HomeMy WebLinkAboutItem 10 Notification of Initial Three-Year Term Ending for Two (2) Regular Members and One (1) Alternate Member on the Planning and Zoning Commission
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: May 16, 2023
Item #: 10
Contact Name: Melanie Sibbitt Department Director: Melanie Sibbitt, Michael
Rumer
Contact Number: Ext. 1026 City Manager: Robert Frank
Subject: Notification of Initial Three-Year Term Ending for Two (2) Regular Members and One
(1) Alternate Member on the Planning and Zoning Commission. (Development Services
Director Rumer and City Clerk Sibbitt)
Background Summary:
In 2018, the City Commission adopted Ordinance 2018-021 amending Section 3-2 of the Land Development
Code, by establishing a five (5) member Planning and Zoning Commission to include term limits.
Subsequently, in 2019, Ordinance 2019-037 was adopted to provide for one (1) alternate member. The
alternate member shall attend all meetings, shall be counted towards a quorum, may participate in any item
where the alternate has no voting conflict, and, when necessary, will vote in the place of any absent or
disqualified board member on an individual item. The original appointments in 2018 were given staggered
terms, and it is staff's interpretation that the two (2) regular members assigned the initial two-year terms would
be eligible to serve two (2) full three-year terms, similar to the staggering of the City Commission. The first
members to complete their two (2) full terms will occur in June 2024. Any member who has served two full
terms is not eligible to serve another term until three years have passed.
The terms of Members Lomneck, Mellen, and Alternate Member Keller expire in June 2023, and all are eligible
to serve one (1) more three-year term. Alternate Member Keller has informed staff that he wishes to be
appointed as a regular member.
Issue:
Should the Honorable Mayor and Commissioners: 1) confirm the final terms of the two (2) regular members
and one (1) alternate member as they have all requested to complete their final three-year term, or 2) provide
up to two (2) nominees each to the City Clerk in order to appoint two (2) regular members and one (1)
alternate member to the Planning and Zoning Commission for a three-year term to be presented at the June 6,
2023, Regular City Commission Meeting?
Recommendations:
Staff recommends the Honorable Mayor and Commissioners: 1) confirm the final terms of the two (2) regular
members and one (1) alternate member as they have all requested to complete their final three-year term, or
2) provide up to two (2) nominees each to the City Clerk in order to appoint two (2) regular members and one
(1) alternate member to the Planning and Zoning Commission for a three-year term to be presented at the
June 6, 2023, Regular City Commission Meeting.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Attachments:
1. Board List
2. Attendance Log 22/23
3. LDC 3-2.
Financial Impacts:
None
Type of Item: Regular
Page 132 of 147
Updated 3/10/2023
PLANNING AND ZONING COMMISSION
Members must be City residents per § 3-2.A, Land Development Code
Amended by Ordinance No. 2018-021 & Resolution No. 2018-11, and Ordinance No. 2019-037
Any member who has served two full terms is not eligible to serve another term or be reappointed until three years have passed.
The alternate member shall attend all meetings, shall be counted towards a quorum, may participate in any item
where the alternate has no voting conflict, and, when necessary, will vote in the place of any absent or
disqualified board member on an individual item.
(3 Members Constitute a Quorum)
Member District Email Term Expires
1. Brad Lomneck 2 Bradlovesocoee@gmail.com 06/2023+
2. Andrew “Jason” Mellen 4 jasonmellen74@gmail.com 06/2023+
3. Lavon Williams
2 lbw8151908@gmail.com 06/2024*
4. Lou Forges 1 lforges@gmail.com 06/2024*
5. Joe Crocker
(Completing Term from 2023 Vacated Seat)3 Crockerja12@gmail.com 06/2024*
6. Joel Keller
(Alternate Member)4 Joelkellerocoee@gmail.com 06/2023+
First Term
*Two full terms expire 06/2024
+Two full terms expire 06/2026
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PLANNING & ZONING COMMISSION ATTENDANCE 2022-2023
Board Member District
Term
Expires AppointedJune July August SeptemberOctober November December January - Canceled by StaffFebruaryMarch-CanceledApril May Attendance RatioBrad Lomneck 2 Jun-23 Jun-20 P P P A P P P P P P 9 of 10
Jason Mellen 4 Jun-23 Jun-20 P P P P P P P P A P 9 of 10
Joel Keller (Alt)4 Jun-23 Jun-21 A P P P P P P P P P 9 of 10
P = Present
A = Absent
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Created: 2022-12-15 12:35:36 [EST]
(Supp. No. 17, Update 1)
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§ 3-2. PLANNING AND ZONING COMMISSION.
A. Establishment and Membership.
The Planning and Zoning Commission shall consist of five (5) members and one (1) alternate appointed
by the City Commission, and one (1) additional member appointed by the School Board of Orange
County as a non-voting 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 approved, increase residential density on the property that is
the subject of the application. No member shall be an employee of the City of Ocoee and all members,
except the member appointed by the School Board of Orange County, shall be a resident of the City of
Ocoee. When selecting members to the five (5) member Planning and Zoning Commission, the Mayor
and each member of the City Commission shall each nominate up to two (2) members who meet the
above qualifications so as to create geographical diversity and representation. From the nominees, the
Mayor and each City Commissioner shall appoint six (6) members to comprise the Planning and Zoning
Commission. The highest ranked five (5) nominees will comprise the five (5) member Planning and
Zoning Commission and the sixth highest ranked nominee will be the one (1) alternate member. The
alternate member shall attend all meetings, shall be counted towards a quorum, may participate in any
item where the alternate has no voting conflict, and, when necessary, will vote in the place of any
absent or disqualified board member on an individual item.
Subsequent vacancies on the Planning and Zoning Commission shall be filled by majority vote of the
City Commission from the candidates nominated by the Mayor and City Commissioners. The Mayor
and each member of the City Commission may nominate up to two (2) nominees each in the event of a
vacancy. Establishment and Membership.
B. Terms of Office, Removal from Office and Vacancies.
Members of the Planning and Zoning Commission shall be appointed for three-year terms and shall
serve until their successors are appointed; provided, however, that any member who has served two
full terms is not eligible to serve another term until three years have passed. Original appointments
may be made for a lesser number of years so that the terms of the said members shall be staggered.
Members of the Planning and Zoning Commission shall serve at the pleasure of the City Commission.
Any vacancy occurring during the unexpired terms of office of any member shall be filled by the City
Commission for the remainder of the term. Such vacancy shall be filled within thirty (30) days after the
vacancy occurs. The unexcused absence by any member from three (3) meetings of the Planning and
Zoning Commission in any calendar year shall result in automatic removal of the absent member and
vacation of the seat of the absent member, whether such member's absence is excused or unexcused.
C. Officers, Rules of Procedure and Quorum.
(1) The Planning and Zoning Commission shall elect a chair and a vice chair from among its members
at the first meeting of each calendar year. The City Commission shall provide the Commission a
deputy clerk, who may be an employee of the City of Ocoee.
(2) The Planning and Zoning Commission shall meet the second Tuesday of each month and at such
other times as may be necessary at such time as is set by a resolution of the City Commission. It
shall adopt rules for the transaction of its business and shall keep a properly indexed record of its
resolutions, transactions, findings and determinations, which record shall be a public record. All
meetings of the Planning and Zoning Commission shall be public.
(3) Three (3) members of the Planning and Zoning Commission shall constitute a quorum, and no
action may be taken if less than three (3) members are present and voting.
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Created: 2022-12-15 12:35:36 [EST]
(Supp. No. 17, Update 1)
Page 2 of 3
D. Compensation.
Members of the Planning and Zoning Commission shall receive no compensation for service, except
that they may be reimbursed for out-of-pocket expenditures made in connection with the performance
of their duties.
E. Compliance with Laws.
The Planning and Zoning Commission, and its individual members, shall comply with all applicable laws
relative to public bodies, including disclosure of interests and procedure for refraining from
participation in the case a conflict of interest exists.
F. Status of Prior Bodies.
It is the intent of this Code that the membership of the Planning and Zoning Commission established
under ordinances adopted prior to the effective date of this Ordinance shall continue and that
members appointed prior to the effective date of this Code shall continue to be members until such a
time as stated in a Resolution adopted by the City Commission. Members of the Planning and Zoning
Commission described in this Ordinance shall be appointed and trained as provided in a Resolution
adopted by the City Commission.
G. Duties and Responsibilities.
The Planning and Zoning Commission shall have the following duties and responsibilities:
(1) To act as the Local Planning Agency (LPA) of the City of Ocoee, pursuant to Section 163.3174,
Florida Statutes, and to make recommendations to the City Commission regarding the adoption
or amendment of the Comprehensive Plan of the City of Ocoee, including text and/or maps. No
such recommendation shall be made except after a public hearing held in accordance with State
and local requirements.
(2) To review and make recommendations to the City Commission on applications for amendments
to the Comprehensive Plan, and transmit the same to the City Commission with a
recommendation as required by law. No such recommendation shall be made except after a
public hearing held in accordance with State and local requirements.
(3) To monitor the effectiveness of the Comprehensive Plan, make recommendations for
amendments to the Comprehensive Plan, and forward such recommendations for amendments
to the City Commission for consideration. No such recommendation shall be made except after a
public hearing held in accordance with State and local requirements.
(4) To review and make recommendations to the City Commission on applications for amendments
to this Code, including applications for annexation or change of zoning. Pursuant to Section
163.3174(4)(c), Florida Statutes, the Planning and Zoning Commission shall also have the
responsibility to review and make a recommendation to the City Commission as to the
consistency of the proposed land development regulation with the adopted Comprehensive Plan.
No such recommendation shall be made except after a public hearing held in accordance with
State and local requirements.
(5) To review and make recommendations to the City Commission on applications for various
development approvals or permits as provided within this Code, including, but not limited to
Planned Unit Developments (PUD), special exceptions, subdivisions, and any other application for
which the City Commission requests a recommendation as to consistency of the proposal with
the Comprehensive Plan. Where a public hearing is required by the applicable procedural section,
no such recommendation shall be made except after a public hearing held in accordance with
State and local requirements.
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Created: 2022-12-15 12:35:36 [EST]
(Supp. No. 17, Update 1)
Page 3 of 3
(6) To review zoning of newly annexed lands when it represents an increase in intensity of use or a
conflict with the Comprehensive Plan pursuant to requirements of State law and City ordinances.
(7) To hear and give recommendations on requests for variances from the terms of this Code as will
not be contrary to the public interest where, owing to special conditions, a literal enforcement of
the provisions of this Code will result in unnecessary and undue hardship. In order to grant any
variance from the terms of the Code, the Planning and Zoning Commission and City Commission
must find:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in the
same zoning district;
(b) That the special conditions and circumstances do not result from the actions of the
applicant;
(c) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings or structures in the same zoning
district;
(d) That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
this ordinance, and would work unnecessary and undue hardship on the applicant;
(e) That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
(f) That the grant of the variance will be in harmony with the general intent and purpose of
this ordinance, and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
All recommendations of variance requests shall be brought to the City Commission for final decision. In
recommending any variance, the Planning and Zoning Commission may prescribe appropriate
conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation of this
Code and punishable as provided herein.
Under no circumstances shall the Planning and Zoning Commission recommend a variance to allow a
use that is not permissible under the terms of this Code in the district involved, or any use expressly or
by implication prohibited by the terms of this Code in said district.
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