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LPA09-13-2023Min CITY OF LONGWOOD Land Planning Agency Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES September 13, 2023 6:00 P.M. Present: Judy Putz, Chair JoAnne Rebello,Vice Chair Michael Dodane, Member John Blum II, Member Mohamed Jaffer, Member Chris Kintner, Community Development Director Kristin Zack-Bowen, Planner/Acting Recording Secretary 1. CALL TO ORDER. Chair Putz called the meeting to order at 6:00 p.m. 2. ADDITIONS AND DELETIONS. None. 3. APPROVAL OF THE MINUTES FOR A. Regular Meeting held May 10, 2023 Vice Chair Rebello moved to approve the May 10, 2023 minutes. Seconded by Member Blum and carried by a unanimous voice vote. 4. PUBLIC COMMENT. None. 5. PUBLIC HEARING A. ORDINANCE NO. 23-2240 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS AND ZONING DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS, AND ARTICLE X ADMINISTRATION,TO IMPLEMENT THE PROVISIONS OF THE LIVE LOCAL ACT INCLUDING THE ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONING DISTRICT, PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Chris Kintner, Community Development Director, read the ordinance title and presented the staff report. Mr. Kintner described that the proposed ordinance is intended to implement the broad goals of the Live Local Act within the Longwood Development Code to reduce confusion about how certain elements of state law would be applied at the local level. Mr. Kintner reviewed the key components of the staff report, including that the ordinance affirmatively states the "maximum density" for a Live Local Project is 15 dwelling units per acre, which is the maximum allowed in the Development Code before LPA 09-13-2023/1 a density bonus is applied to a project. Mr. Kintner stated that he had sent an e-mail to the LPA members earlier in the day with a proposed change to this section that more clearly states that while a Live Local Project may apply for a density bonus, that density bonus is not assumed to be approved. Mr. Kintner also noted that the ordinance clarifies provisions related to which zoning districts the Live Local Act applies to and establishes reporting requirements on the part of the applicant to ensure that Live Local Act provisions are being followed through the life of the project. Mr. Kintner concluded his initial report by describing the Planned Development Zoning District, and how it could be applied on a project-specific basis and allow the City to have more predictability in development. Member Dodane asked whether the requirement to provide 40% of the units as affordable housing would continue through the life of the project. Mr. Kintner answered that it should, but that the state language does not explicitly say that, and it was part of the reason that staff had proposed the language that more clearly spells out the requirement for a binding agreement with the developer to that end that ensures the agreement was binding on successive owners. Member Jaffer asked whether the agreement would specify the definition of what constitutes affordable housing. Mr. Kintner stated that the definition of affordable housing is spelled out in state law, but that the agreement is more intended to provided a mechanism for reporting to ensure that the applicant is providing affordable housing that meets that definition by detailing specific lease amounts that staff would otherwise not have access to. Chair Putz asked whether an existing apartment project could convert to an affordable housing project under this law. Mr. Kintner indicated that in theory that would be possible, but that ultimately there would not be a clear incentive for the developer to do that, particularly given that the maximum density affirmed in this proposed ordinance is not high enough to justify that investment without a density bonus. Chair Putz asked what impact affordable housing might have on the City's overall tax revenue. Mr. Kintner noted that there isn't really a clear answer to that because it depends on a few factors. An affordable housing project is likely to bring in less tax revenue than a similar market-rate project on the same site, but it might bring in significantly more than a smaller retail development on the same parcel. Vice Chair Rebello asked whether the application of the Planned Development District by the City would cause issues for property owners by restricting their property rights. Mr. Kintner responded that a Planned Development District would only be applied at the request of an applicant, and provides a path that may be attractive to some developers. Vice Chair Rebello asked what guarantees there were that a developer won't purchase a number of viable commercial properties and build affordable housing under the Live Local Act. Mr. Kintner stated some of that desire was the catalyst for the proposal of this ordinance, and that through some of the clarifications on density and the application of the Planned Development District—as well as other changes made in the code last year, the City is in a better position to be able to promote the retail development of viable sites than it could be. Member Blum made a motion to recommend approval of Ordinance No. 23-2240 to the City Commission as presented. Seconded by Vice Chair Rebello, and carried by a LPA 09-13-2023/2 unanimous roll call vote. B. ORDINANCE NO. 23-2241 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING ORDINANCE NO. 23-2236 TO ADD A NEW NON-CODIFIED SECTION 5 TO SUCH ORDINANCE ENTITLED "VESTING" RELATED TO THE LONGWOOD DEVELOPMENT CODE ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS TO ADDRESS SITUATIONS WHERE A COMMERCIAL LEASE FOR A CERTAIN LAND USE WAS SIGNED PRIOR TO THE ADOPTION OF ORDINANCE NO. 23-2236; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. Mr. Kintner read Ordinance No. 23-2241 by title and presented the staff report. Mr. Kintner indicated that this ordinance is a result of City Commission direction to give businesses affected by the passage of Ordinance 23-2236 a pathway to being able to open where they can demonstrate they signed a lease for the qualifying lease before the effective date of that ordinance. Mr. Kintner noted that currently the businesses have the opportunity to open under a temporary use agreement approved by the Commission, but one of the affected businesses has not signed that agreement. Chair Putz asked what would happen if this ordinance passed and the temporary use agreement wasn't signed. Mr. Kintner stated that the temporary use agreement was intended to allow them to open while the ordinance was being considered, and that if they were to wait until the ordinance was passed, they could then open under the provisions of the ordinance rather than the temporary use agreement. Member Dodane made a motion to recommend approval of Ordinance No. 23-2241 to the City Commission as presented. Seconded by Vice Chair Rebello, and carried by a unanimous roll call vote. 6. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS Mr. Kintner informed the board that building permits were submitted for the buildout of Chipotle on 434 and briefly discussed the announced closure of Orlando Health South Seminole Hospital and their stated desire to seek a mixed-use medical town center development on the site. He also mentioned there were currently no plans for a meeting in October. 7. ADJOURNMENT. Chair Putz adjourned the meeting at 7:19 p.m. ?te..,04r, 111 Jutol•utz, Chair ATTEST: ristin Zack owen,Acting Recording Secretary LPA 09-13-2023/3