HomeMy WebLinkAboutItem #02 First Reading of Ordinance for Large Scale Comprehensive Plan Amendment – Past Joint Planning Agreement (JPA) Amendments and Future Land Use Map (FLUM) Clean Up; Case No: CPA-2018-002 <_o\ \ice_ .
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AGENDA ITEM COVER SHEET
Meeting Date: March 20, 2018
Item #
Reviewed By:
Contact Name: Mike Rumer Department Director: ,
Contact Number: 407-905-3157 City Manager: -,/����"�
Subject: Past JPA Amendments & Future Land Use Map Clean Up
Large Scale Comprehensive Plan Amendment
CPA-2018-002
Background Summary:
The City proposes to update the Comprehensive Plan by updating certain map figures in the Future Land
Use (FLU) Element with updated Land Use changes since 2011 and to identify a planning horizon of 2028.
The FLU map changes consist of: (i) amend the Intergovernmental Coordination Element to incorporate into
the Ocoee Comprehensive Plan amendments Seventeen (17) and Eighteen (18) to the Ocoee/Orange
County Joint Planning Area Agreement (JPA); (ii) updated FLU Map Figure 1 (Existing Land Use Map) by
providing up to date data provided by the Orange County Property Appraiser; (iii) amend Map Figure 2
(Future Land Use Map) of the Future Land Use Element to reflect annexations and comprehensive plan
amendments adopted since 2011 and to incorporate the Seventeenth (17) and Eighteenth (18) Joint
Planning Area Agreement Amendments; and (iv) update the Existing Land Use Map (Figure 1) to conform to
the JPA; and (v) incorporate the Ocoee/Orange County Joint Planning Area Map as Figure 1a into the
Future Land Use Element, as amended, and to reflect small scale comprehensive plan amendments and
annexations since the last update to Figure 1.
Issue:
Should the Honorable Mayor and City Commissioners consider the adoption of Ordinance 2018-017 to
approve a Large Scale Comprehensive Plan Amendment which will (i) amend the Intergovernmental
Coordination Element to incorporate into the Ocoee Comprehensive Plan amendments Seventeen (17) and
Eighteen (18) to the Ocoee/Orange County Joint Planning Area Agreement (JPA); (ii) updated FLU Map
Figure 1 (Existing Land Use Map) by providing up to date data provided by the Orange County Property
Appraiser; (iii) amend Map Figure 2 (Future Land Use Map) of the Future Land Use Element to reflect
annexations and comprehensive plan amendments adopted since 2011 and to incorporate the Seventeenth
(17) and Eighteenth (18) Joint Planning Area Agreement Amendments; and (iv) update the Existing Land
Use Map (Figure 1) to conform to the JPA; and (v) incorporate the Ocoee/Orange County Joint Planning
Area Map as Figure 1 a into the Future Land Use Element, as amended, and to reflect small scale
comprehensive plan amendments and annexations since the last update to Figure 1?
Recommendation:
Planning and Zoning / LPA:
The Planning and Zoning Commission acting as the Ocoee Land Planning Agency discussed the proposed
Large Scale Comprehensive Plan amendment on February 13, 2018. After discussion on the Future Land
Use map and Economic Development, the LPA voted unanimously to recommend approval of the proposed
amendments. No one from the Public spoke on the issue.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commissioners consider the adoption of Ordinance
2018-017 to approve a Large Scale Comprehensive Plan Amendment which will (i) amend the
Intergovernmental Coordination Element to incorporate into the Ocoee Comprehensive Plan amendments
Seventeen (17) and Eighteen (18) to the Ocoee/Orange County Joint Planning Area Agreement (JPA); (ii)
updated FLU Map Figure 1 (Existing Land Use Map) by providing up to date data provided by the Orange
County Property Appraiser; (iii) amend Map Figure 2 (Future Land Use Map) of the Future Land Use
Element to reflect annexations and comprehensive plan amendments adopted since 2011 and to incorporate
the Seventeenth (17) and Eighteenth (18) Joint Planning Area Agreement Amendments; and (iv) update the
Existing Land Use Map (Figure 1) to conform to the JPA; and (v) incorporate the Ocoee/Orange County Joint
Planning Area Map as Figure 1 a into the Future Land Use Element, as amended, and to reflect small scale
comprehensive plan amendments and annexations since the last update to Figure 1.
Attachments:
Ordinance 2018-017
Figure 1, Existing Land Use Map(To be provided at the P&Z Meeting)
Figure la,JPA Land Use Map
Figure 2, Dated 2011 is Existing FLU Map
Figure 2, Dated 2018 is the proposed new FLU map
Draft Planning and Zoning Minutes from 02/13/2018
Financial Impact:
None
Type of Item:
[x] Public Hearing For Clerk's Dept Use:
® Ordinance First Reading 0 Consent Agenda
O Ordinance Second Reading [x] Public Hearing
❑ Resolution 0 Regular Agenda
® Commission Approval
O Discussion& Direction
[ ] Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
ORDINANCE NO. 2018-017
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED; AMENDING THE INTERGOVERNMENTAL
COORDINATION ELEMENT OF THE COMPREHENSIVE PLAN TO
ADD THE SEVENTEENTH AND EIGHTEENTH AMENDMENTS TO THE
JOINT PLANNING AREA AGREEMENT BETWEEN THE CITY OF
OCOEE AND ORANGE COUNTY, FLORIDA; AMENDING THE FUTURE
LAND USE ELEMENT TO REFLECT THE SEVENTEENTH AND
EIGHTEENTH AMENDMENTS TO THE JOINT PLANNING AREA
AGREEMENT; AMENDING THE FUTURE LAND USE MAP TO
CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS
AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE
PLAN AMENDMENTS AND ANNEXATIONS SINCE JULY 2011;
AMENDING THE EXISTING LAND USE MAP TO CONFORM TO THE
JOINT PLANNING AREA AGREEMENT, AS AMENDED, AND TO
REFLECT SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS
AND ANNEXATIONS SINCE JULY 2011; PROVIDING FOR
TRANSMITTAL; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee
("City") adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida
Statutes, as set forth in Ordinance 91-28, which has been amended from time to time
("Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County, Florida ("County") and the City
entered into that certain Joint Planning Area Agreement, which has been amended from
time to time ("JPA"); and
WHEREAS, the JPA was incorporated into and made a part of the Comprehensive
Plan by CPA-95-1-1 (Ordinance No. 96-02), adopted February 20, 1996, and
subsequently amended by CPA-99-002 (Ordinance No. 2000-16), adopted May 16, 2000,
and by CPA-2002-1-1 (Ordinance No. 2002-11), adopted October 1, 2002, and by CPA-
2010-006 (Ordinance No. 2011-09), adopted July 19, 2011; and
WHEREAS, subsequent to the incorporation of the JPA into the Comprehensive
Plan, and the above-referenced amendments thereto, the City and County have made
further amendments to the JPA, as set forth below:
i. Effective July 2, 2013, the City and County entered into that certain Seventeenth
Amendment to the JPA, a true copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference ("Seventeenth JPA Amendment"); and
ii. Effective April 25, 2014, the City and County entered into that certain Eighteenth
Amendment to the JPA, a true copy of which is attached hereto as Exhibit "B" and
incorporated herein by reference ("Eighteenth JPA Amendment"); and
WHEREAS, the City desires to update the Comprehensive Plan to reflect therein
the above-referenced amendments to the JPA; and
WHEREAS, the last update to Figure 2 (Future Land Use Map) of the Future Land
Use Element of the Comprehensive Plan was made as a part of CPA-2010-006
(Ordinance No. 2011-09), adopted July 19, 2011, and the City desires to update the
Comprehensive Plan so that it conforms to the JPA amendments entered into since that
time; and
WHEREAS, the last update to Figure 1 (Existing Land Use Map) of the Future Land
Use Element of the Comprehensive Plan was made as a part of CPA-2010-006
(Ordinance No. 2011-09), adopted July 19, 2011, and the City desires to update the
Comprehensive Plan so that it conforms to the JPA amendments entered into since that
time; and
WHEREAS, subsequent to the adoption of CPA-2010-006 (Ordinance No. 2011-
09), adopted July 19, 2011, the City has annexed certain parcels of property pursuant to
the following ordinances:
INSERT TABLE OF ANNEXATIONS
WHEREAS, subsequent to the adoption of CPA-2010-006 (Ordinance No. 2011-
09), adopted July 19, 2011, the City has amended the Comprehensive Plan to modify the
future land use designation of certain parcels of property pursuant to the following
ordinances:
INSERT CPA TABLE
WHEREAS, the City wishes to update to Figure 1 (Existing Land Use Map) and
Figure 2 (Future Land Use Map) of the Future Land Use Element of the Comprehensive
Plan to reflect annexations and comprehensive plan amendments adopted since the
adoption of CPA-2010-006 (Ordinance No. 2011-09), adopted July 19, 2011; and
WHEREAS, the City has initiated this amendment to the Comprehensive Plan (the
"Amendment") in order to (i) incorporate by reference the Seventeenth and Eighteenth
Amendments to the JPA; (ii) amend Subsection I of the Future Land Use Element in order
to reflect the Seventeenth and Eighteenth Amendments to the JPA; (iii) amend the Future
Land Use Map (Figure 2) to conform to the JPA, as amended, and to reflect small scale
comprehensive plan amendments and annexations since the last update to Figure 2; and
(iv) amend the Existing Land Use Map (Figure 1) to conform to the JPA, as amended, and
to reflect small scale comprehensive plan amendments and annexations since the last
update to Figure 1; and
WHEREAS, in adopting this amendment, the City is looking at the planning horizon
to the year 2028; and
WHEREAS, pursuant to Section 163.3174(4), Florida Statutes, the City's Local
Planning Agency held an advertised a public hearing on February 13, 2018, and
recommended approval of the Amendment by the City Commission; and
WHEREAS, on , 2018, and , 2018, the City
Commission conducted advertised public hearings in order to obtain public comment
regarding the proposed Amendment, and recommended transmittal of the Amendment to
the Florida Department of Economic Opportunity (DEO); and
WHEREAS, all required public hearings have been held after due public notice in
accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Chapter 180
of the City of Ocoee Land Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
Section 2. 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 3. Amendment to the Intergovernmental Coordination Element.
The City Commission hereby amends the Intergovernmental Coordination Element of
the Comprehensive Plan to amend existing pages , as set forth in Exhibit "C",
attached hereto and incorporated herein by reference.
Section 4. Amendment to the Future Land Use Element. The City
Commission hereby amends the existing pages of Subsection I (Introduction)
of the Future Land Use Element of the Comprehensive Plan as set forth in Exhibit "D",
attached hereto and incorporated herein by reference, to incorporate in its entirety the
Seventeenth and Eighteenth Amendments to the JPA.
Section 5. Future Land Use Map Amendment. The City Commission hereby
amends Figure 2 (Future Land Use Map) of the Future Land Use Element of the
Comprehensive Plan to replace the existing Figure 1 (Existing Land Use Map) with the
Existing Land Use Map as set forth in Exhibit "E", attached hereto and incorporated
herein by reference. The foregoing amendment is for the purpose of updating the Future
Land Use Map (Figure 2) to be consistent with the current JPA Land Use Map as
described in the JPA and annexation and amendments to the comprehensive plan
adopted subsequent to the adoption of CPA-2010-006 (Ordinance No. 2011-09), adopted
July 19, 2011.
Section 6. Existing Land Use Map Amendment. The City Commission hereby
amends Figure 1 (Existing Land Use Map) of the Future Land Use Element of the
Comprehensive Plan to replace the existing Figure 1 (Existing Land Use Map) with the
Existing Land Use Map as set forth in Exhibit "F", attached hereto and incorporated
herein by reference. The foregoing amendment is for the purpose of updating the
Existing Land Use Map (Figure 1) to be consistent with the current JPA Land Use Map
as described in the JPA and annexation and amendments to the comprehensive plan
adopted subsequent to the adoption of CPA-2010-006 (Ordinance No. 2011-09), adopted
July 19, 2011.
Section 7. Transmittal of Adopted Amendment. The City Commission hereby
designates the City Planner as the designee of the City Commission to transmit the
adopted Amendment pursuant to the requirements of section 163.3184(4), Florida
Statutes.
Section 8. Conflicting Ordinances. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
Section 9. 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 10. Effective Date. This Ordinance shall become effective on the 10th
day following passage and adoption on second reading.
PASSED AND ADOPTED this day of , 2018.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 20_
TRANSMITTAL HEARING
2018, UNDER AGENDA ITEM
NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2018.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Seventeenth Amendment to JPA
EXHIBIT "B"
Eighteenth Amendment to JPA
EXHIBIT "C"
Amendment to Intergovernmental Coordination Element
EXHIBIT "D"
Amendment to Future Land Use Element
EXHIBIT "E"
Amendment to Future Land Use Map
EXHIBIT "F"
Amendment to Existing Land Use Map
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COPY OF ADVERTISEMENT
1+ '
Date Published and Media Name
WEST ORANGE TIMES&OBSERVER I THURSDAY,MARCH 8,2018 15 •
91 LE
Vii`!
OCOPP
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
PAST JPA AMENDMENTS &
FUTURE LAND USE MAP CLEAN UP
LARGE SCALE COMPREHENSIVE PLAN
AMENDMENT
CPA-2018-002
i
NOTICE IS HEREBY given that the OCOEE CITY COMMISSION will consider
a proposed Large Scale Amendment to the City of Ocoee Comprehensive Plan to: (i)
amend the Intergovernmental Coordination Element to incorporate into the Ocoee
Comprehensive Plan amendments Seventeen(17)and Eighteen(18)to the Ocoee/Orange
County Joint Planning Area Agreement (JPA); (ii) update the Existing Land Use Map
(Figure 1) to conform to the JPA, as amended, and to reflect small scale comprehensive
plan amendments and annexations since the last update to Figure 1;(iii)amend the Future
Land Use Element to incorporate a new map"Joint Planning Area Land Use"(Figure la);
and(iv)amend Future Land Use Map(Figure 2)of the Ocoee Comprehensive Plan to add
the Seventeenth(17)and Eighteenth(18)amendments to the Ocoee/Orange County Joint
Planning Area Agreement, as amended, and to reflect Small Scale Comprehensive Plan
amendments and annexations since the last update to Figure 2.
The OCOEE CITY COMMISSION will hold a public hearing on the proposed large
scale amendment on TUESDAY,MARCH 20,2018,AT 6:15 PM or as soon thereafter as
practical. The public hearing will be held in the City Hall Commission Chambers located
at 150 North Lakeshore Drive,Ocoee.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE
OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED;
AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT
OF THE COMPREHENSIVE PLAN TO ADD THE SEVENTEENTH AND
EIGHTEENTH AMENDMENTS TO THE JOINT PLANNING AREA
AGREEMENT BETWEEN THE CITY OF OCOEE AND ORANGE COUNTY,
FLORIDA;AMENDING THE FUTURE LAND USE ELEMENT TO REFLECT
THE SEVENTEENTH AND EIGHTEENTH AMENDMENTS TO THE JOINT
PLANNING AREA AGREEMENT; AMENDING THE FUTURE LAND USE
MAP TO CONFORM TO THE JOINT PLANNING AREA AGREEMENT, AS
AMENDED, AND TO REFLECT SMALL SCALE COMPREHENSIVE PLAN
AMENDMENTS AND ANNEXATIONS SINCE JULY 2011;AMENDING THE
EXISTING LAND USE MAP TO CONFORM TO THE JOINT PLANNING
AREA AGREEMENT, AS AMENDED, AND TO REFLECT SMALL SCALE
COMPREHENSIVE PLAN AMENDMENTS AND ANNEXATIONS SINCE
JULY 2011; PROVIDING FOR TRANSMITTAL; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
This Large Scale Comprehensive Plan Amendment will change the future land use of
parcels of land with the Ocoee/Orange County Joint Planning Area.
Interested parties may appear at the public hearing and be heard with respect to the
proposed actions above.The complete case file may be inspected at the Ocoee Development
Services Department/Planning Division located at 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.The City Commission may continue this public hearing to other dates and times,
as it deems necessary. Any interested party shall be advised of the dates,times,and places
of any continuation of these or continued public hearings shall be announced during the
hearing and no further notices regarding these matters will be published.You are advised
that any person who desires to appeal any decision made at the public hearings will need a
record of the proceedings 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 these
proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at
407-905-3105.
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1 City of Ocoee
0 1111 Unincorporated Territory
MN and Other Municipalities
Joint Planning Area
Boundary N
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Mayor Commissioners
Rusty Johnson
4.04, John Grogan, District 1
Rosemary Wilsen, District 2
City Manager o c o e e Richard Firstner, District 3
Robert Frank Joel F. Keller, District 4
florida
MINUTES
PLANNING AND ZONING COMMISSION
ACTING AS THE LOCAL PLANNING AGENCY
February 13, 2018
I. 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 Richemond and Member Wunderlich. Also present were
City Planner Rumer, Planner 1 Jones, Assistant City Attorney Crosby-Collier
and Recording Clerk Heard.
Absent: Member Sills (NU) and Member Henderson (NE)
C. Elections — Continued to April 2018.
II. CONSENT AGENDA
A. Minutes of the Planning and Zoning Commission Meeting held on January 9, 2018.
B. Ocoee Business Park (Building 100) — Large Scale Site Plan
City Planner Rumer
(Pulled for Discussion)
C. Ocoee Business Park (Building 200) — Large Scale Site Plan
City Planner Rumer
(Pulled for Discussion)
Vice-Chairman Keethler announced he has questions concerning Consent Agenda
Items B and C, Ocoee Business Park (Buildings 100 & 200), and requested they be
pulled for discussion.
Planning and Zoning Commission Meeting
February 13,2018
(7:02 pm)
Motion to pull for discussion Consent Agenda Items B and C, Ocoee Business Park
(Buildings 100 & 200); moved by Vice-Chairman Keethler, Seconded by Member
Richemond; Motion carried unanimously.
Chairman McKey asked for a motion on the remaining Consent Agenda. Vice-
Chairman Keethler indicated he has a revision within the minutes on Page 6 after the
motion. He states it is unclear that he was delegated the task to write the letter to the
City Commission. He wants the verbiage in the minutes to reflect that he was delegated
the task of sending the letter to the City Commission on behalf of the Planning and
Zoning Commission.
(7:06 pm)
Motion for Approval of Consent Agenda A, Minutes of the Planning and Zoning
Commission Meeting held on January 9, 2018, with the amended revisions:
Moved by Vice-Chairman Keethler, Seconded by Member Evans; Motion carried
unanimously.
B. Ocoee Business Park (Building 100) — Large Scale Site Plan
City Planner Rumer
Vice-Chairman Keethler inquired if a traffic study was done on this project and whether
it was ever presented to this board. City Planner Rumer indicated the traffic study was
provided with the preliminary site plan, which was not provided to this board at the
October meeting, but discussion did entail regarding surrounding traffic and access in
and out of this site during that meeting. He further advised a left-turn lane and right-turn
lane will be installed at both entrances. Discussion ensued regarding access points.
After much discussion, it was noted that Chairman McKey and Vice-Chairman
Keethler both concurred that there should be right and left-turn lanes at both entrances.
Vice-Chairman Keethler expressed his concerns regarding the extensive truck traffic in
this vicinity of Maguire Road; and further, he is concerned about the incoming/outgoing
truck traffic hindering the oncoming traffic to this proposed site. He stated he is either
going to vote "No" or make a motion to send it back to the DRC for clarification.
City Planner Rumer clarified that as a recommendation board they would not send
projects back to the DRC for clarification; and further, it is their duty to either make a
recommendation with or without conditions or not recommend a project to the City
Commission.
Chairman McKey further clarified that they are here to make sure that the projects are
consistent with the Comprehensive Plan and Land Development Code to which he
asked City Planner Rumer if this project meets all the requirements. City Planner
Rumer answered in the affirmative and explained the Development Review Committee
(DRC) is made up of three engineers, a building official, planners that have looked at
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Planning and Zoning Commission Meeting
February 13,2018
this plan and indicated it meets all requirements. Chairman McKey said this board has
a duty to review this project; and further, if the board believes there is a problem, it is
their duty to make a recommendation with conditions.
Further discussion ensued regarding this project.
Motion for Approval of Consent Agenda Item B, Ocoee Business Park (Building
100), with the following conditions: 1) Both entrances be made right-in/right-out,
2) Provide a right-turn lane for the southern entrance: Moved by Vice-Chairman
Keethler, Seconded by Member Richemond; Motion carried unanimously.
C. Ocoee Business Park (Building 200) — Large Scale Site Plan
City Planner Rumer
Vice-Chairman Keethler stated the primary entrance for this building is intended to be
the southern entrance, which has a right-turn in and a left-turn; and further, he indicated
he believes the right-in/right-out should apply to this site as well.
City Planner Rumer updated the board on the history of this property.
Motion for Approval of Consent Agenda Item C, Ocoee Business Park (Building
200): Moved by Member Wunderlich, Seconded by Member Evans; Motion carried
unanimously.
III. OLD BUSINESS (7:42 pm)
A. Item B from January 9, 2018 Planning and Zoning Meeting
Capital Improvements Element (CIE) Update — Comprehensive Plan
Amendment
City Planner Rumer
City Planner Rumer updated the Board with regards to the CIE and the letter that
Vice-Chairman Keethler sent to the City Commission. He indicated that Mayor Johnson
mailed a letter to Orange County requesting improvements be made to the Fullers
Cross intersection along with offering the right-of-way contributions from the City. He
expressed he anticipates a phone call from Orange County soon. Vice-Chairman
Keethler announced he has been told his letter will be presented to the City
Commission before their February 20th meeting, and it will also be placed on the dais
at the February 20th City Commission meeting.
Member Richemond interjected to comment that on January 12, 2018, there were a
total of four accidents at that intersection within one hour.
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Planning and Zoning Commission Meeting
February 13,2018
IV. NEW BUSINESS (7:47 pm)
A. Kelly-West Rezoning — 320 W. Silver Star Road; Project No: RZ-18-01-01 —
Public Hearing
Planner I Jones
Planner Jones presented a brief overview of the Kelly-West Rezoning at 320 West
Silver Star Road, which is located on West Silver Star Road, 300 feet east of Ocoee-
Apopka Road. The subject parcel is +1- 0.29 acres in size and has one existing single-
family residence. The Applicant is requesting to rezone the property from R-1 (Single
Family Dwelling) to a C-2 (Community Commercial) as a condition to provide a
commercial use facility. The proposed rezoning is a logical extension of the City limits,
urban services can be provided, and the rezoning meets state and local regulations.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On February 5, 2018, the DRC met to determine if the proposed rezoning was consistent with
the City's regulations and policies. When the discussion was finished, the DRC voted
unanimously to recommend approval of the rezoning for the Kelly-West property.
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends
that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend
approval for the rezoning from R-1 to C-2 (+/- 0.29 acres) for the Kelly-West property located at
320 W. Silver Star Road.
Discussion:
Vice-Chairman Keethler inquired if it is normal practice to zone property commercial if
it has a structure that is nonconforming. Planner Jones indicated that it does not
happen often, but it does happen. Discussion ensued regarding the future downtown
development standards along with rezoning this property to bring it into compliance,
which will inevitably have to be done at some point.
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.
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Planning and Zoning Commission Meeting
February 13,2018
(7:55 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Kelly-West
Rezoning — 320 W. Silver Star Road; Project No: RZ-18-01-01, subject to resolution
of the remaining staff comments before the City Commission meeting; Moved by
Member Frommer, Seconded by Vice-Chairman Keethler; motion passed
unanimously 6-0.
B. Bori Annexation & Rezoning — 1515 Blackwood Avenue; Project No(s): AX-
12-17-69 & RZ-17-12-10 - Public Hearing
Planner Jones
Planner Jones presented a brief PowerPoint presentation on this annexation and
rezoning for Bori located at 1515 Blackwood Avenue, which is +/- 0.55 acres and is
located on the east side of Blackwood Avenue, 830 feet south of Old Winter Garden
Road. The subject parcel has one existing single-family residence. The Applicant is
annexing into the City limits as a condition to receive city potable water connection. The
Applicant is requesting to rezone the property from Orange County A-1
(Rural/Agriculture) to R-1A (Single Family Dwelling) zoning upon annexation.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On February 5, 2018, the DRC met to determine if the proposed annexation and rezoning was
consistent with the City's regulations and policies. When the discussion was finished, the DRC
voted unanimously to recommend approval of the annexation and rezoning for the Bori property.
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends
that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend
approval of the Annexation and rezoning from A-1 to R-1A of the property known as the Bori
property located at 1515 Blackwood Avenue.
Discussion:
Vice-Chairman Keethler inquired if the main purpose for this annexation is to start the
process of annexing adjacent properties within the city. Planner Jones indicated the
property owners do not have to annex into the city; they have a choice, but most of the
properties are on septic, and they want a water connection.
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.
Wage
Planning and Zoning Commission Meeting
February 13,2018
(7:55 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Bori Annexation
— 1515 Blackwood Avenue; Project No: AX-12-17-69, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Vice-
Chairman Keethler, Seconded by Member Frommer; motion passed unanimously
6-0.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Bori Rezoning —
1515 Blackwood Avenue; Project No: RZ-17-12-10, subject to resolution of the
remaining staff comments before the City Commission meeting; Moved by Vice-
Chairman Keethler, Seconded by Member Richemond; motion passed unanimously
6-0.
(8:04 pm)
C. Ladybird Academy —Annexation, Rezoning to Planned Unit Development
(PUD), Small Scale Comprehensive Plan Amendment; Project No.(s): AX-10-
17-66, RZ-17-10-07 & CPA-2018-001 - Public Hearing
City Planner Rumer
City Planner Rumer presented a PowerPoint presentation describing this subject
property at 2082 West Road, which is located on the south side of West Road,
approximately 400 feet east of the intersection of West Road and Ocoee Apopka Road.
This site currently contains 5.45 acres of mostly undeveloped property with a single-
family dwelling built in 1945, which will be removed. The Applicant has requested a City
of Ocoee zoning designation of PUD, which is consistent with the zoning of the
properties to the north and west. The PUD zoning designation is consistent with the
adopted future land use designation of Commercial, as shown on the City of Ocoee &
Orange County Joint Planning Area future land use map. The proposed site plan will
require connection to Orange County potable water and sewer.
The development program consists of two phases. Phase 1 will be a 12,989 sq. ft.
Daycare and Pre-k for 150 children ranging in ages from six weeks to five years old.
Summer Camps for ages 5-12 years old will also be provided. The site is shown on the
PUD Land Use Plan. Phase 2 will be permitted uses in the C-2 zoning district. There are
no plans for the development of Phase 2.
Access will be via West Road which is a divided highway and controlled by Orange
County. The entrance approved by Orange County is to be without a deceleration or
turn lane. Orange County is requiring a single entrance with a 55 foot radius for the
driveway. The Ocoee Land Development Code requires a minimum of 45 feet. The site
does not contain any of the Wekiva Study Area environmental indicators such as "A"
soils on the site. The proposed maximum amount of open space required is 25%.
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Planning and Zoning Commission Meeting
February 13,2018
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On February 5, 2018, the DRC met to determine if the proposed annexation, rezoning and
Small Scale Comprehensive Plan Amendment was consistent with the City's regulations and
policies. When the discussion was finished, the DRC voted to recommend Small Scale
Comprehensive Plan Amendment from Low Density Residential (LDR) to Commercial (COM),
Annexation, and Rezoning to PUD (Planned Unit Development) for the Ladybird Academy
(2082 West Rd) Property.
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends
that the Planning & Zoning Commission recommend approval of the Small Scale
Comprehensive Plan Amendment from Low Density Residential (LDR) to Commercial (COM),
Annexation, and Rezoning to PUD (Planned Unit Development) for the Ladybird Academy
(2082 West Rd) Property.
Discussion:
Vice-Chairman Keethler inquired what other type of establishments can go into a C-2
zoning. City Planner Rumer listed various establishments such as retail, restaurants,
and offices. Vice-Chairman Keethler further inquired if once this parcel is zoned C-2
and they wish to put a tire shop in the second parcel, they can do that. City Planner
Rumer answered in the affirmative, and emphasized that they would have to go through
the PUD amendment to show the plan with either a small scale or large scale site plan.
Chairman McKey asked about pedestrian traffic and what the size of the sidewalk is
and what type of crossing mechanisms will be provided. City Planner Rumer indicated
there are five-foot sidewalks all the way to Ocoee-Apopka Road with pedestrian
crosswalks.
Bob Ziegenfuss, Applicant, Z Development Services, 708 E. Colonial Drive, Suite 100,
Orlando, addressed the Board about this project. He advised that they have consulted
with Orange County Public Works ingress and egress on the driveway; and further, it is
an ADA requirement that a sidewalk is provided, which a five-foot sidewalk is shown on
the plans from West Road to this proposed facility. He explained because of the
operations of a day care there will be more likely very little pedestrian traffic. He
discussed the drop-off method of day care facilities, which requires the parent or
guardian to park their car and walk in their child for safety purposes. He explained
sanitary sewer, water service and storm water will be master planned for this
development; and further indicated the sewer/water service will be provided by Orange
County utilities to whom they have spoken with and verified there is capacity in their
system for them to build this project. He explained that the pond adjacent to this project
will be a joint-use storm water management pond, which will service both parcels at an
80 percent impervious surface ratio.
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Planning and Zoning Commission Meeting
February 13,2018
Vice-Chairman Keethler inquired if the City has any say on what could be brought in
on Lot 2, because Lot 1 is this proposed day care. City Planner Rumer advised this
use as a day care under C-2 would have been a special exception had this parcel
already been zoned C-2.
Patricia Tice, Transportation Engineer, Crews, LLC, gave a PowerPoint presentation
regarding her traffic research with day care centers. She explained these centers are
not what they used to be and that nowadays they are seen as an early head start
educational foundation and emphasized that Ladybird has been rated one of the best in
Orlando.
Vice-Chairman Keethler inquired whether she has any data that supports the ratio of
students to cars. Ms. Tice indicated this particular school is projecting approximately
180 children, which estimates approximately 76 vehicles entering in the morning and 68
vehicles exiting, which includes employees over a three-hour window between 6:00
a.m. to 9:00 a.m. The evenings are not much different with the peak hour between 5:00
p.m. to 6:00 p.m. and approximately 69 vehicles entering and 77 leaving. She discussed
the parking at the proposed facility will contain 43 parking spaces, which is more than
adequate; and further, highlighted the exclusive employee parking in the back of the
facility.
Member Richemond indicated he has lived in this general area for 10 years and has
some questions. He asked whether they will accept children under 4C, Community
Coordinated Care for Children, Inc.
Derek Sakala, Applicant/Owner and Owner of Ladybird Academy of Debary, answered
at their current location they currently do accept 4C, which is a program where the
County helps with tuition.
Member Richemond asked how many employees they are expecting at this proposed
site. Mr. Sakala answered the employees have staggered times; so potentially 15 to 25
employees will be on site at one time. Further discussion entailed regarding parking.
Mr. Sakala addressed the Board indicating he conducted his own traffic study at his
current location in Debary where he found that with a full school of 180 students they
had at the most 15 cars on premise in the morning and 16 cars total on premise in the
afternoon. He also addressed a comment which was made about the type of
establishment to be allowed in Phase 2 next to the day care; and furthermore,
emphasized the safety and wellbeing of the children is their first priority, which is why
they specifically wrote in the land contract that no businesses will be allowed in Phase 2
that could jeopardize the children's safety and wellbeing; for example, smoking and/or
pornographic shops and/or businesses that primarily sell alcohol.
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Planning and Zoning Commission Meeting
February 13,2018
Vice-Chairman Keethler asked if there was any way for them to know if the cars from
the future development of Phase 2 would ever spill over into the day care parking of
Phase 1. Ms. Tice could not comment, because she does not know what development
would be going there. Mr. Sakala informed language was added to the contract and the
second amendment to the deed restriction that there will be no shared parking;
however, the driveway will be shared. Vice-Chairman Keethler asked where they
believe the families will be coming from to bring their children to this facility. Ms. Tice
indicated there are a number of residential developments all around Ocoee Apopka
Road; however, she believes more families will be coming from the west Ocoee Apopka
Road and the north side of Winter Garden; dropping off at the facility and getting on the
429.
Vice-Chairman Keethler asked what her analysis showed about the impact this day
care facility could have on the intersection at Fullers Cross Road and Ocoee Apopka
Road. Ms. Tice indicated that particular intersection is problematic; however, there has
been an approved development that is required to add turn lanes within that
intersection. City Planner Rumer discussed the many positive aspects of this
commercial site including cross-access and the fact that it is not landlocked; and, if
needed, parking can overflow from one parcel to the next.
Member Wunderlich comments about his skepticism about traffic surveys; however, he
advises he has total confidence in what he has heard thus far with no reason to doubt
the projections, because he has firsthand knowledge of how day care facilities are run.
Vice-Chairman Keethler stated his position that he has no objections to this day care;
however, his objection stands to the principle of continuing to allow businesses of any
type to be built which exacerbate a broken situation such as the Fullers Cross
Road/Ocoee Apopka Road intersection. Chairman McKey advised the board to contact
their city commissioner to make their issues known; and furthermore, he emphasized
Fullers Cross Road/Ocoee Apopka Road are County roads, which makes that
problematic intersection a County situation.
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.
9 ! Page
Planning and Zoning Commission Meeting
February 13,2018
(9:15 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ladybird
Academy Annexation — 2082 West Road; Project No: AX-10-17-66, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Wunderlich, Seconded by Member Evans; motion passed unanimously 6-
0.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ladybird
Academy Small Scale Comprehensive Plan Amendment - 2082 West Road;
Project No: CPA-2018-001, subject to resolution of the remaining staff comments
before the City Commission meeting; Moved by Member Frommer, Seconded by
Member Richemond; motion passed unanimously 6-0.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Ladybird
Academy Rezoning to PUD — 2082 West Road; Project No: RZ-17-10-07, subject to
resolution of the remaining staff comments before the City Commission meeting; Moved
by Member Frommer, Seconded by Member Evans;
Vice-Chairman Keethler commented that as a matter of principle he is not voting in
favor because it doesn't make sense to him to improve properties that will increase the
traffic through the Fullers Cross intersection no matter how small, because it's already
broken, and he stated the City is not taking action to fix it. He believes pointing the
finger and sending a letter to the County is not sufficient in his mind, because he
believes the City can ask the County for permission to redo the intersection to which the
City has chosen not to. He further stated it does not make any sense to him to vote for
anything that increases traffic through that intersection until action is taken to improve
the intersection, and he invites all the other board members to take a similar stance.
Chairman McKey indicated he believes it is up to each member to contact their local
city and county commissioners and advised them to do so.
Member Wunderlich expressed he believes Vice-Chairman Keethler's letter to the City
Commission was very well written, and he hopes it will have the intended result.
Member Frommer indicated he is inclined to stand with fellow members and vote
against future projects, but he does like this project to which he will vote for it.
Member Richemond stated he feels the same way and will vote against anything in the
future surrounding projects that have an impact on the Fullers Cross intersection;
however, because of his educational obligations, he will approve this project.
After Discussion motion passed 5-1 with Vice-Chairman Keethler opposing.
10IPage
Planning and Zoning Commission Meeting
February 13,2018
(9:25 pm)
D. Darren Center— Annexation, Rezoning to Planned Unit Development (PUD);
Project No(s): AX-12-17-65 & RZ-17-12-08 - Public Hearing
City Planner Rumer
City Planner Rumer presented a brief presentation describing this subject property,
which is located on the north side of W. Colonial Drive, 1,325 feet from the intersection
of Blackwood Avenue and West Colonial Drive. The overall parcel is 7.11 acres in size.
The subject site is comprised of one (1) parcel identified as Parcel ID Number 21-22-28-
0000-00-012. The Applicant has requested a City of Ocoee zoning designation of PUD
for Office use, which is consistent with the zoning of the properties to the north, east
and west. The PUD zoning for Office designation is consistent with the adopted future
land use designation of Commercial, as shown on the City of Ocoee & Orange County
Joint Planning Area Future Land Use Map. The proposed site plan will require
connection to City of Ocoee potable water and sewer.
The Darren Center Office Building is proposed at 30,400 sq. ft. and two-stories. The
footprint is 15,639 sq. ft. on 2.06 acres. There are 4.94 acres of wetlands and 0.11
acres of road access. A parking area is proposed under the ground level. Offices are
proposed on the ground level and upper level. Storm water retention will be provided
under the parking lot.
With regards to transportation, the City of Ocoee adopted an Access Management
Study into Land Development Code (Ordinance 98-11) to provide guidelines for
development review and to maintain traffic flow and safety along SR 50 (Good Homes
Road to Florida's Turnpike). The study makes the following recommendations along SR
50 between Blackwood Avenue and Clarke Road:
• Restrictive median along SR 50 with a full access opening located approximately
midblock to accommodate a future north/south road, and
• Closure of the existing stub-out on the north side of SR 50 in front of the site.
The proposed access for the site appears generally consistent with the Access
Management Study guidance in that it accommodates a future north-south road aligned
with the Hospital access on the south side of SR 50. Additionally, the existing stub-out
is not proposed for access.
The site does not contain Wekiva Study Area environmental indicators such as "A" soils
on the site. The proposed amount of open space provided is more than the 25%
required.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
The Development Review Committee (DRC) met on February 5, 2018, and reviewed the
Annexation, Initial Zoning to PUD "Planned Unit Development", and PUD Land Use Plan for
Darren Center. Staff discussed the extension of a sewer main and public lift station. When the
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Planning and Zoning Commission Meeting
February 13,2018
discussion was finished, the DRC voted to recommend approval of the Annexation, Initial
Zoning to PUD "Planned Unit Development", and PUD Land Use Plan.
STAFF RECOMMENDATION:
Based on the Feasibility Report and recommendation of the DRC, Staff recommends that the
Planning and Zoning Commission, acting as the Local Planning Agency, recommend approval
of the Annexation, Initial Zoning to PUD "Planned Unit Development", and PUD Land Use Plan
for Darren Center.
Discussion:
City Planner Rumer discussed a future road segment where a signal was proposed to
FDOT, but was unable to obtain one. He mentioned this proposed site is intended to be
medical offices.
The Applicant is present, and no questions were asked of the applicant.
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.
(9:33 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Darren Center
Annexation; Project No: AX-12-17-65, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Vice-Chairman Keethler,
Seconded by Member Frommer; motion passed unanimously 6-0.
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Darren Center
Rezoning; Project No: RZ-17-12-08, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Member Wunderlich,
Seconded by Member Evans; motion passed unanimously 6-0.
E. Past JPA Amendments & Future Land Use Map Clean Up - Large Scale
Comprehensive Plan Amendment; CPA-2018-002 - Public Hearing
City Planner Rumer
City Planner Rumer presented a PowerPoint presentation outlining this proposed
Large Scale Comprehensive Plan Amendment, which will amend the Intergovernmental
Coordination Element to incorporate into the Ocoee Comprehensive Plan amendments
Sixteen (16) through Eighteen (18) to the Ocoee/Orange County Joint Planning Area
121 Page
Planning and Zoning Commission Meeting
February 13,2018
Agreement (JPA); amend Subsection I of the Future Land Use Element in order to
reflect amendments Sixteen (16) through Eighteen (18) to the JPA; amend the Future
Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to the JPA, as
amended, and to reflect small scale comprehensive plan amendments and annexations
since the last update to Figure 2; and update the Existing Land Use Map (Figure 1) to
conform to the JPA; and incorporate the Ocoee/Orange County Joint Planning Area
Map as Figure 1a into the Future Land Use Element, as amended, and to reflect small
scale comprehensive plan amendments and annexations since the last update to Figure
1. (See Figure 1, Figure la and Figure 2 below)
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
This Item does not go before the DRC.
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Commission, acting as the Local Planning
Agency, recommend approval of a Large Scale Comprehensive Plan Amendment which will (i)
amend the Intergovernmental Coordination Element to incorporate into the Ocoee
Comprehensive Plan amendments Sixteen (16) through Eighteen (18) to the Ocoee/Orange
County Joint Planning Area Agreement (JPA), (ii) amend Subsection I of the Future Land Use
Element in order to reflect amendments Sixteen (16) through Eighteen (18) to the JPA; (iii)
amend the Future Land Use Map (Figure 2) of the Ocoee Comprehensive Plan to conform to
the JPA, as amended, and to reflect small scale comprehensive plan amendments and
annexations since the last update to Figure 2; and (iv) update the Existing Land Use Map
(Figure 1) to conform to the JPA; and (v) incorporate the Ocoee/Orange County Joint Planning
Area Map as Figure 1 a into the Future Land Use Element, as amended, and to reflect small
scale comprehensive plan amendments and annexations since the last update to Figure 1.
Discussion:
Discussion ensued regarding different land uses within the city. City Planner Rumer
advised the Board this amendment will go on to the City Commission as a first reading
of ordinance. From there it will be a transmittal to the State where they review it, send it
back with questions or advise it may be approved for adoption.
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.
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Planning and Zoning Commission Meeting
February 13,2018
FIGURE 1a — JPA Land Use
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14 IPage
Planning and Zoning Commission Meeting
February 13,2018
FIGURE 1 — Future Land Use
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15 IPage
Planning and Zoning Commission Meeting
February 13,2018
FIGURE 2 — Future Land Use JPA Land Use Amendments 14 — 18
Planning Horizon 2028
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16IPage
Planning and Zoning Commission Meeting
February 13,2018
(9:45 pm)
Motion: Move that the Planning and Zoning Commission, acting as the Local Planning
Agency, recommend to the Ocoee City Commission Approval of the Past JPA
Amendments & Future Land Use Map Clean Up — Large Scale Comprehensive
Plan Amendment, CPA-2018-002, subject to resolution of the remaining staff
comments before the City Commission meeting; Moved by Vice-Chairman Keethler,
Seconded by Member Frommer, motion passed unanimously 6-0.
V. MISCELLANEOUS
A. Project Status Report - City Planner Rumer advised the Board their next
meeting scheduled for March has been canceled, because the city election is on
the same night.
Vice-Chairman Keethler remarked to Assistant City Attorney Crosby-Collier that
he requested the City place the letter he drafted on behalf of this Board on paper
with City letterhead. Assistant City Attorney Crosby-Collier explained his
request was discussed, but it was not appropriate for the City letterhead to be used
in that instance. She also advised him that correspondence between the Planning
and Zoning Board and the City Commission are not governed by law or code. She
further advised the appropriate way to communicate with the City Commission is
by staff report along with the minutes.
City Planner Rumer indicated there currently are 36 projects, and 16 of those are
under construction.
B. February Calendar
VI. ADJOURNMENT - 9:52 pm
ATTEST: APPROVED:
Kathy Heard, Recording Clerk Rob McKey, Chairman
17 ' Page