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CASSELI3ERRY CITY COMMISSION Minutes of November 14, 2022 — Regular Meeting Page 16 of 30 Notice of Public Hearing: The Notice of Public Hearing relative to second reading of Ordinance 22-1572 was advertised in the Orlando Sentinel on Thursday, November 3, 2022. Staff Presentation: Chief Planner Christina Hyson stated adoption of Ordinance 22-1572 would amend the City's Comprehensive Plan Future Land Use Element to accommodate increased densities and intensities in the Major Thoroughfare Mixed -Use (MTMU) land use category and the corresponding PMX- HIGH (Planned Mixed -Use: High Rise) zoning district. These amendments would apply only to development along the City's major arterial corridors of South U.S. Highway 17-92 and State Road (SR) 436. The proposed amendment modifies Table FLU l: Land Use and Corresponding Zoning Districts and Policy FLU 1.5 Major Thoroughfare Mixed -Use within the City's Comprehensive Plan. The amendment to Table FLU I is only to the MTMU (Major Thoroughfare Mixed -Use) land use category and the corresponding PMX-HIGH (Planned Mixed -Use: High Rise) zoning district to revise the standards to accommodate increased densities and intensities. The proposed density under this amendment will increase from 30 to 80 dwelling units per acre and the proposed intensity will increase from 1.5 to 2.0 FAR (Floor Area Ratio). The proposed changes will accommodate development within the City, including the new land use category of mid -rise dwellings with mixed uses. The proposed amendment package was transmitted to the Florida Department of Economic Opportunity (DEO) and seven (7) other agencies on September 23, 2022. DEO provided one technical assistance comment related to the proposed removal of the percentage distribution among the mix of uses within Future Land Use Policy 1.5. There were no comments from any of the other reviewing agencies. Based on the feedback from DEO, some modifications were made to Ordinance 22-1572 following first reading. Specifically, the first reading of Ordinance 22- 1572 proposed removing the sentence These properties may be developed based upon the following percent mix of uses," as well as the associated table displaying the suggested percent distribution of uses. In order to address DEO's comment and to provide the necessary guidelines for the implementation of mixed-use development under Florida Statute 163.3177(6)(a)3.1i., the sentence has been modified to "One suggestion is the following percent mix of uses" and the table with the suggested percent distribution of uses will no longer be removed from Policy FLU 1.5. The Planning and Zoning Commission, acting as the City's Land Planning Agency (LPA) voted unanimously at its meeting on August 10, 2022 to recommend approval of the proposed amendments to the City Commission, and Ordinance 22-1572 was approved on first reading by the City Commission at its October 12, 2022 Regular Meeting. In response to a question from City Manager Randy Newlon, Ms. Hyson explained that the reason for the comment from DEO which led to the change to the ordinance between first and second reading was that within the Florida Statutes there are requirements for required elements within every comprehensive plan, and within the future land use element the City is supposed to provide guidance for mixed use development and by removing the table, DEO felt that the City was not providing enough guidance for mixed use development. Therefore, the table was reinserted back into the ordinance. She also confirmed that the distribution of uses table was not mandatory but was simply guidance and a recommendation as to how mixed-use development could be broken down between uses. City Attorney Reischmann clarified the point further by noting that the percent distribution of uses on the table were suggestions of an ideal way to develop but were certainly not the only way. Budget Impact: There is no impact to the City Budget. Recommendation: The City Manager recommended adoption of Ordinance 22-1572 on second and final reading.