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HomeMy WebLinkAboutItem #12 Second Reading of Ordinance Amending the Land Development Code (LDC) Concerning the Planning and Zoning Commission/Land Planning Agency and the Board of Adjustment iik$0,4r ocoee tiorida AGENDA ITEM COVER SHEET Meeting Date: May 15, 2018 Item # /0? Reviewed By: Contact Name: Mike Rumer, City Planner Department Director: Contact Number: (407) 905-3100 x1018 City Manager: Subject: Second Reading of Ordinance Amending the Land Development Code Concerning the Planning and Zoning Commission/Land Planning Agency and the Board of Adjustment BACKGROUND SUMMARY: The First Reading of this Ordinance took place on May 1, 2018. All City Boards and Committees were reviewed in 2016 for compliance with applicable laws (such as those governing dual office holding), which through dialogue between the City Manager, Mayor, and members of the Commission, have prompted closer review of how these groups functioned and whether refinements could be made to better benefit the City and its citizens. Recent examples include the Code Enforcement Board, which was split into a board/magistrate system in 2017; the Human Relations Diversity Board, which had changes made to member eligibility guidelines in 2016; and the Violations Hearing Board was recently changed to a magistrate system. Through extensive review of the statutorily defined roles of the Planning and Zoning Commission and the Board of Adjustment, as well as analysis of similar local governments, changes to the Land Development Code governing the Planning and Zoning Commission are proposed. Notable proposed changes include transition to a five member Planning and Zoning Commission as well as dissolution of the Board of Adjustment and combination of its duties with those of the Planning and Zoning Commission (see attached strikethrough and underline language, which staff comments). ISSUE: Should the Honorable Mayor and City Commissioners approve an ordinance providing for amendments to the Land Development Code (LDC) relative to Article III, Section 3-2 and 3-3; Article IV, Section 4-3C and 4-4 G(3) Site Plans and Subdivision Plan review, and Section 4-9 Variances? DISCUSSION: City Staff evaluated a number of local governments with respect to the responsibilities of the Planning and Zoning Commission and Land Planning Agencies. One alternative was to look at the Magistrate process which many local governments use. Special magistrates are often retired judges or attorneys. City Staff has determined the current system of community involvement under the quasi-judicial hearing process is the best applicable system for Ocoee. Below is a summary of the proposed changes to the Planning and Zoning Commission and Board of Adjustment. Words underlined are new and words with a strikethrough are to be removed. Amendment of Section 3-2. Section 3-2 of the City of Ocoee Land Development Code is proposed to be amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 3.2 PLANNING AND ZONING COMMISSION A. Establishment and Membership. The Planning and Zoning Commission shall consist of nine (9 five (5) members_appointed by the City Commission and one 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 residents of or owner of real property within the City of Ocoee, as determined by the City Manager. When selecting members to the five (5) member Planning and Zoning Commission, the Mayor and each member of the City Commission shall attempt-te each nominate up to two (2) members who meet the above qualifications eelect person from different geographical areas within the City so as to create geographical diversity and representation. From the nominees, the Mayor and each City Commissioner shall appoint five (5) members to comprise the Planning and Zoning Commission. The highest ranked five (5) nominees will comprise the five (5) member Planning and Zoning Commission. 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. 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. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. Members and altcrnatc& 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 or a'vr ulter-ate 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. 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. Staff Comment: The proposed ordinance reduces the number of Planning and Zoning Commissioners from nine (9) members to five (5). The Planning and Zoning Commission has responsibilities as provided by Florida Statutes which affect aspects of development which should require a volunteer to commit to attending as many meetings as possible each calendar year. A recent trend with the current Planning and Zoning Commission membership has seen a number of absences with three meeting being canceled due to a lack of quorum. C. (1) The Planning and Zoning Commission shall elect a chairman and a vice chairman 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) Five (5) Three (3) members of the Planning and Zoning Commission shall constitute a quorum, and no action may be taken if less than five (5)three (3) members are present and voting. Staff Comment: This will allow the time to change to 6:30 p.m. and this will allow for a quorum if two members miss the same meeting. 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 the expiration of their terms 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, and to forward such amendments to the City Commi;cion for consideration. 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 prepare on its own initiative recommendations for amendments to the Comprehensive Plan, and to-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 finding—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 reper-ani 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. (6) - - - GOCAfFlisSieR (�) 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 incurious 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. BOARD OF ADJUSTMENT: Additionally, the Board of Adjustment will be dissolved with the Planning and Zoning Commission taking on the responsibilities below: 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; lc) 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. Staff Comment: The Board of Adjustment (BOA) has not had a scheduled meeting in two years. Part of the issue with potential variances is that potential applicants do not want to wait the two-three months for a BOA meeting to be scheduled and then a month for a City Commission hearing. Also, staff typically has to tell the applicant the variance request does not meet the threshold for recommending approval, and most times, a decision is made not to go forward. City staff has determined that by having a standing meeting each month within the P&Z Commission agenda and by making the variance more of a defined scheduled process, more applications will be received and processed. FINAL SITE PLANS AND SUBDIVISION PLANS: Lastly, the process for approving Final Large Scale Site plans and Subdivision plans is being proposed to be removed from recommendation from the Planning and Zoning Commission. The P&Z will still see Planned Unit Developments, which are done to a site plan level, rezonings, and the Preliminary Site Plan and Preliminary Subdivision plan review. Staff Comment: Development review for the City of Ocoee will experience a change in the near future with the recent adoptions of the SR 429 Overlay and the Downtown Master plan, as well as the CRA Target Areas. The development requirements of these defined areas are more of a function of architectural review and the projects place and space presence, then the traditional suburban auto oriented development criteria. Projects will be identified by their buildings and less on landscape buffers, parking lots, and stormwater ponds. Joint ponds that can be used as parks will take the place of the suburban ponds with large grassed berms. The review of these plans require a more trained discipline than can be provided by a volunteer Planning and Zoning Commission. Many local governments use Architectural Review Boards as a step to approval. RECOMMENDATIONS: Planning and Zoning Commission: Please see the "Excerpt" of the minutes of the Planning and Zoning Commission for April 10, 2018, attached to the staff report. STAFF RECOMMENDATION: Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an ordinance providing for amendments to the Land Development Code (LDC) relative to Article III, Section 3-2 and 3-3; Article IV, Section 4-3C and 4-4 G(3) Site Plans and Subdivision Plan review, and Section 4-9 Variances as proposed by staff. ATTACHMENTS: Proposed Ordinance Excerpt Minutes from April 10, 2018, Planning and Zoning Commission meeting. Resolution FINANCIAL IMPACT: N/A TYPE OF ITEM: (please mark with an "x") X Public Hearing For Clerk's Dept. Use: Ordinance First Reading (5/01/2018) Consent Agenda X Ordinance Second Reading(5/15/2018) x Public Hearing Resolution f Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby Collier N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A ORDINANCE NO. 2018 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 3-2 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A FIVE (5) MEMBER PLANNING AND ZONING COMMISSION; PROVIDING FOR A METHOD BY WHICH MEMBERS WILL BE APPOINTED BY THE MAYOR AND CITY COMMISSIONERS; AMENDING THE DUTIES OF THE PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION 4-3C AND PARAGRAPH 4-4G(3) OF THE CITY OF OCOEE LAND DEVELOPMENT CODE TO REMOVE FINAL SITE PLAN AND FINAL SUBDIVISION PLAN REVIEW FROM THE JURISDICTION OF THE PLANNING AND ZONING COMMISSION; AMENDING SECTION 4-9 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE AND SECTION 34-39 OF THE CITY OF OCOEE CODE OF ORDINANCES TO ALLOW THE PLANNING AND ZONING COMMISSION TO CONSIDER MATTERS PREVIOUSLY UNDER THE JURISDICTION OF THE BOARD OF ADJUSTMENT; AMENDING SECTION 3-3 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, DISSOLVING THE CITY OF OCOEE BOARD OF ADJUSTMENT; REPEALING CITY OF OCOEE ORDINANCE 89-19; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 163.3174, Florida Statutes, the City of Ocoee has established a Local Planning Agency/Planning and Zoning Commission; and WHEREAS, on August 15, 1989 the City Commission of the City of Ocoee ("City Commission") adopted ordinance 89-19 in which the City Commission established the meeting time for the City Planning and Zoning Commission; and WHEREAS, on July 21, 1992, the City Commission adopted Article III, section 3-2 of the City of Ocoee Land Development Code, to establish the Planning and Zoning Commission in Code and allow for adoption of rules; and WHEREAS, on March 9, 1993, the Planning and Zoning Commission confirmed ordinance 89-19 as the Planning and Zoning Commission's Rules of Procedure; and WHEREAS, on May 9, 2017, the Planning and Zoning Commission approved a motion to change its meeting time and to request the City Commission adopt an ordinance changing the meeting time to a 6:30 p.m. start time; and 1 WHEREAS, the City Commission of the City of Ocoee desires to amend Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code to amend the establishment and membership of the Planning and Zoning Commissioner, abolish the Board of Adjustment, revise the duties of the Planning and Zoning Commission, and to incorporate the rules from Ordinance 89-19 into the Code; and WHEREAS, on April 10, 2018, the Planning and Zoning Commission held a public hearing to consider the amendments proposed by staff to amend the Land Development Code as stated herein; and WHEREAS, the City Commission may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment of Section 3-2. Section 3-2 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 3.2 -PLANNING AND ZONING COMMISSION. A. Establishment and Membership. The Planning and Zoning Commission shall consist of nine (9) five (5) members appointed by the City Commission and one 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 residents of or owner of real property within the City of Ocoee,. as determined by the City Manager. When selecting members to the five (5) member Planning and Zoning Commission, the Mayor and each member of the City Commission shall ado each nominate up to two (2) members who meet the above qualifications select-persens from different geographical areas within the City so as to create geographical diversity and representation. From the nominees, the Mayor and each City Commissioner shall appoint five (5) members to 2 comprise the Planning and Zoning Commission. The highest ranked five (5) nominees will comprise the five (5) member Planning and Zoning Commission. 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. 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. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. Members and altemate 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 or alternate 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. 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. (I) The Planning and Zoning Commission shall elect a chairs and a vice chairs 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) Five (5) Three (3) members of the Planning and Zoning Commission shall constitute a quorum, and no action may be taken if less than five (5) three (3) members are present and voting. 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 the expiration of their terms 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, and to forward such amendments to the City . • •- . .. 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. 4 (3) To monitor the effectiveness of the Comprehensive Plan, make prepare on its own-initiative-recommendations for amendments to the Comprehensive Plan, this Ceder tex-t-and/ef-niaps7 and te-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 €i as to the consistency of the proposed land development regulation with the adopted Comprehensive Plan and .. - - • _ - • •• . 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 rept 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. (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; 5 (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 applicants (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. SECTION 3. Amendment to Section 4-3. Subsection C of Section 4-3 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 4-3. - SITE PLAN REVIEW FOR DEVELOPMENT NOT CLASSIFIED AS A SUBDIVISION. (SEE SECTION 4-4 FOR SUBDIVISION REVIEW.) C. Approval Process for Large Scale Final Site Plan. The Final Site Plan shall conform substantially to the Preliminary Site Plan as approved, and may constitute only that phase of the approved Preliminary Site Plan and other necessary improvements which the developer proposes to develop. The plans shall also conform to all requirements of these or other adopted City regulations. 6 Twelve (12) copies of the Final Site Plans and two (2) copies of the specifications for paving, drainage, utility systems and other improvements shall be submitted to the Planning Department for distribution to the Development Review Committee. After review and approval by the Development Review Committee, the Final Site Plan is scheduled for the Planning and . ..•: City Commission respectively on their the consent agendas. No building permit shall be granted prior to the approval of the Final Site Plan. Upon such approval, said Site Plan becomes a part of the building permit and that site plan and Site Plan may be amended only by authority and directive of the City Manager, or City Commission. Approval of the Final Site Plan shall be automatically voided if construction has not commenced within one (1) year from the date of Final Site Plan approval, subject however to concurrency management review at the time of building permit application. The City Commission may grant a one (1) year extension upon written request by the developer to the Director of Planning, provided that the plans still comply with current regulations. (All other provisions of section 4-3 of the City of Ocoee Land Development Code remain unchanged by this amendment.) SECTION 4. Amendment to Section 4-4. Paragraph (3) of Subsection G of Section 4-4 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 4-4. - SUBDIVISION REVIEW PROCESS. G. (3) Approval Procedure for Final Subdivision Plans. The Final Subdivision Plans shall conform substantially to the Preliminary Plan as approved, and may constitute only that phase of the approved Preliminary Plan and other necessary improvements which the subdivider proposes to record and develop. The plans shall also conform to all requirements of these or other adopted City regulations. Twelve (12) copies of the Final Subdivision Plans and two (2) copies of the specifications for paving, drainage, utility systems and other improvements shall be submitted to the Planning Department for distribution to the Development Review Committee. After review and approval by the Development Review Committee, the Final Subdivision Plan is scheduled for the Planning and Zoning Commission and City Commission respectively on their the consent agendas. Approval of the Preliminary Subdivision Plan and the Final Subdivision Plans shall be automatically voided if construction has not commenced within one (1) year from the date of Final Subdivision Plan approval. The City Commission may grant a one-year time extension upon written request by the Developer to the Planning Director, provided that the plans still comply with current regulations. (All other provisions of section 4-4 of the City of Ocoee Land Development Code remain unchanged by this amendment.) 7 SECTION 5. Amendment to Section 4-9. Section 4-9 of the City of Ocoee Land Development Code is hereby amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 4-9. -VARIANCES. The Board of Adjustment Planning and Zoning Commission may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the City unless and until: A. Application. A written application for a variance is submitted with the application fee demonstrating: (1) That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements; (2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. B. Findings. The Board of Adjustment Planning and Zoning Commission shall make findings that the requirements of this section have been met: (1) A public hearing on the proposed variance shall be held. The public hearing may be held prior to or simultaneously with the public hearing for approval of the Preliminary Plan. Both the Planning and Zoning Commission and City Commission public hearings must be advertised in a newspaper at least seven(7) days before each hearing. All property owners within three hundred (300) feet of the subject property must also be notified by mail at least seven (7) days prior to the hearing date. This notice may include information on both the Board of Adjustment Planning and Zoning Commission and City Commission hearings if the item goes before both Commissions. If the hearing information for 8 the City Commission meeting is not available at the time the notices must be sent for the Board of Adjustment Planning and Zoning Commission meeting, a second notice to property owners must be mailed seven (7) days before the City Commission hearing detailing the meeting time, place, and other particulars. (2) The Board of Adjustment Planning and Zoning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance which would make possible the reasonable use of the land, buildings, or other improvements. (3) The Board of Adjustment Planning and Zoning Commission shall make further finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. C. Planning and Zoning Commission and City Commission Action. In recommending any variance, the Board of Adjustment Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with these regulations and the City Commission may approve such conditions. 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 these regulations and Chapter 65-2015, Laws of Florida. SECTION 6. Amendment of Section 34-39. Section 34-39 of the City of Ocoee Code of Ordinances is hereby deleted in its entirety and the Board of Adjustment is dissolved SECTION 34-39—CONDITIONAL USE APPROVAL Before an adult entertainment establishment is approved, the Board of Adjustment Planning and Zoning Commission shall determine that the creation of the use is in the public interest and, in making this determination, shall be satisfied that: A. The location, size, operating and other characteristics of the proposed establishment shall be compatible with and shall not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. B. No adult entertainment establishment shall be allowed unless it complies with the distance requirements specified in section 34-38 or unless the Board of Adjustment Planning and Zoning Commission waives these distance requirements after finding that all appropriate regulations of this chapter will be observed, that the spirit and intent of this chapter will be observed and that the proposed use will not be contrary to the public interest or injurious to nearby properties. 9 SECTION 7. Amendment of Section 3-3. Section 3-3 of the City of Ocoee Land Development Code is hereby deleted in its entirety and the Board of Adjustment is dissolved: SECTION 3.3—BOARD OF ADJUSTMENT. The Board of Adjustment is hereby dissolved. Administrative Appeals alleging error in any order, requirement, decision, or determination made by an official of the City in the enforcement of this Code shall be submitted to the Director of Planning and will be heard by the City Commission. A. Establishment and Composition. more than one member and one alternate of the Board of Adjustment may employee of the City of Ocoee and all members shall be residents of the City of Ocoee: B. Terms of Office, Removal and Vacancies. • • - - -- -- one year. Members and alternates of the Board of Adjustment shall serve at the pleasure of the City Commission. Any vacancy occurring during the unexpired terms of office of any member or alternate shall be filled by the City Commission for the remainder of the term. Such vacancy shall be filled within thirty (30) days C. Officers, Rules and Procedures. (1) The Board of Adjustment shall elect a chairman and a vice chairman yearly employee of the City. (2) Members of the Board of Adjustment shall be appointed for three (3) year . . , ..• . - . . - . - - - - . •- , 10 D. Hearings, Appeals and Notices. . • : .., . . • .•. .. . . . . . . . . . - . . . . - _ - ... - - • . • _. E. Duties and Responsibilities. • .. - - - it is alleged there is error in any order, requirement, decision or determination (2) Variances. To hear and give recommendations on requests for variances from (3) All recommendations of appeals and variance requests are brought to the Ocoee City Commission for final decisions. In order to grant any variance from the terms of the Code, the City Commission must find: (b) That the special conditions and circumstances do not result from the actions of the applicant; (d) That literal interpretation of the provisions of this ordinance would 11 (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; In recommending any variance the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code. Under no circumstances shall the Board of Adjustment recommend a SECTION 8. Repeal of Ordinance 89-19. City of Ocoee Ordinance 89-19 is hereby repealed. 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. Codification. It is the intention of the City Commission of the City that the provisions stated in Sections 2, 3, 4, 5, 6, and 7 of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 11. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 12 PASSED AND ADOPTED this day of , 2018. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2018 READ FIRST TIME ,2018 READ SECOND TIME AND ADOPTED ,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 By: City Attorney 13 Mayor Commissioners Rusty Johnson John Grogan, District 1 1011 Rosemary Wilsen, District 2 Clty ManagerRichard Firstner, District 3 Robert Frank O CO e e George Oliver Ill, District 4 florida MINUTES PLANNING AND ZONING COMMISSION Acting as the Local Planning Agency - EXCERPT - 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 Richemond and Member Wunderlich. Also present were City Planner Rumer, Planner 1 Jones, Assistant City Attorney Crosby-Collier and Recording Clerk Heard. Absent: Member Frommer, Member Henderson and Member Sills (Excerpt from Meeting) IV. NEW BUSINESS (7:•47 pm) C. Public Hearing — Land Development Code (LDC) Amendment Regarding the Planning and Zoning Commission and Board of Adjustment Boards. (Advertised in the West Orange Times on Thursday, March 29, 2018) (City Planner Rumer) (A letter was handed out to the board members addressed to the City Commission from Vice- Chairman Keethler acting on behalf of the Planning and Zoning Commission.) Chairman McKey indicated before them are various proposed updates to the Land Development Code regarding Article III, Section 3-2 and 3-3; Article IV, Section 4-3C and 4-4 G(3) Site Plans and Subdivision Plan review and 4-9 Variances. City Planner Rumer explained the ordinance which sets the rules and procedures of this board has been under review because of the Board's request to change the starting 1iPage Planning and Zoning Commission Meeting April 10,2018 time and a recent request by the City Manager to review all City Boards and Committees. He indicated the Land Development Code review is going to change from suburban reviews to architectural reviews of building site plans. He explained how this board came to be a nine-member board and the current requirements to be on this board, which are none. He indicated this Board, which has no technical and/or professional requirements, has recommended denial due to technical issues on certain projects, which in turn can place the City in jeopardy. As a result of many underlying issues, City Staff has requested proposed updates to both the Planning and Zoning Commission and Board of Adjustment Boards. He followed up by explaining the City Commission did not advise City staff of any direction whatsoever. Vice-Chairman Keethler explained his handout, and questioned why Section 3.2 is under review when this Board only wanted a time change, which the starting time is not stated in Section 3.2. Assistant City Attorney Crosby-Collier explained the meeting start time is adopted in an ordinance from 1989, and it is prudent for the City to propose updates on any and all language when a review of policies and procedures is taking place. Further discussion ensued. Vice-Chairman Keethler announced the request to change the starting time was brought up about six months ago; and further, he shared he feels misinformed as it would have been nice to know that this request was going to start an assessment of this board. Further discussion ensued. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: This Item does not go before the DRC. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval amendments to the Land Development Code(LDC) relative to Article III, Section 3-2 and 3-3; Article IV, Section 4-3C and 4-4 G(3)Site Plans and Subdivision Plan review and 4-9 Variances. (9:05 pm) 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. After much discussion the Board went through each section explaining their viewpoints and performed a tally of who was/was not in favor of the proposed revisions. Amendment of Section 3-2.Section 3-2 of the City of Ocoee Land Development Code is proposed to be amended to read as follows with underlines showing additions and strikethroughs showing deletions: SECTION 3.2 PLANNING AND ZONING COMMISSION A. Establishment and Membership. The Planning and Zoning Commission shall consist of nine-(0)five (5) members appointed by the City Commission,. and one 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 21 Page Planning and Zoning Commission Meeting April 10,2018 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 work in or be residents 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 attete each nominate two (2) members who work or reside in select—persons different geographical areas within the City so as to create geographical diversity and representation. From the nominees, the Mayor and each City Commissioner shall vote for five (5) members to comprise the Planning and Zoning Commission. The five (5) nominees with the highest number of votes will comprise the five (5) member Planning and Zoning Commission. Subseauent 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 Commissioner may nominate UD to two (2) nominees each in the event of a vacancy. Staff Comment: The nine (9) members Planning and Zoning Commission has in recent years become lax in meeting attendance and performing the responsibilities of the commission. Also, the City Commission has not thoroughly vetted applicants to take on the responsibility of the vacant positions. One recent Planning and Zoning Member resigned after the first meeting upon learning what the position filled required. What has resulted is a Planning and Zoning Commission that has not met quorum requirements on separate occasions resulting in the need to re-advertise cases, made recommendations that violates the duties of the Commission, and made a motion not to make a recommendation to the City Commission. After discussion ensued: (9.13 pm) Five (5) out of Five (5) Members stated the revised language above is not warranted: and further, the current language should remain as is. 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. Original appointments may be made for a lesser number of years so that the terms of the said members shall be staggered. Members and alternates 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 or alternate 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. Absence by any member from three (3) meetings of the Planning and Zoning Commission 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. Staff Comment: Members of the Planning and Zoning Commission have missed numerous meetings each year(see Attendance Logs). After discussion ensued: (9.20 pm) Five (5) out of Five (5) members are not in agreement with the new language above and recommended revising the language to state "When a member is absent from three (3) or more meetings per calendar year, the Planning and Zoning Commission may recommend to the City Commission that the member be removed." 3IPage Planning and Zoning Commission Meeting April 10,2018 C. Officers, Rules of Procedure and Quorum. (1) The Planning and Zoning Commission shall elect a chairman and a vice chairman 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. Staff Comment: This will allow the time to change to 6:30 p.m. After discussion ensued: Five (5) out of Five (5) Members stated the new language above is acce tp able. (3) eve-(6)Three(3) members of the Planning and Zoning Commission shall constitute a quorum, and no action may be taken if less than five-(b)three(3) members are present and voting. Staff Comment: This will allow for a quorum if two members miss the same meeting. After discussion ensued: Five 5) out of Five (5) Members are not in afire•ment with restructuring this board o a ive 5 -mber board• and urther stated a three 3 member 'uorum is not enou•h to mak- recommendations for a size of this city. This Board is recommending to maintain the current nine (9) member board. 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 the-expirat on of their terms 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. Wage Planning and Zoning Commission Meeting April 10,2018 After discussion ensued: Five (5) out of Five (5) Members stated the revised language above is not warranted; and further, the current language should remain as is. 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 map , --: - - -- - - - - •_• - •_ • - 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 to forward such 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 and to _ - -- - - - • _ -•• - - • • --•-•. 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 and/of 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. (a} 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. 5IPage Planning and Zoning Commission Meeting April 10,2018 After discussion ensued: (9.32 pm) Four (4) out of Five (5) Members stated the revised language above is not warranted: and further, the current language should remain as is. BOARD OF ADJUSTMENT: Additionally, the Board of Adjustment will be dissolved with the Planning and Zoning Commission taking on the responsibilities below: 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. Staff Comment: The Board of Adjustment(BOA) has not had a scheduled meeting in two years. Part of the issue with potential variances is that potential applicants do not want to wait the two-three months for a BOA meeting to be scheduled and then a month for a City Commission hearing. Also, staff typically has to tell the applicant the variance request does not meet the threshold for recommending approval, a decision is made not to go forward. City staff has determined that by having a standing meeting each month within the P&Z Commission and by making the variance more of a defined scheduled process, more applications will be received and processed. After discussion ensued: Five (5) out of Five (5) Members are in favor of adding the responsibilities of the Board of Adjustment to the Planning and Zoning Commission. FINAL SITE PLANS AND SUBDIVISION PLANS: Lastly, the process for approving Final Large Scale site plans and Subdivisions is being proposed to be removed from recommendation from the Planning and Zoning Commission. City Staff has determined that upon review from other jurisdictions this type of recommendation is not typically found in the review. The 61 Page Planning and Zoning Commission Meeting April 10,2018 P&Z will still see Planned Unit Developments which are done to a site plan level and the Preliminary Site Plan and Preliminary Subdivision Plan. Ater discussion ensued: Five (5) out of Five (5) Members are against removing the Final Site Plans and Subdivision Plan om the r'view and recommendation res son ibilities s the Plannin' and Zi nin' Commission. Chairman McKey announced he wants to recommend adding a new responsibility to this board, which is to review all small scale projects that range from 10,000 square feet to 25,000 square feet. After discussion ensued:(9:41 pm) Four 4 out o Five _ Members ore in a. eement o addin' small scale ro'ects th o ran'e from 10.000 square feet to 25.000 square feet to he res son ibilities o th' Planning and Zoning Commission for review and recommendations. (9:43 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Amendments to the Land Development Code (LDC) as forwarded by City staff with the following exceptions: Section 3.2A - Disagree with amending; Section 3.2B - Revise the last proposed sentence to read, "When a member is absent from three (3) or more meetings per calendar year, the Planning and Zoning Commission may recommend to the City Commission that the member be removed. Section 3.2C(3) - Disagree with amending; Section 3.2F- Disagree with amending; Section 3.2G— Disagree with amending except for adding the responsibilities of the Board of Adjustment; Final Site/ Subdivision Plans— Disagree with removing the review of plans; and further, the Board recommends that the criteria for reviewing site plans be reduced from 25,000 square feet to 10,000 square feet, subject to resolution of the remaining staff comments before the City Commission meeting: Moved by Vice- Chairman Keethler, Seconded by Member Richemond; motion passed 5-1 with Member Wunderlich opposinq. 71 Page Planning and Zoning Commission Meeting April 10,2018 City Planner Rumer explained to the Board this proposed amendment with a detailed staff report and the draft minutes will go before the City Commission at the first meeting in May as a first reading of ordinance; and further, the second reading of ordinance will be held on May 15, 2018. Vice-Chairman Keethler indicated he believes that will not adequately convey all of the concerns he has. He said he will send a letter to the City Commission addressing these concerns along with attending the City Commission meetings. Chairman McKey recommended to the Board to reach out to their respective commissioner about their concerns. I. MISCELLANEOUS A. Project Status Report — City Planner Rumer announced as of today there will be no meeting next month. B. April Calendar - None II. ADJOURNMENT - 9:58 pm ATTEST: APPROVED: Kathy Heard, Recording Clerk Rob McKey, Chairman 81 Page RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO THE PLANNING AND ZONING COMMISSION; PROVIDING FOR A MEETING TIME; PROVIDING FOR DISSOLUTION OF THE EXISTING NINE MEMBER PLANNING AND ZONING COMMISSION; PROVIDING A TIME LINE FOR APPOINTMENT AND TRAINING OF THE FIVE MEMBER PLANNING AND ZONING COMMISSION APPROVED IN ORDINANCE 2018- ; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15, 2018, the City Commission of the City of Ocoee ("City Commission") approved Ordinance 2018- amending Section 3-2 and Section 3-3 of the City of Ocoee Land Development Code to change the establishment and membership of the Planning and Zoning Commission, abolish the Board of Adjustment, revise the duties of the Planning and Zoning Commission, and to incorporate the rules from Ordinance 89-19 into the Code; and WHEREAS, pursuant to Section 2 of Ordinance 2018- , the City Commission is authorized to establish a meeting time for the Planning and Zoning Commission; and WHEREAS, pursuant to Section 3 of Ordinance 2018- , the City Commission is authorized to dissolve the existing nine member Planning and Zoning Commission and provide for appointment and training of a five member Planning and Zoning Commission; and WHEREAS, the City Commission may exercise any power for municipal purposes, except as expressly prohibited by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Florida Constitution, and Chapter 166, Florida Statutes. SECTION 2. Time of Meetings. The City Commission hereby directs that the regular Planning and Zoning Commission meetings will be held on the second Tuesday of each month and will begin at 6:30 p.m. SECTION 3. Establishment of Five Member Planning and Zoning Commission. Members of the five member Planning and Zoning Commission shall be selected in accordance with the procedure established in Section 2 of Ordinance 2018- . All members of the Planning and Zoning Commission established in Ordinance 2018- shall be appointed and trained on or before July 10, 2018. SECTION 4. Sunset of the Nine Member Planning and Zoning Commission. The Planning and Zoning Commission established by ordinances adopted prior to the effective date of Ordinance 2018- and this Resolution shall continue and members appointed pursuant thereto shall continue to serve until May 31, 2018. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 6. Effective Date. This resolution shall become effective immediately upon passage and adoption. -2- PASSED AND ADOPTED this day of , 2018. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY RESOLUTION APPROVED THE CITY OF OCOEE,FLORIDA; BY THE OCOEE CITY COMMISSION APPROVED AS TO FORM AND ON LEGALITY this day of , UNDER AGENDA ITEM NO. 2018. SHUFFIELD,LOWMAN& WILSON,P.A. By: City Attorney -3- COPY OF ADVERTISEMENT Date Published and Media Name ;Times ThaiIIda y May 3 2818 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE NOTICE IS HEREBY given that the City of Ocoee City Commission will consider a proposed amendment to the City of Ocoee Land Development Code. The OCOEE CITY COMMISSION will hold a public hearing on the proposed amendment on TUESDAY,MAY 15,2018,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 . SECTION 3-2 OF THE CITY OF OCOEE LAND DEVELOPMENT CODS, 'RELATING TO THE PLANNING AND ZONING COMMISSION;PRO-„, VIDING FORA FIVE(5)MEMBER PLANNING AND ZONING COMMIS- SION; OMMISSION;PROVIDING FOR A METHOD BY WHICH MEMBERS WILLBE APPOINTED BY THE MAYOR AND CITY COMMISSIONERS;AMEND- IPTG TILE DUTIES OF THE PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION 4-3C AND PARAGRAPH 4-4G(3) OF C11YOF OCOEE LAND DEVELOPMENT CODE TO REMOVE FINAL`v PtAND FINAL SUBDIVISION PLAN REVIEW FROM THE JURIST) ►; OF THE PLANNING AND ZONING COMMISSION;AMEND I SE/TION 4-9 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE i*SECTION 34-39 OF THE CITY OF OCOEE CODE OF ORDINANCES a THE PLANNING AND ZONING COMMISSION TO CON - t :". MATTERS PREVIOUSLY UNDER THE JURISDICTION OF TILE .. h e OF ADJUSTMENT;AMENDING SECTION 3-3 OF THE CITY O c's S EE LAND DEVELOPMENT CODE,DISSOLVING THE Cul OF a a t ur BOARD OF ADJUSTMENT;REPEALING CITY OF OCOEE OR- D€_,. CE 89-19; PROVIDING FOR SEVERABILITY; PROVIDING FOR a e u 5 t• CATION;PROVIDING FOR AN EFFECTIVE DATE. Iattral*d parties may appear at the public hearing and be heard with respect to t e proposed actions above.The complete case file may be inspected at the Oooeelnevelopment Services Department/Planning Division located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00 pan.,Monday through Friday,except legal holidays.The City Commission may centime this public hearing to other dates and times,as it deems necessary. Anyhitelested party shall be advised of the dates,times,and places of any con- tinned=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 pub- lic hearings will need a record of the proceedings and for this purpose may need to.msure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabili- ties 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. Melanie Sibbitt,City Clerk May3,2018 18-02284W