Loading...
HomeMy WebLinkAbout10-27-1999 *lbw MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD WEDNESDAY, OCTOBER 27, 1999 AS LOCAL PLANNING AGENCY I. CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:30 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Landefeld, McKey, Matthys, Rhodus and Miller. Also present were City Manager Shapiro, City Attorney Rosenthal, Planning Director Wagner, Principal Planner Lewis, Senior Planner McGinnis, and Administrative Secretary Dawson. ABSENT: Member Christoefl and Member McNeil (excused) GUESTS: Mayor Vandergrift, Commissioner Howell, Commissioner Anderson, Commissioner Johnson, and Commissioner Parker. II. CONSENT AGENDA `err The consent agenda consisted of approval of Item A: ITEM A: Minutes of the Planning and Zoning Commission Regular Meeting held on Wednesday, September 29, 1999. Member Landefeld, seconded by Member Miller, moved to approve the consent agenda as presented. Motion carried 7 -0. III. NEW BUSINESS ITEM A: OCOEE CROSSINGS FINAL SUBDIVISION PLAN PROJECT # LS -99 -003 Planning Director Wagner and Principal Planner Lewis presented the staff report recommending approval of the Final Subdivision Plan for Ocoee Crossings. They responded to the Board's questions about lot size, the combined school and park site, acreage and zoning. Randy June of June Engineering responded to the Board's questions about the acreage of the school and park (about 24 acres) and the total acreage of the development. tier Planning and Zoning Commission Regular Meeting , October 27, 1999 There being no comments or further discussion by the Board, Vice Chairman Bond, seconded by Member Landefeld, moved to recommend approval of the Final Subdivision Plan of Project LS -99 -003, Ocoee Crossings, as date stamped received by the City on October 22, 1999, subject to conditions "A" and "B ", as recommended by the staff. Motion carried 7 -0. IV. OLD BUSINESS ITEM A: RECONSIDERATION OF THE THIRD AMENDMENT TO OCOEE- ORANGE COUNTY JOINT PLANNING AREA AGREEMENT (ACTING AS LOCAL PLANNING AGENCY) City Manager Shapiro, City Attorney Rosenthal and Planning Director Wagner made a presentation to the Board in support of the JPA Amendment as follows: City Manager Shapiro apologized for failing to attend the September 29, 1999 hearing when this issue was considered. He stated that this issue was originally set for the September 14, 1999 agenda, but that meeting was postponed due to Hurricane Floyd, and then due to a miscommunication neither the City Manager, the City Attorney nor the Planning Director attended the September 29, 1999 meeting. Therefore, the three individuals who negotiated the low proposed JPA amendment were not available to the Board at the time it was considered. City Manager Shapiro stated that this amendment has some major ramifications to the future relationship between the City and Orange County. He then asked the City Attorney to explain the history of the JPA to the Board and why it can be lawfully reconsidered by the Board. City Attorney Rosenthal stated that to amend a future land use map or to amend a JPA does not require any action by the LPA of either the County or the City. Additionally, a public hearing before either the County or City is not required to amend a JPA. Amendments to the future land use maps require public hearings before the county and city commissions, but such public hearings may be waived. Thus, there is legally no requirement to re- advertise public hearings to address this issue again, and the Board may consider it tonight. City Attorney Rosenthal stated that over 2,000 acres of land were annexed by the City. The County objected to the annexation and filed a lawsuit to invalidate the annexations on the basis that they were not compact and contiguous, and the City was at some risk of losing the lawsuit and not be able to annex the property. If the County had not sued the City, there never would have been JPA discussions, but the JPA was entered into as settlement of the suit. Thus, the historical content is important in addressing the JPA amendment, since the goal of the City was to keep the annexed land and the JPA settlement allowed that. Also, the litigation was not funded by the City but by the property owners of the annexed lands. 'l..- 2 Planning and Zoning Commission Regular Meeting October 27, 1999 City Attorney Rosenthal further stated that the City attempted to do actual joint planning at that time, but the County was not interested. Further, although the City wanted to address the enclave issues at that time, the County refused. But since the JPA ended the lawsuit and allowed the City to keep the annexed lands and the County waived its right to contest future annexations within the JPA, the City agreed to it. It also allowed the City to simultaneously annex and zone lands without doing comprehensive plan amendments, which only a half dozen cities in the state of Florida are allowed to do. City Attorney Rosenthal also stated that since the JPA was agreed to, the County has not challenged any annexations, and reminded the board that previous to the JPA the County used to challenge annexations frequently. The JPA also agreed to the widening of Maguire Road, which is a county road. City Manager Shapiro added that the JPA also allowed a dual water system and gave the City a permit to draw water. He stated that since the change of administration with County Chairman Mel Martinez there has been a new spirit of cooperation between the County and the City, and the County has been in open dialogue with the City on numerous issues, including planning, streets, public works, fire, drainage, engineering and water and sewer. County Commissioner Bob Freeman and County Commissioner Bob Sindler have also had a lot to do with the changes in the County's attitude. Thus, this JPA amendment is a first step in the normalization of the relationship between the County and the City. In this perspective, approving the Now, amendment will show that we are cooperating in return with the County. City Manager Shapiro stated that the future transportation issues in West Orange County are critical, and we will need the County's support and cooperation to achieve better roads in and around Ocoee. We also have future drainage issues to deal with the County, and the beltway will be bringing dramatic changes to the area. We are also discussing the annexation of enclaves with the County, and they are now willing to turn over enclave property to us, which they had previously refused to do. Some of these annexations will require a special act of the legislature, we need to show Tallahassee a track record of cooperation between the County and City in order to annex these properties. City Attorney Rosenthal and City Manager Shapiro responded to questions by the Board. A discussion ensued about the annexation of enclaves, Ocoee's comprehensive plan, relationships between the City and the County and between the City and the School Board and the benefits to Ocoee from the JPA amendment. Planning Director Wagner, in response to questions from the Board, stated that he and his staff have seen a significant change in attitude from the County staff and there is much better cooperation with them this year than in the past. He further stated that the enclaves that have been developed were under the old administration, and that the new administration now refers enclave developers to the City. Mayor Vandergrift made a presentation to the Board in opposition to the JPA Amendment. He apologized for the Board having to sit through a second presentation on this matter and thanked Nosy 3 Planning and Zoning Commission Regular Meeting October 27, 1999 the City Commission for attending. He stated that he is at crosshairs with the staff to some degree on this issue. He stated that a comprehensive plan is the state of Florida trying to tell local governments how they should plan for the future. Ocoee was the first to get its comprehensive plan approved, and then later Orange County's plan was approved, but they overlapped, and there were conflicts in the planning on the overlapping areas. Mayor Vandergrift then stated that he was elected in 1993, and within two months he was presiding over six hour meetings concerning the 2,000 acres of annexation. The county protested every one of them. The owners didn't want to join the City, but instead they were fleeing the county's rural settlement districts with its additional layer of bureaucracy. He then discussed "perimeter politics" and "utility politics ", citing MetroWest as an example. Mayor Vandergrift further stated that joint planning is an attitude that negates perimeter politics. Cities are the answer to urban sprawl to the extent that they have better control and are closer to the people that they serve. He tried to change legislation in Florida to address annexations of areas within enclaves so that the compact and contiguous requirement is not necessary, but so far he has been unsuccessful. Mayor Vandergrift added that a JPA is an attitude, not an instrument of annexation. It is an instrument to protect a city's borders. He stated that he is neither anti - growth nor pro - growth. Nor He then presented photographs of various locations throughout the city and discussed problems that the City has had with the County on these sites. A discussion ensued among the Board, the Mayor and City staff. Various issues, including water capacity, enclaves, the camp agreement, the Keene Road limit, and agreements with various local governments about city limits were discussed. Chairman Switzer stated that the staff has done an outstanding job in negotiating with the County on this issue. He remembered the old meetings that lasted until 2:00 a.m. and stated that we need to crawl before we can walk. The JPA amendment appears to be a beginning step, but it is not a final document. It is a framework on which to build, and he would like the Board to revisit this issue. He then asked for a show of hands for those members in favor of revisiting the issue. The Board voted 6 -1 in favor of revisiting the JPA amendment, with Member McKey voting no. There being no comments or further discussion by the Board, Chairman Switzer, seconded by Member Landefeld, moved to rescind the prior action of the Board on September 29, 1999, and moved to recommend approval of the Third Amendment to the Ocoee - Orange County Joint Planning Area Agreement to the City Commission. Chairman Switzer called for an further sublic comments. There bein. none a vote was called and the motion passed 7 -0. 4 Planning and Zoning Commission Regular Meeting October 27, 1999 V. OTHER BUSINESS The Work in Progress Report was given to the Board. VI. COMMENTS Member McKey stated that we need to make the best of the situation and take care of the issues as quickly as we can. Planning Director Wagner reminded that Board that there will only be one meeting in both November and December. ADJOURNMENT The meeting was adjourned at 9:25 p.m. Marisa Dawson, Administrative Secretary Harold Swi er, Chair 'r. 5