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HomeMy WebLinkAbout06-08-2010 Agenda Packet for Joint Meeting with CRACenter 11 of Good Lip TO: Ocoee Community Redevelopment Agency Board FROM: Russ Wagner, CRA Administrator THROUGH: Craig Shadrix, Development Services Director SUBJECT: CRA Target Areas Special Development Plan Issue: Should the Planning and Zoning Commission, acting as the Local Planning Agency (LPA), recommend approval of an amendment to the Land Development Code to establish the CRA Target Areas Special Development Plan and find such amendment to be consistent with the Ocoee Comprehensive Plan and further recommend that the Official City Zoning Map be changed to reference the existence of special development standards and prohibited uses within the CRA Target kre,,zs? I'mm A 7- Throughout the creative process of the plan, staff and the consultants have worked diligently to secure input from a wide range of citizens to help form the overall vision for the CRA. Of significant importance, the project team has held numerous input and update meetings with key landowners within each target area to solicit guidance and feedback. In addition to the development of a framework plan which sets broad parameters for growth, each Target Area Plan exhibits unique characteristics which are site specific and which fit the needs of the owners. Target Area 1 exhibits the most structured development pattern and offers the highest potential for urban forms or mixed use, multi -story development. A precise system of internal roadways, which take into account land ownership lines and future transportation network needs, creates a block system promoting intensive development. Target Area 2 provides for a hybrid form of growth with a more suburban pattern proximate to S.R. 50 and Bluford Avenue with a higher order of urban blocks promoted for the remainder of the area, The centerpiece Maine Street extension will extend from Bluford Avenue over to Maguire Road to open this area up for more intensive mixed -use development. Target Area 3 is the Health Central Hospital site which contemplates a structured roadway system offering a more predictive pattern of development while also opening the site to a wider variety of hospital -related uses. This plan contemplates that a more precise master plan may be developed over time as hospital functions are better defined. !'Thile the CRA Target Areas depicted portions of unincorporated Orange County, any such lands located withs unincorporated Orange County will only be subject to the CRA Target Areas Special Development Plan and t[M troposed Ordinance upon annexation into the corporate limits of the City. E The CRA Target Areas Special Development Plan also looked at the uses which are currently permitted within the CRA Target Areas based on the existing underlying zoning and evaluated whether any such uses are incompatible with the goals and objectives of the CRA Target Areas Special Development Plan. Certain incompatible uses were identified and are proposed to be prohibited within the CRA Target Areas. The specific prohibited uses are set forth in the CRA Target Areas Special Development Plan and the proposed Ordinance, Additionally, a proposed land use within the CRA Target Areas which is inconsistent with the underlying zoning may be permitted if it is determined by the City that such use is compatible with surrounding development and imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district. As noted, the CRA Target Areas are located within Activity Centers previously adopted by the City Commission. As a result, land use entitlements within the CRA Target Areas may be horizontally and/or vertically mixed between parcels upon agreement of the landowner and the City. The adoption of the proposed Ordinance will change the Official City Zoning Map by showing the CRA Target Areas on the map with a reference to the existence of the special development standards. The Community Development Director will be charged with interpreting all issues related to potential conflicts between the CRA Target Areas Special Development Plan and the Land Development Code. Decisions of the Director may be appealed to the DRC and decisions of the DRC may be appealed to the City Commission. Consistency with Comprehensive Plan: The CRA Target Areas Special Development Plan is consistent with a vari policies perfa—M—ing to mixed and multi -use development within activity centers as previously established by the City along the S.R. 50 corridor. It is also consistent with provisions contained within the Ocoee Land Development Code and is supplemental to plans previously adopted by the City, The attached Consistency Determination identifies all provisions in the Comprehensive Plan and Land Development Code which support the CRA plan. The CRA Target Areas Special Development Plan and proposed Ordinance will not amend or modify any existing agreements entered into by the City or any plans previously approved by the City. Further, there will be no effect on any vested rights which may have previously been granted by the City, 2 fn June 2, 2010, the DRC met to review the proposed CRA Target Areas Special Development Plan and vote7 unanimously to recommend acceptance as presented. Accordingly, Staff recommends that the Ocoee Planniiiiiiiii and Zoning Commission, acting as the Local Planning Agency, find the CRA Target Areas Speci Development Plan consistent with the goals and policies of the Ocoee Comprehensive Plan and furth - recommends its adoption and approval by Ordinance as an amendment to the Ocoee Land Development Coc and further recommends that the Official City Zoning Map be changed to reference the existence of speci- development standards and prohibited uses within the CRA Target Areas as set forth in the propos Ordinance and the CRA Target Areas Special Development Plan. . CRA Target Areas Special Development PI Consistency Determination Proposed Ordinance 2010- 0AStaff Reports\Staff Reports 201 O\SR1 0001 9—RBW—CRA—TargetAreasSpDevPlan_P&Z (FOLEY).doc 1001111, WHIM NZ] Future Land Use Element Article 4-6 Special Overlay Districts Conservation Element - - i i *- - < N, MM WI IN 17.1 IM 11.4 I I R I I I i I I I I I I I I i i I I ! I 1 11 i �1_11111 I LLP SCOTT A. GLASS (407) 835-6964 Direct Telephone (407) 849-7264 Direct Facsimile uu�001 8 two) -11 in 001111 The Hon. Mayor & City Commissioners The Hon. Planning & Zoning Boardmembers City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 E-MAIL ADDRESS: sglass@shufts.com Re: Request to defer consideration and adoption of CRA Target Area Special Plan Overlay Dear Mayor, Commissioners and Boardmembers: I have the pleasure of representing Ram Colonial Bluford, LLC and Ram Realty Services, the owner and developer, respectively, of a 36.08+ acre parcel of land situated directly on the northeast comer of the S.R. 50 / Bluford Avenue intersection. This property, which extends significantly into Lake Bennet on the east, was originally part of a larger assemblage put together by several owners who intended to relocate Maine Street' and develop the acreage with commercial uses along Colonial and Bluford and - with residential uses in the interior. To facilitate this development plan, the City and the property owners entered into that certain City of Ocoee/Colburn Development Agreement (the "Development Agreement'). The Development Agreement was executed in November, 1998 and recorded among the Orange County public records. It remains in effect today and is binding on both the City and the several successor property owners, including our client. As you know, because this property is undeveloped, has a prime location at the eastern entry into the City, and includes a significant portion of Lake Bennet, the City has proposed to include the property in the City's CRA Target Area 2. The City intends to place a development overlay district on each of the CRA Target Areas in an effort to facilitate a higher level of development and a more urban environment where appropriate. 300 South Orange Avenue, Suite 1000, Orlando, Florida 32801 - ph 407.423.3200 - fx 407.425.8316 - www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM The Hon. Mayor & City Commissioners June 3, 2010 Page 2 My client understands the City's desire to promote a higher quality development project, particularly in areas that serve as gateways into Ocoee, in order to foster a sense of place and facilitate the construction of projects of which both developer and City can be proud. Furthermore, my client is willing to be a part of the City's overall vision and realizes that, over time, if done right, the City's plan will enhance property values and attract residents and customers alike to the Target Areas. However, as much as we might all like to believe that simply adopting a vision plan, complete with new urbanism terminology and Baldwin Park style illustrations, will force these areas to spring up overnight, the reality is that development is normally a slow and deliberative process. In normal times, a developer will first check the market to determine what people need and then, if there is a need, the developer will design a product to fill it. The developer, and the local government, can take steps to improve and enhance the product beyond the basics demanded by the market. For example, the market may be willing to pay a little more for extra landscaping, a front porch, or even a gabled roof. But, if you tell the market that the only product you are offering is the Segal mansion, the market will go look for its two bedroom houses elsewhere. Thus, it is wiser to only require enhancements that the market will accept and set that as a baseline. Then, as development continues, additional enhancements are added and they don't seem outrageous to the market because the baseline was previously raised. My client and I have thoroughly reviewed the current draft of the Special Development Plan and can support a -number of the enhancements. Others, which appear to be mandatory as discussed later in this letter, would seem to be problematic at this time. For example, multi -story buildings with mixed uses, generally retail on the bottom, possibly commercial in the middle and residential on the top, have been around for decades and are always a planners favorite. They worked great in Dickens' London when technology, or lack thereof, discouraged people from traveling much beyond their immediate and adjoining neighborhoods. This concept also worked well in U.S. cities with major employment opportunities - until the advent of the automobile. They have not really worked well anywhere since and market studies have shown that, outside of existing or revitalizing core urban areas, most retailers and other commercial users simply will not locate in a two or three story building with a residential component where one story retail is readily available. My clients are concerned that if it is the intent of the Special Development Plan to mandate this type of new -urbanism development without substantial incentives, no developer will be able to get financing to build it. Moreover, if the developer is limited by the Special Development Plan's density and design requirements, such that there are no realistic options to build an alternative size and style project, even with design enhancements, other developers and end -users will simply look for a better opportunity to locate elsewhere. Inasmuch as my client has already invested heavily in the acquisition of and preliminary design for this property, Ram hired me to work with them to review the latest draft of the Special Development Plan to try to identify any overlooked issues or potential unintended consequences that would, if not revised, slow down or undermine the ultimate implementation of the Plan. Our goal in providing you this letter is to point out any such oversights or potential The Hon. Mayor & City Commissioners June 3, 2010 Page 3 issues we discover and call them to your attention for your consideration prior to final adoption of the Special Development Plan. We recognize that the City has invested significant time and resources in getting the Special Development Plan to this point in the process. However, rather than pushing it through for adoption based on some original, but purely arbitrary project schedule, would it not be better for the City, its citizens, property owners and businesses, including developers, to reconvene the stakeholders prior to adoption? This would allow these informal working groups to evaluate the current draft, identify things that were done right, identify things that may have been overlooked or which, now that we see them on paper and in illustrations, may not be what the stakeholders really had in mind at the outset. A final review of the completed product would allow the City to avoid unintended consequences and would add another layer of credibility and "buy -in" to the entire vision plan. Moreover, adding this "quality -control" function would not likely add too much time or cost to the project, but might just be the difference in adopting a Special Overlay Plan that can actually be implemented as opposed to one that sits on a dusty shelf for years to come. I should think that the staff and the consultants, if they are comfortable with their product, would welcome the opportunity to have it vetted, and if necessary tweaked, by the stakeholders prior to final adoption. And, while there will obviously be public hearings where tweaking can be done, we all know that people are far less candid at public meetings and better discussions can be had in a workshop style setting. Moreover, if our questions and concerns, as expressed below, are not shared by the property owners in Target Area I and Target Area 3, then perhaps the City should revise its draft ordinance so that only those areas are included at this time. The Special Overlay for Target Area 2 could be adopted in a separate ordinance after this final vetting and quality control check. While additional advertising would be required, we'd be more than happy to discuss picking up that cost if appropriate in order to make sure unintended consequences and future problems can be avoided. So, with the foregoing suggestions in mind, and knowing that this is still a work in progress, we would like to share some of our specific thoughts and concerns regarding the current version of the CRA Target Area Special Development Plan and its implementing Ordinance. Page 8 of the Special Development Plan states that the objective of the Plan is to establish: 1. A more predictable development process. 2. A flexible development environment, 3. A new development framework encompassing transportation, land use and open space; and, 4. Mechanisms for providing adequate infrastructure and services to the identified Target Areas. The Hon. Mayor & City Commissioners June 3, 2010 Page 4 My clients, as property owners and developers, support these objectives and applaud the City staff for recognizing that a bedrock of predictability, tempered by a common-sense amount of flexibility, will go far in facilitating the actual construction of higher quality development in Ocoee. However, we would ask you to look past the buzzwords and Baldwin Park / Celebration type illustrations in the current draft of the Special Development Plan and instead critically evaluate the Plan within the framework established by these four objectives. First, does this draft of the Special Development Plan create a more predictable development process? Predictable means that the outcome of a thing can be foretold by observing the prior outcome in similar situations under similar circumstances with more constants than variables. In other words, in this case, the Special Development Plan is intended to bring certainty and predictability to the process so that similarly situated projects or applications are uniformly treated in the same manner such that an applicant can predict up front what type of development will be allowed and what type of development will be denied. A property owner and developer should also be able to look at the overlay rules and know, with a pretty high level of comfort, what conditions will be imposed and what exactions will be required. A more predictable development process, in theory, will save property owners, developers, lenders, banks and concerned citizens a significant amount of time, The Second objective is to provide a more flexible development environment. This objective seems to run squarely counter to the first objective. Which is it? Do you want a predictable development process or do you want a flexible development process? Upon a casual reading, the Plan appears to favor flexibility over predictability. For example, page 15 of the Plan states that "The Framework Plan is envisioned to be a flexible "road map" with options to achieve the vision over the long-term. " Emphasis added. Words like "flexible," "options," and "road map," seem to indicate that if a developer is taking this property in the direction of the City's ultimate vision for this area, the City will cut some slack on how you get there, so long as ultimately we are all getting there. In other words, you don't have to stay on the yellow brick road in order to get to Emerald City, The City will consider allowing you to take other, possibly less dangerous or expensive, albeit equally attractive, routes. Again, this sounds like a very worthwhile goal when couched in "plan -speak," and it may in fact work perfectly so long as those who have helped put together the Special Development Plan are still working for the City and implementing the Plan twenty or thirty years from now. On the other hand, if the current draft is not amended and those who understand the intended "flexibility" leave the City, those who follow will be forced to adhere to a closer reading of the details actually spelled out in the Special Development Plan. If you look at those details you will see that what the promised route "options" on our development "road map" may actually be mandatory toll roads. For example: on p, 21 the Plan states that "Block sizes must be regulated to create afiner grained network of streets. " It also states that, "Buildings should incorporate a vertical mix of uses including retail, office, and residential. " Likewise, "Density/intensity should be dependent on the provision of parking decks and master stormwater facilities, " Additional examples of mandates choking off flexible development opportunities can be found on page 52 The Hon. Mayor & City Commissioners June 3, 2010 Page 5 where the Plan states that "the future street network must have a regular block pattern, " and minimum and maximum block standards are mandated See, pp. 52, 54. Furthermore, it appears that the location of access points is dictated with no flexibility. p.52 An additional sign that the City's desired flexibility will be lost if the City adopts the Special Development Plan as its currently written without further refinement is evidenced by the elimination of a number of uses that are currently permitted by right on the C-2 zoned property. I suspect most property owners in the Target Areas, including my clients would happily restrict their property to prevent a number of these undesirable uses, for example, adult entertainment, pawn shops, check cashing facilities, agricultural uses, etc., etcetera. The wholesale elimination of some other uses that are often found in sub -urban and urban centers, such as fast food restaurants with drive-in facilities, automotive bay repairs, car washes and the like, is extraordinarily inflexible. We would suggest that these uses can be fully compatible with the consultants' preferred uses with appropriate design, construction and landscaping. Eliminating these permitted uses, particularly in situations where there are active Development Agreements that would allow them, without any consideration as to whether they could be designed or located within a Target Area in a manner that would be compatible with the City's design goals or mixed -use objectives appears to be heavy-handed inflexibility at its worst. I am afraid that the Special Development Plan is doomed to fail if it simply gives lip service to flexibility but does not incorporate that flexibility in considering proposed block design, vertical building integration, provision of parking, and the countless other mandated standards actually contained in the Special Development Plan. Ironically, the loss of flexibility will lead to greater predictability. Unfortunately, it will not be the predictability desired by the Special Development Plan. If a developer does not have reasonable flexibility to build a development the market will absorb, you may safely predict he will build nothing at all. The time for speculation development has passed and left a multitude of vacant commercial and residential projects littering the central Florida landscape. Developers and property owners can no longer afford to operate with a Field of Dreams mentality where, if you build it, they will come. It is now the other way around. When they come, that's when you should build it. Any you better have some flexibility in design standards if you want them to stay. Along the same vein, the Special Development Plan recommends several specific "Nodes" of development. Most significant of these is the Commercial Node. Page 21 of the Plan states that a "Commercial Node should be developed with the following goals: Avoid creating stripped out corridor conditions by increasing intensities at intersections and fronting buildings on the street. Incorporate mixed -use buildings of 2-3 stories and allow for limited office and residential uses. Increase connectivity to adjacent development through internal street networks and cross -access easements, The Hon. Mayor & City Commissioners June 3, 2010 Page 6 Improve internal pedestrian access with walkways through parking lots. " Again, my clients do not object to these goals, so long as the Special Development Plan is modified before adoption to make clear that these are only goals, not mandates. To the extent that the market wants them, everyone should work towards achieving them. To the extent that they are accepted by the marketplace, but not particularly demanded, the City should work on incentives to encourage the marketplace to adopt these goals. To the extent that the market is not at all interested in them, and no amount of incentives is likely to change the market opinion, the City needs flexibility to ensure that developers aren't forced to develop something that cannot be sold. For example, if a future City Planner interprets the third goal as meaning a developer must incorporate mixed -use buildings of 2-3 stories and allow for limited office and residential uses a developer may end up with buildings he cannot sell or lease. With regard to fronting buildings on the street to foster more of an 'urban" appearance, so long as adequate affordable parking can be provided, it appears that this would be desirable. Likewise, improving connectivity with cross access easements and improving pedestrian friendliness by requiring sidewalks, crosswalks and enhanced landscaping, are all consistent with the more upscale development our client and adjacent property owners desire. Fortunately, most of these requirements are already in the Code, so it isn't clear to us why they are being added in here as well. This transitions nicely to a discussion regarding the third stated objective of the Special Development Plan, i.e., creation of a new development framework encompassing transportation, land use and open space. We are having difficulty comprehending how the Special Development Plan is creating a "new" development framework. It appears at first blush that the Plan is simply a third layer of City planning regulations being added to an existing framework. If the Special Development Plan is adopted as currently written, developers will have to review and try to comply with three layers of regulations: the Land Development Code, the Ocoee S.R. 50 Activity Center Special Development Plan, and the CRA Target Areas Special Development Plan. Increasing regulations, reducing existing allowable uses, and taking excessively large areas for roadways and parks simply does not encourage development or redevelopment within the Target Areas, particularly in the current economy. To this end, we believe it would be appropriate for staff or the consultant to perform a thorough comparison against the existing Codes and remove any duplication or inconsistencies prior to the final vote on the Special Development Plan. Finally, with regard to the fourth objective, the Special Development Plan seeks to provide mechanisms for providing adequate infrastructure and services to the identified Target Areas. For example, page 13 of the Plan states that, "In order to facilitate the ultimate emergence of the vision for these Target Areas, it will require the cooperation of the property owners, developers, the CRA, and the City towards financiL7g the needed improvements such as street networks and stormwater systems." Emphasis added, We whole-heartedly agree with this statement. Unfortunately, there does not appear to be any such mechanisms provided, nor even recommended, in the current draft of the Special Development Plan. We have to ask, where is the commitment from the CRA and the City for contributions towards financing streets and stormwater? The Hon. Mayor & City Commissioners June 3, 2010 Page 7 The Special Development Plan also states at page 13 that, "... the CRA must coordinate efforts with existing property owners and developers and Mlore alternate financ L*ng mechanisms to Lund supporting infrastructure proiects to ensure that the appropriate infrastructure systems are put in place in an urban form. " Again, we are 100% in agreement with this statement and the concept behind it. However, there is no indication that either the CRA or the City have actually explored any financing mechanisms whatsoever, save seeking right-of-way, road construction and stormwater systems from the property owners and developers. Even here, the Plan does not get into any specifics or discuss impact fee credits, potential tax increment financing, special assessments or other possible vehicles for paying for the vision. Of particular concern to our clients is the fact that the Target Area 2 Plan appears to require a 92 foot right-of-way for one east -west through -street which includes 10 to 20 feet of "Shy Zone" and a 12 foot (brick) center turn lane, along with a second, 80 foot right-of-way for the second required through -street, including two 16 feet wide walkways. This amount of right- of-way for a public through -street will be extremely expensive. The Special Development Plan provides no details as to how right-of-way for these public streets will be acquired or funded, nor does it include specific provisions as to how the construction of these public streets will be funded. As they say, the devil is in the details, and both the devil and the details appear to be hiding when it comes to this particular objective. While the foregoing comments have dealt with the City's four objectives in adopting a Special Development Plan and have, therefore, been broader in scope and perhaps more philosophical in nature, a thorough review of the Plan raises narrower, technical issues that must also be addressed if the Plan is ever to be successfully implemented over time. Those technical issues and questions we have identified are listed below as bullet -points for your consideration. We would be most happy to meet with any and all interested parties to discuss not only the foregoing issues and concerns, but also these technical matters. The Special Development Plan requires that Master Transportation, Master Utility and Master Stormwater Plans outlining the design, phasing and construction of the infrastructure systems be approved for a Target Area before any property owner can submit the first site plan for development within that Target Area. Thus, a property owner or developer who is ready to move forward with a self-contained or incremental development project is held hostage while he and/or the City attempts to negotiate with all of the other property owners within the Target Area to reach consensus on road layout, utility locations, stormwater pond locations, as well as on who is going to design and construct the foregoing and who is going to pay what share of the same. Some of these issues may not be relevant to our client. For example, our client may be able to accommodate all of its stormwater needs, including for new road segments, on its property. Yet, as written, no property owner will be able to move forward until all property owners have reached agreement on infrastructure issues, a process that could take years and ultimately prevent any property owner from developing that first, "catalyst" enhanced quality development project needed to break the logjam. Moreover, until this catalyst development occurs property values will remain flat and the CRA will not have money to contribute to roads, streetscape, landscape, hardscape or other infrastructure and enhancements. The Hon. Mayor & City Commissioners June 3, 2010 Page 8 The proposed block dimensions in Target Area 2 would totally preclude any big box retail uses. The maximum perimeter block size is limited to 2500 linear feet or 8.5 acres. At best, this would allow a Publix with little complementing retail. In previous discussions between my client and the City the City has stated that it would not be opposed to properly done big box retail, as long as it is designed with urban elements. However, this is not reflected in the Special Development Plan. The maximum parking allowed for retail uses is 4 per 1,000 square feet. Many retail users require 5 spaces per 1,000 square feet in order to sign a lease for a new location. The lack of flexibility here will seriously undermine property owners' ability to attract desirable end -users to the Target Areas. e In addition to the substantial amount of right-of-way the City wants in Target Area 2, the City also desires a "bricked" 12 foot wide turn lane. A brick turn lane will add significantly to the cost of the roadway and to the ongoing maintenance as well. The Plan does not indicate at all how these increased costs are going to be paid, The Target Area 2 Plan calls for 60% of the edge of Lake Bennett to be public space. Is the City going to purchase this space or is it expected as an exaction from the property owner? If it is expected as an exaction, what is the Property Owner receiving in exchange for relinquishing such a fundamental property right as the right to exclude others from his property? In a related question, is the 10% park space requirement counted towards open -space requirements and will these park areas be dedicated to and maintained by the City? The Target Area 2 Plan does not address the inherent conflict between the City's desire for urban density and the City's tree replacement requirements. By necessity, urban style development will necessitate the removal of a tremendous number of trees from properties within Target Area 2. If a waiver is not granted, or if a specific provision is not adopted for this area, developers will have to replace every tree over 8" DBU with four new trees. The developer will also have to pay $ 100 per inch for each inch of tree being removed for those trees that are over 24" DBH. This would appear to be a significant disincentive to urban development within Target Area 2. Last, but certainly not least, if the City desires to have urban densities and intensities in Target Area 2, a master stormwater plan is absolutely going to be required because increased urban densities leave no land for individual stormwater management systems. The cost to address this in an area -wide manner could be staggering and can only be justified if there is, in fact, a market demand for the types of urban densities that are desired by the City. The property owners have not seen this type of demand. If the City's consultants did a market study that justifies there recommendations and/or shows that they would be financially feasible at this time, we would really appreciate getting a copy of it and would, of course, be happy to pay the duplicating cost for it. The Hon. Mayor & City Commissioners June 3, 2010 Page 9 Based on the foregoing, we have a few simple requests of the Planning & Zoning Board and of the Mayor and City Commissioners. Our Requests: 1. Now that you have a draft plan people can actually review, reconvene the stakeholders so they can review the plan, measure it against their expectations, identify discrepancies and potential problems, identify potential solutions and refine the plan and reach consensus before it goes for public hearing and adoption. It is hard to identify and correct all potential problems or issues during limited public hearings. It just makes more sense to have the draft plan vetted by the stakeholders before the hearings begin. Moreover, the City has just commissioned a feasibility study that will play a large role in the development of a core feature of the City's vision. This won't be done for months so what is the rush on pushing through this particular version of the plan? 2. Modify the ordinance to allow flexibility and incrementalism in the modification, revision or extension of existing development agreements or site plans. The City seems to be taking an "all or nothing" approach when it comes to existing development rights. A developer is forced to simply stick with the original approved plan of development, even though it may be wholly inconsistent with the Target Plan requirements, or he has to suddenly comply with those requirements. Why not specifically provide discretion to allow modifications that advance the objectives of the Target Area Special Plan. In other words, while it may not make sense for the developer physically or economically to fully comply with the Special Plan's requirements, wouldn't it be better for the City if the development at least got closer to those objectives rather than simply sticking 100% with the non -consistent original approved plan? 3. Modify the Target Area 2 Plan to clarify that the intent with regard to access points, particularly from Bluford Avenue, is to be flexible. The Target Area 2 Plan states that, "The Plan also shows where access points from Bluford Avenue and State Road 50 are permitte in addition to full intersections. " p. 52. This implies that other access point locations will not be permitted. However, the three "Example Block Structure" illustrations, which each purportedly comply with the Plan, show different access points from Bluford, an inconsistency that is specifically acknowledged in the caption for Optional Example Block Structure 3. p. 57. The Plan should clarify that access points will be permitted based on the ultimate location of the east - west through streets and required separation distances. I realize that I have presented you with much information and I do apologize for the length of this letter. It should, however, demonstrate to you that we are, in reality, supportive of the concept of CRA Target Areas with Special Plan Overlays, provided that they have been thoroughly reviewed and vetted, not just by the planning staff and consultants, but by the stakeholders who will have to live with the implementation phase of the Special Development Plan. My clients, and I am sure the other property owners involved with these Target Areas, are taking this very, very seriously and want to make sure that all of the stakeholders have a full and thorough chance to review, vet and offer any necessary revisions before this plan becomes the law of the land. The Hon. Mayor & City Commissioners June 3, 2010 Page 10 We have requested meetings with the Mayor and each of the City Commissioners to go over some of our concerns and requests. We would be more than happy to meet with individual Planning Board Members to discuss these concerns as well. Unfortunately, although it appears to be a somewhat arbitrary schedule, we are at this point on a tight schedule with the Special Development Plan going to P&Z on June 8"', and to the City Commission on June 15'h and July 6 th . Again, we would encourage everyone to set aside scheduling goals and take whatever time is needed to ensure that we end up with the best Special Development Plan we can to serve the varied interests of the stakeholders to the greatest degree that reasonable goals and compromise will permit. If you would like to meet with us, please feel free to call or e-mail me about setting a time and place to get together. In the meantime, thank you for your serious consideration of our concerns. Sincerely, SHUTTS & BOWEN LLP Scott A. Glass cc: Craig Shadrix Paul Rosenthal Bob Skinner Kerry -Ann Wilson ORLDOCS 118604913 AN ORDINANCE OF OF OCOEE, FLORIDA AMENDINGRELATING TO i /, DEVELOPMENT CODE,CHAPTER I i OCOEE CITY i1 11SECTION ENTITLED CRA TARGET AREAS SPECIAL DEVELOPMENT ESTABLISHING GEOGRAPHIC i 1x OF OVERLAY AREAS WITHINi • 1 LAKE BENNET ACTIVITY CENTERS, 1; AREAS BEING REFERRED TO AS CRA TARGET1 EXCLUDINGAPPLICABILITY TO LANDS LOCATED IN UNINCORPORATED x ,, i ADOPTING x SPECIALDEVELOPMENT PLAN FOR THE CRA TARGET AREAS, !''G AN INTRODUCTIOFRAMEWORK COMMUNITYPARTICIPATION PROCESSAND TARGET AREAS REGULATING PLAN; PROVIDING AREASTARGET DEVELOPMENT PLAN IS SUPPLEMENTAL TO OTHER PROVISIONS OF THE LAND DEVELOPMENT i1 REQUIRING i ► THE .x TARGET SPECIAL DEVELOPMENT PROVIDING i •LYING ZONING USES AND LAND USE ENTITLEMENTS REMAIN IN PLACE; PROHIBITING CERTAIN SPECIFIC USES WITHIN THE CRA TARGET AREAS WHICH MAY BE OTHERWISE PERMITTED UNDER APPLICABLE REGULATIONS; PROVIDING i i INTERPRETATIONAND PROVIDING TH, COMMISSION DECISIONS PROVIDING i RECOGNITION OF PROVIDING FOR 'xC PROVIDING i'' CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance Number 98-12 adopted July 21, 1998, the City Commission established the geographic boundaries of the Minorville Activity Center and the Lake Bennet Activity Center; and ORLA_1543196.2 [June 8, 2010] WHEREAS, Section 5-3. 1 (D) of the Ocoee Land Development Code contemplated that individual special development plans would be prepared within the Activity Centers in cooperation with landowners having properties having properties situated in these areas; and WHEREAS pursuant to the provisions of Chapter 163, Florida Statutes, and Sections 4- 6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City (the "LPA") held an advertised public hearing on June 8 201, to review and consider the "CRA Target Areas Special Development Plan" within portions of the Minorville Activity Center and the Lake Bennet Activity Center and the creation of additional special overlay areas within said Activity Centers; and WHEREAS, after consideration of the comments raised at the public hearing, the LPA found the CRA Target Areas Special Development Plan to be consistent with the Ocoee Comprehensive Plan and recornmended that the City Commission adopt the CRA Target Areas Special Development Plan and establish the geographic boundaries of the portions of the Activity Centers affected thereby; and WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c)(2), Florida Statutes, and Sections 4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee City Commission held advertised public hearings on June 15, 2010 and July 6, 2010 to receive public comment on this Ordinance, the CRA Target Areas Special Development Plan, and the geographic boundaries of CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3; and WHEREAS, the City Commission finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and the adoption of this Ordinance is in the best interests of the City. ORLA1543196.2 -2- SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article V111 of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Section 5-3.3 of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: A. Establishment of Geographic Boundaries of Special Overlay Areas for Special Development Plan; Directing Revisions to the Official City Zoning Map. I. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Minorville Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area V, the specific geographic boundaries of CRA Target Area I being as depicted in Exhibit "A" attached hereto. The foregoing Special Overlay Area shall be referred to as "CRA Target Area V or "Target Area I". The City Commission hereby directs that the boundaries of CRA Target Area I be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. 2. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Minorville Activity Center and a portion of the Lake Bennet Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 2", the specific geographic boundaries of CRA Target Area 2 being as depicted in Exhibit "All attached hereto. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 2" or "Target Area 2". The City Commission hereby directs that the boundaries of CRA Target Area 2 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. ORLA1543196.2 -3- 3. Pursuant to Section 4-6 of the Ocoee Land Development Code, the City Commission hereby creates as a Special Overlay Area within a portion of the Lake Bennet Activity Center, as established by Ordinance No. 98-12 adopted July 21, 1998, identified as "CRA Target Area 3", the specific geographic boundaries of CRA Target Area 3 being as depicted in Exhibit "A" attached hereto. The foregoing Special Overlay Area shall be referred to as "CRA Target Area 3" or "Target Area 3". The City Commission hereby directs that the boundaries of CRA Target Area 3 be shown on the Official City Zoning Map along with a reference to the existence of the special development standards adopted pursuant to this Section and the location where the special development plan containing such adopted special standards can be reviewed. 4. CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3 are collectively referred to herein as the "CRA Target Areas". Portions of the CRA Target Areas are not located within the geographic boundaries of the Ocoee Community .Redevelopment Agency. 5. Portions of CRA Target Area 1, CRA Target Area 2 and CRA Target Area 3 are located within unincorporated Orange County. Said areas are collectively referred to herein as the "Unincorporated CRA Target Areas". Notwithstanding any provision contained herein to the contrary, this Section 5-3.3 shall not be applicable to any portion of the Unincorporated CRA Target Areas unless and until such portions of the Unincorporated CRA Target Areas are annexed into the corporate limits of the City of Ocoee. The inclusion of the Unincorporated CRA Target Areas is for illustrative purposes only and are intended solely to place such lands on notice that they will be subject to this Section 5-3.3 in the event of annexation into the corporate limits of the City of Ocoee. B. Adoption of Special Development Plan for CRA Target Areas. 1. Pursuant to the provisions of Section 4-6 of the Ocoee Land Development Code, the City Commission hereby adopts and enacts the "CRA Target Areas Special Development Plan" attached hereto as Exhibit "B" and by this reference made a part hereof. Said Plan includes: (i) Introduction with subsections on Planning Process, Planning Context, and Issues; (ii) CRA Framework Plan with subsections on Transportation Network, Open Space, and Land Use Strategy; (iii) Community Participation Process with subsections on Public Engagement, Stakeholder -Based Themes, and Vision Statement, and (iv) Target Areas Regulating Plan with subsections on Introduction to Regulating Plan, CRA Target Areas Overall Map, CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and CRA Target Area 3 Regulating Plan. 2. The City Commission hereby finds that the CRA Target Areas Special Development Plan complies with the requirements and criteria set forth in Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive Plan. ORLA1543196.2 -4- 3. The CRA Target Areas Special Development Plan is supplemental to the Ocoee State Road 50 Activity Center Special Development Plan as adopted by Ordinance No. 98-12 and amended by Ordinance No. 99-23. However, to the extent the standards set forth in the CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan are similar to or conflict with the standards set forth in the Ocoee State Road 50 Activity Center Special Development Plan, the CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Tat -get Area 3 Regulating Plan shall control and supercede the standards set forth in the Ocoee State Road 50 Activity Center Special Development Plan, 4. The CRA Target Areas Special Development Plan is supplemental to the Commercial and Industrial Development Regulations set forth in Section 6-14 of the Ocoee Land Development Code. However, to the extent the standards set forth in the CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan are similar to or conflict with the standards set forth in the Commercial and Industrial Development Regulations, the CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan shall control and supersede the standards set forth in the Commercial and Industrial Development Regulations. 5. To the extent the standards set forth in the CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and/or CRA Target Area 3 Regulating Plan conflict with the standards set forth in other provisions of the Land Development Code, the CRA Target Area I Regulating Plan, CRA Target Area 2 Regulating Plan, and CRA Target Area 3 Regulating Plan, as applicable, shall control. C. Compliance with Special Development Plan for CRA Target Areas. 1. All development and redevelopment within the CRA Target Areas referenced in Section 5-3.3.A shall comply with the CRA Target Areas Special Development Plan and the special regulations and standards set forth herein; provided, however, that (i) the subsection regarding the CRA Target Area I Regulating Plan shall be applicable only to CRA Target Area 1; (ii) the subsection regarding the CRA Target Area 2 Regulating Plan shall be applicable only to CRA Target Area 2; and (iii) the subsection regarding the CRA Target Area 3 Regulating Plan shall be applicable only to CRA Target Area 3. 2. The provisions of Section 4-6 and 5-3. 1 (c)(3) of the Ocoee Land Development Code are hereby made applicable to all development and redevelopment within the CRA Target Areas. The CRA Target Areas Special Development Plan shall apply only within the specific geographic areas set forth in this Section and shall apply in the Unincorporated CRA Target Areas only upon annexation into the corporate limits of the City of Ocoee. ORLA1543196.2 -5- D. Underlying Zoning; Prohibited Uses. 1. Except for the prohibited uses as set forth below, all underlying zoning uses and land use entitlements within the CRA Target Areas shall remain in full force and effect for each parcel within the CRA Target Areas and may be horizontally and/or vertically mixed between parcels upon agreement of the owners and the City. 2. A proposed land use within the CRA Target Areas which is inconsistent with the underlying zoning district may be permitted if it is determined by the City that such use is compatible with surrounding development and imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district. 3. Notwithstanding the permitted uses within the underlying zoning district, the following uses shall be prohibited in the CRA Target Areas: (a) adult entertainment establishments; (b) adult bookstores and video stores; (c) pawn shops; (d) check cashing establishments; (e) new/used vehicle sales; (f) new/used boat sales; (g) new/used equipment sales; (h) gas stations (except that I gas station shall be permitted in Block I of CRA Target Area 1); (i) fast food restaurants with drive -through facilities; 0) outdoor garden center unless enclosed; (k) outdoor lumber sales unless enclosed; (1) mobile homes; (in) automotive body repairs; (n) miniature golf or driving range; (o) agricultural uses; (p) motor vehicle wholesale; (q) recreational vehicle park; (r) storage warehouse; (s) industrial/warehouse uses; (t) automotive wrecking/salvage parks; (u) commercial convenience with or without gas sales (except that I commercial convenience with gas sales shall be permitted in CRA Target Area 2); and (v) car washes. 4. To the extent that any of the lands located within the CRA Target Areas are being used as of July 16, 2010 with one or more of the uses prohibited by Section 5- 3.3.D.3 above, such use may continue as a nonconforming use of land as provided in Section 5-1 O.0 of the Ocoee Land Development Code. E. Interpretation; Appeals. Notwithstanding any provision in the Ocoee Land Development Code to the contrary, the Community Development Director shall interpret all issues related to potential conflicts between the CRA Target Areas Special Development Plan and the Ocoee Land Development Code after consultation with the City Staff, as appropriate, whose administrative interpretations may be appealed to the Development Review Committee. In the event a person disagrees with an interpretation or decision made by the Community Development Director, then they may request a meeting of the Development Review Corritnittee which will be held within ten (10) working days from the date of receipt of a written request. All such appeals shall be filed in writing with the Community Development Director. The Development Review Committee may overrule or modify the interpretation or decision made by the Community Development Director. ORLA1543196.2 -6- F. City Commission Decisions Final. Decisions of the DRC pursuant to Section 5-3.3.13 above may be appealed to the City Commission by filing a written notice of appeal with the City Clerk within ten (10) days from the date of the decision of the DRC. Any such appeal shall state with specificity the decision of the DRC being appealed and the action which the appellant is requesting be taken by the City Commission. The decision of the City Commission shall be final. G. Recognition of Existing Agreements. Nothing herein is intended (1) to abrogate any vested rights which may have been or may hereafter be granted by the City to an applicant, (2) to amend or in anyway modify any provision of any development order, developer agreement, annexation agreement, or other agreement entered into with the City prior to the effective date of this Section 5-3.3, or (3) to modify, amend or in any way negate any preliminary or final site plan approvals granted by the City prior to the effective date of this Section 5-3.3; provided, however, that the City may require as a condition of approval of any revision to a previously approved preliminary or final site plan, or any extension thereof that such plan be revised so as to conform with this Section to the extent practical. SECTION 3. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City ORLA1543196.2 -7- Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 2012 Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) r THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this — day of 2010. go City Attorney ADVERTISED 2010 a ,2010 READ FIRST TIME 120 R&Kr ISWIPM-r ,2010 UNDER AGENDA ITEM NO. ORLA1543196.2 -8- Geographic Boundaries of Special Overlay Areas for CRA Target Areas See Attached Map. ORLA1543196.2 -9- 10,14 Is I I all v " I'm See attached Special Development Plan. ORLA1543196.2 -10-