Performance Without An Audience

Please see earlier posts about the redo of the Orange Avenue Overlay (OAO) codes.

Well, they are almost done redoing the Orange Avenue Overlay (OAO) codes after almost two years of tortuous detailed consideration by five amateur city planners otherwise known as the Winter Park City Commission. (Oh Pete, can’t you be nice?) They consumed nearly two years of our planning department’s manpower on this as well.

Keep in mind there is no audience. No private interests have come forward to invest within the OAO area exactly because the new codes are not worth investing in.

The commission endlessly nit picked the codes and even created a new city board, the Orange Avenue Overlay Appearance Review Board, to oversee development proposals that do not exist and are unlikely to exist in the future.

The minutes of their November 10 meeting approving the first reading of the new OAO codes are below. Look this over to get a clear idea of the lack of leadership in Winter Park.

Minutes of the November 10, 2021 Regular City Commission Meeting

e. Ordinance – Amending Land Development Code creating language for the Orange Avenue Overlay (1st Reading)

Attorney Ardaman read the ordinance by title.

The following amendments to the ordinance as presented by the Planning and Zoning Board were discussed.

• Page 3, Item (a), Location and Boundaries. Commissioner Cooper recommended retaining the language to identify the boundaries using tax parcel identification numbers. (Agreed by consensus.)
• Page 8-9, Item i(h), Landscaping Requirements. Commissioner Cooper suggested keeping the language stricken by Planning and Zoning Board relating to shade trees and distance between. Commissioner DeCiccio disagreed and discussion followed on factors that may impact the location and distance between trees. Commissioner Weaver suggested changing the language to read “maximum of 50′ between trees.” Mayor Anderson supported keeping the language and relying on the variance process for adjustments.
• Page 9, Item (2), Block Configuration/Lot Standards Circulation – Commissioner Cooper suggested deleting in Subparagraph (a) “of Orange Avenue” so the requirements are not limited to just Orange Avenue. In Subparagraph (b), she suggested changing “where applicable” to “where possible” and in Subparagraph (d), delete the last and put in the appropriate section (Architectural Standards). (Agreed by consensus)
• Page 15, Item (3), Facades, last sentence regarding murals – Commissioner Weaver suggested deleting this clause because a mural is an adequate break-up. He clarified that he is not opposed to murals, only their use in place of articulation. (Agreed by consensus)
• Page 16, Item (c), Facades – Commissioner Cooper spoke about building length and visual impact and suggested keeping the deleted language. She believes the intent is to set a maximum building length of 300 feet and a 20-foot separation between long buildings. Discussion followed on length of blocks on Park Avenue and long buildings with façade treatments.

Commissioner Weaver said he feels it important to have the impact fee ordinance in place before adoption of the OAO ordinances and made the motion to table first reading to the December 8th meeting; seconded by Commissioner DeCiccio.

Discussion was held on the impact to the schedule, adoption and effective date of the OAO ordinances and the impact fee ordinance, which was scheduled for simultaneous adoption on December 8th.

Upon a roll call vote, Commissioners DeCiccio and Weaver voted yes and Commissioners Sullivan and Cooper and Mayor Anderson voted no. Motion failed with a 2-3 vote.

Mayor Anderson declared a recess at 9:39 p.m. and reconvened the meeting at 9:45 p.m.

Mayor Anderson noted the consensus for Façade language on Page 16 shall read “No building shall exceed more than 300 feet of horizontal length on any street facing façade” and asking the attorney to add a provision that states there will be a 20-foot separation between extraordinarily long facades.

• Page 19, Item (10), Appearance Review – Mayor Anderson noted that deleting “of buildings over 10,000 square feet” as recommended by Commissioner Cooper would then require appearance review for external renovation of all buildings. Commissioner DeCiccio said she feels requiring appearance review for all projects is onerous to smaller business and discussion followed on impact and requirements for small businesses which are less than those for large projects. Consensus was to delete the language as suggested.
• Page 25, Item 3, Public Hearings for Conditional Uses – Commissioner Cooper suggested deleting “new construction” which would require two public hearings before
the commission for all projects greater than 10,000 s.f. Discussion was held on public hearing requirements for conditional use requests on different sized projects.
Consensus was to delete “new construction.”
• Page 27, Item (q), Contribution to Transportation and Mobility Infrastructure. Commissioner Cooper suggested leaving this provision in the ordinance but may require minor revisions. Mr. Stephenson suggested that the language may not need to specifically mention the OAO. Mayor Anderson noted the gap between the effective date of the mobility fee, which is during the waiting period prior to the effective date of the OAO ordinances (31 days after adoption). Consensus was to keep this section with revisions to be considered at second reading.
• Page 30, Subarea A, Item 3(c) – Commissioner Cooper pointed out that there are no Subarea A properties west of Denning Drive and suggested deleting “(west of Denning Drive)”. Agreed by consensus.
• Page 31, Subarea B, Item 6, Setbacks, Commissioner Cooper noted that minimum rear setback in the last sentence conflicts with Item 6(b). After discussion, it was agreed that that the language be revised to show the rear setback is 35 feet.
• Page 32, Subarea C, Item (3)(a) – Commissioner Cooper spoke about parking garage levels based on the FAR and suggested allowing a parking garage with three stories (four levels). Commissioner DeCiccio stressed the need for a parking garage at Progress Point and lengthy discussion followed on parking needs, potential height and FAR. After discussion, agreement was reached to change to 3 stories/4 levels with height to be determined at second reading.
• Page 33, Subarea D – Commissioner Cooper suggested changing the minimum setback along Orlando Avenue to 50 feet from P & Z’s 20-foot recommendation. She spoke about setbacks and viewshed to maintain openness of intersections in Subarea D and suggested adding the language in Subareas I and C regarding Intersection and Open Space Viewshed to Subarea D. Agreement was reached to change the minimum setback to 50 feet and to further discuss setbacks and viewshed at second reading.
• Page 36, Subarea G, Item (7)(a)(6) – Commissioner Cooper suggested removing the language related to workforce house due its proximity to MLK Park. Consensus was to remove workforce housing language added by P & Z Board.
• Page 19, Item 10, Appearance Review – Commissioner Cooper addressed the requirements for architectural review and presented amendments. After discussion, consensus was reached to add language clarifying external elevation drawing requirements for different sized buildings, consider adding language for smaller (less than 3,000 s.f.) and have staff look further at sidewalk design utilization (Page 24) and setbacks (Page 4, Figure 4).
• Page 7, Item (d)(7), Commissioner Sullivan suggested reinstating this provision regarding vehicle sales showroom deleted by P & Z. Mr. Stephenson stated this provision could present the possibility for car dealerships in certain locations. There was no consensus to reinsert.
• Workforce Housing, all subareas – Commissioner Sullivan suggested changing the 10% FAR increase to 20% (when used exclusively for workforce housing. Approved by consensus.
• Page 30, Item (a)(3) Commissioner Weaver spoke about stormwater treatment issues and solutions and said he would like to delete 10 c.f. and require “one inch over the impervious total if redeveloped beyond a certain point to be determined.” Mr.
Stephenson noted that it would have to address those properties that cannot physically meet the requirement. Commissioner Weaver said he would be open to allowing variances. Agreement was for Commissioner Weaver to work with staff to develop alternate language.
• Page 18, Item (7) – Solar panels – Commissioner Weaver said he would like to limit the height that solar panels can extend above the roof to six feet. Agreed by consensus.
• Page 20 – Commissioner Weaver expressed concern about the lack of easements for the Palmetto extension and center turn lane and said he would like to remove Subareas D and J from the OAO until the lawsuits are dropped or easements are granted for Palmetto. Mr. Stephenson advised that staff has been working with property owners on property for Palmetto. Commissioner Sullivan suggested leaving the subareas in the OAO with same entitlements.
• Page 21, Subparagraph (4), Off-street Parking Access Design – Commissioner Weaver felt it was important to define ” busier streets.” Consensus was to delete “on busier streets” without naming streets.
• Page 32, Subarea C, Item (7) – Commissioner Weaver asked for clarification on the need for zero front setback on Orange Avenue. Commissioner Cooper cited language on Page 12 establishing the build-to line as the greater of either the setback or the sidewalk requirement, which she feels takes care of the zero setback.
• Page 34, Subarea D, Item (c) Road Realignment – Commissioner Weaver suggested changing “right-of-way may be considered” to “shall be considered.” Mr. Stephenson advised that he spoke with property owner about the benefits of realignment and is something the city wants to pursue. Consensus was to change to “shall be considered.” • Page 35, Subarea E and Page 36, Subarea G – Commissioner Weaver suggested adding “Stormwater treatment must meet or exceed St. John’s Water Management District standards for any redevelopment.” Mr. Stephenson stated this is a requirement of redevelopment.
• Page 38, Subarea J, Item (a)(5), Setbacks – Commissioner Weaver suggested reinstating “landscape” and changing it to read “pervious or landscape buffer” (third line). After discussion, consensus was to change the language.

Mayor Anderson stated that at 2nd reading he will bring up boutique hotels where he feels some limited food service should be allowed without a conditional use. He commented on view of solar panels from the street which was limited to no more than 30% of façade, which was changed to be at the discretion of the Planning and Zoning Board and City Commission.

Commissioner Cooper pointed out that Subarea K on Page 26 needs to be deleted since there is no longer a Subarea K.

Commissioner Sullivan addressed the Enhancement Menu (Page 41), S.1, Solar Panels. He suggested changing it to read “…solar panels and supporting structure are exempt from FAR as long as the roof is otherwise exempt from FAR” instead of listing the conditions for exemption, which could change and require amending the ordinance.

There were no public comments.

Motion made by Mayor Anderson to approve the zoning ordinance on first reading recognizing that amendments will be made; seconded by Commissioner Cooper.

Motion made by Mayor Anderson to amend Section 58-83(3)(1)a of the ordinance to maintain the original parcel list (reinstating language “… is identified by tax parcel identification number on Exhibit “A” as attached to the ordinance”); seconded by Commissioner Sullivan. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Pages 8-9, Item h,
Landscaping Requirements to reinstate language deleted by Planning and Zoning
Board; seconded by Commissioner Sullivan. Upon a roll call vote, Commissioners Sullivan, Cooper and Weaver and Mayor Anderson voted yes. Commissioner DeCiccio voted no. Motion carried with a 4-1 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 9, Item i(2)(a) deleting the application to only Orange Avenue (amend language to read “…within pedestrian oriented street frontages.”); Item (2)(b) changing “where applicable” to “where possible” and after Item (2)(d) deleting the sentence beginning “Existing buildings…”; seconded by Commissioner Cooper. Upon a roll call vote,
Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 15, Item (3), Facades, deleting the last sentence (“Murals shall be allowed to contribute toward façade breakup.”); seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 16, Item (c), revise to read “No building shall exceed more than 300 feet of horizontal length on any street facing facade.” and to include language from Director of Planning and Transportation to the effect that there will be 20-foot breaks between very long buildings. (Commissioner Weaver noted that the word “street-facing façade” should be “street-facing frontage” and motion was revised to read “street facing frontage”); seconded by Commissioner Sullivan. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 19, Item (10), deleting “of buildings over 10,000 square feet”; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, Cooper and Weaver and Mayor Anderson voted yes. Commissioner DeCiccio voted no. Motion carried with a 4-1 vote.

Motion made by Mayor Anderson to amend the ordinance, page 25, Item (3), deleting “new construction” from the last sentence; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 27, Item (q), reinstate Contribution to Transportation and Mobility Infrastructure language (deleted by P&Z) with revisions by staff and counsel (for consideration at second reading); seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 30, Subarea A, Item (c)(3) deleting “west of Denning Drive”; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 31, Subarea B, Item
6, changing the minimum rear setback from a minimum of 10 feet to a minimum of
35 feet; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 32, Subarea C, changing the parking structure to reflect 3 stories/4 levels at 44 feet acknowledging that that the Comp Plan will need to be modified at second reading; seconded by Commissioner Sullivan. Discussion was held on the calculation of height based on stories and levels. Mayor Anderson amended the motion to state 4 levels of parking and 35 feet to the parapet top; seconded by Commissioner Weaver. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 33, Subarea D, to change the setback along Orlando Avenue to 50 feet; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.
Mayor Anderson noted that language regarding viewshed to evaluate setbacks from intersections will be drafted and presented discussed at second reading.

Motion made by Mayor Anderson to amend the ordinance, Page 36, Subarea G, Item (7)(a)(6) deleting the workforce housing language (added by P&Z Board); seconded by Commissioner Cooper. Upon a roll call vote, Commissioners DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Commissioner Sullivan voted no. Motion carried with a 4-1 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 19, adding:

• “External elevations of new and renovated buildings of over 10,000 s.f. gross building area visible from the public realm shall provide context drawing to scale, showing the surrounding buildings, trees and other significant feature that inform the scale, materiality and form of the proposed structure.”
• “External elevations of new and renovated buildings of over 10,000 s.f. gross building area visible from the public real shall provide a detailed architecturally rendered façade for review by the Orange Avenue Overlay Appearance Review Board.”

Motion seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio and Cooper and Mayor Anderson voted yes. Commissioner Weaver voted no. Motion carried with a 4-1 vote.

Mayor Anderson noted that staff will review Commissioner Cooper’s recommendation to amend Sidewalk Design and Utilization by changing the reference to landscape buffer to planting area with tree islands.
Motion made by Mayor Anderson to amend the ordinance, changing the workforce incentive from 20% to 10% for the FAR bonus; seconded by Commissioner Sullivan.

Upon a roll call vote, Commissioners DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Commissioner Sullivan voted no. Motion carried with a 4-1 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 19, Item 9, reducing the height of rooftop solar panels from ten feet to six feet; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Mayor Anderson noted that Commissioner Weaver and staff will present an alternative to the 10 c.f. for Subarea A properties at second reading.

Motion made by Mayor Anderson to amend the ordinance, Page 21, Item (4), deleting “onto busier streets”; seconded by Commissioner Cooper. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote. Motion carried unanimously with a 5-0 vote.

Motion made by Mayor Anderson to amend the ordinance, Page 34; Item 10(c), changing “…right-of-way may be considered…” to “…shall be considered…” seconded by Commissioner Sullivan. Upon a roll call vote, Commissioners Sullivan, DeCiccio and Weaver and Mayor Anderson voted yes. Commissioner Cooper voted no. Motion carried with a 4-1 vote.

Motion made by Mayor Anderson to amend the ordinance, changing ”landscape buffer” to “landscape and pervious buffer”; seconded by Commissioner Sullivan. Upon a roll call vote, Commissioners Sullivan, DeCiccio, Cooper and Weaver and Mayor Anderson voted yes. Motion carried unanimously with a 5-0 vote.

Upon a roll call vote on the main motion (as amended), Commissioners Sullivan, DeCiccio, Cooper and Mayor Anderson voted yes. Commissioner Weaver voted no. Motion carried with a 4-1 vote.