CC Minutes 11/10/2008 Regular - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of November 10, 2008 - Regular Meeting Page 15 of 32 Discussion: Commissioner Doerner inquired as to the specific tree replenishment plans. The Parks & Facilities Manager stated the tree replenishment plan is a four year plan that will be accomplished systematically throughout the City's park system, with focus on trees battered by tropical storm activity over the past four years that have contracted diseases and in some cases, died. Commissioner Solomon inquired if the trees planted have warranties should they suffer shock and are not able to be revived. The Parks & Facilities Manager indicated that typically replacement of trees in those circumstances are covered by warranty. Mayor Glancy stated Friends of the Park has expressed an interest in utilizing tree fund monies in incorporating tree plantings in other areas besides parks such as right-of-ways and medians. MOTION: Commissioner Solomon moved to approve Budget Amendment BA #09-013 as presented. Motion was seconded by Vice Mayor Hufford. Motion carried unanimously by voice vote 5 - 0. 9. PUBLIC HEARINGS A. Second Reading of Ordinance 08-1250 - Amendment to the Unified Land Develgpment Regulations to Provide Criteria for Eminent Domain (LPA 07-13) The City Clerk read Ordinance 08-1250 by title only: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING ARTICLE VII, GENERAL REGULATIONS, OF THE CITY'S UNIFIED LAND DEVELOPMENT REGULATIONS TO ADD SECTION 2-7.31, EMINENT DOMAIN WAIVERS EXCEPTIONS AND VARIANCES BY THE ADMINISTRATIVE OFFICIAL OR DESIGNEE; REPEALING SECTION 68-30, CITY RIGHT-OF-WAY ACQUISITIONS, TO ELIMINATE REDUNDANCY; PROVIDING FOR SEVERABILITY, CODIFICATION, CONFLICTS AND EFFECTIVE DATE." Notice of Public Hearing: The Notice of Public Hearing relative to Ordinance 08-1250 was published in the Orlando Sentinel on October 30, 2008, Staff Presentation: Ms. Sandra Smith, Chief Planner, stated Ordinance 08-I250 grants the Administrative Official the ability to provide waivers or variances to non -conformities created on properties due to land acquisition for roadway or other public purpose projects. The Florida Department of Transportation requested the City adopt criteria that enables the City's Administrative Official to provide variances to property owners to allow the continuance of the use of the property even if the property does not meet all of the City's site requirements. Currently City Code Section 68-30 provides waivers and exceptions for residential properties within the City that may become non -conforming due to a public project, however, no waivers or exceptions are provided for commercial properties. Ordinance 08-1250 eliminates Section 68-30 and adds ULDR Section 2-8.10 to Article VIII, Nonconforming Uses and Noncompliant Structures. It provides the same considerations for both residential and commercial properties. The City Attorney has reviewed and approved the content of the ordinance. The Planning and Zoning Commission recommended approval of Ordinance 08-1250 by a 6 - 1 vote at their September 10, 2008 meeting. The City Commission approved Ordinance 08-1250 on first reading on October 13, 2008. On October 13, 2008 Mr. James Ellicott,