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CASSGLBl;RRi' CITI' COMMISSION Minutes of March 22, 2010 -Regular Meeting Page 8 of 14 Notice of Public Hearing: The Notice ofPublic Hearing relative to Ordinance 10-1323 was published in the Orlando Sentinel on March 11, 2010. Staff Presentation: MI•. Don Martin, Community Development Director, stated Ordinance 10-1323 provides for amendments to the Future Land Use Map (FLUM) to provide increased development potential for selected properties located on the US Highway 17-92 corridor and a potion of the State Road 436 corridor that is located within the Community Redevelopment District (CRD). The proposed amendments were presented to the Planning and Zoning Commission on February 24, 2010. A motion for approval was made but failed due to a tie vote of 3-3. This resulted in a recommendation of denial to the City Commission. Staff had requested to the Planning and Zoning Commission to eliminate several properties due to the property owners' requests. Those properties were eliminated from the maps and tables contained within the revised study provided to the City Commission. Staff distributed proposed additional changes to Policy FLU 1.22 amending the percent distribution of uses for residential uses from 0%-50% to 75%, and adding additional language as item n to address concerns regarding non-conforming uses. A copy of the proposed additional changes are attached to and made a part of these minutes. Ms. Sandra Smith, Chief Planner, gave a presentation regarding the proposed amendments contained in Ordinance 10-1323 and Ordinance 10-1324. A copy of the presentation is attached to and made a part of these minutes. Ms. Smith noted if approved on first reading, Ordinance 10-1323 will be transmitted to the Department of Community Affairs (DCA) for their Objections, Recommendations, and Comments (ORC) review. Upon satisfaction of DCA's review comments, the ordinance will be returned to the City Commission for a second reading and public hearing. Budget Impact: This item does not impact the City's Budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 10-1323 on first reading with the suggested amendments. Public Hearing: A sign-in sheet was provided for anyone wishing to receive information updates regarding the DCA review. The following individuals came forward to address Ordinance 10-1323: 1) Mr. Chris Roper, Attorney with Akerman Senterfitt, 420 South Orange Avenue, Suite 1200, Orlando, stated he was representing his client Southern Management which owns a 10 acre parcel located on State Road. 436 near Red Bug Lake Road. Ml•. Roper spoke in favor of Ordinance 10-1323 with the additional proposed amendments. 2) Mr. John Casselberly, 700 South Lost Lake Lane, spoke in opposition to Ordinance 10-1323. 3) Mr. Craig Tull, 420 Ranch Trail, spoke in favor of pedestrian friendly improvements to coincide with the proposed higher density and intensity mixed used development. 4) Ms. Barbara Bolt, 2916 Oak Lane, Fern Park (Unincorporated Seminole County), made inquiries regarding base line income information relating to the stLldies that were conducted. No one else came forward to address Ordinance 10-1323. Mayor Glancy closed the public hearing relative to Ordinance 10-1323. The City Attorney requested that if the City Commission decides to include the additional changes provided by staff, that the approval be subject to her review prior to the second reading. Ms. Reischmann expressed a concern that the proposed language may create a vested right of a more permanent natm•e and would like review and slightly revise the language in order to clearly allow for a nonconforming use to continue if the use