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CASSI;LBI;RRY CITY COMMISSION Minutes of June 14, 2010 -Regular Meeting Page 8 of 16 D. First Reading of Ordinance 10-1332 - ULDR Amendment for Major Thorou hg_fare Mixed Use Exception The City Clerk read Ordinance 10-1332 by title as follows: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING THE CITY OF CASSELBERRY, FLORIDA, CODE OF ORDINANCES, PART HI, UNII'IED LAND DEVELOPMENT REGULATIONS, CHAPTER II, "DISTRICT AND GENERAL REGULATIONS" TO ADD A FOOTNOTE TO TABLE 2-4.2, "FUTURE LAND USE MPA DESIGNATIONS AND ZONING DISTRICTS"; AMENDING SECTION 2-8.1, "PURPOSE AND INTENT" OF ARTICLE VHI, "NONCONFORMING USES AND NONCOMPLIANT STRUCTIONS"; PROVIDING FOR SEVERABH.ITY, CODIFICATION, CONFLICTS, AND EFFECTIVE DATE." (LPA 10-06) Notice of Public Hearing: The Notice of Public Hearing relative to Ordinance 10-1332 was published in the Orlando Sentinel on June 3, 2010. Staff Presentation: Ms. Sandra Smith, Chief Planner, stated Ordinance 10-1332 provides for amendments to the Unified Land Development Regulations to provide for an exception to the non-conforming status due to fire or storm for properties designated as Major Thoroughfare Mixed Use (MTMU). The proposed amendments are provided to ensure the owners of the newly designated MTMU properties that they will be allowed to continue use of their property or rebuild under the current future land use and zoning designation for the property and not be required to build at the higher density or intensity provided within the MTMU designation with the following two exceptions: 1) If a subject parcel that is ah•eady developed is redeveloped such that its value after redevelopment will exceed 150% of its assessed value before redevelopment, the parcel must conform to the requirements of the MTMU land use set forth in the Comprehensive Plan; 2) If the primary structure on a parcel receives storm or fire damage in excess of 50% of its assessed value before the damage, the rebuilt structure must conform to the requirements of the MTMU land use set forth in the Comprehensive Plan, unless a building permit for the rebuilding is obtained within 18 months of when the damage is sustained. The Planning and Zoning Commission recommended approval of Ordinance 10-1332 at its May 26, 2010 meeting. Budget Impact: This item does not impact the City's Budget. Staff Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 10-1332. Public Hearing: The following individuals came forward to address Ordinance 10-1332: 1) Mr•. John Casselberry, 700 South Lost Lake Lane, voiced concer°ns regarding property conversions and requiring conforming to current fire related regulations. 2) Ms. James Fraleigh, 1290 Seminola Boulevard, spoke in opposition to Ordinance 10-1332. 3) Mr•. Craig Tull, 420 Ranch Trail, spoke in favor of Ordinance 10-1332.