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03-08-1994 MINUTES OF THE PLANNING AND ZONING COMMISSION `kw REGULAR MEETING HELD TUESDAY, MARCH 8, 1994 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:30 p.m., followed by a moment of silent meditation and the pledge of allegiance. The determination of a quorum was made. PRESENT: ing Chairman Switzer, Members Landefeld, Miller, and Alternate McKey. Also present were Administrative Services Director Beamer, Capital Projects /Concurrency Analyst Resnik, Planning Director Wagner, Deputy Clerk King, and Clerk/Stenographer Lewis. ABSENT: Members Bond, Jones, Rhodus, Swickerath, and Alternate Draia. CONSENT AGENDA The consent agenda consisted of items A, B, and C. Chairman Switzer corrected item B on page four (4), under New Business, Case No. CPA- 94 -1 -2 to read "Member Landefeld, seconded by Member Rhodus, amended the motion to include a recommendation that the City Commission examine the proposed level of service on each segment individually." Planning Director Wagner corrected item B on page three (3), New Business, Case No. CPA- 94 -1 -2, line five (5) to read "...urbanized district, not an urban district." Chairman Switzer asked for an explanation on item C, the sewer capital charge, and Analyst Resnik said it was $2,865 per ERU. Administrative Services Director Beamer said the sewer capital charge is for the construction or any modifications to the treatment plant and any type of lines that the City must put in but not including any of the developer improvements. Member Landefeld asked whether the "Prior to approval of final subdivision plan and projects or any portion thereof, the applicant /owner will need to apply to obtain final certificate of concurrency." meant grandfathering in or applied to the new changes. Analyst Resnik said Lot 1 was what is current in Article IX. Alternate McKey asked the location of the Ocoee Industrial Park and Planning Director Wagner said it was northwest of Story Road in the existing park. Member Landefeld seconded by Member Miller, moved to approve and accept the consent agenda as .resented sub'ect to the corrections in item B. Motion carried 4 -0. A. Minutes of the Regular Planning and Zoning Commission Meeting of February 8, 1994. B. Minutes of the Special Planning and Zoning Commission (Local Planning Agency) Meeting of February 24, 1994. C. Ocoee Industrial Park, Phase I (Lot #1) Final Subdivision Plans Planning and Zoning Commission Regular Meeting March 8, 1994 'hr NEW BUSINESS LAND DEVELOPMENT CODE AMENDMENT (Public Hearing) ARTICLE IX: CONCURRENCY MANAGEMENT Chairman Switzer said the Board would be acting as the Local Planning Agency. Capital Projects /Concurrency Analyst Resnik said the staff had put together a proposed amendment to Article IX, Concurrency Management which will replace the existing Article IX, Concurrency Management. There are four (4) major changes and some clean -up items which will make the process clearer for developers and the procedures easier for the City staff. The major changes are as follows: 1) Allow for greater flexibility on timing of parks and transportation improvements. Parks may be dedicated up to one (1) year from the issuance of a Certificate of Occupancy. Transportation facilities may be in place or under construction up to three (3) years from the issuance of a Certificate of Occupancy. These future improvements would be either part of the Capital Improvements Plan of the City or guaranteed through Developer's Agreements. 2) Allow for a more realistic picture of existing roadway conditions by counting only existing traffic and traffic from projects that have been issued a Final Certificate of Concurrency on building permit. This would mean that vested developments would not be counted for concurrency purposes until they are issued permits. 3) Provide developers the option of obtaining Final Certificates of Concurrency and Transportation Capacity Reservation Certificates once preliminary plans have been approved. This would reduce the up front risks for the developers and enable them to secure the necessary approvals to obtain financing for their projects. It would enable the City to receive funds for capacity at an earlier time period, which would help in the planning for infrastructure improvements. 4) Close a loophole in the current Article IX which permits developers to continuously renew transportation reservations for 90 -day periods simply by applying for new Final Certificates of Concurrency at $100 per certificate. The proposed change would allow only one 90 -day renewal, after which a developer would have to lock in the reservation by obtaining a transportation capacity reservation certificate. This would force the payment of a certain portion of road impact fees up front. These changes are the result of having lived with loopholes for two (2) years. When Article IX was originally written the City was in the same position with everyone else. No one had ever done this before and the people who had written it basically looked at a model code and said this is what everyone else is going to be using. After working with it staff has seen the changes that are necessary. 2 Planning and Zoning Commission Regular Meeting March 8, 1994 vlr The public hearing was opened and no one wished to speak. The public hearing was closed. Member McKey asked for an explanation on pages 18213 - 18214 of Exhibit "A" concerning traffic counts extracted from the current "reserved vested" counts under the new Article IX. Analyst Resnik pointed out the State had exempted six (6) items showing they do not impact the roadway system enough for the City to bother measuring. Annually the staff takes the amount of the vested projects built turning them into existing trips. They are subtracted out of the vested portion and counted as existing. For example, the Good Homes Plaza shopping center shell is built, the traffic generated by that is now considered existing traffic on the road today. There are two out - parcels that have not been built, but are still in the City system as vested developments that are presently counted as if they were built. If the new Article IX is adopted they will not be counted until building permits are pulled. Ms. Resnik explained that Maguire Road is now on the infrastructure deficiency map as not having enough capacity. If it were the case tomorrow after all the vested projects were taken out and if the City had it within the year one, two, or three (1, 2, or 3) of its five (5) year Capital Improvements Program then that developer could build because it is a planned improvement. It must be planned with money backing it up and not simply a "pie in the sky" idea that the City has to widen the road. Impact fee monies or a bond issue must be in place. If a specific improvement is tied to a development or if a developer wanted to proceed so badly they were willing to take on a larger improvement, they would enter into a Developers Agreement and could begin pulling Certificates `'fir. of Occupancy immediately, but within three (3) years some improvements must be made. Member McKey asked if the City adopts this plan would that allow the City to improve Maguire Road sooner. Ms. Resnik said in one respect it will help in allowing more growth to take place immediately. Monies will be collected sooner on impact fees than if the developer was told to come back after the road was widened. Planning Director Wagner said the City is not getting any money with the current procedure. The change will allow the City to collect the fees needed for the improvements. Chairman Switzer asked if the City was giving up anything on the park lands, the size, capacity and activities. Analyst Resnik said Article IX will not consider any of the Comprehensive Plan Amendments that the Board had seen recently on recreation. In order for this to remain consistent with the Comprehensive Plan as it is today, those things will remain in Article IX. How the City looks at parks in the future is a planning issue and should be dealt with in the Comprehensive Plan Amendment. Planning Director Wagner clarified that what had previously been transmitted to the state was the actual amendment to the Comprehensive Plan which changed the standards. This is the Land Development Code and the City had made those changes it could in order to loosen up concurrency. The Board will review it again once the amendment has been approved by the State. At that time the City will incorporate the changes and standards into the Land Development Code. He said the Board was seeing around 90% of the changes now and the rest would follow. The City will ultimately adopt the State r 3 Planning and Zoning Commission Regular Meeting March 8, 1994 '1rr standard for active park space which is four (4) acres per 1,000 in population. He said this is a hefty standard compared to other local communities. The City cannot make this change at this time as it would not be consistent with the Comprehensive Plan. It is very important for the Local Planning Agency to find this to be consistent. Member Miller asked for an explanation on page 18218 of "Exhibit A" and asked about the discussion of the relationship on the timing of the Capital Improvements Budget process and staff recommendation to the City Commission. Analyst Resnik explained that it is an on -going process, that the budget is usually done in the summer and Staff discussion will cover what needs to be put in to keep the roads, parks, etc. concurrent. If the City Commission chooses not to pick something it will show on the infrastructure deficiency map and that area will be closed to development until such time as something is done about the improvement. Ms. Miller also questioned page 18223 and asked if there was a fee to file an application to shift capacity. Analyst Resnik said there was a $50 fee to process the application. Staff looks at why a developer wants to shift, whether or not he had made a good faith effort to use that capacity in that given year, the circumstances on why they did not use it, and if they want to pay up another portion of their impact fee to hold it. Member Miller drew attention to the fact that there is both an Orange County and State of Florida Department of Environmental Protection so the word Florida should be added on pages 18230 and 18234. `a. Member Landefeld seconded b Member McKe moved to recommend that the Board of Cit Commissioners a s • rove the s ro . osed Article IX and that it is consistent with the Comprehensive Plan. Motion carried 4 -0. OLD BUSINESS None OTHER BUSINESS MEMBERS /REAPPOINTMENT (Pat Bond and Darlene Rhodus) reappointed for another term (3 years) Chairman Switzer announced that Pat Bond and Darlene Rhodus had been reappointed for another term of three (3) years. He stated they were a great asset to the Commission. SELECTION OF PLANNING ADVISORY COMMITTEE (PAC) MEMBERS (2) Planning Director Wagner explained the Joint Planning Area Agreement with Orange County. As part of that agreement a Planning Advisory Committee had been established in hopes of avoiding disputes over land use issues in the future. It was felt that a citizens type group similar to the City planning boards could mediate and come to an agreement on these issues. Within that agreement it was established for the City of Ocoee to choose two members and the County 4 Nur Planning and Zoning Commission Regular Meeting March 8, 1994 *t.► to choose two to serve on that committee. These four members would choose a fifth person. This group would meet only when there was a dispute over any of the land uses that are incorporated in the Joint Planning Area Map. Mr. Wagner said the City had gone through extensive negotiations with the County over the agreement and the map is so significant that changes are not anticipated. In their March 1 meeting the City Commission had requested the Planning and Zoning Commission poll their membership for interest in serving on the Planning Advisory Committee. By consensus the Planning and Zoning Commission recommended to the City Commission the appointment of the Chairman and the Vice Chairman of the Plannin' and Zoning Commission to serve on the Planning Advisory Committee. STATUS REPORT ON PUBLIC HEARING DATES FOR DEVELOPMENT OF REGIONAL IMPACT (DRI) AND COMPREHENSIVE PLAN AMENDMENTS (CPA'S) Planning Director Wagner said members had been given copies of formal notices which had been sent to the Regional Planning Commission regarding the Lake Lotta Mall and the Lake Lotta Center (DRI). In order to meet legal requirements it is important for members to be in attendance. Both projects have been given a 30 day extension on their review. The dates for the public hearings are scheduled from the Region. There will be no formal staff report for the meeting. In order to meet the letter of the law, the advertising requirements, etc., the City must hold these public hearings for both the DRI and the CPA. Mr. Wagner said he anticipates that the public hearings will be opened and then be continued to a date certain. However, there may Ir be citizens there who wish to speak and the Board will need to hear them. Approximately one month later when the hearing is continued, the main focus will be the recommendation on the Comprehensive Plan Amendment, as well as the Board's review and the DRI. There will be information from the Region included for consideration. A Project Review Committee of the Regional Planning Commission will have met that day of the scheduled meeting (April 14) so the Board will hear what staff is recommending to the full Metropolitan Planning Organization and the Regional Planning Commission. Member McKey asked when the Regional Planning Council would be meeting and Mr. Wagner said on April 20. Planning Director Wagner said staff had issued its own report to the Regional Planning Commission and did recommend at that time to go ahead with the mall, with staff support. The mall covers 1,000,001 sq. ft. and another 100,000 sq. ft. of out - parcels. Staff has suggested non - support of the Lake Lotta Center and recommended keeping the underlying PUD in place. Traffic conditions, along with what would happen to the roads was an important factor. Issues over vested trips had not been resolved. The City had wanted to be conservative. Administrative Services Director Beamer said that because of the enormity of vested trips to the mall or the center, either an exclusion or inclusion of those vested trips really does not matter. There are certain improvements that are going to be triggered anyway and vesting in or out does not make much difference. In the number of departments looking at that, from the County and the State, they are not looking at the City's concurrency system when they suggest at the Regional level what improvements occur. Planning Director Wagner said it is a local issue. It will be looked at whatever the '411v 5 Planning and Zoning Commission Regular Meeting March 8, 1994 'firw regional impacts are, regardless of outline, or set of conditions, and it will be for staff to determine what effect, if any, those vested trips have on the roads. This City ultimately writes the Development Orders and the City must be concerned with the developer, not the Region and the State. There are other issues such as aggregation, a State issue, which the City is not involved. There are different levels of review. COMMENTS Member McKey said he was concerned with conservation of the trees and the Arbor Ordinance. Planning Director Wagner said he had met with Commissioner Gleason and City Manager Shapiro last week and that Commissioner Gleason was presenting the same concerns. In revisions of the new Land Development Code he has been directed to incorporate the tree survey system, requiring information up front from the developers. Currently the tree survey is required only at building permit time. Chairman Switzer said it would be a real tragedy to this City to continue with the "after the fact" tree surveys. He said he hoped the changes occurred in the foreseeable future and that the Board would be derelict in its duty to allow these people to just come in and bulldoze down everything to build. He also said he hoped staff would prevail in saving as many trees as possible. Planning Director Wagner said the revisions will come soon but staff did not want to piece -meal the amendments. ADJOURNMENT The meeting adjourned at 8:30 p.m. °! 1 AROLD S IT R, Ch. • • an ELLEN KING, Deputy Cl k J DIE LEWIS, Clerk/Stenographer 6