P & Z Minutes 09/10/2008 - Laserfiche WebLink

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Planning & Zoning Commissionl local Planning Agency September 10, 2008 Page 3 of6 David Henson Yes Michael Buchanan Yes Harley Parkhurst Yes Stanley Weinroth Yes Anthony Aramendia Yes Nathan Van Meter Yes Edmund Bakalla Yes The motion passed unanimously. Third Item of Business: lPA 07-13: Eminent Domain Continued. UlDR Amendment to add criteria for eminent domain for acquisitions for public projects. Ms. Sandra Smith, Chief Planner, reviewed the information provided in her memorandum dated September 5, 2008, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Ms. Smith said she has had discussions with Ms. Robin Drage, City Attorney, regarding conforming and nonconforming status of a site taken by eminent domain. Ms. Drage spoke with the attorneys that have implemented this ordinance in Orange County and the City of Orlando. Ms. Smith said based on the information provided by Ms. Drage, it would be appropriate to add some additional verbiage to the ordinance for clarification purposes, Ms. Smith deferred to Ms. Drage to explain further. Ms. Drage said the purpose of the ordinance is to avoid the City or other governmental agency from having to pay damages to property owners because a use that was conforming became nonconforming because of a taking. She said this ordinance only applies to the nonconformity that resulted from the taking. She said if a property is presently nonconforming it would not become conforming in the nonconformities that are presently there. The only part of the property that would become conforming is that property related to the taking. She suggested revising the language in sections E.1, E.3 and E.6. Ms. Drage said Orange County adopted this ordinance in 1995. She said they found it to be a very positive tool in dealing with any type of eminent domain issue. She said it has been very beneficial to Orange County and to the Florida Department of Transportation. Ms. Drage said she also spoke with several attorneys from the City of Orlando. The City of Orlando's experience has been more limited; however, when they have utilized it, it has been very helpful to them. A general discussion ensued regarding determination of conforming and nonconforming in a taking, the administrative official's role and property owner's damages due to the loss of value in the taking.