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HomeMy WebLinkAbout05-09-06 Minutes P&Z MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MAY 9,2006 CALL TO ORDER Chairman Golden called the meeting to order at 7:05 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Golden, Members Conkling, Dillard, Morris, Rhodus, Sills, and West. Also present were City Attorney Rosenthal, Community Development Director Wagner, Senior Planner Fabre, Principal Planner James, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair McKey and Member Campbell were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, April 11,2006. Member Dillard stated he was at the April 11, 2006, meeting but his presence was not reflected in the minutes. Member Dillard. seconded bv Member Sills. moved to accept the Minutes of the April 11. 2006. meetina with corrections to reflect that Member Dillard was present at the Apri/ 11. 2006. P/annina and Zonina Commission. Motion carried unanimous/v. OLD BUSINESS None NEW BUSINESS McCORMICK WOODS, PHASE III - PRELIMINARY/FINAL SUBDIVISION PLAN Senior Planner Fabre stated McCormick Woods Phase III is Preliminary/Final Subdivision. The subdivision is a continuation of the previously approved McCormick Woods (Phase 1 & 2) residential subdivision. The parcel is about another 10-acre and was subsequently not in the City's jurisdiction until legal approval was given to annex. The property zoning is low density R-1A. A future 25-acre middle school site is located adjacent on the southeast side of the subject subdivision. Located to the south of McCormick Road is Ingram Road. The Planning and Zoning Commission Regular Meeting May 9, 2006 subdivision is subdivided into 30 lots with a 20-foot wide landscape buffer along State Road 429. Access to the site will be through the internal road network of the McCormick Woods subdivision. Community building and amenities will be provided by the McCormick Woods subdivision. DEVELOPMENT COMMITTEE REVIEW The DRC met on May 2, 2006, and reviewed the Preliminary/Final Subdivision Plan. The DRC voted unanimously to recommend approval of the Preliminary/ Final Subdivision Plan, as date stamped received by the City on April 21,2006. STAFF RECOMMENDATION Based upon the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan for McCormick Woods Phase III, as date stamped received by the City on April 21,2006. DISCUSSION Chairman Golden inquired about the Preliminary /Final Subdivision Plan and stated they usually see the plans twice. Senior Planner Fabre stated since the plans had been reviewed when the first subdivision, annexation, and rezoning came through they just went ahead and presented it as a Preliminary/Final subdivision Plan. The Public Hearing was opened for the Preliminary/Final Subdivision Plan As no one wished to speak, the Public Hearing was closed for the Preliminary/Final Subdivision Plan. Member West. seconded bv Member Rhodus. moved to recommend approval of the Preliminary/Final Subdivision Plan for McCormick Woods Phase III. as date stamped received bv the Citv on April 21. 2006. Motion carried unanimouslv. LAND DEVELOPMENT CODE AMENDMENT - ILLEGAL NON-CONFORMING SITES AND STRUCTURES ORDINANCE Principal Planner James stated currently in the Land Development there are no Land Development Code Provisions requiring properties or structures to be brought back into compliance with the City's regulations when a portion of the property is conveyed or transferred to a governmental or quasi-governmental entity, such as for a roadway widening project. This specific problem area was highlighted during the right-of-way purchases or "takings" by the Florida Department of Transportation (FDOT) for the widening of SR SO/Colonial Drive. Principal Planner James displayed exhibits of before and after pictures of Maguire 2 Planning and Zoning Commission Regular Meeting May 9, 2006 Road and State Road 50. Properties along that roadway were originally required to fulfill the City's requirements concerning landscaping, buffers/setbacks, signage and parking; however, with the widening many of these requirements will be diminished quite a bit. The amendment to the Land Development Code adding subsection 4-11 would make the properties or structures illegal and non-conforming, and outline a process to bring these properties back in compliance with the LDC. Within 90 days from the date of conveyance or transfer, the property owner must hold a pre- application conference and discuss the actions needed to bring the remaining portion of the property and structure into compliance. Within 180 days from the date of conveyance or transfer, the property owner must submit the revised subdivision and/or site plan and/or proposed amendments to the development or annexation agreement along with an application to request an amendment to the plan or agreement. The applicant may apply for waivers from the LDC if the new requirements place an "unreasonable burden on the property owner". The Community Development Director may grant waivers; however, any waiver requires a development agreement or an amendment to an existing development/annexation agreement will require City Commission approval. Applicants will be responsible for all review cost with flat fees/review deposits waived. The applicants may elect to defer cost payments until compensation is received for the conveyance or transfer. Enforcement will be handled by the Code Enforcement Officers and the Code Enforcement Board as indicated in the City Code. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission recommend approval of an amendment to the Land Development Code adding subsection 4-11, requiring property owners to bring illegal and non-conforming structures into compliance with the Code when real property is conveyed or transferred to a governmental or quasi-governmental entity. PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS Member West inquired if this amendment was for just governmental and quasi- governmental takings only or would it affect someone who sells their property to someone else. Principal Planner James stated this amendment is for takings of a portion of the property. Because of that taking it would make a portion of the property illegal and non-conforming. He further stated what they are trying to avoid is having some of the Pine Hills look where you work so hard on trying to get architectural, landscaping , and setbacks and then have them wiped out by the road. Community Development Director Wagner briefly discussed the history of the widening of State Road 50 that was proposed by FDOT. Chairman Golden 3 Planning and Zoning Commission Regular Meeting May 9, 2006 inquired as to how the City planned on tracking all of the takings. Community Development Director Wagner stated they have a whole series of photographs and they are contacted on every individual property by the appraisers. City Attorney Rosenthal stated they may not know the exact day of the takings but the appraisers who are appraising the property are going to know the regulations are out there; which the owners will also know. He further stated the motivation for the land owners to come in is the pre-application process with the City to find out what it will cost to bring their site back into compliance because that cost they can turn over and try to recover from FDOT. He further stated if the property owner waits until after the takings then they are running a risk that they would have settled with FDOT but they might not have all the money from FDOT that it might take to bring the site back into compliance. He also briefly spoke about eminent domain and making sure the owner's spend the money to make the improvements. Member Dillard inquired as to what the penalty was for not conforming. City Attorney Rosenthal stated those owners who do not conform will be brought before Code Enforcement. Chairman Golden stated he would recommend notices to be sent to property owners as soon as the amendment is passed by the City. A brief discussion ensued regarding the importance of the LDC amendment. The Public Hearing was opened. DISCUSSION Bill Fagan, Managing Member of Ocoee Commons Development, stated he was present tonight not to argue the City's position, but to advise members that in many cases when a developer goes out to secure a loan they have to verify the property is in a conforming use. He further stated there is the potential that if a non-conforming use is slapped onto someone's property where they may have a loan, it could call the loan. Bill Fagan stated he feels that this issue is something the board should look into before they open up a can of worms. City Attorney Rosenthal stated most loans will have provisions in them so that issue would have to be a case by case basis. The Public Hearing was closed. Member Rhodus. seconded bv Member West. moved to recommend approval of an amendment to the Land Development Code addinG subsection 4-11. reQuirinQ propertv owners to brinG iIIeaal and non-conforminG structures into compliance with the Code when real propertv is conveved or transferred to a Governmental or Quasi-Governmental entitv. Motion carried unanimouslv. 4 Planning and Zoning Commission Regular Meeting May 9, 2006 CITY OF OCOEE COMMUNITY REDEVELOPMENT PLAN REVIEW Senior Planner Fabre stated the City had to do a "Finding of Necessity Report" or "blight" study as defined by the Florida Statute. On September 21, 2004, the City Commission adopted a resolution finding a certain defined area of the City of Ocoee as having conditions of blight. Thereafter, on March 21, 2006, the Orange County Board of Commissioners unanimously approved the eRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating authority to the City to create and manage a Community Redevelopment Agency (CRA). On April 25, 2006, the CRA board reviewed and approved the proposed Community Redevelopment Plan and collectively agreed to forward the plan to the Planning & Zoning Commission (Local Planning Agency) for review and a formal determination that it is consistent with the City's Comprehensive Plan that was adopted in 2002. The CRA boundary, as described in the redevelopment plan, covers approximately 1,070 acres. More specifically, the CRA largely covers the same area as the previously approved State Road 50 Activity Center Special Development Plan referenced in the City of Ocoee Comprehensive Plan and Land Development Code. Financing for the CRA would be through tax increments. The objectives of the redevelopment plan deals comprehensively on safe transportation, pedestrian safety, and urban design. Senior Planner Fabre stated after much review there are 56 total goals, objectives, and policies that were met by the criteria of the comprehensive plan. The Planning & Zoning Commission, acting as the Local Planning Agency, has been given the task to review the proposed Redevelopment Plan for consistency with the comprehensive plan. Staff has found that the Community Redevelopment Plan was specifically prepared to be consistent with the adopted City of Ocoee Comprehensive Plan. STAFF RECOMMENDATION Staff respectfully recommends that the Planning & Zoning Commission (LPA) make a determination that the City of Ocoee Community Redevelopment Plan is consistent with the Ocoee Comprehensive Plan. PLANNING AND ZONING COMMISSION QUESTIONS AND COMMENTS Community Development Director Wagner stated the plans meet the State requirements and incorporates all the provisions in the comprehensive plan, such 5 Planning and Zoning Commission Regular Meeting May 9, 2006 as Mr. Fabre stated. He further stated there is anticipation to do a more detailed study and developments of rules and regulations, which will come before the Planning & Zoning Board. Before July 1st they will need to get the plans for the CRA adopted so they could capture another year's worth of tax increments. The CRA Board is made up of the City Commission, (1) one member from Orange County, and a citizen representative from the City. Member West inquired if there had to be a percentage of blighted property. City Attorney Rosenthal stated it is a finding of fact by the Elected Officials, which has to meet the State standards and that finding of fact was based upon a study. The Colony Plaza was the main factor of study and primary motivations for the CRA. Member West inquired if there would be any more property added/deleted from the plans. A lengthy discussion ensued regarding the CRA and its benefits to the City of Ocoee and many businesses. Member Rhodus stated according to the plans it says the redevelopment initiatives must occur within the next 40 years and she is inquiring if that was how long they would have to wait before property would be considered unblighted. City Attorney Rosenthal stated the first year of the CRA they do not have any money and they can not fix anything until they have money. With the CRA the money only increases as the tax basis increases. Brief discussion ensued regarding the scenarios for the CRA plan. The Public Hearing was opened for the City of Ocoee Community Redevelopment Plan Review. As no one wished to speak, the Public Hearing was closed for the City of Ocoee Community Redevelopment Plan Review. DISCUSSION Member Morris inquired what options does a person have other then demolition or rehab if a building is considered blighted and who would pay for it. City Attorney Rosenthal stated if the building was considered blighted with or without the CRA the Government City has the power through Code Enforcement to possibly demolish a building that is a danger to the public. Member Morris stated he is still confused on how the CRA spends the money and how they chose where/when to spend it. Community Development Director Wagner briefly gave examples of how the CRA would invest money to help blighted areas and indicated the overall plan of developments projected within the CRA area. Member Rhodus. seconded bv Member West. moved that the Plannina and Zonina Commission recommend to the Citv Commission that their determination is 6 Planning and Zoning Commission Regular Meeting May 9, 2006 the Citv of Ocoee Communitv Redevelopment Plan is consistent with the Ocoee Comprehensive Plan. Motion carried unanimouslv. MISCELLANOUS Community Development Director Wagner passed down a catalog for members to look through for the purchase of new board shirts. Members agreed they could discuss the details of their board shirts after adjournment. ADJOURNMENT The meeting adjourned at 8:18 p.m. Attest: '/~j~ elanie Sibbitt,. Deputy City Clerk APPROVED: /~ '/""\ ///J L; ?~Io(c%(, ~ s Golden, Chairman . 7