Keethler asked Assistant City Attorney Crosby-Collier what their
options are at this point. Assistant City Attorney Crosby-Collier replied their role as
the LPA is to recommend or not to recommend the CIE into the Comprehensive Plan.
Vice-Chairman Keethler inquired how this Board can send a message to the City
Commission about their concerns about this particular intersection and the CIE plan in
general. Assistant City Attorney Crosby-Collier said this Board sent a message to
the City Commission about a year ago on a different issue; however, the CIE plan is a
budgetary issue that has already been approved by the City Commission to which it is
now required it is approved into the City's Comprehensive Plan in order to meet State
standards.
Vice-Chairman Keethler advises City Planner Rumer that he believes it is important to
annotate any other funds that have been received for Fullers Cross Road at Ocoee-
Apopka Road underneath the notated fund that have been received by Eagle Creek.
Chairman McKey announced that the City's budget process starts in August and
recommended that the Board start attending the budgetary meetings this year.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed amendment. As no one wished to speak, the public
hearing was closed.
(7:34 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Capital
Improvements Element (CIE) — Amendment Addition of the Fiscal Years 2017/2018
— 2021/2022 Capital Improvements Program, subject to resolution of the remaining
staff comments before the City Commission meeting; Moved by Member Wunderlich,
Seconded by Member Richemond.
Motion failed by majority roll-call vote of 3 to 5, with Chairman McKey, Vice-Chairman
Keethler, Members Richemond, Henderson and Frommer opposing.
Vice-Chairman Keethler advised he wishes to make a motion to bring the Fullers
Cross intersection to the attention of the City Commission. Assistant City Attorney
Crosby-Collier suggested an explanation could be put in a staff report to the City
Commission.
(7:39 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, clarify the previous motion by sending a letter to the City Commission
regarding their Denial to recommend the Capital Improvements Element (CIE)
Amendment to further articulate their concerns addressing delayed projects such
as with the Fullers Cross intersection; Moved by Vice-Chairman Keethler,
Seconded by Member Frommer.
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Planning and Zoning Commission Meeting
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Discussion:
Member Wunderlich expressed a comment about traffic studies and one in particular
which came to this Board last fall indicating further development around the Fullers
Cross intersection would not result in any traffic issues and no infrastructure changes
would need to be done in the foreseeable future. He remarked that traffic studies should
be taken with a grain of salt; and further, if they are accepted as flawless in their
projections, the changes requested may not be seen as necessary, which may
postpone them indefinitely.
Chairman McKey expressed he has been on this board a very long time and has
reviewed many traffic studies to which he has disagreed with and some were corrected.
Vice-Chairman Keethler indicated that every project that comes forth with that
intersection says it needs to be modified.
Member Richemond expressed he believes this intersection will be a problem for any
project that comes forward within that area, and he will continue to vote for modifying
this intersection in order to represent the residents. He is unaware if any city
commissioners live on this side of town, but he says this intersection is a nightmare.
Member Sills indicated he believes the members who are concerned about this
proposed amendment should have been at the City's budget workshops last year to
address it then.
Vice-Chairman Keethler said he did not attend this past year, but he did the two
previous years to where it did not get done then. He further stated that the City does not
want to pay for modifying the intersection and wants the County to pay.
Chairman McKey asked for clarification on whether the roads are City or County. City
Planner Rumer indicated that Fullers Cross Road and Ocoee-Apopka Road are both
County roads.
Chairman McKey inquired if Vice-Chairman Keethler will be sending the City
Commission a formal letter to which Vice-Chairman Keethler acknowledged he is
willing to, if he is allowed to do so. Assistant City Attorney Crosby-Collier advised he
is allowed to send the letter to the City Clerk where it will be forwarded on to the City
Commission. After discussion, Vice-Chairman Keethler was delegated the task to
send a letter to the City Commission on behalf of the Planning and Zoning Commission.
After discussion, the Motion passed 7-1 with Member Sills opposing.
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Planning and Zoning Commission Meeting
January 9,2018
(7.48 pm)
C. Comprehensive Plan Amendment — 10 Year Water Supply Facilities Work
Plan Update - Public Hearing
City Planner Rumer
City Planner Rumer presented a PowerPoint presentation outlining the 10-year water
supply for the city. He expressed this 10-Year Water Supply Facility Plan is a
requirement by Florida Statute. According to the Wekiva Parkway and Protection Act,
Chapter 369, Part III, FS, each local government is required to amend its
comprehensive plan to include an up-to-date 10-Year Water Supply Facility Work Plan
to include an evaluation of the present and projected growth and water demand for a
10-year planning period.
The City of Ocoee is located in west Orange County and is predominately located within
the jurisdiction of the St. Johns River Water Management District (SJRWMD) with a
southern portion of South Maguire located within the South Florida Water Management
District. The City's updated 10-Year Water Supply Facility Work Plan and amendments
to the Comprehensive Plan will be reviewed and approved by the Florida Department of
Economic Opportunity (DEO) and St. Johns River Water Management District
(SJRWMD).
This plan was adopted five (5) years ago to meet the new statute, and this update is a
five-year revision. The proposed text amendments (below) are located at Section 5,
Page 16. The proposed text amendments will be inserted into or replacing text in the
Comprehensive Plan.
Intergovernmental Policy 1.7
The City shall maintain and revise as necessary the following agreements:
• Joint Planning area agreement
• Orange County/City of Ocoee Water Service Territorial Agreement
• Orange County/City of Ocoee Sewer Service Territorial Agreement
• Orange County Utilities/City of Ocoee Reclaimed Water Territorial Agreement
= Conserv II Agreement for the Delivery of Reclaimed Water
• Water Conserv II Agreement for the Delivery of Water
• City of Winter Garden Interlocal Agreement
• City of OcoeefForest Lake Golf Course Agreement
• Ocoee Pines Potable Water Service Agreement
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Planning and Zoning Commission Meeting
January 9,2018
Intergovernmental Coordination Policy 1.10
The Water Supply Facilities Work Plan shall be prepared in accordance with the
e*: - - - . _ -• - • - - a - --• State of
Florida statutes.
Intergovernmental Coordination Policy 1.11
The Water Supply facilities Work Plan shall be reviewed bi-annually and shall be updated
within 18 months of an update to the CFWI Regional Water Supply Plan SJRWM-D
Water Supply Plan that affects the City or sooner if necessary.
Conservation Policy 7.3:
The City shall investigate on its own or with local or regional partners the feasibility of
developing additional lower quality water sources. l• • -_ • . -.e •
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Conservation Policy 7.8
The City shall adept--maintain a water conservation irrigation ordinance consistent
with the Districts model ordinance, which may also include additional City specific
requirements by December 2010.
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Planning and Zoning Commission Meeting
January 9,2018
Conservation Policy 7.6
The City shall promote water conservation to its customers in accordance with the water
conservation plan submitted to and approved by the SJRWMD as part of the most recent
Consumptive Use Permit process and as described in the 10-Year Water Supply Facilities
Work Plan, '- ..: t. . *IL , t .. .:t .; - + ..
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Potable Water Policy 2.1.8
The City shall continue to actively participate in the development of innovative water
programs, which protect and conserve water resources. Programs shall include the
continued requirement for high efficiency water conservation fixtures in the building
code and reclaimed water for reuse.
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Planning and Zoning Commission Meeting
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Potable Water Policy 2.1.16
The City will complete projects listed in the CFWI Regional Water Supply Plan and
as described in the 10-Year WSFWP based on need and economic, technical. and
environmental feasibilitythe NW Re use Pump Station and Interconnection Mains
Project (single entity project #81 in the District's Water Supply Plan) should the
Potable Water Policy 1.6.1 Delete This Policy
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369.321(3). F.S.}
Natural GW Aquifer Recharge
Policy 1.3
The City will establish maintain a wellhead protection program in accordance with the
State of Florida -regulations approved by EPA it the 1998. The program shall
establish minimum criteria for the protection and preservation of the potable water
supply system.
City Planner Rumer advised this will be heard at an upcoming City Commission
meeting as a public hearing, and following that the proposed amendments will be
transmitted to the Department of Economic Opportunity (DEO) for review and approval.
After addressing any comments that may be received from the Department of Economic
Opportunity (DEO) and St. Johns River Water Management District (SJRWMD), the
amendments will be presented to the City Commission for final adoption.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
This Item does not go before the DRC.
STAFF RECOMMENDATION:
Staff recommends approving the proposed amendments to the following: additions to the Future
Land Use Element, Conservation Element, Potable Water Sub-Element, Sanitary Sewer Sub-
Element, and Intergovernmental Coordination Element, for the purpose of implementing the 10-
Year Water Supply Facilities Work Plan.
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Discussion:
Discussion ensued entailing water demand and the total capacity the City's treatment
center can currently hold, which is located within the 10-Year Water Supply Facilities
Work Plan 2018 — 2027.
Chairman McKey opened the public hearing and asked if there is anyone present who
wishes to speak on this proposed amendment. As no one wished to speak, the public
hearing was closed.
(8:13 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Comprehensive
Plan Amendment — 10-Year Water Supply Facilities Work Plan Update, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Keethler, Seconded by Member Richemond; motion passed unanimously
8-0.
IV. MISCELLANEOUS
A. Project Status Report - City Planner Rumer updated the Board on development
within the city. He indicated a strip mall with four (4) to five (5) uses is going next to
Popeyes. He said the following establishments may be going in: Qdoba, Jimmy
John's, Papa John's, a dental business and a mobile store. Chairman McKey
inquired if anything has come from the City Commission regarding this Board's
request of lowering the small scale threshold. City Planner Rumer responded that
no action has been taken, but the City is currently working on a Land Development
Code (LDC) update with regards to the City's downtown to which the small scale
threshold can be considered.
City Planner Rumer addressed the Board about their attendance in which last
year (2017) two (2) meetings were canceled because a quorum could not be met
with this nine (9) member board, which he states has never happened in his
career. He explained the City is considering sun-setting the Board of Adjustment,
because they rarely meet due to inactivity, which means this P&Z Board could take
on more responsibilities when a variance or special exception does arise. He
further discussed an upcoming ordinance update for this board, which may
propose a time change, taking on variances and special exceptions and possibly
reducing the size of this current board.
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Planning and Zoning Commission Meeting
January 9,2018
B. January Calendar
V. ADJOURNMENT - 8:36 pm
ATTEST: APPROVED:
// VA 4117:f
Kat y H ar , Recording Clerk " •. � " , Chairman
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