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HomeMy WebLinkAbout03-12-13MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MARCH 12, 2013 CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice - Chairman McKey, Members de la Portilla, Dunn, Marcotte, Sills, and West. Also present were City Planner Rumer, City Attorney Cookson and Recording Clerk Turner. ABSENT: Members Dillard and Keethler were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, February 12, 2013. Member Sills, seconded by Member Dunn, moved to accept the minutes of the February 12, 2013, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS Park Place PUD Rezoning & Land Use Plan City Planner Rumer gave a brief overview of the proposed project. The subject property, also known as Lake Butler Professional Campus, is located on the south side of the Florida Turnpike and on the east side of Maguire Road, at the intersection of Tomyn Boulevard and Maguire Road. City Planner Rumer explained that the subject property is zoned General Commercial (C- 3), and has an approved site plan and development agreement for the Lake Butler Professional Campus. The rezoning calls for two mitigation issues: (1) $300,000 to the City of Ocoee toward a right -turn lane from northbound Maguire on to eastbound Old Winter Garden Road; and, (2) $20,000 payment for spruced up landscaping on the medians of Maguire Road. Originally approved in 2008, Lot 1 was to consist of a mix of professional and medical offices, and Lot 2 was to consist of a mix of retail and restaurant uses. The new proposal will include 242 multi - family units on 11.34 acres and 2.60 acres of commercial and retail. Planning and Zoning Commission Meeting March 12, 2013 City Planner Rumer continued by saying that the applicant is not seeking to renegotiate the development agreement. The development agreement was amended to include a $400,000 payment to the City for the construction of a northbound right -turn lane on Maguire, or for the developer to construct the right -turn lane. He continued by saying that adjacent to the property is the Villages of Wesmere, the master stormwater pond for the Villages of Wesmere, a vacant C -3 parcel, and the Florida Turnpike. He informed the board that this project came before the Commission on August 14, 2012. He continued by saying the Planning and Zoning Commission did recommend approval, however, it was voted down, 3 -1 (Mayor was absent), at the City Commission level. City Planner Rumer continued his presentation by saying that the proposed apartments and commercial outparcels will be architecturally cohesive with the surrounding development, and that access to the property is proposed via a northbound right turn on Maguire Road, and an additional access from Tomyn Boulevard. The first waiver previously granted that is to remain in place is to Section 6.14 C(2)(b)(i) of the Land Development Code (LDC). The LDC requires a 25 -foot wide landscape buffer along Maguire Road. The applicant is requesting a waiver to this requirement to allow a reduction of the buffer from 25 -feet to 15 -feet for the portion of the property that has frontage along Maguire Road. The second waiver previously granted that is to remain in place is to Section 6.14 C(2) (b)(i) of the LDC. This section of the LDC requires a 25 -foot wide landscape buffer along Tomyn Boulevard. The applicant is requesting a waiver to this requirement to allow a reduction of this buffer from 25 -feet to 15 -feet for approximately 192 -feet along the portion of the property that has frontage along Tomyn Boulevard. The applicant has requested two additional waivers from the requirements of the LDC. The first waiver is to reduce the required 10 -foot wide landscape around all buildings to 5- feet for the multi - family lot only. This allows for privacy with the diversion of landscaped areas and sidewalks. The second waiver is to reduce the parking spaces per dwelling unit from 2.25 spaces to 2.15 for the multi - family development only. This allows for additional landscaping and green space with the flexibility to add additional spaces if occupancy levels dictate. He continued by explaining that if the commission approves the site plan, the developer will dedicate money to the lengthening of the left -turn lane from southbound Maguire Road to eastbound Tomyn Boulevard. Planning and Zoning Commission Meeting March 12, 2013 City Planner Rumer advised that the Development Review Committee (DRC) met on March 5, 2013, and reviewed the proposed PUD and PUD Land Use Plan. Staff supports the Land Use Plan and waiver requests. DISCUSSION Vice - Chairman McKey inquired as to why the City Commission denied the rezoning from C -3 to PUD. City Attorney Cookson explained that the City Commission expressed concern with the increase in traffic level and noise from the Florida Turnpike. Vice - Chairman McKey commented that the plan included a reduction in parking. He inquired as to where additional parking spaces will be added if needed. City Planner Rumer explained that the PUD is a concept plan, and if approved, the next phase will include the preliminary site plan. Vice - Chairman McKey inquired as to what would trigger the need for more parking. City Planner Rumer explained that it is completely internal and not mandated by the City. Allison Turnbull, attorney with Baker & Hostetler, attended on behalf of the applicant, Skorman Development Corporation. She gave a brief overview of the proposed project, and addressed the concerns the City Commission previously had with approving the project. Ms. Turnbull explained to the board that the new plan cuts the average daily trips by 50 %; therefore, reducing traffic levels. She continued by saying that the project will include commitments such as turn -lane improvements, intersection improvements, and landscape improvements. The project will be consistent with the Future Land Use Plan, and will be consistent with the surrounding area. Ms. Turnbull informed the board that the developer commissioned a noise assessment (Exhibit A), which found the noise level at the building closest to the turnpike to be no different than any standard residency. Additionally, the developer provided a market study that shows this area needs this type of high- density residential project. She continued by saying the overall occupancy rate for Southwest Orange County is 95 %, and the need will be met with the Orlando Health expansion. Member de la Portilla asked what the intersection improvements consist of. Ms. Turnbull explained that the intersection of Maguire Road and Old Winter Garden Road will receive increased landscaping, and there will be a left -turn lane on Maguire Road going towards Tomyn Boulevard. She continued by saying that the developer will also manage the project. City Planner Rumer explained that the extension of the left -turn lane on Tomyn Boulevard is not a condition of approval for this specific project. It was originally for the 3 Planning and Zoning Commission Meeting March 12, 2013 Villages of Wesmere, and should this project not be approved, the City will ensure that it is completed. Chairman Campbell commented that the market study shows the occupancy rate for Southwest Orange County to be 95.6 %, and that of Ocoee is 90.3 %. He inquired as to why this would be. Ms. Turnbull explained that other projects, such as Key Isle apartments, have a 98% occupancy rate. She continued by saying that the Orlando Health expansion will provide a comparable rate of occupancy. City Planner Rumer explained to the board that the market analysis provided is not from the developer, but from a third party. It has been updated from the analysis previously received by the board (August 2012). The previous market analysis showed the occupancy rate for Southwest Orange County to be 87 %, so the occupancy rate has increased. Marc Skorman, the developer for Skorman Construction Inc., explained to the board that many of the apartments in the local area are older. He continued by saying that there is a strong need for high -end apartment projects; therefore, a higher occupancy rate can be anticipated. Vice - Chairman Mckey inquired if the developer is planning on working with the turnpike authority to put in a wall to buffer the noise level. Ms. Turnbull stated the Florida Department of Transportation (FDOT) will only build a wall if a certain decibel level is reached, and the turnpike does not reach that noise level in this specific area. If the turnpike were to expand or receive improvements which would cause the noise level to increase, then FDOT would put the wall in, and the City would not share in that cost. Member Marcotte asked if the retail- access lane will only be on Tomyn Boulevard. City Planner Rumer explained that there will be two entrances; one on Tomyn Boulevard and one on Maguire Road. Member de la Portila asked if this project falls under the Community Redevelopment Agency (CRA). City Planner Rumer answered "no ". Ms. Turnbull explained to the board that 7,000 square feet of the project is designated for retail, and 13,000 square feet is designated for restaurants. The Public Hearing was opened. The following people spoke in opposition to the Park Place PUD Rezoning: 4 Planning and Zoning Commission Meeting March 12, 2013 Jim McNicol, 830 Patriots Point Drive, Brookestone. Provided a PowerPoint presentation (Exhibit B). Robert Godfrey,182 Highbrooke Boulevard, Brookestone Greg Moore, 1808 Sugar Cove Court, Brookestone Henry Pinzon, 328 Highbrooke Boulevard, Brookestone. Provided a Noise Study Report for the Florida's Turnpike Mainline PD& E Study from US 192 to SR 50 (Exhibit C), and SB 1132: Department of Transportation (Exhibit D). David Fishpool, 62 Highbrooke Boulevard, Brookestone Stephanie McKelvain, 19 Heather Green Court, Wesmere Chairman Campbell advised that the Planning and Zoning Commission recommends or denies approval, however, the project will still be presented to the City Commission. Allison Turnbull, attorney for the applicant, approached the podium to address the residents' concerns. She stated that the relevant decision is whether or not the request for rezoning is consistent with the Future Land Use, and that this application meets all criteria in the Land Development Code, City Code, and Future Land Use Map. She continued by saying that a PUD designation gives the City the most control over development. She reiterated that FDOT determined that a wall is not warranted. She continued by saying that the traffic study shows that based on the rezoning, traffic will be cut in half as opposed to what the land is currently approved for. She addressed the concern of school impact fees by saying that the developer pre -paid the impact fees, and made an additional contribution. The Public Hearing was closed. Vice - Chairman McKey inquired about the size of the apartments and the monthly rental fee. Ms. Turnbull explained that the average apartment is approximately 1,100 square - feet, the smallest unit is approximately 900 -1,000 square -feet, and the largest is approximately 1,400 square -feet. Member Dunn asked what classifies the units as high -end apartments? City Planner Rumer explained that the City requires the architecture to match that of the local area. The apartments will have tile roofs, stainless steel appliances, the floors, and the amenities will have upgrades. He continued by saying that the City cannot set a price point for the apartments. City Attorney Cookson explained that the City does not issue the designation of high - end, but can put conditions on the amenities. Chairman Campbell and City Planner Rumer explained that this is the first step for the developer. If the rezoning gets approved, the developer will have to come back to have 5 Planning and Zoning Commission Meeting March 12, 2013 the preliminary site plans approved, which is a public hearing for the Planning and Zoning Commission. Member Dunn inquired about the impact that the Orlando Health expansion will have on this area. City Planner Rumer said Orlando Health has secured property on the north side of State Road 50 in the Lake Bennett Center. Member West commented that it seems as though the Park Place development is a very nice project. The Planning and Zoning Commission approved the project once before, and the developer has since improved the amenities. Member Sills stated that the board's primary objective is to vote on the rezoning of the project from C -3 to PUD. Chairman Campbell agreed with Member Sills, and explained that the board is tasked to identify if the applicant has met the City's criteria. Additionally, the board has an obligation to the developer and City as a whole. Vice - Chairman McKey stated he is in favor of the commercial park, and rejects the premise that this residential area does not need a sound wall. He continued by saying that if the City becomes responsible with rectifying the situation, it will place a large burden of cost on the residents of Ocoee, therefore, he will vote against the rezoning. Member Marcotte stated that he too will vote against this project. Although he appreciates the design, does not feel that apartments are the best use of this property. Member de la Portilla stated that Mr. McNicol's PowerPoint presentation showed a lot of vacant or undeveloped projects. He addressed this by saying the recession had much to do with the vacant and undeveloped land. He continued by saying that there is a demand for apartments because many people lost their homes, and retirees are moving back to Florida. Member Morris, seconded by Member Sills, moved the Planninq and Zoning Commission recommend to the Ocoee City Commission approval for Park Place Rezoning from C -3 to PUD and PUD Land Use Plan. Motion carried (5 -2), with Vice - Chairman McKey and Member Marcotte opposing. Comprehensive Plan Amendment- Transportation Element City Planner Rumer explained to the board that due to a change in Growth Management Laws, language has been revised as it pertains to the different elements of a comprehensive plan. The item before the board is to amend the transportation element to comply with the new requirements of state law and facilitate many of the 31 Planning and Zoning Commission Meeting March 12, 2013 recommendations of the City of Ocoee Multimodal Mobility Plan. He continued by saying that the purpose of the element shall be to plan for a multimodal transportation system that places emphasis on public transportation where feasible. He explained to the board that the multimobility plan that went to the Commission was not adopted, but accepted. City Planner Rumer introduced Nick Lepp with the Renaissance Planning Group. Nick Lepp attended the meeting and gave a PowerPoint presentation on the Transportation Element (Exhibit E). Mr. Lepp explained to the board that the Ocoee Transportation Element is intended to foster a performance- driven, outcome -based transportation planning process in the City. He continued his presentation by saying the plan focuses around the vision of creating a future for the Ocoee CRA that will include centers of vibrant, urban, mixed -use developments that ensure enhanced pedestrian and automobile connectivity. This plan supports the current economic development, and addresses the transportation needs more multimodally. Mr. Lepp continued his presentation by reviewing the goals and objectives of the transportation element. After an analysis, the recommendations are to constrain City roads to two and four lanes, and not allowing six lanes. It will include a more walkable network with connectivity of roads. Creating road connectivity allows for flexibility in the event of road closures. Additionally, this allows the City to accommodate different modes of transportation. Member West asked if there are plans to improve the rail lines. City Planner Rumer stated they are upgrading the rail lines to allow for faster speed and a heavier load. Nick Lepp stated that there is an increased focus on pedestrian trails and opportunities for more bicycle lanes. Member West asked if golf carts are incorporated in the plan, and Mr. Lepp answered that they have not. City Planner Rumer explained to the board that with the widening of State Road 50, some of the bus routes will be removed. Mr. Lepp stated that at the moment, the Lynx bus stop is located at the West Oaks Mall. Vice - Chairman McKey asked if Lynx will provide a bus rapid transit. City Planner Rumer said yes, but it will stop at the West Oaks Mall. The Public Hearing was opened. The Public Hearing was closed. VA Planning and Zoning Commission Meeting March 12, 2013 Vice - Chairman McKey asked City Planner Rumer to elaborate on the City rail lines being faster. City Planner Rumer explained by saying the City committed $40,000 in a cooperative effort with the cities of Winter Garden and Apopka to upgrade the rail lines through Ocoee, which will allow for faster speed and heavier load. This could create the opportunity for a passenger train. He continued by saying the immediate desire of the City is to welcome an entertainment train. Vice - Chairman McKey, seconded by Member de la Portilla, moved the Plannin_g and Zonin_g Commission recommend to the Ocoee City Commission approval for the Transportation Element Proposed Comprehensive Plan Amendment. Motion carried unanimously. MISCELLANEOUS Project Status Report City Planner Rumer informed the board that the State Road 50 project is all set to go for the year 2015. The City met with FDOT regarding this project, and the following has been discussed: • Reduction in lanes and width of lanes • Alterations to intersections- eliminating right -turn lanes and having only right through lanes, with Maguire Road being the exception. • Heading east on State Road 50 to north Marshall Farms Road- still providing left - turn access. • Dual left -turn lanes onto Bluford Avenue • Dual left -turn lanes with a through lane on Blackwood Avenue City Planner Rumer continued by saying the property in front of the police department is a FDOT pond. The City wishes, however, to take over the maintenance of the property, and provide a passive park with a retention pond, sidewalk, and alcoves with benches. Member Sills inquired regarding the status of the West Oaks Mall. City Planner Rumer stated that the process is ongoing and the City is meeting with potential investors. ADJOURNMENT The meeting adjourned at 8:50 p.m. Attest: Diana Turner, Re o ding Clerk APPROVED: Bradley Campbell, Chairman 8 Exhibit A Park Place at Ocoee- Preliminary Assessment of Traffic Noise Quietfy.Making Noise, UGC Acoustical Consulting and Noise Control March 11, 2013 Mr. Marc Skorman Skorman Construction, Inc. 6000 Metrowest Boulevard Suite 111 Orlando, FL 32835 Subject: Park Place at Ocoee — Preliminary Assessment of Traffic Noise Dear Marc: As requested, I have reviewed the site location for the proposed Park Place at Ocoee multi- family residential project and have developed the following information related to the acoustical design of the multi - family residential buildings and the potential for traffic noise impacts. The northern property boundary of the project site is located adjacent to the Florida's Turnpike, a limited access highway. The closest building is approximately 145 feet from the nearest traffic lane. Typically, projects that I have worked on at this distance from a multi -lane limited access highway have ambient sound levels in the range of 65 to 75 dB(A), depending upon traffic counts, vehicle speeds, and other information. As a general rule of thumb, the noise level will be reduced by approximately 6 dB(A) for every doubling of the distance from the highway. Thus, the buildings that are located farther from the highway will have lower levels of noise exposure. Please refer to the attached Noise Thermometer for a comparison of these sound levels to many common noise sources. Multi -story buildings such as the structures planned for this project provide significant shielding from other noise receptors located behind them. In other words, when one of the project buildings blocks the line of sight between other buildings or nearby residences and the highway, there will be a significant reduction in sound. Thus, any residential areas that currently have a line of sight to the Turnpike may benefit from the noise barrier effect of the new buildings. The most widely accepted recommendation for interior sound levels in residential buildings is to meet a day -night average sound level (DNL) of 45 dB(A) or less. This is consistent with 4521 Ofd Carriage Traif— Oviedo, Florida 32765 Phone: (407 681 -7444 (681 -S7i11 O Fa C (407 682 -7444 (682- SJ0JW!) www. quietfymakingnoise. com ,11ember, Institute of Noise ControCEngineering andNationa (CounciCofAcousticafConsuftants Q',MN guidelines published by the U.S. Department of Housing and Urban Development (HUD) and other studies that have been done for many highway, airport, and rail line projects. The DNL value is the average sound level experienced over a 24 -hour period, based upon hourly averages, with a 10 dB(A) penalty applied to night time hours between 10:00 PM and 7:00 AM. Thus, a DNL value of 45 dB(A) roughly represents average day time sound levels of 45 dB(A) and night time sound levels averaging 35 dB(A). Most multi - family residential buildings provide an exterior -to- interior noise reduction between 25 and 30 dB(A). This is referred to as the Sound Level Reduction (SLR) rating. I have completed acoustical analyses to determine SLR ratings for hundreds of multi - family projects located near highways, rail lines, airports, and other major sources of noise. I have also worked with your architect, Fugleberg Koch, on multi- family projects. The typical designs and construction types used by Fugleberg Koch and my other clients normally provide SLR ratings of 25 to 30 using conventional materials and design approaches. Commonly available acoustical ugprades can be implemented to improve the SLR rating to values higher than 30, if necessary. These upgrades would include windows and /or doors with higher Sound Transmission Class (STC) ratings and /or additional layers of gypsum board or exterior sheathing on the exterior walls. A detailed analysis has not yet been done. However, based upon an estimated highway traffic noise level of 70 DNL on site, and an SLR rating of 25 dB(A) for residential buildings, the day - night average sound level inside the residences is estimated to be 45 dB(A). This is generally considered to be acceptable for residences. A project- specific analysis could be done to verify these typical values and incorporate any recommended acoustical features into the project design. For comparison, most residences have a background ambient sound level of approximately 45 + 5 dB(A) due to noise from their HVAC systems, appliances, and general activity. Normal conversational voice sound levels are in the mid -60's. Thus, the estimated sound levels are comparable to the normal interior sound levels of a typical residence. Please let me know if you need any additional information. Sincerely, Lisa A. Schott President and Principal Acoustical Consultant Member, NCAC, INCE, and ASA Attachment Page 2of3 Q 5v Noise Thermometer o ,,, Military Aircraft Taking Off +r, Threshold of Pain Hard Rock Band CAP, � Loud Auto Horn rw School Cafeteria I Normal Conversation T' as ' Average Residence Bedroom at Night ,y- Leaves Rustling Whisper — 140 — 130 Deafening Locomotive Train Whistle — 120 r � y � Accelerating — 110 ;Motorcycle — 100 Noisy Very Loud Factory pd — 90 Noisy Urban Street • — SO o Loud — 70 Restaurant Y 00 Moderate General — 50 Office �v n Faint — 30 Average �f — 20 Whisper Very Faint Sound Proof Room — 10 Human Breathing Sound Levels are shown in A- weighted decibels, dB(A). © 2007 Quietly Making Noise, LLC. All rights reserved. Page 3 of 3 Exhibit B Re- Zoning Maguire Road PowerPoint Presentation Re- Zoning Maguire Road October 2012 Revised Edition 12 March 2013 15 Reasons to Become a Tree City • Touches the lives of people within the community who benefit daily from cleaner air, shadier streets, aesthetic beauty that healthy, well- managed urban forests provide • Can make a strong contribution to a community's pride • Brings solid benefits to a community such as helping gain financial support for tree projects and contributing to a safer healthier urban forest • Helps present the kind of image that most citizens want to have for the place they live and work • Tells visitors, through signage, that there is a community that cares about its environment 3/20/2013 Some new and extended buildings 7 Other side of Bluford and Hwy 50 a 7- Eleven gas station 1 Location of former road sign The road sign was erected m re<ognixe the City of OI. -for iVs contribution to the Arbo, Day Foundation, Pan of TREE CITY USA. Now re Placed, by a construction site. RACETRAC gas station under development 3/20/2013 On block west on Hwy 50 two working gas stations and one redundant gas station Pa "Chateau Reserve" 3/20/2013 Mayor's Welcome Welcome to Ocoee, my" Hometown", "The Center of Good Living." Ocoee is one of the fastest growing cities in Orange County. Our city has a diversified economy that spans all the basic services a community can offer. we a, e a tru b, an inter ratio I :l ­­, uiity with go:,ls of a "World Class Education" for our children. We are "High Tech" with our own N station (the only one in Central Florida) and many other services coming on line. We strive to maintain a "small town" atmosphere with all the commerce of any large city. We encourage our citizens to be involved with their the and all it has to offer. Ou r employees are pledged to make Ocoee user friendly. Come try us. I'm sure you will like it here, and it can become your "Hometown" also. 19 November 1863 Four Scott and sevenyeans40ourfatersbroughtfort on continents ntolubi, conaivedinLterty arddtdwandtatoPopo&told men art created equal Now we ire trgagedin a great civil war, katingwhdttrtat nation, oranynation so conceived aid sodidiaed ; can Wig tndure.Yye ire met ona great balAildof tit war. We five come ill Mahap ittondtatfltld, is afinalmatingOctfortastwhoheregivettFfiettittitiukn might Iva. th;dogete bg and Roper tit weshoulddoIts. Buf,in alorger fine, we can not dddica le- we car not mnstcritt -wt can id hallow - tis ground, The brave min, living aid dead, who Shrugged fare, hive coricrokdhr above our poor pout add m filled The world will igk not, nor king remember whit we Sol halt, bull can river forgelwbittey did file rthfarusttfi rg,rater,bbedidlcaled heroic tountinishedworkwhehtey who loughthtnhauetushisanobty advanced. 6hrtterhxustobe heredtdwatedt oIt Veil l atg rem ainingbefortus -tit homttsthonorad dead wehkt increaseddevodortotal cause for which they gale to U fu I measure of ddvodon -tat we be it highly resolve tit test do adshalnothivediedtvain - tittisrotor, under Gad,shag five andwbd of freedom- and tat government of It poft, 4 $a people, for It pola she I iotpersh from t I 10. 3/20/2013 "and that government of the people, by the people, for the people, shall not perish from the earth" Outer perimeter at West Oaks Mall opportunities on Clarke Road Another place to voice your opinion 4 West Oaks Mall empty stores, almost empty car park 3/20/2013 Inner perimeter of the other 'Mall' Reject this application Go green, restore the trees Outer perimeter, of the other Mall An additional LEAF for this plaque rrtLr an tsa What has changed ? Chateau Reserve — South of Maguire Rd from Colonial, turn right on Roberson, turn right on Windermere Rd. Property just across from Warrior Rd. Proposed Large Scale Site Plan with 22 single - family residential units on 8.84 acres. Approved. INACTIVE Diplomat Tower —6. 2 S6 acre parcel at 11105 Tomyn Road, proposed 3 story office building. INATIVE. Lake Butler Professional Campus —at the northeast corner of Maguire Road and Tomyn Road. Proposed six professional office buildings. Approved. INACTIVE. Lake Butler Professionol Campus — at the northeast corner of Maguire Road and Tomyn Road. Proposed six professional office buildings. Approved.iNACTIVE. 5 3/20/2013 :- r V ing e "The City of Ocoee Sports Complex" Roberson Road and Windermere Road Th,,k outside the box Exhibit D SB 1132: Department of Transportation http: / /www.fIsenate.gov /Session /Bi11/2013/ Go to Bill: 2013 A' Home Senators Committees Session Laws Media About Offices Reference Tracker > Senate bill 1132 Previous Senate bill Next Senate Bill > SB 1132: Department of Transportation Track This iM GENERAL BILL by Department of Tr n por tatioq Requiring the Transportation Commission to also rnonitor the Mid Bay Bridge Authority; requiring that a local government ensure that noise compatible land use planning is used in its jurisdiction; pronding funding for „ j ge s'. 9'� g 8 space transportation projects from the State Transportation Trust Fund: creating ch. 345, F.S., relating to the Florida Regional To *,I,ay Authority; providing for the transfer of the governance and control of the Mid -Bay Bridge Authority system to the Okafoosa-Bay Regional Tollway Authority, ` etc. Senate Committee References: Last Action: 03/111201-1 Now in Community Affairs Effective Date: Except as othen•dse expressly provided in this act, this act shall take effect upon becoming a laiv. Bill History Related Bills (0) ® Amendments (18) Analyses (2) Vote History (1) Citations (42) Bill Text VERSION — POSTED FORMAT S 1112 02/22/2013 at 11:18 AiA 1, I +.100% - Florida Senate - 2013 By Senator Brandes SB 1132 22- 00495B -13 20131132 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; requiring the Transportation 4 Commission to also monitor the Mid -Bay Bridge 5 Authority; deleting provisions relating to the Florida 6 Statewide Passenger Rail Commission; amending s. 7 110.205, F.S.; changing to the State Freight and 8 Logistics Administrator from the State Public 9 Transportation and Modal Administrator, which is an 10 exempt position not covered under career service; 11 creating s. 163.3176, F.S.; providing legislative 12 intent; requiring that a local government ensure that 13 noise compatible land -use planning is used in its 14 jurisdiction; providing guidelines; providing for the 15 sharing of related costs of construction if a local 16 government does not comply with the noise mitigation 17 requirements; requiring that local governments consult 18 with the Department of Transportation and the 19 Department of Economic Opportunity in the formulation 20 of noise mitigation requirements; amending s. 21 206.9825, F.S.; revising the criteria that certain air 22 carriers must meet to qualify for an exemption to the 23 aviation fuel tax; providing remedies for failure by 24 an air carrier to meet the standards; authorizing 25 terminal suppliers and wholesalers to receive a 26 credit, or apply, for a refund of aviation fuel tax 27 previously paid; conforming terminology; authorizing 28 the Department of Revenue to adopt rules; repealing s. 29 316.530(3), F.S., relating to load limits for certain Page 1 of 87 CODING: Words st-icdme]Een are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22- 00495B -13 20131132 407 Service. 408 Section 3. Section 163.3176, Florida Statutes, is created 409 to read: 410 163.3176 Legislative findings; noise mitigation 411 requirements in development plans for land abutting the right - 412 of -way of a limited access facility; compliance required of 413 local governments. - 414 (1) The Legislature finds that incompatible residential 415 development of land adjacent to the rights -of -way of limited 416 access facilities and the failure to provide protections related 417 to noise abatement have not been in the best interest of the 418 public welfare or the economic health of the state. The 419 Legislature finds that the costs of transportation projects are 420 significantly increased by the added expense of required noise 421 abatement and by the delay of other potential and needed 422 transportation projects. The Legislature finds that limited 423 access facilities generate traffic noise due to the high speed 424 and high volumes of vehicular traffic on these important 425 highways. The Legislature finds that important state interests, 426 including, but not limited to, the protection of future 427 residential property owners, will be served by ensuring that 428 local governments have land development ordinances that promote 429 residential land -use planning and development that is noise 430 compatible with adjacent limited access facilities, and by 431 avoiding future noise abatement problems and the related state 432 expense to provide noise mitigation for residential dwellings 433 constructed after notice of a planned limited access facility is 434 made public. Additionally, the Legislature finds that, with 435 future potential population growth and the resulting need for Page 15 of 87 CODING: Words st2�4:eken are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22- 00495B -13 20131132__ 436 future capacity improvements to limited access facilities, noise 437 compatible residential land -use planning must take into 438 consideration an evaluation of future impacts of traffic noise 439 on proposed residential developments that are adjacent to 440 limited access facilities. 441 (2) Each local government shall ensure that noise 442 compatible land -use planning is used in its jurisdictions in the 443 development of land for residential use which is adjacent to 444 right -of -way acquired for a limited access facility. The 445 measures must include the incorporation of federal and state 446 noise mitigation standards and guidelines in all local 447 government land development regulations and be reflected in and 448 carried out in the local government comprehensive plans, 449 amendments of adopted comprehensive plans, zoning plans, 450 subdivision plat approvals, development permits, and building 451 permits. Each local government shall ensure that residential 452 development proposed adjacent to a limited access facility is 453 planned and constructed in conformance with all noise mitigation 454 standards, guidelines, and regulations. A local government shall 455 share equally with the Department of Transportation all related 456 costs of construction if the local government does not comply 457 with this section and, as a result, the department is required 458 to construct a noise wall or other noise mitigation in 459 connection with a road improvement project. 460 (3) A local government shall consult with the Department of 461 Economic Opportunity and the department, as needed, in the 462 formulation and establishment of adequate noise mitigation 463 requirements in the respective land development regulations as 464 mandated in this section. A local government shall adopt land Page 16 of 87 CODING: Words men are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22- 00495B -13 20131132 465 development regulations that are consistent with this section, 466 as soon as practicable, but not later than July 1, 2014. 467 Section 4. Subsection (1) of section 206.9825, Florida 468 Statutes, is amended to read: 469 206.9825 Aviation fuel tax. - 470 (1)(a) Except as otherwise provided in this part, an excise 471 tax of 6.9 cents per gallon of aviation fuel is imposed upon 472 every gallon of aviation fuel sold in this state, or brought 473 into this state for use, upon which such tax has not been paid 474 or the payment thereof has not been lawfully assumed by some 475 person handling the same in this state. Fuel taxed pursuant to 476 this part shall not be subject to the taxes imposed by ss. 477 206.41 (1) (d) , (e) , and (f) and 206.87 (1) (b) , (c) , and (d) . 478 (b) Any ldmeenseE4 elesalei -er t� - f =i'='- rip 4 479 6e!=mss a- -_= }-___ f_e! te-- r air carrier that offers ef fering 480 transcontinental jet service and that has, within the preceding 481 5 -year period from January 1 of the year the exemption is being 482 applied for, increased its , 483 3neL�ease__— the -e ms Florida workforce by more than 1,000 484 1999 percent and by 250 or more full -time equivalent employee 485 positions as provided in reports that must be filed pursuant to 486 s. 443. 163 may purchase edit er icefaii .he 487 „4 t-;~~ .t... -,-eeEeL= of —ire aviation fuel exempt from -f� the 6.9 488 cents per gallon tax imposed by this part from terminal 489 suppliers and wholesalers, provided that the air carrier has no 490 facility for fueling highway vehicles from the tank in which the 491 aviation fuel is stored. To qualify for the exemption, an air 492 carrier must submit a written request to the department stating 493 that it meets the requirements of this paragraph. The exemption Page 17 of 87 CODING: Words st-r-jweleeii are deletions; words underlined are additions. Exhibit C Noise Study Report for the Florida's Turnpike Mainline PD & E Study Noise Study Report for the Florida's Turnpike Mainline PD &E Study from US 192 (Exit 242) to SR 50 (Clermont Exit 272) Osceola and Orange Counties Financial Project ID 411488- 1 -22 -01 Prepared by: , ember 2003 Florida's Turnpike Ent tic SECTIONFOUR Evaluation of Traffic Noise Abatement Figure 4 -3 Noise Contour SR 408 /SR 429 Alternative 1 Figure 4 -4 Noise Contour SR 408 /SR 429 Alternative 2 , e iurnprke Noise Study Report 4 -3 Exhibit E Transportation Element PowerPoint Presentation 3/20/2013 • A long -term vision and strategic blueprint for mobility supporting redevelopment and economic revitalization • A more walkable area • Atransit -ready focal point in the region • Maintenance of regional mobility • Balanced set ofrecommendation'to improve livability, personal mobility and access +` , i<'+A v Goal #1: Provide a safe, efficient and cost effective multimodal transportation network. Goal #z: Achieve a well - balanced multimodal transportation network in which local circulation and regional mobility are complementary for movement of people and goods. Goal #3: Make transportation investments that support land use plans, strengthen the local and regional economy, preserve and enhance neighborhood character and protect environmental and natural resources. • Supportthe Development, Redevelopment and Economic Objectives Citywide • Address transportation needs with multimodal solutions to enhance the economic opportunity ofthe city • Provide better accessibility and mobility for existing and future residents m. bilily and accessibility Ac WbN ea (or lost A Is the abi lily to c rch desired goods, o nal dlAii -and deslilans (logeiher called oppo.}unilies), Accessibilily reflects the generalized costs (lime, money, discomfort and risk) needed to reach ­M 11— Mobility sofers I- physical movement, Including (ravel by walking, cycling, public Iransil, taxi, private aulomo bile and olher ge motorized modes. In neral, Increased mobility Increases access. All else being ¢Goal, the mar- you can (ravel the r-dezllnallons yao can reach. Mobility Is evaloaled based on I'-vel dlzlance and speed. • Recommended a series of multimodal goals and objectives • Mobility Plan provides the Data and Analysis forth¢ : ' - Transportation Element Update _ • Aligns the City's Comprehensive Plan with the CRA Master plan Goal #4: Ensure the transportation system is maintained in good condition. Goal 5: Establish a fiscally- efficient and cost- effecti funding program to meet city and regional mobility needs. 3/20/2013 ■ Measurable Objectives ■ Existing Policies will be reorganized to fit with the new multimodal goals ■ Ne policies will be developed to support the multimodal focus of the Transportation Element and the Vision of Ocoee ■ Shiftfrom link level congestionto network level capacity �� � �� "I I ■ Provide accessibility though network connections not roadway �' capacity i . ■ Regional access sustains city economic growth Bus Rapid Transit to Orlando Freight/ Passenger Rail line upgrades ■ through the city ■ Traffic counts -mid-block& J turning movements T • FutureTraffic Projections ■ Inflow/ Outflow analysis ■ Field measurements ■ Constrain City Roads to 2 and 4 lanes ■ Focus on connectivity not capacity 2 3/20/2013 ■ Provide bike lanes —' and trails with roadway e construction ■ Utilize right of way _ to make trail g i connection from _ CRA to West _— OrangeTrail _ ■� • Roadway -only not the solution for person mobility • The data and analysis demonstrates the multimodal network can support further growth • Supports the Vision of the City 3 CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 407 - 905 -3100 SPEAKING RESERVATION P®I City Boards DATE: r2 NMPvk L_ NAME j I AA ily iJ CCc L_ ADDRESS E Po ..r b CITY PHONE # �� • ��� ` l( E -Mail J N&C.+y 0. (� ZIP CODE 3 z14 C�o \ I want to address the Board about RNKIL Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearings petitioner presentation a 15 minutes; citizen comments m 5 minutes per speaker; petitioner rebuttal e 5 minutes. Open to Public — Citizens Comments v 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. CITE' OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 407 - 905 -3100 SPEAKING RESERVATION FORM City Boards DATE: 3 - 1 a , 1-. NAME I2 0 L e -'A � ADDRESS j q�L N kb r 'S' k-A, a CITY O ca eA PHONE # C, cg —r^ ZIP CODE I want to address the Board about Po- r(C P I c, -,,L rzz o ; ^ Do you have a prepared statement, or other document(s) from which you will address the Hoard? Yes No if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Publi : petitioner presentation m 15 minutes; citizen comments e 5 minutes per speaker; petitioner rebuttal e 5 minutes. Open to Public — Citizens Comments 0 3 minutes per speaker /per meeting. All proceedings before the C ommission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. _ - --f: n _ , CITE' OF OCOEE 150 N. Lakeshor Drive SPEAKING RESERVATION P®IM Ocoee, Florida 34761 City Bo ards 407 - 905 -3100 DATE: NAME 6467, Moo PHONE # _ �tT]-3`r7-7g37 ADDRESS 1 e08 .SU&I -c C�Oi/= C - r, E -Mail ar►�S (� ar�d �Np, , CITY QCC�E ZIP CODE 3 176 I I want to address the Board about Do you have a prepared statement, or other document(s) from which you will address the Hoard? Yes No __,X if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Bearings petitioner presentation m 15 minutes; citizen comments e 5 minutes per speaker; petitioner rebuttal e 5 minutes. Open to Public — Citizens Comments m 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. r 1Zter of Good f CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 407 - 905 -3100 DATE: NAME ADDRESS _ CITY SPIEAMNG RESERVATION FORI\\ I City Boards PHONE # -//,� K5 6 n 4 5 4, ZIP CODE I want to address the Board about 7 ' -13 - o Ef - Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No if yes, please attach copy of same to this Reservation Form.. The following time limits to speak are in effect: Public Hearings petitioner presentation - 15 minutes; citizen comments e 5 minutes per speaker; petitioner rebuttal e 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker/per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003. CITY OF OCOEE 150 N. Lakeshore Drive SPEAKING RE SERVATION F0RAU Ocoee, Florida 34761 City Boards 407 - 905 -3100 DATE: US I 2 1 2<:7-AS NAME DA- i I C- rk;�1-t P �— ADDRES <�— I��I�EL -�1 CITY C CC)EL ZIP CODE 3 (Z) I want to address the Board about Do you have a prepared statement, or other document(s) from which you will address the Board? Yes 6o if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Publi : petitioner presentation e 15 minutes; citizen comments e 5 minutes per speaker; petitioner rebuttal e 5 minutes. OAen to Public — Citizens Comments - 3 minutes per speaker/per meeting. All proceedings before the Commission shall be governed( by the Civility Cove (see back of form) adopted July 1, 2003. CITE' OF OCOEE 150 N. Lakeshore Drive Ocoee, Florida 34761 407 - 905 -3100 DATE: NAME ADDRESS CITY SPEAKING RESERVATION FORVi City Boards PHONE # E -Mail % M CODE I want to address the Board about tl f � 11� Do you have a prepared statement, or other document(s) from which you will address the Board? Yes No V if yes, please attach copy of same to this Reservation Form. The following time limits to speak are in effect: Public Hearings petitioner presentation e fly minutes; citizen comments e 5 minutes per speaker; petitioner rebuttal e 5 minutes. Open to Public — Citizens Comments - 3 minutes per speaker /per meeting. All proceedings before the Commission shall be governed by the Civility Code (see back of form) adopted July 1, 2003.