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HomeMy WebLinkAboutVI (A1) Second Reading of Ordinance No. 2003-01, Amending the Land Development Code Center of Good Li Agenda 1-07-2003 Mayor 2be log Comm issnItemVI A 1 S. Scott Vandergrill Danny Howell, District 1. C Q �i E Scott Anderson District 2 City Manacr 14.0c. Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT DATE: December 4, 2002 TO: The Honorable Mayor and City Commissioners� FROM: Jennifer Willman, Senior Planner `9/3 j THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Amendment to Land Development Code (Ordinance 2003-01) ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-01 amending the Land Development Code to: 1) change Development Review Fees definitions, 2) add a School Board representative to the Planning and Zoning Commission as a non-voting member, and 3) add "Auto Body Repair Shop" as a permitted use in the I-1 zoning district? BACKGROUND/ DISCUSSION: Ordinance 2003-01 would amend the Ocoee Land Development Code in three places. These changes relate to: 1. Development Review Fees. • Subsection A (4) and A (8) of Section 1-12 of Article 1 would be amended to remove advertising costs from the definition "Flat Fee" and include advertising costs in the definition "Review Costs" paid by the applicant. • This amendment is consistent with recent changes in fees. Since advertising costs are variable, it is appropriate that the applicant pay for advertising separate from the "Flat Fee." 2. Planning and Zoning Commission. • Subsection A of Section 3-2 of Article 3 would be amended to add a representative of the Orange County School Board to the Planning and Zoning Commission (P&Z) as a non-voting member. • This non-voting member appointed by the School Board would attend meetings at which the P&Z considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. This is a new State requirement to improve public school facility planning. 3. Permitted Uses in Zoning District I-1. • Table 5-1 "Use Regulations" of Article 5 would be amended to add "Auto Body Repair Shop" as a permitted use in Zoning District I-1. (See Attachment 'A'.) • This use was previously allowed in I-1, but was removed a few years ago and recently it was requested that the use be added back to Table 5-1. This use is typically permitted in the 1-1 Zoning District. Page 2 of 2 Planning&Zoning Commission December 4, 2002 PLANNING AND ZONING COMMISSION RECOMMENDATION: At their meeting on December 3, 2002, the Planning and Zoning Commission held a Public Hearing regarding the proposed changes to the Land Development Code. There was no one from the public present to speak on this issue. The P&Z had a few questions concerning the School Board representative that would serve as a non-voting member of their Board. They encouraged Staff to solicit someone from Ocoee or the surrounding area to best represent our interests with the School Board. At the end of the discussion, the P&Z voted unanimously to recommend approval of Ordinance 2003-01. STAFF RECOMMENDATION: Based upon the recommendation of the Planning and Zoning Commission, staff recommends that the Mayor and City Commissioners adopt Ordinance 2003-01 to amend the Land Development Code. Attachments: Ordinance 2003-01 Copy of the Public Hearing Advertisement O:\DOdell\ALL DATA\CAPDFILE\Staff Reports\SR2002\5R02061 P&Z.doc ORDINANCE NO. 2003-01 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES AND THE PLANNING AND ZONING BOARD; AMENDING THE PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY AMENDING SUBSECTION A(4) AND A(8) OF SECTION 1-12 OF ARTICLE 1 TO REMOVE ADVERTISING COSTS FROM THE DEFINITION "FLAT FEE" AND TO INCLUDE ADVERTISING COSTS IN THE DEFINITION "REVIEW COSTS" PAID BY THE APPLICANT; AMENDING SUBSECTION A OF SECTION 3-2 OF ARTICLE 3 TO ADD A REPRESENTATIVE OF THE SCHOOL BOARD TO THE PLANNING AND ZONING COMMISSION AS A NON- VOTING MEMBER FOR CERTAIN MEETINGS; AMENDING TABLE 5-1 ENTITLED "USE REGULATIONS" OF ARTICLE V TO ADD "AUTO BODY REPAIR SHOP" AS A PERMITTED USE IN ZONING DISTRICT I-1; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Subsection A(4) of Section 1-12 of Article I of Chapter 180 of the Code of Ordinances is hereby amended to read as follows (with additions double- underlined and deletions stricken): (4) "Flat Fee" shall mean and refer to the non-refundable flat fee from time- to-time established by resolution of the City Commission to be paid by an Applicant at the time of the filing of an Application. The Flat Fee shall be for the purpose of covering the cost of City staff time dedicated to the review and processing of an Application and all advertising costs in connection with the processing of an Application. For the purposes hereof, staff time encompasses 006.265608.1 Development Review Committee meetings, individual staff review time, clerical - time and site inspections. Where expressly provided by this Section 1-12, the Flat Fee shall also be for the purpose of covering the City Attorney, legal, consultant, and engineering fees and costs incurred by the City in reviewing and processing an Application. SECTION 3. Subsection A(8) of Section 1-12 of Article I of Chapter 180 of the Code of Ordinances is hereby amended to read as follows (with additions double- underlined and deletions stricken): "Review Costs" shall mean and refer to the costs and expenses incurred by the City in connection with the review and processing of an Application, including hut not limited to City Attorney's fees and costs and legal, consultant and engineering fees and costs, all advertising`costs; provided, however, that Review Costs shall not, include (i) the cost of City staff from time dedicated to the review and processing an Application and all advertising costs in connection with the processing of an Application, and (ii) City Attorney, legal, consultant and engineering fees and costs incurred by the City in reviewing and processing an Application which are expressly included within the Flat Fee pursuant to the provisions of Section 1 -12.C.2 hereof. SECTION 4. Subsection A of Section 3-2 of Article III of Chapter 180 of the Code of Ordinances is hereby amended to read as follows (with additions double-underlined and deletions stricken): A. Establishment and Membership The Planning and Zoning Commission shall consist of nine (9) members appointed by the City Commission and one (1) member appointed by the School. Board of Orange County as a non-votigg member. The member appointed by the School Board of Orange County shall attend those meetings at which the Planning,and Zoning Commission considers comprehensive plan amendments and rezonings that would, if a proved increase residential dery on the property t tat_is the gbiect of the application. No member shall be an employee of the City of Ocoee and all members,a the membe ointed by the School_Board of Orange County, must be residents of the City of Ocoee. When selecting members to the Planning and Zoning Commission, the City Commission shall attempt to select from different geographical areas within the City so as to create geographical diversity and representation. 006.266608.1 2 SECTION 5.Amendment to Use Regulations Table. Table 5-1 entitled "Use Regulations" of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as set forth on Exhibit "A" attached hereto and incorporated herein by this reference, which amends Table 5-1 so as to add "Auto Body Repair Shop" as a permitted use in Zoning District I-1. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Conflicts. All ordinances, resolutions, parts of ordinances, or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2002. APPROVED: A FI LST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2002 READ FIRST TIME ,2002 READ SECOND TIME AND ADOPTED UNDER AGENDA ITEM NO. 006.26560e.t 3 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2002. FOLEY & LARDNER By: City Attorney 4 006.265608.1 Table of Permitted Uses (Table 5-1) Exhibit "A" "P" = Permitted Use in that Zoning District "S" = Special Exception in that Zoning District(requires advertised public hearings) This Use is not permitted in this Zoning District Refer to Table 5-2 for setbacks and other development requirements. Use A-1 A-2 RCE-1 RCE-2 R-1A R-1 R-1AAA R-1AA R-2 R-3 RT-1 PS C-1 C-2 C-3 1-1 1-2 Mixed Use Development (Mixed use development will be allowed by PUD and special use districts - - - - - - - - - - - SS S S S - adhering to the requirements specified in Article IV) Mobile Home _ _ _ _ _ - _ _ - _ p Development Nursing Home - S S - - - - - - S - - - P P P - Commercial Uses Adult Entertainment _ _ _ _ - - - S - - Establishments Appliance Store - - - - - - - - P P P - Automotive Body Repair - - - - - - - - P P Automobile Parking Lot - - - - - - - - P P P P Automobile Repair - - - - - - - - S P P P Automobile Sales(New - - - - S P P _ and Used) Exhibit'A' to Ordinance 2003-01 006.265608.1 5 NOTICE OF AMENDMENTS n TO THE OCOEE • LAND DEVELOPMENT CODE Orlando Sentinel w THURSDAY, DECEMBER 5, 2002 J3 The City Commission of[he City of Ocoee proposes to adopt Ordinance 2003-01: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,RELATING TO DEVELOPMENT REVIEW FEES AND THE PLANNING AND ZONING BOARD;AMEND- ING THE PROVISIONS OF THE OCOEE LAND DEVELOPMENT CODE, CHAFFER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE,FLORIDA BY AMENDING SUBSECTION A(4)AND A(8)OF SECTION 1-12 OF ARTICLE I TO REMOVE ADVERTISING COSTS FROM THE DEFINITION"FLAT FEE AND TO INCLUDE ADVERTISING COSTS IN THE DEFINITION"REVIEW COSTS"PAID BY THE APPLICANT;AMENDING SUBSECTION"A" OF SECTION 3-2 OF ARTICLE III TO ADD A REPRESENTATIVE OF THE SCHOOL BOARD TO THE PLANNING AND ZONING COMMISSION AS A NON- VOTING MEMBER FOR CERTAIN MEETINGS; AMENDING TABLE 5-1 ENTITLED "USE REGULATIONS" OF ARTICLE V TO ADD "AUTO BODY REPAIR SHOP"AS A PERMITTED USE IN ZONING DISTRICT I-1; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Ocoee City Commission will hold the first of two public hearings concerning the proposed Ordinance at a regular ' mccting on Tuesday, December 17, 2002 at 7:15 p.m. or as soon thereafter as practical, and the second of two public hearings concerning the proposed Ordinance at a regular meeting on Tuesday, January 7,2003 at 7:15 p.m.,or as soon thereafter as practical,at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee,Florida.The City Commission may continue the public hearings to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times, and places of any continuation of these or continued public hearings shall be announced during the herring and that no further notices regarding these matters will be published. A copy of the proposed Ordinance may be inspected by the public at the Ocoee Community Development Department, 150 North Lakeshore Drive,Ocoee,Florida,between the hours of 8:00 a.m. and 5:00 p.m.,Monday through Friday,, except legal holidays. Interested parties may appear at the public hearings and be heard with respect to the proposed Ordinance. This notice is given pursuant to Section 166.041 (3) (a),Florida Statutes. Any person wishing to appeal any decision made with respect to any matter considered at the public hearings may need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 905-3105.