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05-12-09 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MAY 12, 2009 CALL TO ORDER Chairman Sills called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, Dillard (arrived at 7:03 p.m.), McKey, Morris, Rhodus, and West. Also present were City Attorney Rosenthal, Development Services Director Shadrix, City Engineer Wheeler, Principal Planner Rumer, C.!. P. Manager Butler, and Deputy City Clerk Sibbitt. ABSENT: Member Conkling was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, April 14, 2009. Member CamDbell. seconded bv Member McKev. moved to acceDt the Minutes of the ADril 14. 2009. Plannina and Zonina Commission meetina. Motion carried unanimouslv. OLD BUSINESS - None NEW BUSINESS Chanaes to the Ocoee Land Development Code Principal Planner Rumer gave a brief background summary stating that the City has begun the process for the involuntary annexation of Phases 2 & 3 of the Rose Hill subdivision. Upon review of the Florida Statute requirements and the Land Development Code requirements, staff found the LDC to be more arduous then the requirements of the Florida Statutes. Principal Planner Rumer discussed the details of the proposed amendments to the LDC that are being requested to Section 1-10 and Section 5-9. Section 1-10 1. . Breaks Section 1-10 A (1) into six (6) separate subsections to be more user- friend Iy. 2. Removes the requirement of a posted notice on property(s) in the case of a City initiated annexation. Planning and Zoning Commission Regular Meeting May 12, 2009 3. . Changes the requirement that a property owner be notified by Certified Mail to Regular Mail, when the annexation is initiated by the City to be in accordance with the requirements of Chapter 171, Florida Statutes. 4. Amends the requirements for noticing in the newspaper to allow an advertisement to run in the West Orange Times rather then the Orlando . Sentinel when the Florida Statutes do not have specific requirements. 5. Permits mailed and published notices for the Planning and Zoning Commission meetings to include all actions into a single combined notice. 6. Adds an additional subsection making the noticing requirements of this section applicable to public hearings held by the P&Z and City Commission for annexations, rezonings, and Comprehensive Plan Amendments. Section 5-9 1. Clarifies the criteria to be met for properties requesting voluntary annexation. 2. States that the City may leave the Orange County zoning in place upon annexation. 3. . Removes section on noticing as it is a duplication of Section 1-10. DISCUSSION Member McKey asked, according to the way it is presently written, what is the process that a person would have to take if they do not want to be annexed. Principal Planner Rumer explained that under the voluntary annexation, 100% of the property owners come to the City and ask to be annexed. The City by policy does not seek involuntary annexations. The Rose Hill subdivision came to the City and the City had them take some steps before the City spent the time and money. The subdivision took an HOA vote and the property owner's voted almost unanimously. He further explained under involuntary annexation, if the City is looking to annex an area and there is one person who does not want to sign on, then they would have to follow the Florida Statutes and they would also follow the regular guidelines in the LDC. City Attorney Rosenthal added that there would be a referendum in connection with any involuntary annexation which would most likely be by mail. He further stated this LDC amendment would stream line the process and they would follow the state's guidelines for involuntary annexations. Principal Planner Rumer briefly explained that under the involuntary annexation, which is done by referendum vote, they would not only send all the property owners notices for the Public Hearings for P& Z but also the two Public Hearings for the ordinances before the City Commission. He further stated they would also have to send notices stating that under the referendum vote only registered voters are able to vote in the referendum. Member Rhodus inquired if there would be any follow-up planned for residents who may not open their letter since it is not certified mail. Principal Planner Rumer stated that there is not anything under the code that requires a follow up letter. City Attorney Rosenthal stated this is 2 Planning and Zoning Commission Regular Meeting May 12, 2009 not any different then a normal Public Hearing where they just send out letters regular mail and do not go back to check and see if someone has read it. Member West clarified that they had to be a registered voter to vote. Principal Planner Rumer stated that is correct, only those that live at that address and are a registered voter can vote. Member Rhodus inquired as to what happens if it is a rental property and is not owner occupied. City Attorney Rosenthal stated only registered voters can vote. Principal Planner Rumer briefly explained some provisions required and further announced that they get owner addresses for the property from the property appraiser's website. A brief discussion ensued regarding registered voters, costs in mail outs, and concern of local newspaper mentioned in the code. The Public Hearing was opened and as no one wished to speak. The Public Hearing was closed for the Changes to the Ocoee Land Development Code. Member CamDbell. seconded bv Member West. moved to recommend aooroval of ' the prooosed amendments to the Land Development Code. Motion carried unanimouslv. Principal Planner Rumer briefly announced that City staff, in order to facilitate the Rose Hill Annexation in a timely manner, would like to call a Special Meeting for.June 1ih. They will still have their Regular Meeting on June 9th. MODIFICATIONS TO ARTICLE 4. OCOEE LAND DEVELOPMENT CODE C.I.P Manager Butler gave a brief presentation on the current Plat Review Process, proposed new Lot Split Review Process, and the proposed modification to the Short-form Plat Review Process. He further explained that one of the iss'ues they came across which inspired these changes to the LDC was a conflict between the LDC and the Florida Statute on the definition of a "subdivision". As well, they have had issues with the high cost and high effort both on the part of the applicant and the City, which does not really give out a lot of benefit. C.I.P. Manager Butler briefly provided a PowerPoint presentation and explained the proposed processes for Lot Splits and Short-form Platting. DISCUSSION Member West inquired as to what the thinking was behind the lot split having to be platted prior to 1991. C.I.P. Manager Butler stated that is a year that is commonly used by local governments and relates to time when changes occurred in the way plats were filed with the Property Appraiser's Office. Member West further inquired if a person had something platted in the 1960's would that pose a problem. C.I.P. Manager Butler clarified that the plat had to be recorded before 1991 so the older plats would do. He further stated that one of the things they 3 l Planning and Zoning Commission Regular Meeting May 12, 2009 have talked about doing is to recognize the ability of commercial subdivisions that evolve over time as lots sizes are determined at the time of sale. Member Dillard inquired as to what the average time frame was for the current short-form subdivision review process. City Engineer Wheeler stated the original short-form process could drag out almost as long as if you had a large subdivision. He further explained the new process and the expected quickness in turn around time. Member Dillard inquired if the short-form version would now take about 30- 60 days. City Engineer Wheeler stated they are thinking a couple of months if the applicant has everything. Member McKey inquired if the forms are written so that the average college-educated homeowner could do this or if professional help was needed. Mr. Wheeler stated if they are subdividing their property, then they would still need services of a surveyor and they could advise the homeowner. C.I.P. Manager Butler stated that one of the reasons they have the pre- application conference is so that they can go through the platting process with the property owner and make sure they understand it. Vice Chair Golden stated he likes what they did and the simplification of the forms. He further inquired about the flat fee and if that would be beneficial to the City. C.I.P. Manager Butler stated for this type of process it is not size dependent in terms of amount of time put in by the City, so a flat fee is sufficient. The Public Hearing was opened and as no one wished to speak. The Public He,aring was closed for the Modifications to Article 4, Ocoee Land Development Code. Member McKey. seconded bv Member Dillard. moved to recommend aooroval of the orooosed amendments to the Land Develooment Code as follows: orooosed ordinance with modifications to LDC Article 4. orooosed lot solit aooroval orocedure. orooosed short-form aoproval procedure. orooosed lot solit aooroval aoolication (Form 35). orooosed short-form subdivision aooroval aoolication (Form 28). and oroposed owner's affidavit (Form 36). As well as. include the correction to the ordinance under Lot Solit Plan Aooroval Procedure to include: HOA Restrictive Covenant's reauired for aooroval on lot solit. Motion carried unanimouslv. MISCELLANEOUS Member McKey. seconded bv Member West. moved to call a Soecial Meetina of the Plannina and Zonina Commission for June 17. 2009. at 70.m. Motion carried unanimouslv. Development Services Shadrix commended Principal Planner Rumer for the Rose Hill Annexation since this is something new for the City to undertake and commended C.I.P. Manager Butler for streamlining the lot splitting process. He 4 Planning and Zoning Commission Regular Meeting May 12, 2009 further stated they will be entering into a contract with University of Central Florida to further streamline a lot of their operational processes and it will result in having online applications for building permits, site plan approval, zoning requests, and land use amendments. It seems the theme for this evening is to streamline. Development Services Shadrix stated that streamlining is not taking things out th~t are important but instead shortening the process to include the things that are important as well as clarifying them. He further briefly explained the new process that the University of Central Florida would be taking to help their staff in working efficiently. ADJOURNMENT The meeting adjourned at 7:53 p.m. APPROVED: 5