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HomeMy WebLinkAboutPZ 06-09-1992 MINUTES OF THE PLANNING AND ZONING COMMISSION SPECIAL SESSION MEETING HELD TUESDAY, JUNE 9, 1992 CALL TO ORDER The meeting was called to order by Vice - Chairman Switzer at 7:30 p.m. followed by a moment of silent prayer in memory of John Bateman. The determination of a Quorum was made. PRESENT: Vice - Chairman Harold Switzer, Members: Darlene Rhodus, Gerald Weeks, Alternate: Tanya Miller, Planning Director Bruce Behrens, Planner Janet Resnik, Deputy Clerk Ellen King, and Special Guest: City Attorney Paul Rosenthal and Consultant Jim LaRue NEW BUSINESS LAND DEVELOPMENT CODE - FINAL DRAFT Chairman: Ok, since the consent agenda is not available, we'll start on the new business, Bruce would you like to start? Behrens: Last time we gave you the final draft of the new Land Development Code along with two memos that explained what our responsibilities were. This is the May 8th draft and the May Sr 12th draft and we went through and the May 8th draft, basically what Chapter 163 mandated that we do, and that was namely come up with some land development regulations that implemented our new comprehensive plan. There were several minimum requirements of that Chapter 163 which we go over with you in this memo here. In the memo of May 12th is a summary of the various articles, the nine articles that are contained in the new Land Development Code. There's also a Land Development regulation documentation that sets forth the regulations required again by Chapter 163 and how we meet those. There is also, I believe, a copy of the Vested Rights Ordinance. You all get that too? Behrens: That was put in there for your review. So basically tonight, we want to hear from you all. We have a presentation that we want to give you but we also want to hear any comments that you might have. Jim, how do you want to do this? Should we give our presentation first, real quickly? LaRue: Well sometimes presentations can get pretty boring. I think maybe the main thing, if it would help you, I could do a real quick summary of the Chapters and how they fit in the land development regulations. Or we can just open it up to questions. If I promise to keep it to five minutes would that be helpful. Go over what each Chapter is and later go into details, or we could just start on the Chapters if you wish? %11r Why don't I do just a real quick summary Chairman: Why don't you do that! Behrens: Jim, if I can have about two minutes before you start? LaRue: Yes. ' Behrens: I just wanted to go over with you the ramifications of Chapter NYr► 163: What does legislation that was passed, what they said to the cities. Basically they said, that its a, if the city felt that this was the case in their city, that land use was going to become more important than zoning the requirement for the old zoning categories were struck down by this legislation, requirement for that. Didn't say you had to do away with it, it just said you don't need that any more. Rather that your future land use map could be, if you wanted, the only land use, or the only framework with your Comp Plan and your new regulations. So zoning is an option now. You all determined early on that we didn't want to change the Code that we had any more than we absolutely had to, that the Code had worked very well for the city and that this should be a transitionary situation where we took the old Code, rearranged it into an integrated Code that worked well, but we didn't want to make any real changes that could upset the pattern of growth that we've seen out here. So what we did is, we tried to keep the Code pretty much intact. We put a bunch of new options in there. Some that were State required and some that we felt should be options, some that we put in the Land Use Plan, for example, activity centers. We'll get into this later on how these activity centers will now function. We tried to keep the .Code that we had pretty much in tact. Again, with some of these options that if you wanted to consider in various situations you could do. Jim? LaRue: Bruce, that was very helpful in knowing and the only thing I want to add to that is that basically the Land Development Code or the regulations, that whole set of unified regulations does three or four things. One is, it meets the requirements of the State in terms of new things that we have not had before like concurrency that came out of the comprehensive plan. You will see this Land Development Code will pick up policies that you remember having gone through the Comprehensive Plan that some of those policies may have said by so- and -so there will be something adopted that will carry out this policy. In those instances you have those that are merged into this. Often times, for example, things that Janet or Bruce or Ellen or Paul, the attorney may have noticed that needed to be clarified. We took the opportunity to go ahead and do that. In some instances you were doing things that were consistent with what was practical to do but maybe no ordinances hadn't caught up to that, and Janet will explain something in terms of planned unit development ordinance that will reflect that. The whole Chapter 4 in terms of procedures really, hats go off to Janet Resnik and to Bruce, but especially Janet who spent a lot of time making sure that for the user, they could see how to go through Development Review when they didn't have a subdivision, for example, and you all had mentioned some of those kind of requirements and where are all those in one place, and she did a real good job of showing `fir that as well as some of the standards for review for the planned unit development and she can comment on those a little 2 bit later. But the one comment that I want to make is that, we tried not to do a whole bunch of new things that didn't make sense but to clarify something or to be able to make sure that something was now put in a particular Chapter that you could show somebody that's where they were. And we're err continually doing some things that will change. Just a quick review of the Chapter and we'll do just a thumb nail of each chapter and tell you what's in them, then we'll stop and let, maybe Bruce and Janet highlight, talk about some of the highlights and then we'll open the questions. The first chapter is really the one which in all books kind of shows you to what extent this ordinance is applicable. You can see, for example, interpretation of the Code, we say these regulations down in 1 -4, interpretation intent and we will make sure that in the interpretation of this Code would probably be a little bit better language, but anyway, we'll actually show how all the language will be consistent, in terms of interpretation in the very first chapter. Down at the bottom of 18002, and by the way, the reason these numbers start off funny, is because the Codifying group, Janet and I have been through that with them, have said that a particular chapter number will start with this series and that's why they carry on. Now, for reading sake we will try to put headings next time you see this so that you will have the article headings at the top of the page and it will make them a little bit easier. So we will do that from a formatting stand point. Down at the bottom, if you will notice, under jurisdiction, we speak in terms of vested rights. You have a vested rights ordinance, also from a format standpoint, we've decided that the next time you see this, we'll have the vested ordinance in it's entirety here, that will deal not only with vested issues in terms of consistency and land use, but will also, correct me Paul, will also contain a section that will pertain to vested rights in terms of concurrency. So that will all be in your first chapter so that you can see the jurisdiction and what the applicability is of that. Briefly on the next page, it talks about amendments to the comprehensive plan. You will also notice that when you get into the other chapters that have to do with Chapter 4 and 5 procedures, you will see the public hearing notification and we're also in the process of making sure that stated exactly what public hearing requirements will be for each thing. Not all of that shows now but will show by the time you see it the next time. Second chapter deals with something that we thought was necessary for the over all city and that is consistent definitions that may have been in separate chapters. We've done our best, and if you notice something that doesn't seem consistent with a separate chapter, or whatever, let us know. Article Two, is all the definitions that you would actually be using and would work with in terms of this Land Development Code. It's one of those things that your always, it's like painting your house, your always trimming and painting, there 3 may be, as we go through, some things that, you know, do make sense or don't make sense, or whatever so, if you notice something, let us know. That is basically what Chapter Two is, is a consolidated, I call it a chapter but it should be called an article, article that reflects the consistent definitions. Article III really reflects the administrative responsibilities of the City Commission, Planning and Zoning Commission, the LPA hats, also individual officers or officials that would be pertaining to the Land Use Ordinances, Land Use Development regulations themselves and any type of responsibility that would actually pertain to that in terms of who would handle concurrency, etc. There may be one or two of these that will change later on, but basically are those and there responsibilities. Chapter 4, is the first time, I think, that we have ever reflected the actual procedures all in one area for zoning site plan review, planning unit development requirements. I don't know, at that point maybe at that point Janet would like to comment on some of the things that would be different from what you have seen in your current Code and maybe put the planning unit development or even the first part, Janet, needs some highlights. Resnik: Well, what we've tried to do is, we've never had anything written down on site plans or subdivisions so we've broken it out. Basically, they follow the same pattern anything large scale. Meaning anything over 25,000 square feet if it's non- residential and anything over 12 units if it's residential, would follow the DRC procedures, would come before Planning and Zoning and City Commission just like a subdivision. But we've spelled it out anyway so when an applicant comes in they can . go right to that part of the book and follow it along. The only other thing we have changed in the subdivision part is really spelling out how it goes through the different stages. There were always questions brought up at P & Z, like why didn't we see this final plan, or this preliminary plan came back and went to City Commission but we never saw it. Now whenever a preliminary plan comes before the City whether it's before the P & Z or City Commission that's public hearing. So both of the boards will see it as preliminary in a public hearing then both boards will get it at final engineering at consent agenda. Same with PUD's, there were a lot, there was always a lot of confusion on PUD's once the Land Use Plan was put in place, what happened from there? And there were some problems at first with it going directly once the land use plan was established and then it went back to P & Z, unless there was an amendment to the land use. Now, the PUD process will basically follow the same processes as the subdivision only it adds that extra land use plan in there. So once the land use plan is done, it goes to preliminary, subdivision and final engineering, just like the subdivision and you will get to see preliminary plan in a public hearing setting and then the final engineering plan will go on your �rr consent agenda. The PUD starts on page 18059, there were also some provisions added to that planned unit development and 4 Bruce might want to go over those as far as things that have been added to separate it out from a regular subdivision, what makes it unique and a lot of things that we sort of always dealt with in practice and urged the developers to do, we have now put in writing. Other than that, the only thing that we have done is to order it better, as far as everything, now we got plating and certificate of completion in with the PUD's where as before you had to go somewhere else in the book once it was to that point. We have just tried to organize it better, to make it user friendly for the developer as well as the board. LaRue: The other part of that might be on 18060, and Bruce may want to comment about the array, as Janet just mentioned, about the array of uses that you can clearly say would be done through the mechanism of planned unit development so you can see planned residential community, planned commercial centers, planned industrial parks which are fairly obvious, then you get into some traditional neighborhood development, Bruce, maybe you want to comment on some of the highlights and why we have those six types of land use activities within the planned unit development approach? Behrens: PUD is a wonderful vehicle if you consider the kinds of development that don't fit in a R -1 -AA or C -2 zone where the parameters of that development are somewhat less restrictive in some areas in terms of open space and set backs where a developer can come in and say, "We want to have a mixed use, or we want to do something out of the ordinary, if you would out of the straight one use zoning ". So we have expanded the umbrellas of the PUD to again include one of these options on page 18061, for example, use number 5, the Design Community District traditional neighborhood development. These are developments of living environment not possible to restrict application of minimum requirements of City and other zoning regulations. This would be, for example, the pre World War II neighborhood development where you had a grided street pattern, the use of alleys could be considered, the use of town squares. There's several different options that are our traditional zoning code just doesn't even address. The PUD will now be there umbrella to consider a concept like this. Activity centers are the interchange impact areas that are the black dots that you see on the future land use map. Those are areas where, as defined in the comprehensive plan, your board and the City Commission would consider a planned unit development bubble for a mixed use type concept. It could be a three story building with a bottom floor being retail, the second floor office, the third floor could be residential. These concepts have never been allowed to really be looked at. The old PUD ordinances said that you could have mixed uses but you have commercial in this area, and over here would be residential. This would allow a developer to simply make a presentation, that doesn't guarantee him the right to achieve this, but it will allow him to present the concepts to the City. It gives us one of those options. I think we see more of this in the next chapter too, Jim. LaRue: Right. 5 Behrens: Janet, do you want to keep going on this, or Jim? LaRue: Well I think we probably have given some good examples without giving you to many details and 4 again, are the procedures that either clarify, consolidate and often give us some lormv innovative approaches to things as well. Behrens: Let me just jump in here Jim, Janet had mentioned earlier in her conversation about some of the new requirements we had discussed or that were confusing the PUD, that we always wanted to accentuate. For example on page 18066, needs more detail in the requirements for the preliminary subdivision plans. Were now requiring bicycle routes, commercial centers and things like that. We have just been presented with a land use plan with a preliminary site plan for the new commercial shopping center on Maguire Road, the new Publix. This will have a vehicular access from the residential area directly into the commercial area without having to go out on the main road. We will also have a bicycle path and a pedestrian path so a person living in an apartment who may not have a car, they may not want to have to walk out and down the sidewalk, they can walk directly from the shopping center or ride their bike or drive the family car directly. It's those kind of things that were looking at, requirements for all subdivisions that have more than x number of units to have recreation amenities in some form and we have a table. We will get into that. This is the kind of I believe Janet was telling you about. LaRue: That's a good example, and you will remember that also that Nir completes the example, that it was a policy in the plan that is now reflected in your actual Land Development Code and also give you enough flexibility, in certain instances, when you see that something isn't applicable through the planning unit development you've got a little more flexibility to be able to say "Yes, this is necessary vs. No, it's not ". Switzer: May I jump in with a question at this point and time? LaRue: Yes. Switzer: Pardon me Paul, it's for you basically. With these new descriptions being placed in this one, this is passed here by the Commission, does it then become a part of our Code? Rosenthal: Yes, it is the Code. The old Code is superseded and gone, except for those projects that have vested rights and those projects, some projects which are addressed here, which are in certain stages, so someone is in the middle of a development approval process through the City now, there going to continue under the old set of regulations with respect to that approval. There will be a period of time where you'll need to bring both of your books with you to the City Commission meetings, to the P & Z meeting and the City Commission meetings depending on the time of the project. rrBehrens: One of the questions that has come up from time to time on the different subdivisions with preliminary plans, is a member of 6 the planning and zoning commission will like the plan, but they want to add a certain condition, and ask if they can make a motion approving this plan subject to such - and -such. On page 18064, where it says Approval Procedures of a Preliminary Subdivision Plan, down at the bottom of that big paragraph, at r.' the bottom it says "The Director of Planning submits the plan along with a staff report outlining the staff recommendation and the recommendation of the Planning and Zoning Commission and the City Commission approves subject to conditions or disapproves the preliminary subdivision plan ". We have used that language so that you all can feel free to do the same thing in your recommendation and as we talked about it, but it was never written down, its one of the things where Janet has really tweaked this chapter and flushed this out, if you will. LaRue: Thanks Bruce, Article V, if you will look at that just briefly, the land use and density regulations which is really familiar with our old zoning kind of approach. What it does is talk about the district boundaries, talks about several things in terms of non - conforming uses and how they are handled, the consistency of the zoning land use categories, and again, as Bruce explained, we did our very best to make sure that there weren't new categories but that they were consistent with the land use categories in the future land use map. What you will see that's a little bit different perhaps is 5 -1 are some tables and I think they are what, at the end of this, end of this chapter there are some land use tables that try to match up what particular zoning categories are in terms of uses. Now again, at this stage, there will be continually kind of making sure that we haven't left something out where "S" for example, a special exception, "P" would be permitted use and something that would be the little dash would be, not permitted in a certain district. Now again, over the next couple of weeks we'll all be checking each other to make sure that we don't have anything that's inconsistent with what you have now. In some instances, for example, if we've got an acronym I'll beat myself over the knuckles and we'll go ahead and make sure we spell it out like the congregate living facilities and some of those I noticed in there so we'll make sure we got them where everybody understands what the use is based on being spelled out. Were checking each other so that you may see some of these and if you happen to notice something that's a little bit different we've already today gone through some, I see Paul looking at some things that we've changed, so well be matching those up and you'll get fresh tables of these next time, without spending a lot of time tonight. I think that's not a bad way for people who say, "ok, I've got so- and -so how do I see whether or not that's going to be usable or not. So it's a lot more user friendly than normally you would see where you have to go through a whole list of stuff without visually seeing how they match up. Behrens: All requests for Special Exceptions, not variances -- variances still go to the Board of Adjustment, but all request for. Special Exceptions reviewed by Planning and Zoning r Commission first. 7 LaRue: 5 -2 just to go on from what Bruce says. 5 -2 the table tries to reflect, and I think there were a couple that we turned around but, the set backs, the minimum front set backs, rear set backs, lot size, minimum living areas, if anybody wants a quick foot note of what they're looking at for something that gives us qthat ability on those. Basically this chapter reflects in the last page of this chapter, or you remember Bruce had talked about activity centers, or maybe that was a policy, you remember, that came out of the plan. Bruce, do you just want to highlight, you have a map there showing where activity centers would go, and what does that mean, Bruce in terms of land use. Behrens: Basically to look at the activity centers, we mentioned them in Chapter 4 and Chapter 5 on page 18096. There are three paragraphs in there, in the middle paragraph, what we say is, traditional zoning categories will not be utilized for activity centers. And this again is where the developer can come and make a presentation to the DRC, the Planning & Zoning Board and to the City Commission based on flexible set back allowances, increased floor area ratios, in a PUD bubble and saying these are the different uses, these are the elevations, this is what it would look like, this is what we want to accomplish, for example, the Clarke Road landscape development guidelines and there would be a plan for the black dots you see there. There would be an overall plan. We have never done anything like this before, so what Ellis has directed me to do, is to take the Comp Plan where we are speaking of activity centers, then take the draft of this Code and sit down with the developer and say "We want to make you aware %lbw this ". It doesn't mean that you have to use this, but this is now an option. If they want to utilize the traditional zoning, they can use those set backs. We say in here that the traditional zoning categories will not be utilized for activity centers. It's not mandatory for activity centers, that's not to say that they can't build traditional shopping centers in a C -2 zone, were not saying that. Were saying that they are not going to be held to this that they can use innovation. In Chapter 163, the State Legislation specifically uses the word innovation in the land development regulation so this is our innovation, this is our option and it's spelled out here on page 18096. On the page before that we talked about special overlay districts, we will talk a little bit more about this traditional neighborhood district and if there are A through I, there are characteristics of what this traditional neighborhood development might contain. Again, it would be a planned unit development bubble. Resnick: One thing we might want to talk about that Jim Swickerath brought up at one point. Why do we need a PUD and traditional neighborhood district. Or why do we need PUD's and special overlays? And the easiest way to think about it is, a PUD is one developer coming in and developing a PUD. A special overlay district or traditional neighborhood district or an %kw activity center can be two or three developers that have property all together and they do a big PUD amongst 8 themselves. That's the easiest way to look at the difference between what a PUD is vs. what these larger areas are. Behrens: The PUD is a vehicle to accomplish what this wording allows them to do. We also made changes on the next page, page 18097 under Heights. We talk about chimneys, elevators, flues and so forth, that are not used for human occupancy may not extend for more that 10% above permitted height limits in each zoning district without receiving a variance. That means that this big tower that we have down in the Ocoee Industrial Park that suddenly appeared out of no where, they can't do that anymore. They have to now go for a variance to the Board of Adjustments, if the height limitation is 35 feet they can go 38.5 feet, if they want to go higher than that they have to come to the Board of Adjustment. It is now a vehicle for controlling. LaRue: Chapter 6, is your Article that contains your traditional engineering standards. The asphalt requirements for a road, the size of different highways, the road way design standards, also contains parking requirements that we've had, also off street parking standards. Remember that's also a 9 -J -24 requirement. You already have a parking ordinance, but at the same time, we've gone in, I think you all have requested with Bruce and Janet from time to time, about are there ways where you could utilize joint parking or the ways where you wouldn't have to asphalt as much. There are abilities within that, you can just look in the Article without me going into detail, but fir► there are areas where when you decide that there is less impact necessary for a particular time, you can hold some of it in advance, you can have some of it in grass parking, the percentage vs. something else. A little bit more flexibility in the parking standards than you had in the past. Bruce is there anything else on that? Behrens: Let's look at 18120 at the bottom of the page. Just like the churches, for example, that are operating on Wednesday nights or Sundays. We've had the small church right up here on the corner of McKey and Bluford, they came to us and they said do we have to pave everything in here, this is so beautiful, we have oak trees. We told them they didn't have to because the code would have something like this. That would be a kind of situation that they could come to you and come out of the DRC and come up here to the Planning and Zoning and the City Commission. If you all felt that it was a situation where we could permeate and there wasn't all this heavy oil going into the ground we would let them do it. Again on Page 18122, we talk about pedestrian and bicycle facilities where we are now saying that commercial uses such as shopping centers will be assessed in the Development Review Process, to see if there are provisions made for motorized and non - motorized parking areas. Switzer: Is this bicycle path a state wide undertaking to provide bicycle paths for those who wish to use them? The reason I 9 asked is, when I still lived in Virginia they were undertaking that same process and I was wondering if it had spilled over in to down here? 3ehrens: Yes. I think that's part of the requirement why we have to go Now to 5 foot sidewalk to is to accommodate both bicyclist and pedestrians. Some of the new DOT guidelines, I think call for a 14 foot outside lane to give a couple of extra feet for bicyclists. There moving in several different directions, they are trying to accommodate foot traffic and handicapped. LaRue: It also correlates on how successful it is, excuse me Bruce, how successful the monies are. You'll see spurts of money coming out at certain times three or four years ago, it seemed like bicycle paths had more money and now with the disabilities there's going to be a little bit in terms of handicap. Your success of what crops up could very well correlate to where the money is, but they definitely now, are showing design standards that they didn't ten years ago to accommodate some of these things. Not to repeat to much, but we give you some flexibility where you didn't have before to be able to accommodate some of these things that are coming. The next section that talks in terms of standards, stormwater standards, some policies and things that were right out of the Comprehensive Plan. There are other sections, drainage requirements, they probably, even though we had some existing language probably reflect some of the comprehensive plan level service requirements that we had. I would say 6 probably more than anything else, your existing landscape ordinance, I think the standards for that rather than create a whole new landscaping kind of approach with your tree ordinances is folded into that and that's reflected in this Chapter. Behrens: I'd like to talk a little about on Page 18135, open space. One of the mandates of 163 is that you have land development regulations that address open space. The Planning Department has talked for a long time that large scale subdivisions should also be required as PUD's are to provide some recreation amenities or open space amenities or a combination of both for the private recreation of people who live in there. So we have taken on Page 18135 going over to 18136, we have given a standard here that any subdivision that has 10 or more units, 10 - 50 units must provide from a list that we put down here, could be a swimming pool, could be a club house. It could simply be a tot lot with play equipment on it, picnic shelter, bar -be -cue area, tennis court, etc. They must provide if they have 10 units or more, one of those amenities. When you hit the 50 range which would be like the Highlands, the new Hallmark Homes development off of White Road and Montgomery Road, there 50 units. When you hit 51 units, you have to provide two of those amenities and then it goes on up from there. LaRue: Bruce, the only correction on that page probably would be if you look at, and I asked you to pick out one of those that maybe did not necessarily fit the recreational day care Nl1rr facilities, we've kind of looked at that and were not sure that... 10 Behrens: Well, we did and that's on page 18135, it talks about subdivision design standards. We eliminated day care facilities there and when we get to the multi family housing standards we felt the day care might stay in there because it *lbw was a part of it. Switzer: How does this interplay with a park that is already in existence, Tiger Minor Park? I know that's far away, distance wise but... Behrens: Tiger Minor is a public facility that's utilized by all people in the community. It's open to the entire community, even the little park at Silver Glenn on Spring Lake is a Public Park. Anyone can utilize that park. Lets take for example, Spring Lake. Spring Lake is a huge subdivision of some 300 homes. What this would require now is if they had 300 homes, they would have to have four things. They would have to have a tot lot, maybe a tennis court, club house and pool. It treats them just like we treat PUD's. What were seeing is that the people who live in that community we need to provide recreation for. Switzer: In addition to what may already be existing somewhere. Behrens: I'll tell you where I lifted this from, I'll be real candid with you. I was in the Urban Institute Seminar and they had a demonstration booth I came across this little booth and there it was a land development people here in Florida. They had written a code for San Bernadino, California and they had this code there and were saying "this is our code ". We submitted it for an award, this that and the other thing, and they hadn't got the award yet but I looked through the code and'I really, really liked it. The reason I liked it was they were Florida people writing a code for California and that really excited me. I asked them for a copy of this and they said they could give me one but I really needed to go through San Bernadino, so I called San Bernadino and talked to their planner, and they said they would be more than happy to send me the code and oh, by the way, we've just won first place in the American Planners Association awards for the best code in the United States. And this is a fabulous code that goes into much more detail on a lot of things because they have residential, commercial and industrial guidelines. It's a bible, and I just thought this was marvelous, so this is where it came from. I just wanted to share that with you. We think that it is certainly worthy of merit. We think any big subdivision certainly should provide a tot lot with a sand box for children to play in. We think we need to move in that direction rather than just a cookie cutter, well we'll max out this side and get as many lots as we can and forget about the people. Switzer: Thank you Bruce. Behrens: Kind of a long dissertation, I don't want to get off on to much of this, but you know the amount of time we spent on trow this. We're very proud of some of the things we've done in here. 11 LaRue: Like Article VII, Bruce, are you ready or do you want to comment on anymore? Behrens: I wanted to say one other thing. Janet didn't we increase the tree width from 1 1/2" to 2 1/2 "? Janet: Yes. LaRue: We did do that, I think. Behrens: Ok, we have a minimum tree width now of 1 1/2 ". After talking with several developers like Walter Tilley of Centex, they require four inch trees. They say that anything less won't live. So, Centex Homes requirement is 4 ". Based on that we went from 1 1/2" to 2 1/2" as requirement. We didn't want to go 4" cause that's a lot of money. LaRue: Chapter VII is your Natural Resource chapter which has to do with your environmental protection. An awful lot of your comp plans was in that area for protection of well cone protection, cones of water influence. Probably the best way to describe that, if you look at page 18162, down at almost the bottom or the middle page. Number three, environmentally sensitive lands, lands located within the corporate boundaries of the City of Ocoee which are characterized by one or more of the following. Then it talks about different severe areas in terms of flood planes that would be specifically drainage areas, talks about wetland fringe areas, areas that would be near a natural well , in terms of cone of influence, protection of that, any archeological site that you might have or historic site, and all those. Then it deals with how you would deal with hazardous waste, hazardous substances. Talks about what kind of development review in those areas and how that applies to the procedures that are picked up in your other Articles about how you review for subdivision plans in those areas. Probably the thrust of this chapter is, that it still comes back to the fact that if you get into an environmental area where somebody's got uplands, for example, that you can use you will have the flexibility to be able to go out and use an uplands area and have something through a PUD or whatever as open space rather than just hammer people in terms of the taking. So, I think that's probably good for the standards of the management. Now days the wetlands are very important so it reflects all that and even the critical habitat without being to specific. You also, in that chapter, have really your flood prevention ordinance is almost laid into that as far as protection from the building official responsibilities, manager, the FEMA regulation. Then the rest of the storm water design standards were picked up in Article VI that we spoke about earlier, so that is probably the article that more or less handles your environmental protection. I think that does a pretty good job, from time to time, when your reviewing things you may want to improve it. 'rrr► 12 Behrens: I'd like to comment on one subject here, Jim. The situation where we would have a developer who had a piece of land lying in a conservation area, where we made this determination it was a viable wetlands, a Class One wetlands and that any development in that area might be precluded by that and instead of the developer loosing his entire, all of his development rights, we could use the vehicle of transfer of development rights. We have a situation for example, on Highway 50 where there is a land owner who has a substantial piece of property on the north side of the road that's lying in this wetlands area. He may come in when it's time to develop the property and argue that well, if I can't develop anything on here, you're taking my land. There has been articles in the paper this week, if you all have been following the paper, there's no vehicle in that jurisdiction for any transfer and development rights. We have on page 18079, a section, Article IV, Section 7 on the transfer of development rights. There is a pretty lengthy section in here that says under what circumstances this option can be used. Again, it's one more option that we have to help litigate situations where in other cases that we may take. Here we can say, well, if this guy could have done ten units on this property, it's possible that we could give him those ten units on another piece of property that he owns through this vehicle. LaRue: That was a separate ordinance that we determined, I think, tonight that hasn't been adopted, was drafted, and then would be merged in the Land Development Code, correct? ,,, dehrens: Yes, we had talked about this and since we were this close to doing this in the land development regulations. We have a situation, as you may remember, in the South Water Plant, that involves the Heller Brothers and the University of Florida and that kind of focused our attention on the need for vehicle such as the Transfer of Development Rights. Where we had a situation were we might out of necessity need something like this. Then again, it's another option, it just makes your Code more flexible, doesn't say you have to use it, it says that in certain circumstances this could be applied. If, for example, the Western Beltway comes in and chews up some of the Heller Brothers property and they would have been able to build six or ten houses, it may be that we can transfer some of the development rights that they might have had there to another section of their property. It just allows you to look at the situation and be more flexible, then saying, well this is it and you're out of luck. I just wanted to throw that in as we were kind of going over. LaRue: That's good Bruce, I appreciate that. Chapter VIII, it is a requirement of 9 -J -24 which you had already had in a separate signed ordinance. About the only issue there that I think you had talked about, non - conforming signs, legal non - conforming signs and in how many years could they be phased out. We basically determined five years and I think you will see a section in there that talks about that, I think it even pertains to billboards, certainly believe it does. 13 LaRue: And we had talked, in fact, you might in this draft see three. I'm not sure if you do see three years, if we determined from a legal perspective that you really should, consistently five years is what time you really have to give somebody and were not talking about illegal signs but were talking about once upon a time, something that was legal, is your sign ordnance would take effect even though it's existing, they'd have five years from that time period, which they could either amortize or phase out the particular sign. Switzer: Which brings up a point about signs. I was absolutely appalled when I went down Maguire Road the other day, going fishing, and I saw the end of a building up there at Maguire and S.R. 50 painted, with a big sign where the old Piggly Wiggly used to be. There is a Sub Shop in there, or something, and that building is painted white with big sign and I think it's absolutely disgusting. Behrens: Is it a sign for the Sub Shop? Switzer: Yes Behrens: On the west side of the building? Switzer: Yes Behrens: I haven't seen it, I'll go look at it. Switzer: It's right across from the Shell station. That's terrible. It's so out of character and place, I was shocked when I saw 1 1r it. What I would hope that in here, if it isn't, that we insert it some how, is to prevent that type of a sign from being allowed. Behrens: It's probably not legal, in terms of the surface that it takes up. My gut reaction is that it's probably not, but I have to check with Don. Switzer: I understand the man is in business to make money and he needs to advertise and all that, but I think this is just a little over board really, in my personal opinion. Behrens: Here, I'll call you, I'll get with Don Flippen and I'll get with you. Switzer: So can we put that in here some how. LaRue: Yes, what I will relay upon Bruce and Janet to do, if they don't mind, is see whether; 1. Is it a violation for this, if it's not, then we'll find something that shows it should be based on what's in here. Not dealing with a particular situation, but a situation in general. iehrens: You know a sign is based on your square footage in the shop. It sounds to me as if he is taking up the whole wall, then you have a problem. 14 LaRue: On wall signs too, there is generally a requirement how high up you can go and down to the bottom, describing it, that may not be right either. 3ehrens: This is a point of information since we all massage all of these things. We were attempting to tweak the sign ordinance and Don Flippen put a stop to that, he said he liked his sign ordinance and wants to keep it the way it is. LaRue: Well the secret to good sign ordinance enforcement is somebody that knows that the ordinance can be the worst ordinance in the world, but if you can enforce it and you know what it is, then that's better than the most complicated ordinance nobody follows. Article IX, and that's probably the one of most controversy and you'll see the most changes in it for the next time. Concurrency, and I'll just briefly make some comments on it, Paul may want to too. Again, concurrency management system, in order to be consistent with the facilities that will be in place when the people do the development this Article tries to match up the level of service for the different requirements, roads and all the those things that are out of Comprehensive Plan. Now, one thing that will be reflected in this a little better job of matching up, and it starts on page 18194, down at the bottom of Vested Project. Again, remember we're going to match up the vested ordinance that will contain how vesting pertains to concurrency, and you will see that next time. That will be in Article I, so that ability to be able to vest or not vest for concurrency will be in there. You will also %kw see in this particular Article, the Article of Concurrency, one thing I neglected to show in this draft is that there are examples where concurrency would not apply. I have an existing house and I'm adding bathrooms, or I'm remodeling or I'm not actually increasing units in terms of the particular level of service. There are four or five of those that you will see next time, that is something that was pointed out that we need to have. There are a couple of dates about when a particular right of vesting would stop, it may be from the attorney's point of view that once it's established, it does not stop. In some of those kinds of things that will probably be reflected in the ordinance in terms of the procedures. We talked on Page 18197, about an infrastructure deficiency map. I'd like to just speak about that a little bit, what we'll probably do, is have this as a working tool, and how this will work for staff is somewhat limited. When you get into the concurrency you forever having to figure out whether or not a particular road, for example, is got the capacity left after somebody used it so much, it's vested etc. That deficiency map will become the working tool by which your staff will be able to tell if something is marked with a particular circle on it, they will know that is a deficient area based on what they have come up with. Once a year you'll have an inventory, prior to budget time, that will allow you, if you need infrastructure, capital improvements, you will be able to take care of that vs. continuing on in a deficient 15 state. That's one of the tools that will be used with the concurrency management system. Switzer: I have a question, and I talked to Julian about this and he gave me the answer and I forgot what he told me. Say I buy 10 acres from someone, and he's got certain rights and plans for that property. Do they transfer to me? LaRue: They go with the land. Switzer: Now, is there a time frame that this would follow. Rosenthal: Most would be time limited, for example, it would say, if it's a subdivision plan approval, if your not proceeding with due diligence in one year. So you'd have the subdivision plan approval, but if you just sat a year and didn't do anything it would be gone. Then you would have to start over again. LaRue: Those rights would not be any different than if I held it continually. Rosenthal: Having said that, do we have any procedure in here for property owner moving approvals between properties LaRue: We have not allowed that, that would be transfer your rights to another piece of property and we thought that would be more confusing than to be a little bit detrimental. Behrens: Should we cover this at this point. LaRue: As a policy decision, you certainly could but the difficulty of that is you may have negatively impacted area when you start to do that. I didn't mean to talk so much but this chapter, again you can see attachments to that for inventory kind of approaches for the different level of services. Facility rules for the concurrency assessment. There will be some things that we will be fine tuning over the next week or two as far as procedures, but basically, what it does is try to come up with a concurrency management system to allow people to be able to know whether or not the public facilities will be there or can be provided before the development takes place. Paul may want to add something. Rosenthal: One other key concept that's going to be added on concurrency, deals with capacity reservation, which is basically a recognition of the state of financing projects in the country today. As a general statement, most lenders now, if there going to give you any kind of financing the project there requiring is a part of there loan closing packets that you have some kind of concurrency statement from the governmental agency which says that you have road, sewer, water so that the lender doesn't find that they have sunk a million bucks into the project then you go to pull a building permit and they say "Uh -huh, no capacity ", you have to sit for two or three years. Both Orlando and Orange Country have similar provisions in 16 there code in recognition of the requirements that lenders are having so someone will be able to come in on the front side, provide some basic information and over a one, two or three year period reserve capacity which would be as if it is used, tom, and then they would then proceed with their project. The cost of doing this, for example, if it's a one year reservation, they would have to pay all of the impact fees up front at the time they make the reservation and that would be sewer, water, road. If it's over three years, then it may be spread out over the three years, depending upon what the phase in program is for the particular project. LaRue: Not to make it more complicated, but in a very early stage you can let them know what it looks like without guaranteeing or promising it will be there. And what we have been trying to determine at what point can you say to somebody, prior to the final development order because they will spend a lot of money buy the time they get to the design standard. At what point are you comfortable with them being able to know, and I think Paul's right in a sense, that once they start committing money then you are almost putting them into an equatable estoppel deal anyway, probably when they made sincere investments in terms of some things but than less than that, let's say I'm just looking at a preliminary plan and have not received approval for something you may have let someone know what it looks like without the guarantee. So that is kind of where we want to be. Switzer: Kind of work with them. NriaRue: And there will be a series of applications, I don't know to what extend we'll have all those but there are some things that we'll try to do for next time that will give you a little more beefed up version of that and Paul's suggestions will be in that as well as the Certificate of Reservation, which several entities have. Again, without being to wordy, that's pretty much the Land Development Code as it stands. We will answer any questions that you have, which you will see the next time, or corrections from the things we mentioned that we have talked today so you tell there are changes that we are already seeing. So anything that you have tonight plus what we've done will be reflected in the books for the next time on the 24th. Switzer: Before we get into that I'd like to declare about a three minute recess please. Switzer: Call For Recess: 8:35 P.M. Switzer: Call To Order: 8:45 P.M. LaRue: Mr. Chairman, that is our part, as far review, we'll stand for any questions but you will see the revised part before you get %lbw your next week meeting and that's where we are. 17 Behrens: I would like to read you one sentence and this is on page 18183, entitled Water Conservation. All plumbing fixtures installed in new buildings and renovations of existing buildings for which plumbing permits are required shall be low volume fixtures as required in Section 553.14 for extension. LaRue: What we'll be asking for after the public hearing next time will be a recommendation that is consistent with the Comprehensive Plan, basically, so that's what were looking for. Rhodus: This is an excellent piece of work. LaRue: Do you think it will be a good tool for you to use, that's the purpose? Rhodus: Oh yes, excellent, excellent. Behrens: I do want to qualify this by saying, as hard as we worked, as much input as we have had, Orlando has a planning department that has a hundred people and they have passed their code too. They are going to have constant revisions. Switzer: What is involved in making a change in the code? LaRue: It's not a comprehensive plan amendment, you know it's less than that. Rosenthal: You would need to initiate the change, have a public hearing, the City Commission would have to consider it by an ordinance 1rr adoption. Ordinances adopting or amending the Land Development Code have additional procedures beyond normal ordinances that requires two public hearings, quarter page ads and the big one with a picture of the city showing all the affected areas. Switzer: So that, it would make sense to me that if the process of it being a living breathing entity, a part of the city, that maybe twice a year, or once a year that you would group all the changes together if there were some that you wanted to add or delete. Rosenthal: I think the first year your probably going to need to do it more frequently than that. A developer is going to come and he's going to have this book here, he's going to want to do something, he's going to have this book here, he's going to have your code and he's going to point out something and he's going to say, "I'm entitled to do it under the Comprehensive Plan ". Even though you are adopting this, this has to be consistent with the Comprehensive Plan and if a developer finds something in the Comp Plan that this says he can't do, I think were going to find in all these thick pages some glitches like that. Not based on City reading it at bed time but based on practical application to projects that come in. sur :.witzer: So, in a scenario like that, then what would happen if he is consistent with Comp Plan, then you got to let him do it? 18 Rosenthal: We'd want to evaluate that on a case by case basis, but there could be situations where we might say even though the Land Development Code says, is either silent or addresses in the contrary manner, the Comp Plan would prevail. S witzer: OK. Rosenthal: But I am sure Bruce will lump those depending on the significance. Obviously, if there is a major glitch that you can drive a pick up through, that would be moved along more quickly if there is just minor clean up kinds things, I am sure those will be stacked. LaRue: And that's even true today, that if you do not have your Land Development Code adopted and there was something that's a policy in the plan today that was in conflict with the comprehensive plan rules. So, that's not just because of this code? But, that's the way it works. Rosenthal: For example, on the Lake Lotta development, their approved land use plan under their PUD had a day care center in a certain area which was inconsistent with the future land use map. We told even though they had it, that they couldn't put it there and they could put in residential zoning. Now both Lake Lotta and the city had the same objective, they wanted residential development. The city wanted comp plan said residential development so it wasn't confrontational but that was a vehicle to allow that to happen. 1witzer: Well, I would like to compliment the staff on all their 1 111110. , efforts because I found there were questions that I had and in reviewing this, I found the answers because they were in the place that I could find it. If I can find it, then anybody can find it. So I found it very helpful to me personally. Behrens: Do you feel that if you were a developer trying to do development that this would help you. Switzer: Absolutely, without and question, because if you got a lot of questions, it's right here and it's in the order in which they would like to have it presented, I think personally, I don't know about the rest of you. LaRue: Yeah, I was going to say that, they won't be real happy all together, but somewhat. So next time we will be prepared with the revisions and go to the public hearing, would be our next step. Bruce, do you need anything else that we've left out? I don't want to keep everybody Behrens: We've talked about this for a year and a half and we've finally done it. Rhodus: Will we get the revisions from tonight, or whatever, prior to the public hearing? ollor tesnik: We are hoping to get them to you the Friday before that meeting, that means on a Wednesday so you would have the weekend and a couple of days. 19 Rosenthal: And you'll have them black lined to show the changes. LaRue: We call them red lined. %tosenthal: Red lined. Switzer: Ok, I'm going to bring this up at this point Bruce, I don't know whether it's appropriate or not, it's already fact. You mentioned about the radio tower a while ago, I realize that the process is that the Building Department issues the permit because it was in the code and it was permitted upon that piece of property and in that area, and so forth and so on. That thing is such an unusual request, wouldn't that kind of raise a flag in anybody's question, mind to say, they better check with the planning department, or is that even required? Behrens: Same question I had, but apparently Don Flippen said it was approved for use. It's one of those things that never occurs to you until it happens, and it was a good mind joggler because we went through different scenarios what if, trying to anticipate, how can you anticipate the future in technology. We've done everything that we know to plug any holes that have been brought up to us in the four years that we have been here and to avoid this kind of thing. The use chart, we've have gone over again and again in how would this be interpreted. It's one of the things the city has already made. As you go through here, this is not clear and we need to define this more. But as far as we know we have plugged the hole. Do you like the idea of the Activity Center, of allowing the developers the freedom to present anything to you, it could be five stores. You could say cut it to two and a half. At lease there is a vehicle where they can come in and say "Well we have this vision ", do you like that, do you want to share that vision that I have of wanting to entertain creative proposals? Switzer: I think so, try it you may like it. Behrens: What I was thinking of was the Maitland Office Park which had been a mixture of success and beautifully landscaped and looks good. I think they may need a little more road capacity at 5:00 p.m. That's the kind of thing that we may have presented to us along the western beltway, especially if the interchange impacts it. Switzer: I think one of the greatest things, and I was just out there today on L. B. McCloud Road "Industrial Center ", where all the business are, and it's a great concept. I have seen it . in other areas and let's face it, we need these people, we draw from them, and I think it's a fantastic concept and a great idea. Behrens: You can go down Mcguire Road and you can turn into Windermere Groves and the little child care center that used to just be a shell, there was nothing there. Now there are little bodies playing in the yard. Moms are dropping their babies going to 20 the store or work and its all starting to function. Its nice to see. Switzer: Any other comments on the Land Development Code? Switzer: OTHER BUSINESS: Behrens: The golf course sign is up I've been told. I haven't been out there yet. A permit has been pulled for the sign. Switzer: Do you have any information on the Lake Lotta? Behrens: There is a contract, signed, sealed and delivered contract with lots of options or outs. They are in their investigative phase which is 90 to 120 days so I would think that by Labor Day.we may hear something. We have put together a ball park schedule of impact fees that's over four million dollars. They estimate the cost at a million dollars to find the answer to can they do it or not. Behrens: Ellis's mother passed away. I was going to tell you that earlier. He'll be leaving early in the morning Friday. Switzer: Bruce were you aware that the county runs water quality tests on the lakes here in Ocoee? Behrens: Yes Switzer: Are you aware that the city is now involved in a lake watch ,,. program? Behrens: No Switzer: Buddy Elmore and I are the Lake Watch. Behrens: Speaking of the county, I got this quick item for you. There was a meeting in Orange County, the County Commission to discuss the reduction of the Metropolitan Planning Organization from 16 members to 9, it was a 3, 3 split vote. Chairman Chapin was not there but I understand she will be back next week and they will re -vote. Ocoee, Apopka, Winter Park and Maitland objected and the Mayor phoned from Maitland said that there are eight petitions (passed by the smaller cities) going to Governor Chiles. The second issue on Thursday night 7:00 to 7:30 at Orlando City Hall there was a public hearing on changes in the Charter recommended changes. One would be a county wide road impact fee that would be super imposed on top of the cities. Rosenthal: Superimposed or superseded? There is some uncertainty about that. Behrens: That would be one item for discussion. Another item would be where you have conflict between the cities comprehensive plan and the County Comprehensive Plan. There would be a commission set up to arbitrate that. 21 There is a movement to create preservation districts, i.e. Claracona, Gotha, Christmas and Tangerine that would, if there was property that was compected and contiguous to a city that was part of this preservation district, the people, either the Orange County Commission or the people living in this district would have to vote to allow the voluntary annexation. The problem here is that these preservations districts are not defined in any comprehensive plan, they have been created by the Orange County Planning Department with help from the people living in the preservation districts. For example, Claracona's map shows Claracona coming all the way past Clarke Road which in my mind is very unrealistic. Switzer: You had mentioned to me one time about there wanting to burn medical waste? Behrens: Yes Sir. Switzer: Have you heard anything more about that? Behrens: The County has sent us a memo from Joel Princel, their County Attorney, asking us not to allow any incinerators, burnings of medical waste, till such time they can get an ordinance up and running. We do have a replacement, a request for a replacement crematory on Bluford, which my understanding is that they are just asking for a replacement they are not asking to burn additional medical waste. I raised the question with Don Flippen, and I feel real strongly about that. I would like to see some vehicle to have those kind of applications for permits, at least be reviewed by you whether r they are replaced, new, or old. Miller: Where is this located? Behrens: It's on Bluford. Switzer: Do we need to cover that in this? Resnik: Quality vaults. Behrens: It's just something for you all to think about, if you felt strongly about it, you could raise the issue at the public hearing and discuss it. I guess maybe I'm jumpy because of the tower that suddenly appeared, and now we're talking medical waste. Switzer: Well we've got a hospital coming. Behrens: Yeah, that's true. The hospital for me is more under state regulations. There are regulations that Florida Hospital has to go through for incineration. Miller: It wasn't long ago that there was a company that came to the County that wanted to put something up like that, in Claracona. Then it come out in East Orange County. That's why the County is super sensitive about it. Behrens: Isn't there a medical waste facility permitted at King Road. 22 Miller: Yes, but its not gone anywhere because it's being held up by the County, I think. Rosenthal: Like what you could do, I mean, if you wanted to address it, I think you just add it to your use regulations table and then indicate, specifically address whether its permitted, not permitted or special exception. And if there is any kind of use that you want to specifically regulate and you look through the use regulation schedule and you don't see it here, basically bring it up and add it? Resnik: Or if you want to prohibit it all together, there is a list in Article V, of prohibitive uses, things that aren't allowed anywhere. Behrens: This is a situation where it's a permitted use, an on -going permitted use and then it stops. The crematory has been down for rehab for approximately six months or so, now it starts back up and I'm just wondering if somebody, whether it be the P & Z or the City Commission or somebody other than an administrative person should look at and put conditions on that use permit. I'm raising the question because the County raised the question with me. It's come up before and they felt strong enough to send us a memo on it. Weeks: Was that rehab a result of a state regulation. Behrens: I have no idea, that's my problem, I don't know why. Weeks: There is an article either in the Specifier or Florida `,,. Environment, one or the other, about crematories and about that they may be required to spend approximately an additional $20,000 to updated their facilities. Behrens: Engineering might get that. I know of what your speaking of but I don't get the publication. Weeks: It was in the June issue. Behrens: Do we make crematory permitted use or is it a conditional use? LaRue: I think we made it a special exception. Behrens: I ment special exception. Then anything new would come though here and you could put conditions on it and recommend it up to the City? It's this replacement chart, I don't know how you are going to handle it. Behrens: Yes, that's permitted in the current. Rosenthal: It doesn't look like it's on the list here. Behrens: It's there. The County just called me on this and asked me under what circumstances crematories were permitted, or incinerators, is what they asked. I gave them the Hospital C- 2, I gave them the crematories which are allowed in A -1 and A- 2 under the present Code. I've seen it in here, I know. 23 Switzer: Well do you think we should take some action on this tonight? Can you add it or how do you recommend we handle this? Behrens: Well, I think for new use, I think making it a conditional use we bring it to you. If it was a permitted use, you would never see it. Is that right Jim? LaRue: Yes: LaRue: We will look at where it would be appropriate and give you a shot at it the next time. Switzer: Ok, fair enough, is that alright? Rosenthal: They can add it in, you'll see it as a highlighted. Behrens: It's under funeral parlors right now and that's a traditional use of a funeral. Behrens: Medical waste is not a permitted use. Except now the hospital, again, I think that's state regulated, like Florida Hospital is in Orlando. Switzer: Anything else Bruce? Behrens: No Sir. Switzer: I'll entertain a motion. Miller: Seconded. Switzer: Meeting is adjourned at 9:10 P.M. rold Switzer/Vice-Chairman ATTEST: ^.� . 7t-LF Ellen King, Deputy Cler 24