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City Commission Work Session Minutes - June 24, 2021


Mayor Phil Anderson

Commissioner Marty Sullivan Commissioner Sheila DeCiccio

Commissioner Carolyn Cooper

Commissioner Todd Weaver

City Manager Randy Knight

City Attorney Dan Langley

City Clerk Rene Cranis

Also Present

Planner Allison McGillis

1) Call to Order Mayor Anderson called the meeting to order at 1:06 p.m.

2) Discussion Item(s) a. OAO and Progress Point Discussion Mayor Anderson suggested revising the agenda to start with reviewing the timeline first, then review of the ordinance, existing zoning entitlements and discuss progress point last. Agreed to by consensus.

Mayor Anderson asked if there was consensus to add off-week work sessions to accelerate the timeline, July 21 or August 4, and October 5 as a potential reconciliation of P&Z comments to complete the process by Thanksgiving. Consensus was to have additional meetings to complete the OAO sooner.

Mrs. McGillis noted that the citywide notice would need to be completed and distributed by the end of July. Lengthy discussion followed on layout and content of the public notice mailer, including comparison tables, renderings and providing a link to the city website on a separate landing page.

b. Comp Plan OrdinanceDiscussion Mayor Anderson explained that the language added to page 7 of the Comp Plan ordinance is an opt out clause. City Attorney Dan Langley explained provision. Discussion followed on provisions to allow opting out of building under OAO. Mr. Langley will draft clearer language for the opt-out provision. Commissioner Cooper stressed her strong opposition to an opt-out provision. Further discussion followed on the pros and cons of allowing someone to opt out of the OAO.

Mr. Langley clarified that the intent of the framework is a controlled opt-out, the commission is still the gatekeeper. He explained that a developer would have to come to the commission and show proof that an inordinate burden was placed on the property owner. After discussion, Mayor Anderson suggested moving forward with the revised language Mr. Langley will provide for the clause and added that there would be opportunities to discuss the provision further.

Mayor Anderson suggested moving the Progress Point discussion to the July 15th OAO work session in order to complete the review of the Comp Plan changes today.

Commissioner Sullivan suggested adding language to the opt-out clause that it is up to the Commission to accept the accept an opt-out application, similar to the variance process. Commission Cooper agreed.

Comprehensive Plan review Mrs. McGillis reviewed the Comp plan revisions. The following items were discussed and consensus was reached on the following: Policy 1-XXX - PublicHearings for Conditional Uses. - Added words “in perpetuity” to the FAR for parking structures policy. Agreed to by consensus.

Added Policy 1-XXX – Block Structure. - The OAO is designed to enhance pedestrian walkability, connectivity and safety and to create a safe, comfortable and convenient pedestrian experience. Towards this end, the OAOs multimodal transportation system is based on inter-connected streets forming small blocks similar to successful patterns of the more walkable areas of the City such as the Park Avenue Corridor. Any additional development or redevelopment of parcels in excess of 2 acres within the OAO shall be required to create a block structure and pedestrian corridors conducive to pedestrian safety, comfort, and vehicular circulation. Agreed to by consensus.

Section 2. Vesting. – added “and the City Commission will not approve any Conditional Use extensions of those development projects that have been approved prior to the effective date of this Ordinance. Agreed to by consensus.

Area C c. Maximum Height: 2 stories, with possible rooftop area. Remove “to be excluded from FAR calculations.” Agreed to by consensus.

Area D c. Maximum Height: 5 stories, not exceed 56 feet. Agreed to by consensus. Policy 1-XXX: Appearance Review. – Remove “prior to receiving building permit(s).” Agreed to by consensus.

Policy 1-XXX: Public Hearings for Conditional Uses. – Revised verbiage to read “Two public hearings by City Commission shall be required for all projects within the OAO that request a Conditional Use, involve new construction, and require a citywide notice as defined in Section 58-XX of the Land Development Code. Agreed to by consensus.

Zoning Code Review Mrs. McGillis reviewed changes since last discussion. The following items were discussed and consensus was reached on the following:

• j. Architectural Standards. (2) Setbacks/Stepbacks. – Added “Setbacks greater than the established “build-to” line require a variance. Street frontages only. Agreed to by consensus. (10) Appearance Review. - Remove “prior to permitting.”

• k. Parking Requirements & AccessManagement. (3) Off-Street Parking Requirements. – Staff is working on language related to on-street parking on curves.

Discussion was held on first floor residential unit restrictions for Orange Avenue, linear foot measurements, unit counts, frontage requirements and limiting the criteria to Subareas D, J and I. Mrs. McGillis read language from C-3 zoning regarding first floor residential uses. After discussion, the Commission decided to mimic the residential limitations that are found in the existing c-3 zoning for the properties fronting Orange Avenue.

t. Orange Avenue Overlay District Development Enhancements/ Bonuses. Discussion was held on dollars versus percentage for land value. Mayor Anderson reviewed a spreadsheet showing OAO land value – FAR Value Comp value analysis, followed by discussion on calculations and factors in determining value of land. Consensus was to use $70 as the bracket amount for land value per square foot and invest in an appraiser’s opinion on 10-15 comparable sales as an expert, prior to adoption.

Mayor Anderson reviewed the new Enhancement Menu table and discussed requirements for a developer to earn an incentive including land value, multiplier, maximum (cap), dollar per square foot, developer cost and profit margin. After discussion, Commissioner Cooper suggested the OMB department verify costs and auditing. Agreed by consensus.

3) Adjournment

Meeting adjourned at 3:47 p.m.

Posted to on July 29, 2021.

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