PZ 10/09/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency October 9, 2013 Page 7 the ordinance that was included in the agenda packet has been modified to allow the City Commission to determine the administrative fee to be charged for the utility fee deferment. Ms. Regan requested that the Planning and Zoning Commission provide a favorable recommendation to the City Commission for LPA 13 -09 related to Chapter 86, Utilities as provided in the draft ordinance. In response to the City Commission's question, Ms. Smith explained that there is an application fee that can be imposed by the City Commission. She said the change to the ordinance allows the City Commission to set that application fee by resolution. Ms. Smith said that it is more difficult to change fees that are in the City Code and this change allows the City Commission to set the fee by resolution. Ms. Smith explained that the applicant will apply to the City Commission for the fee deferral and at that time the Commission will determine if the impact and utility fees will be deferred from the time of issuance of the building permit to the certificate of completion. After a brief discussion regarding impact and utility fee deferment, Mr. Meadows asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Mr. James Fraleigh, 23 Teresa Court, Casselberry, Florida came forward to speak against this request. Mr. Fraleigh felt that developers didn't care about the community and their bottom line was to make their money and leave. He felt that the developer should be held accountable at the beginning of the development process. He said it is a part of doing business. Mr. Fraleigh was concerned that the developer could walk away from the project and not be held responsible for paying for the utilities. Mr. Fraleigh felt that it was a bad idea. A general discussion ensued regarding the deferment on the utility fees to the certificate of completion and the application fee for the request to the deferment. In response to the Commission question, Ms. Smith stated that the full use of the utilities would not be available to the site until the fees are paid and the certificate of completion is issued. A discussion ensued regarding modifying Section 86.3(a) and lien rights. It was decided to modify Section 86.3(a) to read: Generally. Any applicant may enter into a Fee Deferral Agreement with the City designed to allow the applicant to defer payment of water benefit fees, water connection fees, sewer benefit fees, or sewer connection charges; --uetg such time as the prior to the issuance of the Certificate of Occupancy is issued.