06-08-10 Minutes CRA Joint Mtg.
MINUTES OF THE JOINT MEETING BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) BOARD AND PLANNING AND ZONING
COMMISSION ACTING AS THE LOCAL PLANNING AGENCY
HELD TUESDAY, JUNE 8, 2010
CALL TO ORDER
Chairman Campbell and Chairman Vandergrift called the joint meeting to order
at 7:01 p.m. Following a moment of silent meditation and the Pledge of Allegiance
to the Flag, a quorum was declared present for both boards.
PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, Conkling,
Dillard, McKey, Morris, and West. Also present were City Attorney
Rosenthal, CRA Administrator Wagner, Development Services
Director Shadrix, Senior Planner Howell, Principal Planner Rumer,
and Deputy City Clerk Sibbitt.
Chairman Vandergrift, Vice Chair R. Johnson, Board Members
Hood, Wilsen, Keller, Corless, and C. Johnson.
ABSENT: Member De La Portilla was absent unexcused.
City Attorney Rosenthal explained the presentation that would be presented
tonight and explained why this was a joint meeting. He further stated following the
CRA meeting, the Planning and Zoning Commission (acting as the LPA) will
continue their meeting to allow the actual actions and public hearings. The CRA
Members are invited and encouraged to stay through the public hearing process
of the LPA.
CRA TARGET AREAS SPECIAL DEVELOPMENT PLAN
Development Services Director Shadrix stated it has been almost a year since
they started the CRA process and they now have something before them that they
are ready to take through this iterative process of adoption. They have a good
document before them that will do a lot of things for the city but is in no way in
final form so they are expecting some really good dialogue as they move through
the process up to adoption. He further stated that this special development plan
for the CRA target areas is intended to provide a more streamline process for a
majority of stakeholders and they have met with most of the stakeholders in each
of the target areas. One of the overwhelming majority issues has been that they
do not want to go through a lengthy PUD process so they are all trying to figure
out how they can get to the same point, which is getting a good street network in.
Development Services Director Shadrix explained they are looking to get a
mechanism in place so they can guide high quality development so that they can
create the type of mobility based network that the city wants. He further explained
Planning and Zoning Commission Meeting
June 8, 2010
the importance of the growth patterns in the city, green field areas, and the interim
steps the city will be taking.
Frances Chandler-Marino stated she is with AECOM and is very happy to be
back to speak with everyone about the special development plan. She further
explained that the process was as much about collaboration as it has been about
planning. When they came to initiate the process about a year ago they had a
very aggressive schedule that they wanted to meet, partially because the city was
seeing a lot of development activity and people who wanted to come in wanted an
easier way to go through the process. Ms. Chandler-Marino explained this was a
long process because it was about getting it right and she further presented her
power-point presentation which is attached for review.
Overview of the presentation included the following:
~ Project Outcomes
~ CRA Project Area
~ Community Participation Process
~ CRA Framework Plan
~ Transportation Network
~ Open Space
~ Land Use Strategy
~ Target Area Opportunities
~ Regulatory Construction - (Phase 1) CRA Impact Area Special
Development Plan, (Phase 2) Form-based Regulations
~ CRA Target Areas - Three (3) areas
~ Recommendation/Next Step
After the presentation, City Attorney Rosenthal stated his recommendation is for
the CRA Board to handle all staff level questions before it goes before the
Planning & Zoning Commission as a Public Hearing.
CRA Board Member Keller stated in the 3rd target area he noticed that they
could basically pick and choose what they wanted to put in there and inquired if
there was a limit to how much of anyone type they could pick and choose. Ms.
Chandler-Marino stated that there is a limit because the land use is still
establishing the maximum limits for that area. What they were trying to do
because of the multiple land uses in that area was trying not to be so parcel
oriented about it. They still do have the cap in the land use and zoning but it
would now just apply to the whole of the area instead of just a piece of it. City
Attorney Rosenthal stated tnat Board Member Keller's question is specifically
addressed in the ordinance that the Planning & Zoning Commission and City
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Planning and Zoning Commission Meeting
June 8, 2010
Commission have in the section entitled "Underlying Zoning". It indicates that the
underlying zoning remains in effect so there will not be a need for any rezoning;
however, for each parcel within the target areas they can basically mix horizontally
and vertically and move around within the property the uses based upon an
agreement between the land owner and the city. He further explained that section
of the ordinance as well as the comprehensive plan that is in effect.
CRA Board Member Keller stated in target area 2 it seems they are looking more
at roads but the rest of areas as long as they kept the grid pattern it seems they
can move to accommodate what they are looking at doing. Ms. Chandler-Marino
stated it really is about connections and there is nothing about setting an
alignment for those roads. CRA Board Member Keller commented that he really
likes the 16ft. sidewalks.
CRA Board Member C. Johnson inquired what the next step would be in going
into the approval process. City Attorney Rosenthal briefly explained the public
hearing process, overlay mapping process, and noticing all individual property
owners within the three (3) target areas. He further explained that as mentioned
in the presentation this is in some respect an interim step so there will be some
unanswered questions, but they have provided in the ordinance a process for a
resolution of answered questions which they think will also protect the rights of the
property owner's. He briefly explained the process the land owner would be able
to take should they disagree with their interpretations.
CRA Chairman Vandergrift inquired about the first reading being a public hearing
and also what would stop them from going to a second reading. City Attorney
Rosenthal stated that it falls within the particular statute of the Florida Statutes
which requires two advertised public hearings and two readings of the ordinance.
CRA Chairman Vandergrift further inquired if the option was available should
they have any objections to any of the target areas (1, 2, and 3), to be able to
adopt and move forward with just 1 and 2 or 2 and 3. City Attorney Rosenthal
stated that would be within the legally permissible options available to either the
Planning & Zoning Commission or the City Commission.
CRA Board Member C. Johnson stated there are some clauses in the ordinance
that specifically state these provisions are made applicable to all development and
redevelopment within the CRA target area. She further added that they define the
CRA target area as both unincorporated and incorporated areas, so she would like
to know how that would effect unincorporated parcels and whether it may be
better not to reference unincorporated parcels in this exercise. City Attorney
Rosenthal stated she is correct and in the ordinance under Section AS, it states
that any land located within the CRA Target Area but are in unincorporated
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Planning and Zoning Commission Meeting
June 8, 2010
Orange County, the ordinance does not apply. He further explained that what
they try to do is as those lands are annexed into the city, they will give them notice
before they annex that they will be subject to the regulations. He briefly spoke
about the Hawthorne Property off of Maine Street which was annexed into the City
but is not within the CRA. CRA Board Member C. Johnson stated there is no
specific reference to the JPA and was inquiring if it would be appropriate at a
minimum to be mentioned. City Attorney Rosenthal stated the JPA only really
relates to land comprehensive plan amendments and they are not making any
amendments to the comprehensive plan. They did not really view this as a JPA
issue but if the county has some questions about that, they do not have any
concerns and would be happy to add a recital regarding consistency with the JPA.
CRA Board Member Corless commented that they are moving forward toward
the goals that they set forth in the CRA several years ago. She further inquired as
why there is no discussion on uses for area 3 but there are for areas 1 and 2.
City Attorney Rosenthal stated they did clarify that in the ordinance. The
ordinance has the prohibited uses as being specifically applicable to all of the
target areas. CRA Administrator Wagner stated that on page 69 there is a
paragraph under zoning regulating plans but he realizes there is a typo since it
should read: "Target Area 3 shall conform to the prohibited uses..." CRA Board
Member Corless inquired if they had specific break out sessions with target area
2 because she did not recall seeing it in the presentation. Development Services
Director Shadrix stated that they had a lot of meetings and discussion with the
stakeholders in target area 2; not in the same formal way as they had with areas 1
and 3. He further stated of the 114 meetings he has had over the last several
months, a number of them occurred in many of the target areas. He believes in
order to balance it out and be more consistent, he certainly would welcome a sit
down collective meeting with target area 2 landowners to work on individual
issues. Development Services Director Shadrix briefly pointed out the
differences of the target areas. CRA Board Member Corless inquired if they
would have another chance to make comments as it relates to the height, develop
form, and other issues that provide the framework as they go through the process
of the development and adoption of the form-based code. Ms. Chandler-Marino
stated the answer is yes and what they had envisioned as well as the city is that in
the form-based code they would really get into the regulations and clarify all of the
internal inconsistencies. She further stated this is partially why Craig wanted to
have some interim steps. Development Services Director Shadrix added that
the code has been both their friend and their enemy and with this time table that
they are on, now is the appropriate time to start thinking about collective
consensus.
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Planning and Zoning Commission Meeting
June 8, 2010
Member McKey stated that transportation has been mentioned several times and
he was wondering if the CRA board has addressed or looked into the light rail
system and whether West Oaks Mall would be the trail head or the target areas.
CRA Board Member Keller stated he believes we are about twenty years out
before they have us possibly getting a light rail system. He further stated he does
not recall any real discussion with it from the CRA point of view and does not
believe at this point that it has been put through onto the plans. CRA Board
Member C. Johnson stated that she works closely with Lynx and also through the
MetroPlan process and she knows that with Lynx they are initiating their long
range study to identify the bus rapid transit corridors which will be the precursor to
the longer term vision for rail. The SR SO corridor is one of those workforce
corridors and they feel it will be prudent to keep that in mind as it relates to the
CRA planning efforts. CRA Board Member Corless added that as they go
through the form-based code they can reinforce transit oriented developments and
that they are actually helping support our redevelopment activities so they are set-
up to receive transit in the future. Development Services Director Shadrix
commented that he is glad that these issues were brought to light because these
questions are excellent building blocks for long range planning for the City of
Ocoee. He further briefly discussed transportation and the possibility of a joint
meeting with Winter Garden regarding rail.
Member West commented that the CRA has done a heck of a job and it is really
exciting to see what they have done. Vice Chair Golden stated he has heard
that this urban design will not really have a market to in fill. He further inquired if
they have looked at other markets as well as how does staff feel with the grid they
would be putting over the properties to in fill development. Ms. Chandler-Marino
stated they would have to look at all the target areas differently because it was not
one type of standard that applied to all of them. She further reviewed each target
area and explained the design regulated for that area. Vice Chair Golden stated
the list of prohibited uses looks similar to the activity center uses but is more
expanded. He further inquired as to how they developed this list. CRA
Administrator Wagner explained that the list prohibits more suburban highway
commercial types of uses and reflects uses that they have already put into
development agreements to create a more urban character development.
Member Sills commented that that this is a beautiful project but he knows it will
require a lot of funding for this which may include options such as a bond,
property tax increase, or a fire fee.
CRA Board Member R. Johnson stated in the last year or two they have had
economic development problems but one of the things that will help is to push this
process. He further stated he feels they are far way ahead of other areas for
doing what they are doing with the CRA. They need to look at the long view of
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Planning and Zoning Commission Meeting
June 8, 2010
what is happening and since the developers are almost all in favor of this, he feels
it is something they should be proud of.
ADJOURNMENT
The CRA Board adjourned at 8:22 p.m.
Planning & Zoning Commission Meeting continued.
Vice Chair Golden stated he noticed the traffic intersection access for many of
the target areas were not at the major intersections that abuts those target areas
and inquired as to why it was done that way. Ms. Chandler-Marino stated there
is a good State Department of Transportation reason for that since they limit how
close you can have access points to your major intersection and they adhered to
all state regulations when they cited the access points.
The Public Hearing was opened
Shaman Foradi, 1S7S Maguire Road # 102, stated he is here on behalf of
American Land Developers and the owners of the Orange Plaza. He further
spoke in favor of the CRA approval explaining they would like to go along with the
city's vision and the urban design which they feel will attract people to this area.
Scott Glass, Shutts and Bowen, LLP, addressed the board on behalf of his clients
who stated that no one has ever met with them. He further stated there is a letter
that was provided to the city and is included in the board's packet which
addresses their concerns. Mr. Glass further explained his client's concerns and
stated they are requesting to defer consideration and adoption of the CRA Target
Area 2 Special Plan Overlay until they are able to reassemble the stakeholders in
that area to address those concerns and requests they may have.
Randy June, 132 W. Plant Street, thanked staff for the process and stated he
voices some of the similar concerns that Mr. Glass presented but they do not want
to stop the approval of Target Area 2. He further stated they are ready to move
forward and look forward to meeting with the others in that area.
Development Services Director Shadrix stated that he agrees with the
comments presented by Scott Glass and Randy June. He further stated they
have been very gracious with being up front with them and he does agree with
some of the points made in the letter by Mr. Glass. Development Services
Director Shadrix stated he feels it is a good time to get the Target Area 2 group
together and have some dialogue. Chairman Campbell clarified that Mr. Shadrix
will be meeting with Target Area 2 prior to the 2nd Reading. Development
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Planning and Zoning Commission Meeting
June 8, 2010
Services Director Shadrix stated that he wants to reiterate that they have had a
lot of meetings individually one on one with different stakeholders in Area 2 and
will commit to calendaring some defined timelines.
The Public Hearing was closed
DISCUSSION
Member McKey thanked all staff, consultants, public, and CRA members since he
can recognize their efforts and time that they have all spent on this. He further
stated he is in favor of this and would like to keep it rolling. Member Dillard
stated the one thing he has not heard is how this dovetails with the adjacent
property owners not in the target areas so that this looks seamless. Ms.
Chandler-Marino stated while these plans just speak for the Target Areas when
they do a form-based code one of the things they find most useful about it is that it
is able to do a couple of things that this level of planning can not do. She further
explained phasing in and addressing the adjacency to redevelop without being
over burdensome.
Vice Chair Golden stated this is a great plan but he wanted to caution that they
do not water down the plans too much in these final negotiations going toward
approval and adoption. He feels they should really stick to what the city wants
and envisions for these areas while guiding the developers. He further
commented that since these are green field sites there is an opportunity to have
really nice parks.
Member Sills thanked CRA Administrator Wagner and consultants for doing a
fantastic job.
Chairman Campbell stated this is a tremendous amount of work and really shows
where a lot of people have put a lot of thought in the vision of where we want the
City of Ocoee to go in the next 20-2S years. He further stated he feels they have
an opportunity to raise the caliber of what Central Florida thinks of Ocoee as a
City.
Member Sills. seconded by Member McKev. moved to recommend to the City
Commission the CRA Taraet Area Special Development Plan. Consistency
Determination. and proposed Ordinance per staff's recommendation. Motion
carried unanimously.
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Planning and Zoning Commission Meeting
June 8, 2010
CONSENT AGENDA
Minutes of the Planning and Zoning Commission Meeting held on Tuesday, April
13,2010.
Member West. seconded bv Member Sills. moved to accept the Minutes of the
Apri/ 13. 2010. P/annina and Zonina Commission meetina. Motion carried
unanimous/v.
OLD BUSINESS - None
NEW BUSINESS
RT OCOEE. LLC - REZONING
Senior Planner Howell gave a brief presentation on the subject property stating
the applicant is requesting to rezone the property from 1-2 to 1-1 (Restricted
Manufacturing & Warehousing). He further explained that the rezoning is being
requested to permit a wholesale/internet vehicle sales location where customers
will be invited onto the premises by appointment only. The applicant has agreed
to place limitations in regards to operation on the property in an effort to limit traffic
impacts to the site. These use limitations include: no transport trucks on site;
and, only wholesale or internet used vehicle sales.
Rezoning the property to 1-1 to permit the proposed use is logical, given that it is
adjacent to several automotive related uses and since there are several areas in
the City where used car sales are permitted. Additionally, it is anticipated the
proposed rezoning from 1-2 to 1-1 will result in a less intense use than can
currently be permitted on the property with the 1-2 zoning designation.
DISCUSSION
Member McKey stated he is curious as to how the vehicles will be transported if
there is a restriction allowing large carrying type vehicles onto the premises.
The Public Hearing was opened
Thomas Skelton, American Civil Engineering Co., stated they agree with staff
comments and to answer Member McKey, each car will be driven individually to
the site and the sale will be by appointment only. Chairman Campbell inquired if
the sales would be high end or specialty type vehicles. Robert Thomas,
representative for the owner, answered it would be any and all motor vehicles
within a reasonable size. Chairman Campbell clarified that any and all vehicles
would be up to and including motor homes. Mr. Thomas stated that it would not
include motor homes.
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Planning and Zoning Commission Meeting
June 8, 2010
Ed Newman, S53 Roper Parkway, stated that what Mr. Thomas is trying to do is
being done now throughout the industrial area. He further stated others have
been refused to rezone their property to retail. Mr. Newman stated in 1989 and
1993 he tried to change his zoning on his property and was denied. He
commented that he feels that retail needs to be in a retail area and the area of the
subject property is in a wholesale area. He further explained his objections.
Senior Planner Howell interjected that there will be a development agreement
that will address use limitations, such as: no transport trucks on site.
Robert Thomas stated they have a comprehensive agreement with the city on
what can and can not be done. He further stated they have also provided the city
with a copy of their leases, which require no mechanical work, no transport or
unloading, and no complete detail work. It also stipulates that their sale can not
be any more than the 90% wholesale and 10% retail, which the retail will generate
off the internet. Mr. Thomas further explained this property will be a place for
people to have offices to be able to display 4-6 cars (depending on the size) inside
and outside. They may possibly have 100-1S0 cars a week that leave and come
back but as he mentioned this is all written in his lease agreement which goes with
the use of the land. Member Sills stated that he mentioned he would have cars
on the lots for display for sale and it seems to him that it is a retail lot rather than
an internet wholesale. Mr. Thomas stated the concept of the vehicles being there
is that people come to the auction on Tuesday and now they will have a place
close by where they can fill a load with; it will be a wholesale operation. They
need the retail internet part because they feel you should have some way to be
able to work with both and he feels the 10% is fair.
Member Conkling inquired how his business will coexist with a large whole sale
auction such as the Florida Auto Auction near by. Are they not both investors
doing the same business in that area? Mr. Thomas stated they are but they
purchase from the auction, individuals, and car dealers and have been in the car
business since 1976. Member Dillard inquired from staff how the 90%/10%
would be enforceable. Senior Planner Howell stated the only mechanism they
have to enforce that is through the development agreement. He further stated it is
stipulated under the agreement with them but they can not physically go out and
watch what they are doing on the internet. City Attorney Rosenthal stated that
as a practical matter if they had a complaint or it became apparent that there was
a lot of traffic and public going in/out then it may be something the city could
monitor. There are no reports that get submitted to the city, it is a condition that
would be violated and if it is violated it is enforceable by specific performance. Mr.
Thomas stated that if DMV has those figures available then it is something that
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Planning and Zoning Commission Meeting
June 8, 2010
can be provided to the city without a problem. Member McKey stated it lookslike
this property is adjacent to an 1-1 zoned property. Senior Planner Howell stated
that the property across the street is 1-1 as well. Member Conkling asked for Mr.
Thomas to please explain the transporter process.
Paul Bruegger, 601 Roper Pkwy, stated that the transport trucks are unbearable,
they leave oil and they come at night. He stated he will be directly across the
street from this. He stated he knows Mr. Thomas and he is a business man, if he
can do what he says he is going to do then he does not have a problem.
Dennis Jones Sr., 6S1 Roper Pkwy, stated he has owed property in Ocoee for an
excess of 37 years and he has never been able to retail cars off his property. He
further stated as late as this year they have been turned down to retail cars as well
as his tenants who lease a space from him. Mr. Jones further voiced his
objections to the rezoning of 1-2 to 1-1 of the property across the street from his
and added since they have been denied for a retail license then he feels it does
not need to be done now.
Mr. Newman stated that as Mr. Tomas mentioned they will have 1S0 cars a week;
however, the way the property is laid out they have an average of 40 parking
spots, with 20 employees, plus the owner, secretary, and receptionist. Where are
all the cars supposed to go? Mr. Thomas stated that if they divide approximately
140 cars a week by 7 days, they would only have 20 cars a day on the property.
Mr. Bruegger expressed his concern to Mr. Thomas about not detailing cars on
the property.
The Public Hearing was closed
Member Conkling stated they have heard from several of the owners here who
have stated that they were denied retail licenses and was wondering if staff could
state whether or not that was accurate. Senior Planner Howell stated he is not
aware of that and some of the issues were before his time with the city dating
back approximately 20 years ago but he can check and see if any formal
applications had been submitted. Vice Chair Golden inquired if they could add in
the development agreement that the DMV transaction report be submitted to the
city annually so they can refer to it. City Attorney Rosenthal stated that is easy
to add into the development agreement. Member McKey inquired how they
would control the truck issue. Senior Planner Howell stated other than what is in
the development agreement if they receive complaints they can refer them to
Code Enforcement. City Attorney Rosenthal added that if the complaint is in
the public street they can refer that to the Police Department. A brief discussion
ensued regarding the transport vehicle that would be used to deliver/pick-up
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Planning and Zoning Commission Meeting
June 8, 2010
vehicles. Senior Planner Howell stated the site plan is still under review so staff
could ask the engineer of record to demonstrate that no transport trucks would be
able to go on site including smaller car carriers such as F250's.
Member Sills stated he feels they are opening a can of worms by changing the
zoning from 1-2 to 1-1 and is not in favor of it. He feels they may suddenly get
others on Roper Parkway wanting to change their zoning and soon it will be a
retail sale in an industrial park.
Member Sills. seconded by Member McKev. moved to recommend to the City
Commission denial of the proposed rezonina of RT-Ocoee. LLC. Project #RZ-09-
11-08. After a brief discussion. motion failed 4-4.
Member McKev. seconded by Vice Chair Golden. moved to recommend to the
City Commission approval of the proposed rezonina of RT-Ocoee. LLC. Project
#RZ-09-11-08 with the condition that the DMV report be filed with the city on an
annual basis and subject to the execution of a development aareement when the
ordinance comes before the City Commission. Motion carried 5-3.
1 O-YEAR WATER SUPPLY FACILITIES WORK PLAN - PROPOSED
COMPREHENSIVE PLAN AMENDMENTS
Principal Planner Rumer gave a brief presentation stating that according to the
We kiva Parkway and Protection Act, Chapter 369, Part III, FS, each local
government is required to amend its comprehensive plan to include an up-to-date
10-Year Water Supply Facility Work Plan to include an evaluation of the present
and projected growth demand for a 10-year planning period.
Over the past year, the City's consultant has been working with SJRWMD on the
development of the 10-year plan. Staff reviewer for SJRWMD has afforded the
City the option of going through a pre-transmittal review of the 10-year plan and
associated comprehensive plan amendments and has provided comments that
staff has addressed.
DISCUSSION
Vice Chair Golden inquired if any maps in the comprehensive plan were updated
since it is not shown in the Policy 2.2. Principal Planner Rummer stated they
had map updates to the comprehensive plan that dealt with aquifer recharge or
class "A" soils but not to well heads. A brief discussion ensued regarding well
head protection areas.
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Planning and Zoning Commission Meeting
June 8, 2010
Member McKey commented that in the document it states they allow 10% of the
water to be lost and he feels that is horrid in this day and needs to be tightened
up. Utilities Director Smith explained that the 10% loss is not uncommon and
they are required to do some of the flushing. They do have a little bit less loss but
that is just a goal that was established.
The Public Hearing was opened. As no one wished to speak, the Public Hearing
was closed.
Vice Chair Golden. seconded bv Member McKev. moved to recommend to the
City Commission the approval of: 1) addition of a 10- Year Water Supplv Facilities
Work Plan bv reference to the Comprehensive Plan. and 2) additions to the Future
Land Use Element. Conservation Element. Potable Water Sub-Element. Sanitary
Sewer Sub-Element. and Interaovernmental Coordination Element. for the
pUf1)ose of imp/ementina the 10-Year Water Supplv Facilities Work Plan. Motion
carried unanimouslv.
MISCELLANEOUS
Development Services Director Shadrix thanked the board personally and
professionally for the degree of professionalism and competence they have shown
since they have thrown a lot at them this month. He further stated the next
meeting will be just as busy and he would like to apologize in advance. He briefly
explained some of the projects the board can expect to be hearing in the near
future.
ADJOURNMENT
The meeting adjourned at 9:S2 p.m.
Alj))f
Melanie Sibbitt, Deputy City Clerk
A;:;;~ fkJ-
4d,ev Campbell, Chairman
12
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