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
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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
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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
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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:
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