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HomeMy WebLinkAboutItem VI (A) Discussion re: Public Transportation Bench Advertisement Signs and New Homes Guide Signs r AGENDA 2-20-96 "CENTER OF GOOD LIVING — PRIDE OF WEST ORANGE" Item VI A :oee .JLV I I VMIN UCItLariICi O OCOMMISSIONERS �. RUSTY JOHNSON V...... a CITY OF OCOEE SCOTT ANDERSON O 150 N.LAKESHORE DRIVESCOTT A.GLASS 1:: �VOCOEE,FLORIDA34761 2258JIM GLEASON '' ,� (407)656 2322CITY MANAGER� pp G0pO ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN, BUILDING AND ZONING DIRECTOR t, -5p DATE: FEBRUARY 13, 1996 SUBJECT: PUBLIC TRANSPORTATION BENCH ADVERTISEMENT SIGNS AND NEW HOMES GUIDE SIGNS ISSUE Should the Honorable Mayor and Board of City Commissioners enter into an agreement with a private company that would provide benches -- at public transportation locations at no cost to the City? This agreement would also permit the private company to sell advertising signs space on -the benches. BACKGROUND/DISCUSS Section 8-8 of City Ordinance 95-28 (Relating to signage) provides for advertisement signs attached to backrest of benches used for the convenience of public transportation customers. This same section gives the City the authority to enter into written agreements with private companies for the installation of benches, including advertising displayed thereon. Florida State Statutes 337 .408 in part states: A municipality or county may authorize the installation, without public bid, of benches and transit shelters together with advertising displayed thereon, within the right-of-way limits of such roads. We are in receipt of two proposals concerning the providing of benches at public transportation sites and advertising displayed thereon. These proposals were submitted by the West Orange Jaycees and Mega Media Inc. The Mega Media proposal includes New Homes Guide signs. Our sign ordinance does not contain any language that would permit the City to enter into an agreement with a private company to erect New Homes Guide signs and sell advertisements thereon. Due to the wording of our sign ordinance, the City is responsible for erecting the New Homes Guide Signs and controlling the advertising thereon. For your information, a copy of the West Orange Jaycees and Mega Media Inc. proposals are attached. t Staff Report February 13, 1996 Page 2 RECOMMENDATIONS The Protective Inspections Department Staff request that the Honorable Mayor and Board of City Commissioners give direction to the Building and Zoning Director to prepare an exclusive agreement with the West Orange Jaycees or Mega Media Inc. for the installation of benches with advertisement thereon at public transportation locations or provide direction to advertise for additional private companies to submit proposals for benches with advertisement thereon at public transportation locations. DWF/sas/765 BE PROPOSAL-AGREEMENT WHEREAS, it is everywhere recognized that physical rest is essential to human well being as well as welcomed by all people, the CITY OF 6/dCG �.�riz/11,� to ina as the "City," has determined that thepinstallationrred and presence of a public seating service within the corporate limits of the City would fulfill a collateral public transportation need and be of continuing benefit to the general traveling public, and to others, and WHEREAS, the City is charged with the public interest and, accordingly, as a proprietary function is desirous of having placed within its corporate limits, at transit stops and/or at other points of pedestrian convenience or necessity, benches designed for comfortable seating in order that such benches may inure to the convenience and enjoyment of those who use public transportation, and of others; and WHEREAS, METROPOLITAN SYSTEMS, INC. , a corporation, hereinafter referred to as the "Service Company," is engaged in the manufacture and installation of benches as an ordinary and desirable incident of city and county streets; and WHEREAS, the 71,>/,_-_;/ G2/4(',. J�f - and the hereinafter referred to as the "Clubs," are desirous of sponsor- ing or co-sponsoring as a community project for the benefit and accommodation of the general traveling public, and of others, the placement of benches at transit stops and/or at other points of pedestrian convenience or necessity within the corporate limits of the City and, to that end, have en- tered into agreements with the Service Company. NOW, THEREFORE, in consideration of the premises, the Clubs and the Service Company join in making the follow- ing proposal to the City, whereby, upon the acceptance of such proposal by the City, the said desires of the City and of the Clubs can be realized: lThe Service Company, its successors and assigns, shall install and at all times hereunder shall continue to furnish benches, as hereinafter provided, upon public space within the corporate limits of the City (as now constituted or hereafter enlarged) in a quantity sufficient, in the judg- ment of the City reasonably exercised, to establish a public seating service within the City for the benefit of the gener- al traveling public as well as for the benefit of others. In order to fund such public seating service, the Service Company, its successors and assigns, shall have the right to lease display space on said benches, as hereinafter pro- vided for both public service and commercial messages. 2. Benches placed within the corporate limits of the City, as herein provided, shall be governed by and subject to the following general criteria: a. No bench shall be more than forty-three (43) inches high nor more than seventy-four (74) inches long nor more than twenty-eight (28) inches wide. b. Construction shall be of concrete and wood or of equivalent materials. c. Benches shall be placed at transit stops and/or at other points of pedestrian convenience or necessity and such placement shall be subject to review by the City so that no bench shall be permitted to cause a public sidewalk to be closed to pedestrian passage or to create a hazard or to otherwise be detrimental to the public safety. d. No bench, unless otherwise authorized, may be placed so that the angle of its long di- version in relation to the curb line shall be greater than thirty degrees (30°) , and no bench, unless otherwise authorized, may be placed so that it is closer than eighteen (18) inches to the face of the curb. e. Not more than one (1) bench displaying a commercial message or intended for the dis- play of a commercial message shall be per- mitted at a particular location. f. Display space shall be restricted to the backrest area of the bench and shall not be greater than six (6) feet in length and two (2) feet in height. No commercial message displayed thereon shall appear other than on the front or rear surface of such backrest area. Should any message be deemed objection- able in the judgment of the City reasonably exercised, then, upon notice to the Service Company such message shall forthwith be re- moved by the Service Company. Should any bench fail to conform to the above gener- al criteria or should a property owner object to the presence of a bench abutting his property then the City may order the Service Company to remove such bench and, that failing, may remove same at the expense of the Service Company. 3. The City shall reserve the right to, upon notice to the Service Company, order the removal of any particular bench which the City, in its judgment reasonably exercised, believes not to be located to the public benefit. Should the Service Company fail to remove such bench then the City may remove same at the expense of the Service Company. 4. At all times hereunder the benches which are the Service Company prof oposal shall emain benches in a good and substantial state of repair. At all times hereunder the land upon which the benches are placed shall not be in the legal possession or control of the Ser- vice Company but shall only be subject to the necessary in- stallation and maintenance of the benches. 5. The Service Company shall at all times hereunder maintain public liability insurance and shall provide the City with a Certificate of Insurance as evidence of same; the insurance shall be in the minimum amount of One Hundred Thousand Dollars ($100,000.00) for individual injury and Five Hundred Thousand Dollars ($500,000.00) for more than one injury resulting from one accident and Fifty Thousand Dollars ($50,000.00) for property damage and if and when such minimum amounts become deficient, in the judgment of the City reasonably exercised, then such amounts shall be appropriately increased upon the written request of the City. Further, within the above stated insurance limits, the Service Company shall indemnify and save harmless the City from and against all claims, losses and expenses, including court - 2 - BE costs and reasonable attorney's fees, arising out of or re- sulting from any wrongful or negligent act on the part of the Service Company in the installation and maintenance of benches hereunder. 6. It is intended that the program for the placement and continued maintenance of benches established by the accep- tance of this proposal by the City be quasi-commercial in nature,. accordingly, such program shall be sponsored or co- sponsored by the Clubs, however, notwithstanding anything herein to the contrary, such sponsorship shall be the Clubs' only right and obligation hereunder. The benches shall be referred to as the "Clubs' benches." Should the Clubs at any time and for any reason be compelled to withdraw as spon- sors of the public seating service established by the accept- ance of this program by the City so as to leave no sponsoring organization for such program then the Service Company shall within a reasonable time thereafter join with another civic, service or charitable organization or organizations as spon- sor of such service and the City shall be notified of such sponsorship. 7. Should the Service Company be found to be in default of any of the conditions herein, it shall be given notice in writing and a reasonable time, not to exceed thirty (30) days, to correct same. In the event that the Service Company should fail to correct such default within a reasonable time after receipt of notice of same the City may, at its option, terminate the rights and obligations created by the acceptance of this proposal upon the giving of ninety (90) days notice in writing to the Clubs and to the Service Company. Should such termination duly occur, or should the rights and obliga- tions to provide public seating as set forth herein cease for any other reason, then the Service Company shall be allowed an additional six (6) month period to remove its benches. 8. Where notice to the Service Company and/or to the Clubs is required or otherwise given pursuant to the agree- ment created by the acceptance of this proposal by the City it shall be in writing, sent by registered or certified mail, to the relevant principal office(s) with return receipt(s) requested. 9. It is expressly understood and agreed that the rights and obligations created by the acceptance of this proposal by the City shall remain in full force and effect for a period of twelve (12) years from and after the date of such acceptance and, thereafter, so long as the Service Company performs as provided herein and so long as the Clubs, or either of them including successors, if an r the public seating service established herein, then,sandsin that event, such rights and obligations shall self-extend and renew for like periods without restriction upon the same terms, covenants and conditions. 10. Should any one or more of the provisions hereof be found invalid or unenforceable by a court of competent jurisdiction then such provision or provisions shall be null and void and shall be deemed severed from the whole and such finding shall be without effect upon the remaining provisions which remaining provisions shall continue in full force and effect provided that the rights and obligations of the parties contained herein are not materially prejudiced and that the intentions of the parties continue to be effective. 11. The agreement created b proposal by the City supersedes alt 1priorthe cnegotiationsh1under- standings, representations or agreements between the parties hereto, whether written or oral, with respect to the subject matter contained herein and with respect to the area intended hereunder. - 3 - BL 12. It is understood and agreed that the agreement created by the acceptance of this proposal by the City shall take effect one hundred and twenty (120) days from and after the date of such acceptance and that time shall be of the essence of such agreement. It is further understood and agreed that the rights and obligations created by the accept- ance of this proposal by the City shall he exclusive and shall not be conditioned upon the City being served by a mass transit system. 13. Should the Cicy desire to have transit shelters installed at designated transit stops within its corporate limits which shelters are to be funded by the display of commercial messages, the Clubs, together with the Service Company, shall have the right of first refusal for the in- stallation and operation of such shelters together with the display space thereon. 14. And the further conditions: IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective corporate names by the persons duly authorized to sign in their behalf. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CLUB BY C > �� 1�_.` , (SEAL) ATTEST: c ,q ,:( h',' a,1; ( President Secretary CLUB ATTEST: By (SEAL) President Secretary METROPOLITAN YSTEMS,INC. B !!�� (SEAL) ATTEST: rle.a..),‹ ��./ "e ice President S cretary CITY OF CC7c G c" i"/ ,p,1 ATTEST: By (SEAL) Mayor City Clerk Date of Acceptance by City of Cr0(. t, P .•�;i,�i! Approved as to form and legal sufficiency: City Attorney - 4 - FROM: MALI(RAPP PUB..IC SEATING PROJECT COORDINATOR BEE ER 1 800 970.0131 TO DO?. FLIPPING RE: JAY, 'EE PUBLIC SEATING PROPOSAL DO? .I HOPE THIS WILL SUFFICE, I DON'T CURRENTLY HAVE THE ACI!JAL CONTRACT TO FAX YOU,HOWEVER, IF YOU NEED IT I WILL DR( IT OFF ASAP. THIS OUTLINE COVERS THE CONTRACT SEC :'ION BY SECTION, AND I ATTEST THAT IT IS AN ACCURATE REFLECTION OF WHAT IS IN THE CONTRACT. THE OTHER PAGE DES I RIBES WHAT THE SERVICE PROPOSES TO DO. ANY QUESTIONS LE1 ME KNOW, AND I'LL GET BACK TO YOU. THr.SK YOU MAI;K RAPP 4.57 /i/C,: b /A t2 CAW - /'G $ i 72/7? ,,x,37 S�°? PC€9SC 771 . X161/7 IMAM J'/h e of Tf/C P4 GEr E. /lore C M% r OUT RINE OF PUBLIC SEATING PROPOSAL-AGREEMENT 1. The clubs will install at no cost to the city or county a quantity of benches sufficient, in the judgement c 'the city or county, to meet the need for public seating_ The seating service will be fund. .1 by the display of commercial messages on some of the benches. 2. General crit ja: a. 1v iximum size of the benches is specified. b. T,pe of materials is specified. c. L .cation of benches is controlled by city or county_ d. c placement of benches is specified. e. L nit of only one commercial message per site. f. N,iximum size of the display is specified and the displays are subject to rr►noval upon objection of city or county. g. I'.cutting property owner can cause bench to be removed. 3, City or cou .y can order the removal of any particular bench and,for larger communities, downtown •ea is excluded from installation of seating. 4. Club's sery :e company will maintain benches. S. Insurance p •Aided and city or county indemnified and held harmless. 6. Clubs shall ponsor the seating service thereby maintaining a strong community orientation. 7. In the even: of default,city or county can terminate if default not corrected. 8. Provides k • notice when called for. 9. Initial perk i:i of twelve years with extensions if satisfactory. 10. Any indivic I►►al provision can be severed if ruled invalid. 11. Superseder dl previous agreements. 12. Effective d:►te. 13. Shelters. 14. Further co. iitions. y , JAYCEE PUBLIC SEATING SERVICE PURPOSE: To provide the people of our community with a public seating service and to do so without the cost to the taxpayer. To place comprehensive controls of the seating service in the hands of the city or county. BENEFITS: Seating is provided by the service company without cost to the city or county. Both routine and corrective maintenance is provided by the service company without cost to the city or county. The Jaycees monitor the seating service on a daily basis and notify the service company of maintenance needs. Insurance is provided by the service company without cost to the city or county. The city or county is held harmless. The name of the Jaycees is displayed upon the setting informing community that the service is a project of the Jaycees. Display space,for both club and charitable functions,is made available to the community by the Jaycees as a public service. The Jaycees share in revenues derived from the funding messages which revenue is returned to the community through other Jaycee projects. CONTROLS: Benches are placed subject to the objection of the abutting property owners. Only one bench may be placed at a location unless the city or county requests additional benches to meet a public need,in which case,only one such bench may display a message. The city or county may order the removal of any display that it deems objectionable. No bench may be placed close to motor vehicle traffic or otherwise be situated so as to endanger the public safety. The maximum size of the bench and of the display area is specified. To insure the quasi-commercial nature of the program at least one service or charitable organization shall at all times be a sponsor or a cosponsor of the seating service. • Ch.9 7 CONTRACT'!0.ACQUISITION,DISPOSAL,AND USE OF PROPERTY _F,g,1 • i 40013i ,r (c) 'Franchise' means an in al authorization or (2)(a) The provisions Of subsection(1)do not rens' 31 thereof issued by a fr r ichising authority, •to benches or transit shelters, or to advertising i whet a such authorization is desir r rated as a franchise, played on bunches or shelters,installed within the right.. , . ,;1.:: perm license, resolution, contra•_-_, certificate, agree- of-way limits of any municipal, county, or stale merit x otherwise,which authoriz ;the construction or except a limited access highway: provided that ' '.`� 001 Florida uthor friths open on of a cable system. such 01 Auacces tc benches or shelters am Inctet the norcs on official , )' access to (d) 'Franchising authority'relish s any governmental of the general public.or at designated stops on otlkiiel --« v' Acquisition until) mipowered by toderel,stair,or local law to grant bus routes;and provided further that written authorize.• ``'• fo 1timitc a Ira, alae. tion has boon secured by a qualified private supplier of• 1,6- roads. (a) 'Person means an indlvldu I,partnership.asso- such service from the appropriate municipal or county :,t�5 General me ciatic ,joint stock company,true' corporation,or goo- government.A municipality or county may authorize the; toss loge ernm ltal entity. installation,without public bid,of benches and shelters 13 Termination (t) 'Video programming" mee programming pro- together with advertising displayed thereon,within the ; ^ .155 Payment of videc by or generally considered comparable to pro- right-of-way limits of such roads within its jurisdiction, exempGor gram ring provided by a televisia Droadcaat station or Any contract for the installation of benches or shelters ', <,: 165 Continuation cabit +ystem. or advertising on benches or shelters which was entered , Florida Turr (2) It is unlawful to use the gilt-of-way of any into before April 8, 1992,without public bidding is rate ., 1 Definitions state naintained road, including !ppendages thereto, lied and affirmed, it such contract is otherwise valid, -- $3822 33822-3: and. 3o including,but not limits to, rest areas.way Such benches or transit shelters may not interfere with 222 Department side tlrfcs.boat-launching ramp:. weigh stations, and right-of-way preservation and maintenance. . "s, mental c s,en easements,for cable sere •s purposes within a i ' rot Iphic area subject to a valid 1'xisti franchise for (b) The provisions of subsection(1)do not apply '- '.1 operate t1 cable ;ervce,unless the cablesy: rm using arch such right- waste disposal receptacles of less than 110 gallons h r :We,223 Proposed tx. of-w 7 holds a franchise 1rOln the• tmippaity or county capacity,or advertising on such receptacles.erected or .,e ,t�6.225 Taking of pr for ttw area in which the right-of'.ray is located. pieced on the right-of-way of any municipal,county,Or ;=` 83$, 27 Turnpike re. (3) A violation of this section st� l be deemed a villa• state road,except a limited access highway; provided ' X8.2275 Approved t. tion I 5.337.408. written authorization has been given to a qualified prl• : 1, ' .$382276 Western Be: raw ._s 2.m r-206 vats supplier or suppliers of such service by the appro. e. $38228 Bonds not priate city or county government.Such receptacles may stale. 33 407 Regulation of sigr I and lights within not interfere with right-of-way preservation and mainte• .. .338.229 Pledge to te. tight if-way.— nance. ' `sof' rights of r (1) .) No person shall erect a 'sign,as defined in (c) The department has the authority to direct the •' 338"231 Turnpike tr. chap 1479,or light within the rig+ -of-way limits of any immediate relocation or removal of any bench, transit .,• i other rev" • road n the interstate highway a1 rem,the federal-aid shelter,or waste disposal receptacle which endangers ...;], _'• 338.232 Continuative prima y highway system,the Stale I Eighway System,the lite or property,except that transit bus benches whichmint of t Slats park Road System, or the _ounty road system; have been placed in service prior to April 1,1992,do not maintena' hove or, the department is authi.izod to adopt rules have 10 comply with bench size and advertising display , 338.234 Prohibition cone ning the placement of signr,canopies,and othersize requirements which have been established by the ,•,‘ _ sal ing ale overt aging encroachments aior ; and over any stale department prior to March 1, 1992. tions; wh road which are within municipa i es, or which are of (d) No bench, transit shelter, or waste disposal Depann'c curb end--gutter construction of 'side municipalities. receptacle,or advertising thereon,shall bo erected or so Citrus prc rnovi ad no supports are located vithin the rights-of placed on the right-ut-way of any rued which Conflicts .: 338.235 Contracts v. way with the requirements of federal law, regulations. or _ services r (h The department has the authority to direct safety standards,thereby causing the state or any poste `- ,+ 338.237 Municipal rem( at of any violation of parati iph (a) as provided cal subdivision the kiss of federal funds. Competition • rights-ot- here' among persons seeking to provide bench, transit shot- 338239 Traffic conn 1. The removal of a sign Iron i the right-nt-way of teror waste disposal receptacle services or advertising 338.241 Cash reser' , the i erstatc highway system, It : federal-aid primary on such benches,shelters.or receptacles may be re338244 Prohibition • fewhigh, ty system, the State 11191 r ray System, or thef publicize' State 'ark Road System shall be i 3CCordanCe with the tared,restricted.or denied by appropriate bca OW- prnyi Orly of chapter 479. ernnteniitl entity Consistent with � tree rxavisions of this tern. .action. 338.250 Centra(Fkor 2 It a sign or light is located c:• the right of way of ruarmhr.-•v.cu.2s965.cess-#1.a'-63-501.t s�,67-is1-=.23113 338.251. ldt Facistic lop c only road system in violation 3f paragraph(a),thc re 1iR1 z-1,0121.2,0,1:,,I.:d.7M1ej._0, ;?', 76-112.6 1,dr 6V-%'/6:g 19• dept ment shall direct the imnr 'sate removal of the "- 'S 2u,Oh 51D0mu Ui 338.t101 Florida Int frau. norma s�,.1;, sin light However,if the value 7f the sign or light is (1) The departmer, great i than$500 and the sign or I ght bears the name 337.408 Regulation of bus benches and transit posed Florida tntraste' 11f Il. uwnel o'of the person or 1 1 n the advertibertienl shelters within rights-of-way.- Any bus bench or frau- Shall delineate aStat'=. v1 wl :11 Si on the sign,such sig or light shall nut be .at shelter kn:aled on a sidewalk within the right-of-way facilities and controller:. vena .d until such owner. pest . or firm, as shown of any road on the State Highway System shall be provide a statewide tr. User( ri, Ease; received a 30-day r _lice as provided by located so as to leave at least 35 inches clearance Rs Ice high-speed and r char 1 479. pedestrians and persons in wheelchairs.Such cloaranea NINA tho gale.Inc l' (c) The deprrlmont may not r 14honze thc erection shall be measured in a direction perpendicular to the to provide such traffic of sii, is where such signs arc p :hibitod by the local centerline of the road. land is subordinate tO gove mental entity having jurisd lion. Illusory. •r1.a.6s 1t10 nest be prohibited or 101E1 CITY OF OCOEE MAYOR AND COMMISSIONERS CITY CLERK, JEAN GRAFTON PROPOSAL for BUS STOP BENCH ADVERTISING also included DESIGNS FOR NEWLY PROPOSED DIRECTIONAL ADVERTISNG S7, q ) ALL MINDS OF NOM ACT (407) 654-2345 BENCH MARK Bench Information BENEFITS 1. BENCH MARK will pay PERMIT FEE ($30 per year)for each bench. Which will bring the City an Est. $3000.00 per year. 2. Benches provided at NO COST 3. Maintenance provided at NO COST 4. Insurance provided at NO COST CONTROLS 1. City can order removal of any benches not placed in public interest. 2. City can order removal of any bench objected to by abutting property owner. 3. City can order removal of any bench it considers a hazard. 4. Only 1 bench may be at a bus stop or location. 5. No ads of an immoral nature will be allowed. 6. No ads of an alcoholic beverage will be allowed. OTHER INFORMATION CONSTRUTION-Reinforced concrete and wood...weighs several hundred pounds. SIZE-No more than: 43" high; 74" long; 28" wide...State standard. Bench back is standard 24"*72". AD SIZE-May only appear on the front OR rear surface of backrest area. That area restricted to 2 foot by 6 foot. LEGAL -Benches have been ruled a collateral transportation need and constitue a public need. In 1974 a State Bill was passed permitting convenience benches with advertising material on the State Right-Of-Way provided they were there with the written permission of the Political Sub-Division involved. 335:13 (3). PROPOSAL WHEREAS, THE CITY OF OCOEE, hereinasfter referred to as the "CITY", has determined that benches placed for the convenience and accommodation of the general traveling public provide a public service and fulfill a collateral public transportation need: and WHEREAS, the CITY OF OCOEE, is charged with a public interest and, accordingly, as a proprietary function, is desirous of having placed within its corporate limits, at transit stops and/or other points of pedestrian convenience, benches designed for the benefit of the public health and comfort in order that such benches may inure to the convenience of its citizens; and WHEREAS, BENCH MARK ADVERTISING/AAA SIGNS TO GO INC. , a corporation, hereinafter referred to as "BENCH MARK," is engaged in the business of manufacturing and placing benches upon which it leases advertising rights; NOW, THEREFORE, BENCH MARK ADVERTISING, does make the following proposal to THE CITY OF OCOEE, whereby the said desires of The City and of BENCH MARK can be followed: 1. BENCH MARK its successors and asigns, shall have the right , privilege and license, granted by CITY OF OCOEE, to , without cost to The City, place benches of a concrete and wood structure upon public space within the corporate limits of the city ( as now constituted or hereafter enlarged) at various transit stops and/or other points of pedestrian convience as hereinafter permitted. 2. For and in consideration of the grant of the above right, privileged and license Bench Mark shall, during the term of said grant and any extensions or renewals thereof, place and maintain benches within the corporate limits of the City and shall have the further right, privilege and license, granted by the City, to lease advertising space on said benches, provided that such advertising shall not be of an alcoholic beverage or of an immoral nature or be otherwise objectionable in the judgement of the City. The City, however, shall not be unreasonable in the exercise of this judgement. 3. The placement of benches as provided for herein shall be subject to review by the City so that no bench shall be permitted to obstruct passage along any public way or to create a hazard or otherwise be detrimental to the public safety, welfare, morals or health. 4. All benches placed within the corporate limits of the City, as provided for herein, shall be governed by the following criteria: a. No bench shall be more than 43 inches high nor shall be more than 74 inches long nor shall be more than 28 inches wide. b. No advertising affixed theron shall appear other than on the front or rear surface of the backrest area of the bench and shall not be greater than six(6) feet in length nor two (2) feet in height. c. Not more tha one(1)bench shall be permitted at a particular location without adequete reason shown. Should any bench fail to conform to the above criteria or should a property owner object to the presence of a bench abutting his property the the City may order the removal of such bench and, that failing, may remove same at the expense or Bench Mark. 5. Bench Mark shall maintain said benches in a good and substantial state of repair. 6. Bench Mark shall at all times maintain public liability insurance and shall provide the City with a Certificate of Insurance as evidence of same; the insurance be in the amount of $1,000,000.00 per occurrence to protect BENCH MARK from claims for damages of bodily injury, including wrongful death, or products liability, as well as for claims of property damages which may arise from any operation under this Contract, whether such operations be by BENCH MARK or by anyone directly employed by or contracting with BENCH MARK. 7.The City shall reserve the right to, upon notice to BENCH MARK, order the removal of any particular bench which the City in its good judgement believes not to be located to the public benefit. Provided, however, that this right shall not be abused by the City. Should Bench Mark fail to remove such bench then the may remove same at the expense of Bench Mark. 8. Its expressly understood and agreed, the benches shall remain the sole property of BENCH MARK and may be removed by BENCH MARK upon the expiration of the rights, priveleges and license granted herein or any extensions or renewals hereof. 9. It is understood and agreed that the rights, privileges and license granted to BENCH MARK by the City by the acceptance of this proposal shall remain in force and effect for a period of 20 years from the date of acceptance, and so long as BENCH MARK performs as set forth in the foregoing conditions, then such rights, privileges and license shall be automatically renewed for similar periods. 10. Should Bench Mark be found to be in default of any of the conditions herein, it shall be given notice in writing and a reasonable time to correct same. In the event the Bench Mark should fail to correct such default within a reasonable time after receipt of notice of same the may, at its option, terminate the rights, privileges and license created by the acceptance of this proposal. Should such termination duly occur then Bench Mark shall be allowed an additional six (6) month period to remove its benches. 11. Notice of any deficiency or default of Bench Mark shall be given by the City at the offices of Bench Mark. 12. A minimum of 10% of all advertisements sold by Bench Mark shall be for ads which �I1r+ Bench Mark reasonably deems to be of a public service nature. tiw 13. And the further conditions: Bench Mark/AAA Signs To Go Inc. President-Wayne Thompson Witness: Accepted by: of (iv Witness: L 0 . UI) V cw, C6 oe 44‘ Z MINN 111% ft00 E 3;2 MINE 0 -ea ,0•4" 0 a ..i., asmo . .....0 in 11211 Z • 0 CFIIn 0 C 4 41— let 0 U) .., el ION ,\,,.1•,•.,v!i,.,,.S,,,41.,„,4.";.:,.,:. 4 0 . P4 • * * * * * * .•. WIMP ac:' 1116.1 •'‘.';. `" -';'e 0 , - 0 e 0 8 l',.*:.'f:-:; :•,..',:' LO mi-• >0. .: : O -c.::, ."E> 0 ... • - - i ,,,-, 0 ',Xk4. o••:',. 8; c 0 0 '''-'3`.; ':`,.•,:- C ,.^% X't..... .',4 <,':.* >••• 0 „5.) 't17`:1 CI :,.....; 2 ..o ,....„— t-d 0 .:::;:,,..,:,:;,: i 0 .10 = c: CZ, 7_1 E =! 0, 0 R:.-,:f,,.:-,„ L, Z IM >0% III • an, ..... in emom 0 Ciih %I CIS Ccz; 0ce .I is im 1Pim 11. * * * * * * .. HQ'.'L, _.v c,:: (to ..oro cep ,...... X cp, ,.... 0 CD :(2) elomm -.; 0 , ,i - io c. :77.3 -.. IF 70: 0 mime 4, % ‘..; %.., V? zn, 401 -5 8 8 4.7 ad,.1; (i) C, 0 if) ,„,,...0 o 40 'P, "- .,) Il,, CL 0 Lr, -5 4:-.;,:,0 .2:-.), -1,-: SD "61: to) '54. ,-, 0 ir >- „... 01 '''.- 11-/' '''''' a) ,D, :17: ill,,,,; 01. 3 ..... ...:.... c.-2, io z= z......, .....,,, ', <— rcz. cn, co, v ilaiomme SANDBLASTED IEMD© OT C EDA FOQX X99 TA_CGCHESS .I°, NTE3 aft _10UN`J_V Q 499 K r PQ= l7E1 P0V if TCekL P(t11MTh OO ,, - o c i/ I fit/ MIn CRlinrij (..,, ''©©n l '' r''r, ,,,, j '`(��J�UIn) \`/1 Gj! Ind \�j OSIER a^L�JaEoc�H7 (E.50)(f-') iu ���(< -, ©©©0)• 7/ I c_ a O^S7G?C@GG`17 1),NK6.1,11,,ia,-,Yka'�.;wi.,::-a S.:dr::_ !��'-;lu z; SANDBLASTED REDWOOD or GATOR FOAM 2" THICKNESS PAINTED and MOUNTED A 4" x 6" PAINTED POST C TOTAL WIDTH 48" q,,, Ocoee rt 0 71:4* 1/444 OF 000g Hwy 50 and Clarke RD. Health Central fliccoll Subs OVER ALL W 0 Cinema HEIGHT Scattls Hardware Silver Star West Oaks moli Albertson's Winn-Dixie 00000 Homes 000000 Builders C ®COPYRIGHT 1995. BENCHMARK/AAA SIGNS TO GO,INC. V.2" qO gd D)© BOAM JJ = W_H L1 IL LIEU lJ EA_He Mi-131E LJ V E L ramiL nMco Ill 48" )7\,,, .........................."""" yi -1[0-o. 7 .................................... r 777T V77T7774.7.77177W7V777r 777' • lJ lJl 7 5© ©nd C_©ork,e no -FLU( C-1 !E Kc62-, ©] z \ no ©� © b O_. , 0 ,, , ,Th 1, _ z \I lice d0 J1 0-6 X00 Iti© /� (Acrid(.�n(� r __VW SCCT 1-----,. i r I BO Ock 77. _Ei\in i_,.- 0 0 .i-L-bcoUcDn o ,-.. �11- l t111 -DM4 L„ , 1,_. H <<�H© > 0 0l��r),( \, -„ , 1 (0©)000© .-[_'3 0 el(.,?,_, ,k ii-_,-,-,1 1 ! 1 iii►-i;. iv.• A P• •�P.•�••it � NIX, 7` i• •Jvvii v• / / %4 4►*•••.i • �1►.�••••.V►. ♦V4►••\ ►♦ • SSU 1/2" to 1' MDO BOARD - VINYL LETTERING WHITE LATTICE C TOTAL WIDTH - - - 48" OCON :. 7.N1 ' k� at=t►t:+G-'s wy 50 and Clarke RD. Health Central * Ikea Subs iB Florida Auto Auction Scotty's Hardware * OVER ALL HEIGHT 9' 10" Silver Star �► est Oaks moI 0 Albertson's •► Winn-Dixie iw 00000 Homes �► 000000 Builders$44* 40:444**410.4isrkv �► ValtattitAkt1Witst C COPYRIGHT 1995. BENCHMARK/AAA SIGNS TO GO,INC. LOOC C D ALUMINUM 0[18H BM WI PLEC[I-OQ00 © 2 PAH FACE NAM _ =i= VW.i ©ON ,nne :OeO. uarAL nMlmm so" d� �J JI ((40O ©Ing o D �O a�� Q_00� .� o 00. 0 M ©i filb©ol Su'c_)) _ FOoeg© ivM© 'f)\LU r_C)2 gl©©kft 0000 0©r@ ova O 0001; (4 947 00� 10c00 ind- , bOOOOO O Anir_=DItU 1._r 00000 O©Oc g _v II \\© WOOD D-\AL� �r1,1) \\ �_- �� °OOnu ° ou/°aG°aij A(c?,H �j'�� LIGHTED ALUMINUM SIGN BOX W/ PLEXI-GLASS or PAN FACES with TRANSLUCENT VINYL COPY and LOGO. Cie TOTAL WIDTH -- — 60" -- Ocoee „ ..;:.7 a.1 11.45 HWY 50 and Clarke RD. Health Central riccou Subs Florida4., Auto Auct1ir Scotty's Hardware t OVER ALL HEIGHT 9 4 Silver Star i• l ' est Caks *a1 0 AlbetsI. ns 0 innDixje 0 00000 Homes 1. :•000.04" Builders i ► C I I COPYRIGHT 1995. BENCHMARK/AAA SIGNS TO GO,INC. BE PROPOSAL-AGREEMENT WHEREAS, it is everywhere recognized that physical rest is essential to human well being as well as welcomed by all people , the CITY OF Oect-c-' f/r ,w,,v as the "City, " has determined that thePinainstallatifd ionnraannd presence of a public seating service within the corporate limits of the City would fulfill a collateral public transportation need and be of continuing benefit to the general traveling public , and to others , and WHEREAS, the City is charged with the public interest and, accordingly, as a proprietary function is desirous of having placed within its corporate limits , at transit stops and/or at other points of pedestrian convenience or necessity, benches designed for comfortable seating in order that such benches may inure to the convenience and enjoyment of those who use public transportation, and of others ; and WHEREAS, METROPOLITAN SYSTEMS , INC. , a corporation, hereinafter referred to as the "Service Company, " is engaged in the manufacture and installation of benches as an ordinary and desirable incident of city and county streets ; and WHEREAS, the /(,),:..:// and the hereinafter referred to as the "Clubs , " are desirous of sponsor- ing or co-sponsoring as a community project for the benefit and accommodation of the general traveling public , and of others, the placement of benches at transit stops and/or at other points of pedestrian convenience or necessity within the corporate limits of the City and, to that end, have en- tered into agreements with the Service Company. NOW, THEREFORE, in consideration of the premises , the Clubs and the Service Company join in making the follow- ing proposal to the City, whereby, upon the acceptance of such proposal by the City, the said desires of the City and of the Clubs can be realized: 1 . The Service Company, its successors and assigns , shall install and at all times hereunder shall continue to furnish benches , as hereinafter provided, upon public space within the corporate limits of the City (as now constituted or hereafter enlarged) in a quantity sufficient, in the judg- ment of the City reasonably exercised, to establish a public seating service within the City for the benefit of the gener- al traveling public as well as for the benefit of others . In order to fund such public seating service, the Service Company, its successors and assigns , shall have the right to lease display space on said benches , as hereinafter pro- vided for both public service and commercial messages . 2. Benches placed within the corporate limits of the City, as herein provided, shall be governed by and subject to the following general criteria: a. No bench shall be more than forty-three (43) inches high nor more than seventy-four (74) inches long nor more than twenty-eight (28) inches wide. b. Construction shall be of concrete and wood or of equivalent materials . BE c . Benches shall be placed at transit stops and/or at other points of pedestrian convenience or necessity and such placement shall be subject to review by the City so that no bench shall be permitted to cause a public sidewalk to be closed to pedestrian passage or to create a hazard or to otherwise be detrimental to the public safety. d. No bench, unless otherwise authorized, may be placed so that the angle of its long di- version in relation to the curb line shall be greater than thirty degrees (30° ) , and no bench, unless otherwise authorized, may be placed so that it is closer than eighteen (18) inches to the face of the curb. e. Not more than one (1) bench displaying a commercial message or intended for the dis- play of a commercial message shall be per- mitted at a particular location. f. Display space shall be restricted to the backrest area of the bench and shall not be greater than six (6) feet in length and two (2) feet in height. No commercial message displayed thereon shall appear other than on the front or rear surface of such backrest area . Should any message be deemed objection- able in the judgment of the City reasonably exercised, then, upon notice to the Service Company such message shall forthwith be re- moved by the Service Company. Should any bench fail to conform to the above gener- al criteria or should a property owner object to the presence of a bench abutting his property then the City may order the Service Company to remove such bench and, that failing, may remove same at the expense of the Service Company. 3. The City shall reserve the right to, upon notice to the Service Company, order the removal of any particular bench which the City, in its judgment reasonably exercised, believes not to be located to the public benefit. Should the Service Company fail to remove such bench then the City may remove same at the expense of the Service Company. 4 . At all times hereunder the benches which are the subject of this proposal shall remain the property of the Service Company and the Service Company shall maintain said benches in a good and substantial state of repair. At all times hereunder the land upon which the benches are placed shall not be in the legal possession or control of the Ser- vice Company but shall only be subject to the necessary in- stallation and maintenance of the benches . 5 . The Service Company shall at all times hereunder maintain public liability insurance and shall provide the City with a Certificate of Insurance as evidence of same; the insurance shall be in the minimum amount of One Hundred Thousand Dollars ($100 , 000 . 00) for individual injury and Five Hundred Thousand Dollars ($500 , 000 . 00) for more than one injury resulting from one accident and Fifty Thousand Dollars ($50 , 000 . 00) for property damage and if and when such minimum amounts become deficient, in the judgment of the City reasonably exercised, then such amounts shall be appropriately increased upon the written request of the City. Further, within the above stated insurance limits , the Service Company shall indemnify and save harmless the City from and against all claims , losses and expenses , including court - 2 - BE costs and reasonable attorney' s fees , arising out of or re- sulting from any wrongful or negligent act on the part of the Service Company in the installation and maintenance of benches hereunder. 6. It is intended that the program for the placement and continued maintenance of benches established by the accep- tance of this proposal by the City be quasi-commercial in nature ,. accordingly, such program shall be sponsored or co- sponsored by the Clubs , however, notwithstanding anything herein to the contrary, such sponsorship shall be the Clubs ' only right and obligation hereunder. The benches shall be referred to as the 'Clubs ' benches . " Should the Clubs at any time and for any reason be compelled to withdraw as spon- sors of the public seating service established by the accept- ance of this program by the City so as to leave no sponsoring organization for such program then the Service Company shall within a reasonable time thereafter join with another civic , service or charitable organization or organizations as spon- sor of such service and the City shall be notified of such sponsorship . 7 . Should the Service Company be found to be in default of any of the conditions herein, it shall be given notice in writing and a reasonable time , not to exceed thirty (30) days , to correct same . In the event that the Service Company should fail to correct such default within a reasonable time after receipt of notice of same the City may, at its option, terminate the rights and obligations created by the acceptance of this proposal upon the giving of ninety (90) days notice in writing to the Clubs and to the Service Company. Should such termination duly occur, or should the rights and obliga- tions to provide public seating as set forth herein cease • for any other reason, then the Service Company shall be allowed an additional six (6) month period to remove its benches . 8 . Where notice to the Service Company and/or to the Clubs is required or otherwise given pursuant to the agree- ment created by the acceptance of this proposal by the Cit it shall be in writing , sent by registered or certified mail , to the relevant principal office( s) with return receipt (s) requested. 9 . It is expressly understood and agreed that the rights and obligations created by the acceptance of this proposal by the City shall remain in full force and effect for a period of twelve ( 12) years from and after the date of such acceptance and, thereafter, so long as the Service Company performs as provided herein and so long as the Clubs , or either of them including successors , if an r the public seating service established herein, then, sandsin that event , such rights and obligations shall self-extend and renew for like periods without restriction upon the same terms , covenants and conditions . 10 . Should any one or more of the provisions hereof be found invalid or unenforceable by a court of competent jurisdiction then such provision or provisions shall be null and void and shall be deemed severed from the whole and such finding shall be without effect upon the remaining provisions which remaining provisions shall continue in full force and effect provided that the rights and obligations of the parties contained herein are not materially prejudiced and that the intentions of the parties continue to be effective. 11 . The agreement created by the acceptance of this proposal by the City supersedes all prior negotiations, under- standings , representations or agreements between the parties hereto, whether written or oral , with respect to the subject matter contained herein and with respect to the area intended hereunder. - 3 - BE 12 . It is understood and agreed that the agreement created by the acceptance of this proposal by the City shall take effect one hundred and twenty (120) days from and after the date of such acceptance and that time shall be of the essence of such agreement . It is further understood and agreed that the rights and obligations created by the accept- ance of this proposal by the City shall be exclusive and shall not be conditioned upon the City being served by a mass transit system. 13 . Should the City desire to have transit shelters installed at designated transit stops within its corporate limits which shelters are to be funded by the display of commercial messages , the Clubs , together with the Service Company , shall have the right of first refusal for the in- stallation and operation of such shelters together with the display space thereon. 14 . And the further conditions : IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective corporate names by the persons duly authorized to sign in their behalf. SIGNED , SEALED AND DELIVERED IN THE PRESENCE OF: /VC. s F,�,�1 ill• C .%�� (7/ J. CLUB BYT (VS )\ �,.�(?L. (SEAL) ATTES .(,�/ i L64g . --"SecretaryPresider�f} CLUB ATTEST: By (SEAL) President Secretary METROPOLITAN YSTEMS, INC. Y << •( EAL) ATTEST: ,ca,) ,i(�„ / el‹, ice President S cretary CITY OF C(.70 G e. /.,6 A /1)r3 ABy (SEAL) ATTEST: Mayor City Clerk Date of Acceptance by City of ()Oct i./ �',�'� ,,•,,),j Approved as to form and legal sufficiency: City Attorney - 4 - • bib• 16--t1)L. ekq U - AGENDA 2-20-96 Item V B RESPONSE TO THE OBJECTIONS, RECOMMENDATIONS, AND COMMENTS (ORC) REPORT February 15, 1996 Submitted to: The Department of Community Affairs Prepared by: Abra Elise Home, Senior Planner City of Ocoee Planning Department Contact: Russell B. Wagner, AICP, Director of Planning 150 North Lakeshore Drive Ocoee, Florida 34761 (407) 656-2322, extension 132 FAX (407) 656-8504 TABLE OF CONTENTS CHAPTER 1: CITY OF OCOEE ORC RESPONSE REGARDING COMPREHENSIVE PLAN AMENDMENT 95-1 1 Introduction: 1 A. Objection #1 (DCA): 2 1. Recommendation #1 a (DCA): 2 Response#la (Ocoee). 2 Table A: The Reserve Planning Area (1991) 3 Future Land Use Element 4 Traffic Circulation Element: 8 Table B: Traffic Analysis Zones Used in the 1991 Model 8 Housing Element: 11 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Cre Aquifer Recharge Element: 13 Sanitary Sewer Sub-element: 13 Table C: City of Ocoee Service Area Population, Connections and Flow Rate Projections 14 Solid Waste Sub-element: 16 Drainage Sub-element: 16 Potable Water Sub-element: 17 Table D: City of Ocoee Service Area Population and Water Demand Projections 17 Conservation Element: 18 Recreation and Open Space Element 20 Intergovernmental Coordination Element: 21 2. Recommendation #1b (DCA): 27 Response#1 b (Ocoee). 27 iii 3. Recommendation #1c (DCA): 28 Response#1c (Ocoee). 28 CPA-95-1-2.11: 29 CPA-95-1-2.12: 30 CPA-95-1-2.13: 31 CPA-95-1-2.14: 32 CPA-95-1-2.16: 33 CPA-95-1-2.23: 34 CPA-95-1-2.24: 35 CPA-95-1-2.25: 36 B. Objection #2 (DCA): 37 1. Recommendation #2a (DCA): 37 Response#2a (Ocoee). 37 2. Recommendation #2b (DCA): 37 Response #2b (Ocoee): 37 C. Objection #3 (DCA): 38 Response#3 (Ocoee). 38 1. Recommendation #3b (DCA): 38 Response#3b (Ocoee). 38 Comments (DCA): 39 D. Objection #4 (DCA): 39 1. Recommendation #4 (DCA): 39 Response#4 (Ocoee). 39 E. Objection #5 (DCA): 40 1. Recommendation #5 (DCA): 40 Response #5 (Ocoee). 40 L iv c. c. kw' CITY OF OCOEE RESPONSE TO THE DCA ORC REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT CPA-95-1 The purpose of this report is to respond to the Department of Community Affairs Objections, Recommendations, and Comments(ORC) Report. On July 14, 1995, the City of Ocoee transmitted its first nonexempt submittal package for 1995. The package contained the Comprehensive Plan Amendments (after this "the Amendments") numbered CPA-95-1-1.01 through CPA-95-1-1.13, CPA-95-1-2.01 through CPA-95-1-2.28, and Annexations 1-26. These Amendments are summarized in Tables A, B, and C, respectively. The City of Ocoee proposes to amend the Future Land Use Map(FLUM), Future Land Use Element(FLUE), and the Intergovernmental Coordination Element (ICE) to be consistent with the Ocoee-Orange County Joint Planning Area Agreement (JPAA). In addition, the Amendments propose to revise the FLUM and amend the FLUE to correct Scrivener's Errors. Introduction: On September 25, 1995, the City of Ocoee received an ORC Report that outlined five objections to the proposed Amendments. We summarized the objections here for organizational purposes but the complete ORC Report is attached. The first objection was that data and analysis did not support the FLUM Amendments. Objection two stated that the Department of Community Affairs (DCA) found the Text Amendments regarding the JPAA to be inconsistent with the requirements of Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In the third objection, the DCA suggested that certain FLUM Amendments would require additional data and analysis. DCA also objected to the proposed Amendments because they were inconsistent with certain goals and policies of the East Central Florida Regional Policy Plan (ECFRPP). Last, the DCA stated that the proposed Amendments were not consistent with certain State Comprehensive Plan goals and policies. The purpose of this document is to respond to the five objections so that the Ocoee City Commission can adopt the Amendment Package. L 1 2 A. Objection #1 (DCA): Data and analysis do not support the proposed FLUM Amendments. Specifically, Comprehensive Plan Amendments CPA-95-1-1.01 through CPA-95-1-1.13; CPA-95-1-2.11 through CPA-95-1-2.14, CPA-95-1-2.16, CPA-95-1-2.23 through CPA-95-1-2.25; and Annexations 1-26 do not meet the requirements of state law for Comprehensive Plan Amendments. 1. Recommendation#la (DCA): Clearly explain how the original plan's data and analysis addressed all land within the JPA, including areas that have been annexed. Provide, at a minimum, a summary of the data and analysis showing how the Plan addressed unincorporated properties, and how the data and analysis support these Amendments. Absent that, do a complete evaluation of each Amendment including data and analysis that comply with DCA rules. Response#la (Ocoee): As discussed on September 14, 1995, the City of Ocoee's original Comprehensive Plan evaluated future growth based upon population projections and a reasonable pattern of annexation. The City defined a reasonable pattern of annexation as the City's ability, over time, to provide a full range of urban services to the entire Reserve Planning Area (RPA). City Staff created a land use model based upon: (1) permitted uses, (2) existing land uses, (3) approved development orders, and (4) projected future urban land uses for unincorporated areas. The model was then used to determine whether the City could meet the minimum data and analysis criteria as outlined in Chapter 163, Part II (Florida Statutes). After the City determined that it could provide a full range of services to all areas within the RPA, staff used the same land use data to create the FLUM and FLUE. On August 29, 1991, DCA made a determination that the City met the minimum criteria for future land use elements as established in Rule 9J-5 (Florida Administrative Code)and Chapter 163, Part II (Florida Statutes).Accordingly, the City adopted Ordinance#91-28 on September 18, 1991, and it included both the original Comprehensive Plan and its data and analysis. The DCA now questions whether the City adequately planned for the Reserve Planning Area (RPA) in the original Plan and asks how that analysis correlates to the new Joint Planning Area (JPA). As delineated on Map 1 (attached), the proposed JPA boundary is nearly coterminous with the prior RPA Boundary. Staff measured both areas and the RPA is 11,883.31 acres and the JPA is 12,352 acres in size. The difference between these areas is 468.69 acres or 3.8%which is statistically insignificant for this type of land use model. Although there are areas where the RPA is slightly smaller than the JPA, this size difference can be accounted for because the land use model was over-designed in the following ways: 3 * The areas where the JPA is larger were either developed in Orange County in 1990 or outside of the City's Utility Service Area (see Map 2). * The land use model's public facilities impact analysis included developed areas and evaluated them as though they were vacant. This methodology double-counted the impact of developed areas, since the model's background data captured the existing impact of developed areas. * The land use model's public facilities impact analysis also evaluated unincorporated areas, including the water and sewer impacts of properties located outside of the City's Utility Service Area. It is unlikely that these areas would ever be annexed and, if annexed, these properties would get water and sewer service from the County. Accordingly, this methodology led to another form of double-counting. Based upon the above discussion,the City's RPA land use model was overly conservative and it is statistically equivalent to a comparable model for the JPA. City staff recreated the original land use model to find out whether the calculations included the appropriate acreage for each category. Although some cities used an existing land use map to create their models, Ocoee's original model was based upon: (1) the 1989 Zoning Map, (2) the size of the zoning districts, (3) any approved development orders, and (4) projected future urban land uses for unincorporated areas (Refer to the first draft of the 1991 Ocoee Comprehensive Plan. In the draft, the 1989 zoning map was submitted as an existing land use map. The existing land use map in the adopted Plan was created to comply with DCA's request for a revised map.). From three data sources, we created a table of projected land use acreage below. Table A: The Reserve Planning Area (1991) Low Density Residential (< 4 du/acre) 3,200.0 Medium Density Residential (4-8 du/acre) and High Density Residential (8-16 du/acre) 205.0 Professional Service (Office) &Commercial 1,290.0 Light Industrial & Heavy Industrial 500.0 Conservation/Wetland 1,000.0 Recreational/ Open Space 600.0 Planned Unit Development 1,100.0 Public Facilities & Institutional 400.0 Historic 5.0 Rights-of-way 3,600.0 Vacant 0.0 Total Acreage in the RPA (1991) 11,900.0 Source: City of Ocoee Comprehensive Plan Archive Files (1991). 4 As demonstrated by comparing Table A (above) to Table 8 in the FLUE, the City's 2010 future land use needs are roughly equivalent to the future land uses acreage used to evaluate the RPA. The difference between the two tables is an acceptable margin of error for this size area. Based upon the above analysis, the requirements of Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, were met when the City planned for the RPA which is statistically equivalent to a model for the JPA. Further, each of the Elements of the original Plan makes repeated references to the "projected needs," "2010 population," or"planning area." These statements provide supplementary evidence that throughout the planning process as well as in the land use model, the City of Ocoee adequately planned for the projected City Limits, including areas which have subsequently been annexed. The DCA also questioned the need for additional land in the proposed categories, in order to accommodate the projected population, relative to the undeveloped land in the City. The need for additional land in the proposed categories was justified in the original Plan based on a needs assessment of the future population and future land uses of the City. In fact, the projected demand for land in all of the land use categories exceeded the acreage in the City when the Plan was adopted and found L, to be in compliance. A comparison of Tables 5A, 7, and 8 of the FLUE reveals the following data (only two examples are used): * There were 5,527 acres in the City in 1990 (excluding right-of-way). * Of that area, there were 1,190 acres of developed residential land and 1,224 acres of vacant residential land for a total of 2,414 acres. * The projected demand for residential property in 1995 was 2,567 acres which would result in a 153 acre shortage without any annexations. * Of the 1990 total land area, there were 324 acres of developed commercial and professional property and 588 acres of vacant land in these categories for a total of 864 acres. * The projected 1995 demand for commercial and professional land was 912 acres which results in a shortfall of 48 acres, if no annexations occurred. * The above analysis is based on the population projections used in the Comprehensive Plan and the current copulation of the City exceeds the estimates used in the adopted FLUE (The Bureau of Economic and Business Research preliminary estimate of Ocoee's April 1995 population was 18,578 or 464 more than the 1995 population projection used in the FLUE). • It should be noted that each of the land use categories had deficits in the planning period but the Conservation land use category did not demonstrate a shortage until 2005. The 2010 projected population build-out scenario involved more acreage than was incorporated in 1990. The vacant land use category reaches zero at the end of 5 the planning period which further illustrates that the full build-out of the RPA was planned for by City staff. The adopted Comprehensive Plan did evaluate the development impact of undeveloped, unincorporated parcels;therefore,the annexed properties are not additional land because they were analyzed from the outset of the planning process. Other concerns that the DCA stated regarding the proposed amendments include the following issues: * The suitability of each site for the proposed FLUM designations were not evaluated based on compatibility, character, and magnitude of the existing vacant land, natural and historic resources, the surrounding existing and future land uses and consistency with the Plan. * An analysis of the availability of public facilities, including transportation, sanitary sewer, potable water, parks & recreation, and solid waste was not done. * No analysis of public facilities based on the design capacity, current demand, and level of service for the entire RPA was completed in the adopted Plan. As stated above, the land use model was based upon: (1) projected future urban land uses for unincorporated areas; (2) approved development; and (3) the existing zoning and development patterns. Existing land use patterns were evaluated to determine the suitability of both incorporated and unincorporated land for the various FLUM designations. The FLU designations were evaluated based on: (1) site development potential; (2) surrounding land use compatibility; (3) natural and man- made development constraints; and (4) consistency with the Plan. The City's land use model anticipated the impact of projected development, including all lands within the RPA based upon their existing use, zoning, or FLU designation. This analysis was conducted when the original Plan was developed as demonstrated by the following citations from the various elements. Throughout each of the required elements of the adopted Comprehensive Plan, there are repeated references to the "future land use designations","Planning period", or"projected population demands". In the Potable Water Sub-element, the City projected a 2010 demand for water of 2.2 MGD. With the new potable water facilities on-line, the current capacity exceeds the anticipated 2010 demand. The new water capacity of 3.2 MGD has resulted in an excess capacity of 1 MGD well before the end of the Planning period. The Traffic Circulation Element best illustrates how the City of Ocoee loaded the models in order to evaluate the projected impact associated with unincorporated areas that would be needed to meet the needs of the projected population. Last, if the City's population projections were accepted and there was a"no annexation assumption,"then by 2010 the City would have to permit 6 a density exceeding 16 dwelling units per acre for each acre of vacant residential land left in 1990. Since this assumption is invalid, the more reasonable conclusion is that the land use model used in each of the elements did use relevant and appropriate data in the analysis of the entire RPA because the City anticipated annexations within the planning area. Following, the City has highlighted the pertinent sections of the adopted Comprehensive Plan to further illustrate how the Plan evaluated the impact of the entire RPA, including those areas that the City has subsequently annexed. The relevant citations from the original compliant Plan are listed below, according to the Element and page number. C C 7 Future Land Use Element The FLUE begins by stating that it "is the keystone of the Comprehensive Plan ... (which) sets forth the physical plan for future development of the City." The Plan goes on to say that the ELUM describes the current location and distribution of uses, whereas the FLUM indicates the proposed location and distribution of land uses through the year 2010. The Ocoee Comprehensive Plan and each of the Elements were based upon the land use model discussed above and analyzed the projected development impacts associated with physical growth, population growth, and additional land area. The projected 2010 population could not have been accommodated at a permissible density on the undeveloped residential parcels shown on the FLUM and discussed in the FLUE. Accordingly, throughout the FLUE there are references to either the "study area" or "planning area" (The terms are interchangeable). Examples of these references follow below and the pertinent text is underlined. I. A. ...The Future Land Use Map (Figure 2 in Appendix A) will be the guiding force behind all land use decisions made from this point forward and is the focus of the Comprehensive Plan. It indicates the proposed location and distribution of land (Ire uses through the year 2010. (Page 2, FLUE) D. ...The City consists of approximately 12.5 square miles. ...Since 1987, the City has grown from 3,250 acres to 5,527 acres in 1990 (excluding rights-of-way). (Page 3, FLUE) E. ...The future population for the City was projected using the mathematical extrapolation and the ratio models. Allowing for a gradual slowdown of the growth rate as the City reaches build-out, the average of the two methods was used as the population projections for the City through the year 2010. (Page 4, FLUE) II. A. Table 5(Existing Land Uses)...Figure 1 illustrates the existing land use in the City. Generalized land use for lands adjacent to the City are also included. (Page 8, FLUE) 7. ...There are approximately 3,013.5 acres of undeveloped land within the City...Of the 3,013.5 acres of vacant land within the City, only 125.9 acres have not been classified...Where residential land use is concerned, of the 1,251.7 acres slated for residential development, 1,005.8 are already committed through plans filed with the Planning Department of the City. (Page 11, FLUE) B. 4. ...Flooding due to rainfall in the principal lakes results from prolonged heavy rainfall over the study area with high antecedent lake stages. ...The 8 majority of the City lies within the Wekiva River Basin with the western portions of the City in the Lake Apopka Basin and the extreme southern portion of the City in the Cypress Creek Basin. (Page 13, FLUE) In fact, the extreme southern portion of the City referenced above is outside of the 1990 City limits. D. 2. ...There are 13 lakes within the City that have been analyzed for non-point source pollution by the Non-Point Source Management section of the Department of Environmental Regulation in coordination with the St. John River Water Management District and the City. (Page 16, FLUE) Two of the thirteen lakes are not in the City, but in the RPA (Lake Rhea and Lake Whitney). III. A. 3. ...To provide orderly growth patterns and adequate provision of services,the City of Ocoee and Orange County have developed a Reserve Planning Area Agreement. This agreement sets specific boundaries of the expansion area of the City(see Figure 11). All land use changes and annexations that occur within this area are reviewed with the County. Likewise, if any requests come to the County, City staff are consulted to ensure thorough coordination and compatibility...In addition, the provision of services is guaranteed. (Page 19, FLUE) B. ...The Future Land Use Map (Figure 2), which is provided herein, indicates the projected future land uses within the City's Reserve Planning Area. (Page 19- FLUE) C. 1. ...Land use categories are designated for existing and future land uses in the planning area. (Page 20, FLUE) E. 2. ...Housing projections used in the Housing Element of this Comprehensive Plan were developed using the projected acreages of low/medium and high density uses. calculating the density averages(low/medium at 4.2 units per acre and high density at 12.6 units per acre), and using the percentages of Single Family and Multi Family existing in 1990. ...To project the acreages of each category through the year 2010, we assume that, due to market conditions, and the price of single family units, multi-family or high density residential uses will increase,while low and medium density or single family uses will decrease. Based on land use projections and the average densities and related carrying capacities. by 2010. multi family dwelling will comprise 15.0 percent of the total number of dwelling units and single family will be 85.0 percent. (Pages 22 &23, FLUE) 9 4. ..The level of service for recreation and open space is 25 acres per 1,000 resident. Table 12 identifies the number of acres needed to adequately serve the future population of the City. (Page 25, FLUE) F. ...The intent of the legislature in passing the concurrency requirement, found in Chapter 163, Florida Statutes, is to ensure adequate and effective provision of services and facilities to facilitate projected growth. (Page 26, FLUE) 1. ..The future road needs of Ocoee through the year 2005 were developed using the Future Land Use Map, system performance standards. and public involvement... Thereafter, this model was run with year 2005 land uses to produce year 2005 traffic volumes...Figure 6 in the Traffic Circulation Element identifies the programmed improvements in the Ocoee area. ...Clarke Road will become a major four laned arterial roadway within the City and as such, the Clarke Road corridor will be the focus of growth within the community throughout the planning period. (Page 26, FLUE) 2. ... Table 1-3 of the Sanitary Sewer Sub-element of the Infrastructure Element details the City of Ocoee's service area population and sewage flow rate projections up to the year 2010. ...Table 1-4 in the above referenced Sub-element details the proposed twenty year facility construction schedule. tire (Page 27, FLUE) 3. ..The recycling programs designed to reduce the volume of solid waste • accepted at the landfill will effectively increase the life expectancy of the County landfill through the year 2010. (Page 28, FLUE) 4. ...Water facilities should be designed to provide the projected population's needed supply. ...The projections for water use was based on population projections and the City's service area boundary through the year 2010. These projections are based on the City's anticipation to deliver water capacity to all new developments within the planning area. (Page 29, FLUE) 5. ...Future recreation needs were projected for the years 1991, 1995. 2000, 2005 and 2010 using the City's levels of service standards and the projected population of Ocoee in each of those years. (Page 30, FLUE) As demonstrated above, the City of Ocoee's adopted FLUE evaluated the projected impacts associated with the entire JPA based upon the future land uses shown on the FLUM for areas both inside and outside of the City limits. In 1991, DCA determined that the Plan complied with Chapter 163, Florida Statutes, and Rule 9J- 5, Florida Administrative Code despite objections regarding this extraterritorial analysis. 10 Traffic Circulation Element The Traffic Circulation Element(TCE) also evaluated the projected land use impacts of the entire RPA, including those areas which have been annexed.The traffic model was based upon the FLUE land use model discussed earlier, except that it examined a rectangular area which was larger than the RPA or JPA. The City created a TCE traffic model which exceeded the RPA in order to comply with the relevant and appropriate data provisions of Chapter 163 and Rule 9J-5. This model includes Traffic Analysis Zones (TAZ's) that are merely tangent to the RPA and JPA so that a systems-based model could be run for projected traffic volumes. The TCE traffic model used ECFRPC existing data and projections for population and employment. Staff checked the TCE map and population figures against the ECFRPC data and determined that the model used the entire population of each of the appropriate TAZ's. This comparison further confirms that the City evaluated the impact of the entire unincorporated JPA in the original Comprehensive Plan and more. Table B below illustrates this point. C C 11 Table B: Traffic Analysis Zones Used in the 1991 Model TAZ 1985 2005 Percentage Population Population of TAZ area in JPA 216 582 1558 0.0% 221 2332 2601 20.0% 222 1258 1650 25.0% 251 1726 1802 2.00% 254 142 347 1.00% 255 463 794 20.00% 256 1096 1993 100.00% 257 470 1410 0.0% 258 588 1684 12.00% 262 172 520 0.0% 263 133 4122 100.00% 264 183 1128 100.00% 265 919 1203 100.00% 266 725 1421 100.00% 267 96 401 100.00% 268 614 1089 100.00% 269 1087 1287 85.00% 270 2549 3061 100.00% 271 3398 3526 100.00% 272 1226 3204 80.00% 273 915 5659 100.00% 301 1083 2772 0.0% 302 1306 4762 0.0% 654 984 1695 45.00% 655 858 3803 35.00% Totals: 26890 55497 55.8% Source: Table 13 (TCE), Figure 7 (TCE), Figure 11 (CPA-95- 1), and Section 2 (ECFRPC-Orange County Statistical Data 1980-2005). C • (6, 12 In addition to the greater geographic area for the traffic model, the text of the TCE makes repeated references to the inclusion in the traffic analysis of projected future land uses in the planning area; examples follow below and the pertinent sections are underlined: I. ...Pursuant to Chapter 163, Florida Statutes, and Chapter 9J-5 Florida Administrative Code (FAC), the aim of the Traffic Circulation Element is to provide guidance in developing a transportation system which will adequately serve the travel needs of the area through the first decade of the twenty first century. ...The basis for planning Ocoee's traffic circulation system is the City's Future Land Use Element. The forecast of future land uses and locations of developments directs which existing roads need improvements and where new roads will be needed. ...The goal is to insure that as the community grows. the transportation system will change to meet the new travel demands and will still be consistent with the goals and objectives of the community. (Page 1, TCE). ..This element includes: (1) an introduction; (2) an inventory of the existing traffic circulation system, including the existing traffic circulation map; (3) an analysis of existing roadway deficiencies within the traffic circulation system; (4) an analysis of (w. projected needs; (5) schedule for roadway projects; and (6) a listing of goals, objectives, and policies. (Page 2, TCE) II. ...The Traffic Circulation Element was developed based on a study area larger than the current and foreseen corporate limits of the City. This study area is bound by: o Roberson and Moore Road to the south; o Good Homes and ApopkaNineland Road to the east; o McCormick Road to the north; o Ocoee-Apopka, East Crown Point and Windermere Roads to the West(Figure 1). (Page 1, TCE) III. A. ...This model could then be used to model future traffic flow given future land uses. (Page 2, TCE) B. ...The roads within the Study Area were placed in four classes. (Page 4, TCE) IV. ...The future road needs of Ocoee through the year 2005 were developed using the approved Future Land Use Element, system performance standards. and public involvement. (Page 16, TCE) A. ...Table 4 contains the results of the capacity analysis for the eight signal controlled intersections within the study area. (Page 16, TCE) 13 �r Table 9 ...Thereafter, this model was ran with year 2005 projected land uses to produce year 2005 traffic. With these future traffic volumes, the adequacy of the proposed road circulation element was evaluated against service standards and the Goals and Objectives. (Page 23, TCE) IV. C. ...Four planning variables(population, employment, median income and dwelling units)were used for the study area (Table 12). This data for the 1985 base year and 2005 horizon year came from the 1980-2005 Orange County Statistical Data published by the East Central Florida Regional Planning Council, and the City of Ocoee's Future Land Use Element. (Page 23, TCE) E. ...The principle resource for housing unit projections was the Future Land Use Element. (Page 28, TCE) F. ...For the purpose of traffic modeling, employment data is noted by retail and non- retail only (Tables 13 and 14). The standardized Institute of Transportation Engineers(ITE)Trip Generation Handbook(1987) ratios between land use and employment were determined for those land uses illustrated on the Future Land Use Map. After ratios were applied for each of the land use types, trip ends were determined and categorized for retail and non-retail employment. (Page 28,TCE) ,, G. ...During the first phase, a network was developed which describes the existing roads in the study area. The Ocoee study area was divided into 28 traffic zones (Figure 7). (Page 28, TCE) ...A network was developed which describes the existing roads in the study area. (Page 32, TCE) V. A. ...The projected total cost to the City and developers in 1988 dollars of implementing the recommended improvements over a 20 year period is approximately $25,090,000. (Page 34, TCE) C. ...The proposed land use acreages. Table 8 in the Future Land Element. were used to project revenues. (Page 38, TCE) (60 14 Housing Element The FLUE and TCE are not the only elements of the adopted Comprehensive Plan which evaluated the full range of projected RPA impacts generated. The data and analysis used in the Housing Element was also based upon the FLUE land use model. For example, Figure 16 is a "Generalized Location Map for Substandard Units" and it depicts a substandard housing area along Clarcona-Ocoee Road. This neighborhood is outside of the City limits and inside of the planning area. The Housing Element projected affordable housing needs based upon the entire RPA, rather than limiting the analysis to the City Limits. The text of the Housing Element makes repeated references to the planning area and the projected population needs; underlined examples follow below: I. B. ...The purpose of the Housing Element is to assess the housing needs for various income groups to the year 2010 for the area and to develop public policy guidance that emphasizes the importance of the private sector in addressing these needs. (Page 3, HE) C. ...The population projections used in this Element are those developed by the City of Ocoee in its report entitled Population Projections for the City of Ocoee, 1990 -2010. (Page 4, HE) ...Figure 5 is a location map of the area involved in this Element(All figures will be shown in Appendix A). (Page 5, HE) II. A. 6. a. ...Figure 16 in Appendix A identifies the general location within the City where substandard conditions have been found and where additional substandard structures may exist. (Page 10, HE) Again,the location map referenced above depicts areas which are outside of the City Limits but inside of the planning area. III. ...This portion of the Element will analyze the housing needs for the anticipated future population. (Page 16, HE) A. ...The demands for households is cumulative. That is, it represents the total number of households that will be necessary to accommodate the projected population. The persons per household factor will experience a gradual decline through the year 2000 and should then become more constant. (Page 17, HE) 15 B. ...The proiected population age ranges for the year 2010 were developed by City staff. The projections were based on the assumption that the trend of older households without children would eventually be replaced by a trend towards young families with small children. (Page 18, HE) F. ...Household income also affects the type and size of housing that will be necessary to accommodate future population. (Page 20, HE) I. ...In order to refine these data, it was assumed that the 1980 renter-owner split by structure type would remain constant through the year 2010. These structure type splits are applied to the projected households in Table 23 to estimate the number of new households by type and tenure. The data presented in Table 24 is cumulative. (Page 29, HE) ...These data show than an additional 9.586 single family detached houses will be needed between 1980 and 2010 for owner occupants within the City. An estimated 2.249 single family detached dwelling units for rental occupants will also be needed. (Page 29, HE) All of these single family detached units would need to be located on 1,224 acres of vacant land designated for residential uses if no annexations occurred during the planning period. The resulting density would be 9.9 dwelling units per acre which is atypical for single family residential areas in the City of Ocoee and certainly is not reflected in the adopted FLUM. III. J. ...Currently there are approximately 22 developments proposed within the City. (Page 30, HE) ...When the developments listed above are added to the housing stock currently available in the City, there will be 9,176 single family and 1,561 multi-family dwelling units totaling 10,737 dwelling units that will be available in the City within the next ten years. (Page 31, HE) These citations demonstrate that City staff evaluated the projected land use impacts using not only the zoning map but also approved development orders. K. ...Based on the analysis, providing affordable housing to the current and future residents of the City will not be an issue. (Page 31, HE) L. ...Provision for adequate infrastructure for the anticipated growth is a concern for the City. The City has recently developed construction schedules for water and wastewater treatment facilities and equipment. With the addition of those items (kw identified in the schedules, the City will have the capacity to serve its anticipated growth throughout the planning period (See draft Infrastructure Element, May 1989). ...Traffic improvements necessary to provide adequate capacity for 16 future traffic demands have been identified in the draft Traffic Circulation Element, (November, 1988) for the City. The improvements noted will more than adequately serve the future residents of the City. (Page 31, HE) M. ...Housing projections made in subsequent sections of this Element were developed using the projected acreages of low/medium and high density uses, calculating the density average(low/medium at 4.2 units per acre and high density at 12.6 units per acre), and using the percentage of single family and multi-family existing in 1990. (Page 31, HE) L 17 Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element The Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element will be called "the Infrastructure Element" for the purposes of this response. Not unlike,the FLUE, TCE, and Housing Element, the Infrastructure Element covered a planning period through the year 2010 which anticipated the projected build-out scenario including annexations within the planning area. The projected demand for infrastructure in each Sub-element was forecasted using the FLUE land use model. Accordingly, the DCA found the Infrastructure Element to be in compliance with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The repeated references to the planning area and 2010 population demands further establishes that each of the following sub- elements was based upon the RPA needs assessment. I. Included in each sub-element is an inventory of existing facilities, needs assessments, conclusion, goals, objectives and policies. In addition, the element utilized the last available data and was prepared in accordance with Chapter 9J-5, Florida Admini- strative Code (FAC.), "Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance." The element covers a planning period up to the year 2010. (Page 1) Sanitary Sewer Sub-element: I. A. The City of Ocoee will continue to provide economical treatment of wastewater and effluent disposal to meet the needs of all existing and future customers. This sub-element contains an inventory of the existing sewer collection/transmission system, wastewater treatment plants'capacities, and effluent disposal facilities, along with determining existing and projected wastewater demands, assess the existing facilities with respect to the existing needs, future needs, and regulatory requirements, and determine the deficiencies of the wastewater system for meeting current and future wastewater demand and regulatory agency requirements. Where deficiencies exist, the sub-element provides a plan for improvements of existing facilities and construction of new facilities. Goals, objectives and policies are included to enable the City to provide sufficient collection treatment and disposal for the City's growing demands. (Page 1, SSSE) II. A. ..Figure 17, in Appendix A, shows the existing service area of the City of Ocoee's wastewater treatment facilities and the extent of the City's reserve planning area boundary. ... With the anticipated rapid growth for the City of Ocoee in the next 18 twenty years, an estimated 7,780 additional connections will connect to these existing and future treatment facilities. (Page 3, SSSE) C. The estimated life of this facility is approximately 25 years. It is estimated that this plant will be taken off line within this planning period. ... Future wastewater treatment facilities consisting of an additional treatment plant, filtration and sludge maintenance are planned to be constructed at the A.D. Mims plant site within this twenty year planning period. These proposed facilities are scheduled to be constructed and operational in order to serve the projected twenty year building schedule. (Page 4, SSSE) D. The total effluent disposal capacity which will be required by the City of Ocoee in the year 2010 will be provided by these existing and future sites. ... The City owns 40-acre and 160-acre tracts of land which are for future effluent disposal capacity. In addition, future effluent disposal capacity is available at the A.D. Mims WWTP site. Both rapid rate(percolation ponds) and slow rate (spray irrigation) effluent disposal methods will be utilized on these sites. The total effluent disposal capacity which will be required by the City of Ocoee in the year 2010 will be provided by these existing and future sites. (Page 5, SSSE) III. Table 3 details the City of Ocoee's service area population and sewage flow rate projections up to year 2010. This projection is based on the City's requirement that all new developments connect to the wastewater system if at all practical. ... The City will have sufficient capacity upon completion of the on-going construction to provide service to 5000 new connections and is preparing engineering design to meet sewer needs to the year 2010. The LOS standard is 270 gallons per ERC. It should be noted that approximately 400.000 gallons of excess capacity is projected for the year 2010. This capacity is available and sufficient to furnish sewer capacity to any areas where septic tanks may fail due to poor soil conditions. (Page 9, SSSE) IV. ...The City is improving and expanding wastewater facilities to provide capacity to all future urban developments. The City's wastewater treatment facilities shall be expanded to provide 2.0 MGD by the year 2000. In addition, the City's facilities will be expanded to provide 3.0 MGD by the year 2010. This shall provide sufficient treatment capacity for the population projections for the year 2000. (Page 11, SSSE) Actually, the expansion of the wastewater facility is complete and the City now has an available capacity of 3.2 MGD. The available capacity now exceeds projected demand for the entire planning period. GOAL 1 IT IS THE CITY OF OCOEE'S GOAL TO PROVIDE AN EFFICIENT AND ADEQUATE LEVEL OF WASTEWATER SERVICE AND FACILITIES IN AN ECONOMICAL MANNER FOR EXISTING AND FUTURE DEVELOPMENT. 19 Objective 1.2 The City of Ocoee shall plan for the expansion or increase in capacity of central wastewater facilities to meet future needs. (Page 11, SSSE) Policy 1.2.2 Expansion of central wastewater facilities shall be based on the demands of proiected development in accordance with the adopted level of service standards (270 MGD per equivalent residential unit) the future land use projected in the Future Land Use Element. (Page 11, SSSE) Policy 1.4.1 Wastewater facility plans and programs shall be designed and coordinated in a manner which will support the Urban Service Area growth management concept, avoiding urban sprawl. (Page 14, SSSE) Policy 1.4.2 Future growth at urban densities or intensities will be encouraged to locate in areas which have existing or planned wastewater capacity. Throughout the planning period, the City shall maximize the use of existing facilities in the service area so as to discourage urban sprawl. No development permits will be issued for new development which will result in increased demand on public facilities, beyond their design capacities based on adopted LOS standards. (Page 14, SSE) (p. Solid Waste Sub-element: I. A. ... Future solid waste generation is projected for each classification of solid waste to the year 2010. The required facilities to properly accommodate the projected increase in solid waste generation during the planning period is identified. These facilities include transfer stations, processing plants and landfills. (Page 1, SWSE) II. Based on County-wide population projections, Orange County has projected sufficient landfill capacity through the year 2010. Based on these projections, the City of Ocoee has sufficient landfill capacity through the year 2010. (Page 11, SWSE) IV. Forecasts of waste generation and population changes during the next 20 years will be used as a basis for assessing the need for new disposal facilities and for other analyses to be performed as part of the plan. Table 7 represents future solid waste generation totals through the planning period, based on the average historical tons per capita. By applying the tons per capita multiplier(0.62)to the projected population totals, through 1995, and (0.43)for the remainder of the planning period, estimates of generation totals are provided. (See Objective 1.2, reduction of solid waste generated by 30 percent by 1995). (Page 10, SWSE) These estimates do not account for the success of the City of Ocoee's recycling program. 20 Drainage Sub-element: I. A. The average annual precipitation in the study area is approximately 51 inches, most of which occurs in the June-October rainy season. ... The City of Ocoee in 1985 adopted subdivision regulations that addressed the issues of water quality, storm water conveyance and flood protection. See Figure 5 for a map of the City of Ocoee's flood prone areas. (Page 2, DSE) Table 10 Northwest System Future needs for the Northwest Ditch system will include increasing the roadway culvert capacity on Fuller Crossroads within Orange County. The post-development rate of runoff in developing areas will need to be limited to the pre-development rate for the 100-year storm commensurate with on-site retention and detention for those developing areas. (Page 14, DSE) The northwest system was outside of the City limits in 1990. Subsequently, large tracts have been annexed from the Northwest area as reflected in Table C of the Comprehensive Plan Amendment. The City has nearly completed a detailed drainage study of this area and the Capital Improvements Element will be revised to incorporate the recommendations of this study. Development of these recently annexed areas has been restricted until all infrastructure issues have been resolved. Lake Lotta Only portions of the recommended capital improvements within the study area were implemented and at this time it is recommended that an additional study,jointly funded by the City of Ocoee, Florida Department of Transportation and Orange County, be implemented to update the criteria for storm water discharge within Lake Lotta and the South Central Basin. (Page 16, DSE) Objective 4 The City will design a storm water management program sufficient to accommodate projected demand through the year 2010. (Page 25, DSE) Potable Water Sub-element: I. A. The purpose of the potable water sub-element is to inventory the existing water supply, treatment, and distribution facilities, determine existing and projected water demands, assess the existing facilities with respect to the existing needs. future needs, and regulatory requirements, and determine the deficiencies of the potable water system for meeting current and future water demand and regulatory agency requirements. Where deficiencies exist, whether they are current or 21 future, the element provides a plan for improvements of existing facilities and construction of new facilities. (Page 1, PWSE) III. B. Table 13 details the City of Ocoee's service area population projections and water demand projections up to year 2010. This projection is based on the City's anticipation to deliver water capacity to all new developments within the planning_ area. (Page 12, PWSE) Since the adoption of the Comp Plan,the City has brought several new wells on-line. In fact, the available capacity now exceeds projected demand throughout the planning period. Objective 1.2 The Water Management Plan and Capital Improvements Plan shall identify the needed extensions or increases in capacity of central water facilities to meet future needs. (Page 16, PWSE) Conservation Element Like the other Elements of the Comprehensive Plan, the Conservation Element covered a planning period through the year 2010 which anticipated the projected build-out scenario within the planning area. The projected need for conservation areas was forecasted using the FLUE land use model. Accordingly, the DCA found the Element to be in compliance with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The repeated references to the planning area and 2010 population demands further establishes that the Element was based upon an RPA needs assessment. (Page 1, CE) I. ... The population projections used in this Element are those developed in conjunction with the Department of Community Affairs in their report Population Estimation and Projection Techniques, the University of Florida's Bureau of Economic and Business Research (BEBR) report entitled Florida's Estimates of Population '87, and the U.S. Bureau of the Census, 1960, 1970, and 1980 Censuses. APPENDIX B describes in detail the methodology used for the population projections for the City of Ocoee through the year 2010. (Pages 1, 2, CE) A. ...As growth occurs in and around the City of Ocoee, the need for protection and management of the City's natural resources will increase. ... Policies to maintain and enhance these resources as well as shape growth patterns of the City are included in the Goals, Objectives, and Policies section of this element. (Page 2, CE) 22 B. Two landscape associations(ecological communities) are present in and around the City; the pine flatwoods/hammocks/hardwood swamps and sandhills/isolated or flowing water wetlands. (Page 2, CE) C. Figure 15, the location map of the City of Ocoee and the Joint Planning Area it shares with Orange County can be found in APPENDIX A. (Page 3, CE) II. A. 1. The City of Ocoee lies within three major basins, the Wekiva River, Cypress Creek and Lake Apopka. FIGURE 3 identifies these major drainage basins. There are 18 lakes within the area of Ocoee, 14 of which are identified in the Gazetteer of Florida Lakes. TABLE 3 identifies these lakes. (Page 8, CE) ...There are 13 lakes within the area that have been analyzed for non-point source pollution by the Non-point Source Management Section of the Department of Environmental Regulation in coordination with the St. John's River Management District(SJRWMD) and the City of Ocoee. TABLES 4, 5, and 6, analyze the condition of these lakes. In brief, the aforementioned tables show that the major source of non-point pollution comes from agricultural areas. Pollutants, such as nutrients, pesticides, and the associated pH imbalance occurring in the lakes can also be attributed to the (r agricultural uses in their vicinity. Urban runoff is also a significant source of non-point pollution in the area. (Pages 9,10,11, CE) Two of the lakes discussed above are located outside of the City Limits but inside of the planning area; they are: Lake Rhea and Lake Whitney. In addition one of the drainage basins shown in Figure 3 is also outside of the City. C. Groundwater is the principal source of water supply for municipal systems as well as private industrial, agricultural, and domestic use. Groundwater also serves to maintain the water level in the many lakes in the area. Two principal hydro geologic units underlie the City of Ocoee and the Joint Planning Area. (Page 12, CE) D. Flood plains are low areas, many of which were formed by sinkholes. ... Figure 5 is the 100-year flood zone map for the Ocoee area. (Page 14, CE) E. The City of Ocoee and the Joint Planning Area lie within the Mount Dora Ridge. This ridge is characterized by undulating hills with well-drained,sandy soils,dotted with frequent lake depressions. ...The USGS topographic 7.5 minute quad maps and the United States Department of Agriculture Soil Conservation Service Maps were reviewed to determine the soil conditions within the area. ... According to a land use survey conducted in 1985, there were approximately 10.25 acres in agricultural production in the City, occurring mostly in the northwest portion of the planning area. ... Erosion control practices in the planning area can provide surface cover, reduce runoff and increase the rate of infiltration. (Page 14, CE) 23 F. A total of 144 plant species that are classified as rare, endangered, or threatened have the potential to occur in the planning area, based on their habitat and inclusion on lists compiled by the Florida Committee on Rare and Endangered Plants and Animals (FCREPA), the Florida Department of Agriculture and Consumer Services(FDACS), the U.S. Fish and Wildlife Services(USFWS), and the Convention on International Trade and Endangered Species of Wild Fauna and Flora (CITES). (Page 16, CE) G. Threatened or endangered terrestrian vertebrate and invertebrate species are not expected to occur in most reaches of the planning area due to the degree of disturbance around most of the wildlife habitats. Many native species have been replaced by invasive ubiquitous species. APPENDIX C also identifies terrestrian vertebrates and invertebrates that could occur in the study area and their designated status. (Page 16, CE) H. In order to identify ecological communities present in the planning area, the City has chosen to use the landscape associations identified by the East Central Florida Regional Planning Council in their publication entitled, Buffer Zones for Water, Wetlands, and Wildlife in the East Central Florida Region, Final Report, October 1989. (Page 17, CE) K. 2. a. The existing Ocoee water service area is made up of the north and south system. According to water plant operating reports, the average daily water demand for the City of Ocoee was determined. (Page 19, CE) b. TABLE 9 indicates the projected demand for potable water for the City of Ocoee for the years 1990. 1995. 2000, 2005. and 2010. Potable water use was estimated as the product of the projected City population and average ERC demand coefficient. Based on historical consumption data for the City, we could assume that consumption will hold steady through the planning period. However, factors such as laws and rules governing water provision, the price of water, and changes in technology, will also affect average daily demand. Total average annual potable water demand is projected to reach nearly 2.065.9 million gallons by the year 2010. (Page 21, CE) L. There are no commercially valuable minerals within the planning area. III. C. 4. Species in the Ocoee area having special protection status designated by the state and federal government shall be evaluated for appropriate protective status. C 24 Recreation and Open Space Element The Recreation Element covered a planning period through the year 2005. The projected demand for parks and recreation was forecasted using the population projections and the FLUE land use model. Accordingly, the DCA found this Element to be in compliance with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The repeated references to the planning area and 2005 population demands further establishes that the analysis was based upon the RPA needs assessment. II. Also, future needs for additional parks and recreation facilities and open space will be addressed based on projected population, adequacy of existing structures and equipment, and their availability. (Page 2, ROSE) III. B. Future recreation needs were proiected for the years 1991. 1995. 2000. and 2005 using the City standards and the projected population for Ocoee in for each of those years. (Page 20, ROSE) V. A. The analysis for projected needs for park facilities indicates the following: two mini-parks will be needed; by 2000 an additional mini-park, and community park. and by 2005. two mini-parks, and a neighborhood park (mini parks shall include those privately owned facilities located in residential developments that are for the use of only those residents within those developments). (Page 20, ROSE) The analysis of needed recreational activities identifies many needs through the year 2005. However, it must be remembered that this is a 15 year planning period. In addition, the City of Ocoee will not have to bear the burden alone. In cooperation with Orange County, the City's needs may be realized with a minimum of cost. Also, it is important to remember that state and federal governments may provide grant monies for developing unique recreational areas. (Page 20, ROSE) L 25 Intergovernmental Coordination Element The Intergovernmental Coordination Element also covered a planning period through the year 2010 and anticipated annexations. Also, there are proposed coordination mechanisms for Orange County and surrounding municipalities, and the ICE anticipated the need for revised and supplementary agreements through the period. Accordingly, the DCA found the Infrastructure Element to be in compliance with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. II. B. 1. Existing Contracts/Agreements: The City of Ocoee has a number of formal agreements with various entities for the provision of services. The City has the following agreements with Orange County: a. A joint planning area agreement(Page 3, ICE) All inter-local agreements with Orange County are effective. In the future, the City and County will be working to extend the City's joint planning area. In addition,the City and the County will work together in the areas of right-of-way reservations for County roads, planning activities, and Sheriffs Office activities. (Page 3, ICE) Policy 1.5 (Future Land Use Element Policy 1.10) The City shall continue to coordinate with Orange County on all annexation and land use amendments as agreed upon in the Reserve Planning Area Agreement. (Page 24) Policy 1.6 (Future Land Use Element Policy 2.5) The City shall consider requests for voluntary annexation into the City when those lands are contiguous to the existing City limits, when services can be properly provided and when proposed uses are compatible with the City's Comprehensive Plan. These requests shall be considered only if they meet the requirements of Florida law. (Page 24) L 26 Conclusion to Response#la: As demonstrated above, throughout the original Comprehensive Plan repeated references were made to the future land use model, projected needs, the 2010 population of the City, the study area, planning period, and planning area. The purpose of these repeated references was to illustrate that the City had compiled relevant and appropriate data and completed a needs assessment for the entire planning area. Accordingly, the proposed Amendments contained in CPA-95-1 do comply with the requirements of Chapter 163 and Rule 9J-5 because the data and analysis was included in the adopted Comprehensive Plan. These requirements included an evaluation of the additional capacity and associated cost projections so that the CIP included expansion costs and projected revenue sources. As an example, the Plan projected a potable water demand of 2.2 MGD for the year 2010 and the City was able to build a water plant with a 3.2 MGD capacity in 1995 to meet future demand. When the Comprehensive Plan land use model anticipated the impact of future development and annexations, the existing facilities were evaluated so that we could project additional facility needs. Not only were infrastructure needs assessed by the adopted Plan but the need for additional land in various use categories to accommodate future population was evaluated relative to the undeveloped land in the City. C C 27 2. Recommendation #1b (DCA): If it cannot be demonstrated that the adopted plan contains data and analysis to support the land uses depicted for areas outside of the City's jurisdiction, a statement should also be added to the FLUM indicating that the land use designations outside the City's corporate limits are for advisory purposes only. Any future land use designations for areas annexed from the County must be consistent with Rule 9J-5, Florida Administrative Code (FAC.), and Chapter 163, Florida Statutes(FS), procedures for comprehensive plan amendments and required data and analysis. Response#1 b(Ocoee): Since the City has adequately demonstrated, above, that the adopted Plan contains the required data and analysis to support the land uses depicted for areas outside of the City's jurisdiction, no statement will need to be added to the FLUM. Future land use amendments for areas annexed from Orange County are already consistent and have been found in compliance with Rule 9J-5 and Chapter 163. C L 28 3. Recommendation #1c (DCA): It is not apparent that the proposed land use changes for CPA-95-1-2.11 through CPA-95-1-2.14, CPA-95-1-2.16, and CPA-95-1- 2.23 through CPA-95-1-2.25 are supported by the current comprehensive plan, as asserted by the City, since the proposed land use designations differ from the land use designations indicated on the originally adopted FLUM. Therefore, these amendments require additional supporting data and analysis. Provide additional data and analysis consistent with the list in Recommendation #1a. Revise the amendments as necessary to be consistent with and supported by the data and analysis. Response#1c (Ocoee): The proposed land use amendments for CPA-95-1-2.11 through CPA-95-1-2.14,CPA-95-1-2.16,and CPA-95-1-2.23 through CPA-95-1-2.25 are supported by the current comprehensive plan. Although the proposed land use designations differ from the land use designations indicated on the originally adopted FLUM, they are consistent with the land use model used to evaluate projected impacts. The City did not have color computer mapping capabilities; therefore, City staff created the land use model on paper maps and spreadsheets. Unlike many other cities who took the reverse approach, Ocoee's consultants were provided with the data from staffs land use model and a FLUM was created at the end of the process. The paper maps, including marked-up zoning maps, were used during the (se workshops to evaluate the surrounding land uses and discuss the existing zoning and development patterns. The color maps submitted with the approved Comprehensive Plan were prepared by the City's consultants based upon staff submittals. As discussed earlier, the City first submitted a zoning map in lieu of an ELUM; however, the DCA said that this was unacceptable and the City rushed to put together an acceptable ELUM. In the rush to comply with the ORC Report, errors and omissions were made on the ELUM. Apparently, the FLUM was also the result of a time constrained collaboration between City staff and consultants before it was transmitted the first time and it, too, suffered similar errors. These amendments are true Scrivener's Errors which are the result of a technician creating a computer generated map from marked-up paper maps. Scaling can be more precise on the computer but was not on the paper maps. On the following pages, additional background information is provided for each of the amendments in question. C 29 CPA-95-1-2.11 This FLUM amendment involves a portion of the Lake Olympia Square Shopping Center located on the corner of Olympus Drive and Silver Star Road. This shopping center is currently being constructed and its grocery store is open. 1989 1991 1991 Proposed Existing Existing Size Zoning ELUM FLUM FLUM Zoning Use 7.16 R-1M Vacant, Low Density Commercial C-2 Retail acres Committed Residential This part of the property was rezoned from R-1M, Single Family Residential, to C-2, Community Commercial, in 1990 while the City was in the process of revising a number of maps and preparing the Comprehensive Plan. Since the subject rezoning predates the adoption of the Comprehensive Plan and was reflected on the approved ELUM as well as in the land use model used for data and analysis, the City was making this administrative amendment to reflect the current use of the property and a C-2 rezoning granted by ordinance #90-60. (00 The rezoning was granted in 1990 and, subsequently, a development order was issued based upon the advice of David Russ, then General Counsel for DCA, in which he said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and later revise the FLUM accordingly, at the next opportunity. This is just such a revision. Additionally, it is likely that, should the Amendment be denied, there will likely be an administrative hearing pursued by the owners of the parcel to allow them to complete the shopping center which is already 40% complete. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. A copy of the rezoning ordinance and a zoning map are attached. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. C City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2. 1 1 Map Modification Location: Southeast corner of Olympus Drive 81 Silver Star Road Size: 7.16 acres Proposed Change: From: Low Density Residential (<4 du/acre) To: Commercial -Nal - u ,_ 1 Nxil S I i 1k . 111%N. &I WI *4.7' ‘2111M ______ \ N SILVER STAR RD ci ci: � SILVER ',,1. i 1 1 n Vol \ o. •\ .13 Existing Proposed Justification: The future land use designation of this area is being amended from Low Density Residential to Commercial in order to correct a mapping error. The subject property is vacant but development approval for a commercial center was granted by the City of Ocoee in 1994. In 1990, the developers of Lake Olympia Square Shopping Center requested a rezoning for a 7.16 acre parcel abutting the Shopping Center property. Prior to the adoption of the Future Land Use (FLU) Map, a rezoning from R- 1 AA, Single Family, to C-2, Community Commercial, was granted by the Ocoee City Commission. It appears that City Staff failed to incorporate the Lake Olympia Square rezoning on the 1991 FLU Map due to timing constraints. The recommendation to revise the FLU Map was based upon the following: (1) the rezoning ordinance preceded the Comprehensive Plan adoption; (2) the City Commission intended to reflect the rezoning on the 1991 FLU Map; and (3) the intersection of Clarke Road and Silver Star Road is a designated Activity Center designed to provide commercial services to surrounding residential areas. This Comprehensive Plan Amendment will correct the FLU Map to correctly show the Commercial designation for the Lake Olympia Square property. `411., Page 29—A • J I • 3 3i (iiiii, me s : I < im, , s; z ti ha a. 2 _• �l !, oa w, 41 s ._ a •, ,, ..I cm !It oH 0'61 h 4• Hi1 0 ff 3 _..�• ._. _ II - g a4 J �: . : • ,� J! i"L1 �_ t car, i .....) ...„. S 11.01 /......:NNND . 4..e .......,',„ N'N`N,N,!:.! 0 I I Ii 1 "2...... I I_ 11 ` j I jirse........"...''......714-1 "... I I. 1. • • i . t - t ,; V S O .•• i : 2 O I ; r O i _ S I" a M I a RD INA.YCE NO. 90- 60 CASE NO. 1-13R-90 : DABI AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REZONING CERTAIN LANDS LOCATED IN THE CITY OF OCOEE BY cRANGING TEE ZONING C:.ASSI_KATION FROM R-L-AA, SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 COMMUNITY COMMERCIAL DISTRICT ON CERTAIN .REAL. PROPERTY LOCATED ON TEE SOIIT3 SIDE OF SILVER STAR ROAD ON THE EAST SIDE OF OLYMPUS DRIVE A3 PETITIONED BY TRE PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. wHiREA3, the owner cr owners ("the Petitioner") o=certai. real property located within the corporate limits of the C: Ocoee, Florida, as hereinafter described, have petitioned -e City Commission or , or the City Ocoee, Florida ("the Ccoee City Commission") to rezone and change the zoningclassification - said real ^ = for property _r:m R-?-AA S_ncle Family Residential District to C-? , Community Commercial District, and WEZREAS, pursuant to Section 2 . 2 of Chapter =I of Appendix "A" of ; the Code of Crdinances of the City of Ccoee,__o_ida ("the Ccoee City Code") , the Planning Di-=‘- or has reviewed said petition and demned that the rezoning requested _ y the is consistent with the l979 C_- y cf Ocoee Comorehensive Plan s se- forth in Cr iHance No . 719 , adopted-..,. Y ad p e� ` p r - , :aso 0 ( "the Ccoee Comprehens iYe Plan") ; and WLZ!R?AS, said rezoning petition was scheduled for = .^.dot sstudy" and recommendation a _on by the Planning and Zoning Commission of the City c: Ccoee, Florida ("the Planning and Zoning Commission") ; and W" REAS, the Planning and Zoning Commission has reviewed said rezoning petition for consistency with the Ocoee Comprehensive Plan and determined that the rezoning requested by the Petitioner is consistent with the Ccoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be changed to C-2 Community Commercial District, as requested (11",:y the Petitioner, and that the Ccoee City Commission find that the zoning rec.:ested by the :c - crer is consistent with the Ccoee Cowpra^ens:y'e_ ?_an; and W -ZEAS, the Ccoee C_ty Commission has held a de novo zub_ic :ear--g with o=__c_al notice thereof with respect to 'csed rezoning of said real ...,.. and WEZREAS, the Ocoee City Commission has determined that .z 3 the zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and W .REAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in e on 166. 04 } Florida Statutes. c'= _(3} (a _ _ rides S�atutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMZSSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: i Page 2 Section 1 . The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VI,I of the Constitution of the State of Florida, and Chapters 163 and 166 , Florida Statutes. Section 2 . That the zoning classification, as defined in Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from " R-1-AA , Sincle Family Residential District" to " C-2 , Community Commercial District" : SEE EXHIBIT "A" ATTACHED ATO AND BY THIS REFERENCE MADE A PART HEREOF. Section 3 . That the City Commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described Lein this Ordinance to be consistent with the Ocoee Comprehensive P'_an. Section 4 . The City Clerk is herebyaut or=zed and directed to revise the Official Zoning Map of the City of Ocoee in d :.c..T i o order to ..crate the zoning amendments enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning :dap in accordance with the provisions of Section 1. 1 of C_ha^tar _=_ of Appendix A of the Code of Ordinances of the City of Ocoee. Section 5 . All ordinances or carts of ordinances in conflict herewith are hereby repealed and rescinded. Section 6 . Severability. any section, subsection, sentence, clause, phrase Cr portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall net affect the validity of the remaining portion hereto. Section 7 . Effective Date. This Ordinance shall become effective immediately upon passage and adoration. this PASSED AND ADOPTED �- day c. � T`3r , 1990 . APPROVE.,.,: ATTEST: CITY CF CCOEE, F_CRIDA /-' RNI -4/1/1 /1/(: IEAzN GRA:TON, CITY CLERK i .� EE DABBS, �'R. , M.AY5 j / (SEAL) Page 3 ADVERTISED Ncvernoer 8 , 1990 READ FIRST T:` Oc C o b e r t , 1990 READ SECOND TIME AND ADOPTED , 1990 FOR USE AND RELIANCE ONLY BY TEE CITY OF OCOEE, APPROVED BY TEE OCOEE CITY APPROVED AS TO F0p.X AND CO1 FISSION AT A MEETING LEGAL/Ty", TEIS ;1 / BELD ON , 1990 DAY OF / 1 , 1990 UNDER AGENDA ITEM NO. v I FOLEY 4 LARDNER, VAN DEN BERG, GAY,pU1,7, LSON & REIN 3v: �. 1'e CI 7.y Azzorriev L CITY OF OCOEE C PROPOSED REZONING CASE NO . 1 - 13R - 90 : DABI . T 1 ,-7-- 11-1 I 7 I f.:-.1.-:i1. 17.1•':f_-j�-- �. —1��1 1-1 fljz�:lin 11.�.a I• I PUD 1t • t 1 •• 'r is 1 I.�..1-1 T'? 1T'`"t , I R _ a at. CAS I foo �I I f-� I i r %,!.Irl_1_4 4,1_(.1.11.{.1_. 3„,.,,?. _ II iwRa ( I I( 1:1n .• I I I"— • t-..... -,..:is-4- - 17/i/• Q-;: • SLLVER STAR C {v� ((rt�tihtY(I{ -i {{ { c– " I • NO : 1. - 13R - 90 : DAB1 \ V 1. rc- ' 6,6 . . ' k : • / R 71 AAi • Atig, i f I 1 j-4 `1�-: 1 -I i I I�c�1. L'� I 1'i I.Pvfl watt OLTttnw '�..—i-_—.i_.: I.I.I I ; L—:•4--�--_-- • EXISTING ZONING R - 1 —AA PROPOSED ZONING C-2 coy . EXHIBIT A 'Qg� tc�- EXH1EI i A 'HAT PORTON OF 'TAE'•10RTHEAS T 1/ 4 OF THE S.OUTHWE3T 1/4 (1F SECTION 16 . TOWNSHIP SOUTH , RANGE 29; EAST , ORANGECOUNTY , FLORIDA , BEING MORE SPECIFFrCALL Y 7E , I3E0 AS FOLLOWS : CL..& ENCS AT THE NORTHWEST ;ORNEZ OF THE NORTHEAST 1/ 4 OF THE SOUTHWEST 1/4 OF 3ECTION 15 , TOWNSHIP ?.2 SOUTH , RANGE Z9 EAST , ORANGE COUNTY , FLORIDA , RUN NIE,NCE S . 00' 16 ' 50"W . ALONG THE NEST LINE OF THE NORTHEAST 1/ 4 OF THE SOUTHWEST I/4 OF SAID SECTION 16 , A DISTANCE OF 60 . 00 FEET TO ITS INTERSECTION WITH THE • SOUTHERLY RIGHT-OF='WAY LINE OF SILVER STAR ROAD ; THENCE RUN N . 89' 59 ' 45" E. ALONG SAID SOUTHERLY RIGHT-OF-;SAY LINE , A DISTANCE OF 50 . 00 FEET TO THE POINT OF 3EGINNING OF THE LANO.'I HEREIN DESCRIBED ; THENCE FROM SAID POINT OF BEGINNING , CONTINUE N89' 59 ' 46"E , ALONG SAIU SOUTHERLY RIGHT- OF-WAY LINE OF SILVER STAR ROAD , A DISTANCE OF 164. 71 FEET ; THENCE DEPARTING SAID RIGHT-OF-WAY UTNE . RUN 5 . 00. 00 ' 14' E , A DI3.T.A(IEE OF300 . 00 FEET ; [HENCE S . 41' 24 ' 11"E. , A DISTANCE OF 513 . 24. FEET ; THENCE N . 89' 43 ' 1O"W . , A DISTANCE OF 238 . 56 FEET ; THENCE s . 53' 25 ' 39 .1 DISTANCE OF 150 . 00 FEET ; THENCE N . 4'1' I I ' 43"%i . , A DISTANCE OF 27 . 00 FEET ; r ►CE: N . 00' 16 ' S0"E . , A DISTANCE OF 164 . 00 FEET ; THENCE N . 89- 43 ' 10"44 . . A DISTANCE 0, 120. 00 FEET ; THENCE N . 00 ' 16 ' 50"E . PARALLEL, WITH AND 50 . 00 FEET EAST OF THE AEs.r. .LINE-• OF. SAi0AORT EASr•:,2/4 OF THE SOUTHWEST 1/4 OF :SECTION I6 , A DISTANCE .`1�3;;;M.Q Z 3: F�.F•T. �D:THE P Q I R. ;Q F BEGINNING . E'04074P/,vrA-6 .j.<9.070 .sCA--�:'S Z CASE NO . 1 - 1 3R - 9Q : DABJ Cir 30 CPA-95-1-2.1Z The subject property is located on the northeast corner of Silver Star and Second Street. The FLUM is being administratively revised to reflect an existing medical clinic. The subject property was annexed and rezoned based upon the fact that the property was shown as commercial on the ELUM and had historically been zoned for commercial uses by Orange County. 1989 1991 1991 Proposed Existing Existing Size Zoning ELUM FLUM FLUM Zoning Use 0.48 C-1 Commercial Low Commercial C-1 Medical acres (Orange Density Clinic County) Residential This parcel was annexed and assigned an Ocoee zoning of C-1 in 1993.At the time, the rezoning was thought to be consistent with the FLUM. Subsequently, staff realized that an adjacent area was incorrectly depicted as Commercial rather than Low Density Residential. Similarly,this area was incorrectly depicted as Low Density Residential rather than Commercial. Both areas were revised in this set of Amendments and the two revisions offset one another. The correct land use was reflected on the approved FLUM and in the land use model using County Zoning data. The City transmitted this administrative FLUM amendment to reflect the C-1 rezoning granted by ordinance#93-12 and the existing use of the property. Again, this action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. If the Amendment was denied, there will likely be an administrative hearing pursued by the owners of the parcel to allow them to continue their existing use. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. Copies of the rezoning ordinance and zoning map are attached. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2. 12 Map Modification f Location: Northeast corner of Silver Star Road 81 Second Street Size: 0.48 acres Proposed Change: From: Low Density Residential (<4 du/acre) To: Commercial g a o z At z O -N- 0 v -N III Iiip 11 v Ask it• • • AS • A. • al�Z S ' �h� ILVER STAR RD 1 ILVER STAR RD ki 1 1'1 \ , 1. Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to include the subject property within the Ocoee City Limits and to change the future land use designation from Low Density to Commercial. There is a small medical clinic located on this 0.48 acre parcel. The subject property was part of a large enclave located north of Starke Lake. In 1993, the property was voluntarily annexed and found to be consistent with: (1) Chapter 171, Florida Statutes; (2) the Ocoee Comprehensive Plan; and (3) the City of Ocoee annexation criteria. The initial zoning assigned to the property was C-1, Neighborhood Commercial. The Orange County zoning had also been C-1, Commercial, but the County's future land use designation was inconsistent (Low Density). The City granted the rezoning request and subsequent development approval because it was thought to be consistent with the 1991 Ocoee FLU Map. In reality, the parcel adjoins a Commercial area just to the east of this property (see Amendment #1.04). The subject annexation and rezoning were not disputed by the County and will rectify a mapping error that complements changes to the Joint Planning Area (JPA) Agreement. Page 30-A a � I _ _ a4 - 3 3 +II L3 1 _ 3 - —� ). I 1 �1 t 1 4. - 1 - , • Irt = a '4^xr' c 3 L�� : C3 NI I - - I - • M ' 1 ' I - .1 r' 't1l _ 3 a It 1. 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I-4AR-93: HOLZWORTH AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-I, RETAIL COMMERCIAL, DISTRICT, TO OCOEE C-I, NEIGHBORHOOD COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY LOCATED AT TEE NORTHEAST CORNER OF SILVER STAR ROAD AND SECOND STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida has on the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida, as hereinafter described; and WHEREAS, the owner or owners ("the Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone and establish an initial zoning classification for said real property of Ocoee C-1, Neighborhood Commercial District ("the Initial Zoning") WHEREAS, pursuant to Section 5-9 (B) of Chapter ISO of the Code e f Ordinances c f the City of Ocoee ("the Ocoee City Code") , the Planning Director has reviewed said application anddeterminedthat the rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28 , adopted September 13 , 1991 ("the Ocoee Comprehensive Plan") ; and WHEREAS, said Initial Zoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida ("the Planning and Zoning Commission") ; and • (meWHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be zoned"Ocoee, C-I, Neighborhood Commercial District", as requested by the Applicant, and that the Ocoee City Commission find that the rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to proposed Initial Zoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Initial Zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 1666. 041(3) (a) , Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF thw THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. SECTION 2. That the zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the cororate limits of the City of Ocoee, Florida, is hereby changed from "Orange County C-1, Retail Commercial District" to "Ocoee C-1, Neighborhood Commercial District, " : SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3 . That the City Commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendments enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of the Ocoee City Code. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of -(11L9' 1993 . APPROVED: ATTEST: CITY OF OCOEE, F RIDA c2T7 Je Grafton . C y Clerk S. Scott Vandergrif t, .ayor (SEAL) (110 ADVERTISED May 30, 1993 READ FIRST TIME June 15, 1993 READ SECOND TIME AND ADOPTED J uLG I°43 UNDER AGENDA ITEM NO. Y 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this ;-.1.2iday of LL... 1993 . FOLEY & LARDNER By. 61:�.�` c J-1-4SA City Attorney C E. IRTHIT "A" Co, ENTTIAL ZONING PE IITION Case No. I-4AR-93: HOLZWORTH Tax Parcel ID: I7-22-28-0000-00080 LAND DESCRIPTION: (PER OFFICIAL RECORD BOOK 3237, PAGE 1761) WEST 120 FEET OF THE FOLLOWING PROPERTY: BEGINNING 30 FEET NORTH AND 30 FEET EAST OF SW CORNER OF EAST 1/2 OF SE 1/4 OF NE 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 176.1 FEET, EAST 240.13 FEET, WEST 240. 23 FEET TO POINT OF BEGINNING, ORANGE COUNTY, FLOR DA; I76LES. 1 S PROPERTY DEEDED TO STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 686, PAGE 471 AND OFFICIAL RECORDS BOOK 686, PAGE 473, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING ALSO DESCRIBED AS FOLLOWS: (PREPARED BY CEMS CONSULTANTS, INC. ) COMMENCE AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SEI/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION IT , TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE NORTH 00'19 ' 42" WEST ALONG THE WEST IfFNE OF THE EAST ONE-HAL? (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4.) OF THE lbotTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 17 , A DISTANCE OF 40 .02 FEET; THENCE SOUTH 88 '44 '42" EAST ALONG A LINE 40 .00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 17, A DISTANCE OF 30 .01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'19 '42" WEST, 166 . 16 FEET; THENCE SOUTH 88'44 '42" EAST, 120.05 FEET; THENCE SOUTH 00'19•' 42" EAST, 166. 16 FEET; THENCE. NORTH 88'44 '42" WEST, 120 .05 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.458 ACRES MORE OR LESS E ID3IT "A" INITIAL ZONING PETITION (11, Case No. 1-4AR-93: HOLZWORTH Tax Parcel ID: 17-22-28-0000-00080 !MT 111CTIa AT ANTI AMI L4a•-- i 3r I NOT PLATTE (i) sar44'42'E i20. GS' • i � I ' I ; 4 ' .. t0 iri 111ti "11 I WI _ "N 111 k 1g k N it. i. . 40' 1 l_ I rr ale "—i/11 UN IN OR WO! 1 a ON/4n r - i s. al.ot• • Nes 44'42'W i20. QS' 1 f ji — i {1 Lae s6113.FVuLsIE1/t — ligiA=r1 Baa irDAT ___/ aT=NM s t.'1�,t1 t�- 711II 1J- II111 1/4 V U4 E3X Si LYQR STAR ROAD 11x !11 OR-altian . Vt.' FOR THE FiAT: 1 I ! . r _ . ,AM 2 3 HILL, - li a ,,,a`4 r: NATE Rani Ipf. .94,: 411, ORDINANCE NO. 93-11 CASE NO. 1-4AR-93: HOLZWORTH ,_5.2&J'I ORANGE CO. PL. Ui/15 93 0,3.50.49pr AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF SILVER STAR ROAD AND SECOND STREET, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Qf459.f. PG i 18 5 WHEREAS, pursuant to Section 171. 044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171. 044 (2) , Florida Statutes and Section 5-9 (E) of Chapter 180 of the Code of Ordinances of the City of Ocoee ("the Ocoee City Code") ; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply al 2 with all applicable requirements of the Ocoee City Code and to be Ea e` in the best interests of the City of Ocoee and has recommended to 0-�_' the Ocoee City Commission that it approve said annexation petition; Zg 3Y� and os iLd2i WHEREAS, the Ocoee City Commission has the authorityrSa pursuant to Section 171. 044, Florida Statutes to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. ec zee 3 I..Qu :`.APT- C. adz': , _ + Add Fee i J 2 ti Ori. ;e COt::.t7 'Doc :�LC 3 Corr1PIl " er lei!)7- (FlowNOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. Section 2. The City Commission of the City of Ocoee, Florida hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3 . The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (hereinafter referred to as "said land") . Section 4 . The City Commission of the City of Ocoee, 4k, Florida hereby finds that the annexation of said land is consistent with the Ocoee Comprehensive Plan and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan and Ocoee City Code. Section 5. A map of said land herein described which clearly shows the annexed area is attached h:reto as Fxhjbit "A" and by this reference made a part hereof. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City mans of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. � 1459I PGI f96 (beSection 9 . If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10 . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This ordinance shall take effect upon passage and adoption, and that thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit court and the chief administrative officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption of this Ordinance. PASSED AND ADOPTED this day of Tk.N 1993 . APPROVED: ATTEST:. P CITY OF OCOEE, RIDA • Jen Grafton, 'City ClerkS. Scutt Vander rift /N vh(ayoo . � g r (SEAL) ADVERTISED June 17, 1993 ADVERTISED June 24, 1993 READ FIRST TLML June 15, 1993 READ SECOND TIME AND ADOPTED /9 S3 Under Agenda Item No. V A FOR USE AND RELIANCE ONLY BY TEE CITY OF OCOEE, FLORIDA. APPROVED .AS TO FORX_AND LEGALITY this 6 /1', day of , 1993 . FOLEY & rn .DNER By: a;4/4-14:a City Attorney 3R4591 FG f 187 EXIEBIl "AI" ANNEXATION PE'1T1'ION Case No. 1-4AR-93: HOLZWORTH Tax Parcel ID: 17-22-28-0000-00080 LAND DESCRIPTION: (PER OFFICIAL RECORD BOOK 3237, WEST 120 FEET OF THE FOLLOWING PROPERTY: BEGINNING 30GE FEETg1 )NORTH AND 30 FEET EAST OF SW CORNER OF EAST 1/2 OF SE 1/4 OF NE 1/4. OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 176.1 FEET, EAST Z40. 13 FEET, SOUTH . 1 FEET, WEST 240.23 FEET TO POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; 176 PROPERTY DEEDED TO STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 686, PAGE 472 AND OFFICIAL RECORDS BOOK 686, PAGE 473, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING ALSO DESCRIBED AS FOLLOWS: (PREPARED BY CE3;S CONSULTANTS, INC. ) COMMENCE AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 17 , TOWNSHIP 22 SOUTH, RANGE 22 EAST; THENCE NORTH 00'19 ' 42" WEST ALONG THE WEST '4E OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE THEAST ONE-QUARTER (NEI/4) OF SAID SECTION 17, A DISTANCE OF 40. 02 FEET; TnENCE SOUTH 88.44 ' 42" EAST ALONG A LINE 40. 00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 17, A DISTANCE - OF 30 .01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00619 '42" WEST, 166 . 16 FEET; THENCE SOUTH 88'44 '42" EAST, 120.05 FEET; THENCE SOUTH 00`19-' 42" EAST, 166. 16 FEET; THENCE. NORTH 88'44 ' 42" WEST, 120.05 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0 .458 ACRES MORE OR LESS L.. Warr "A" ANNEXATION PETITION 2R Cc as 1 FG ( f 8 v to Case No. 1—tAR-93: HOLZWORTH Tu Parcel ID: 17-22-23-0000-00080 iirtalliC1C1 AT win AmIE L. ir iml NOT PUTT I (L S8e'44'42'E i2a. GS' 45 I ; I al 41 i i 111 11 d 2 gla 'IC .. (6.. w `t k SCALE 411; s ,�y ; I i le IerWArce) f"i!t LUL Phi al NAM al Min - r ,.1111- as ag. i WV 44*42111 X22 05'-_�� A Ii It 3,i i I I _LL. —s Las s a !A X X LA CF lE l/a i L7 fl art= t0-1241a e1atUl91I E.71Aa17 -it 12 X S I LYIIR STAR ROAD I!Dc 111 ar-V-WI . I !FCJR7E7 a 4E:3/7 YE4rs•i v �..,. . .( /,';.:,,:,,.�, ;,, FOR THE F1Ii1 It t (w :ACE F i Li:MAW i 44., fSATE IDA i F3/RS ICK TIES Consu I tants , I roc. r PE I S1 I CIVIL ENGINEERING • MAPPING • SURVEY ING 6900 ULY6i MA 4110. WITE VO - I I t MUM. FL31106 33{*I i . ...._. •� �__- -- 1 31 CPA-95-1-2.13 The southwest corner of Franklin and Bowness Road has had C-2, Community Commercial zoning longer than anyone on staff can remember or track. This Amendment will correct the FLUM to depict a commercial area which predates Ocoee's zoning map archives which go back to the 1970's. 1989 1991 1991 Proposed Existing Existing Size Zoning ELUM FLUM FLUM Zoning Use 2.51 C-2 Industrial Light Commercial C-2 Commercial acres Industrial Convenience Store Staff realized that this area was incorrectly depicted as Light Industrial rather than Commercial when the zoning map and FLUM were being compared. The correct land use was included in the land use model because it was based, in part, on the Ocoee zoning map. In addition, the impacts associated with light industrial uses are similar to those associated with commercial uses. In fact, the City of Ocoee permits many similar uses in the C-2 and I-1 zoning districts. The City transmitted this administrative FLUM amendment to reflect the C-2 zoning and the existing use of the property. Again, this action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. If the Amendment is denied, there will likely be an administrative hearing pursued by the owners of the convenience store to allow them to continue their existing use. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. The zoning ordinance and a copy of the zoning map are attached for informational purposes. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2. 13 Map Modification L Location: Southwest corner of State Road 438 & H.M. Bowness Road Size: 2.51 acres Proposed Change: From: Light Industrial To: Commercial "tt'Woky. -4-.4, t4INW„,,..1,11 Nisi -,. .,,,,,,:,..,. N.N 'NNI! I 'NI. 'IllSii e Nv6&'", .",t1; N NII eq& e ,,N, D d ,Sk ,,,,,,<: , ‘ bt i ., , , . . ,f4 4kolt i ,, //NN 1 &711,1 ... . En ,,,,,,,,, ‘ 6,.. . ........ lk" 7-- 11§I'SX1i§' ' LA&N SIIN.lik‘16... &SI 1611bS ..AdANN,. „ : .b..h. ki,,,.. s ,...m. 110 _;_ ___, , , ._. • , v , 94yry 4yylq,yN y, r • •\ • \ 5C�Wy,'Vyw Wq Vy,�'4.+,��h„. 4'y,' , • , W* 1 -1 l'hi 6 ' k. • \ 'wh,'1V q' 'NS,''4, 'o '0,11, w'� `4 ,\ ' ~ 'rgly yy,V y"1 1/4, , ' � 4 W� �� �" 4"e " � ,, 1 '�, „,4.4 4 °1 , '"1 fan ' ”" 4y, 1/41,41/44N:1/4'4;1/4 "� 'y, 11 4y1 9y 1X15, h� p1 1„ 'Y1 '4".�4tl.O`\/`�\�\ r $44 5," bn 1�' t �L �, ,qp�;lt'1/4"1/4"1/4, ��, \ N` �y. ° y,'.1 14„ yq "lq,R M".Y ] / h 5�1/4,'Wt�4 t,,, '44,, ''rY�y'WI. AP"/ ;\ SO.Wk ,'4,444 ,: 1��k i11/45�M 1 41/4 SW in EINEM//\\ ` `b` 6 �" ''\'4k `1. �'j 1 14 y,+,4y'9V,,, p p�44 ytib v� 1 4~ �4,, �,1 1 ; , '�B yak, �p \vy. 9L �yy'y 4 Z j/', W"414'1�"k1h.t '4k1 11\N.., 4,44''',,411 d41tiyy `�i ,4\,1, N / y•'',\\,,\,_''4• k • M W. ',. 'U b '''01/4641/44,, 01/464 Y,k'4:4, Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to change the future land use designation of the subject properties from Light Industrial to Commercial. The subject property contains a convenience station and gas station. It was assigned C-2, Community Commercial, zoning prior to the adoption of the Comprehensive Plan. The City's 199 I FLU Map was intended to be consistent with the City's 1990 zoning map, but a mapping error extended the Light Industrial designation up and over too far in this area. This Comprehensive Plan Amendment corrects a mapping error of unknown origin by changing the subject property's land use designation to Commercial as originally intended. Reasons for this Amendment include: (I) the current use of the property; (2) the rights of the property owners; (3) consistency with the zoning map; and (4) the original intent of the City Commission. Page 31—A i • , 31 . 3. .1 i C51.;33 e01 I `c ti--- --- I i o RC ° a l 4.I: .si rl ami -- _ I3w. 3! � ! 11 0..•..'W, it.- l I 7. v+1 t.----.-I t- a. .! 1 it I I 3` I; � �� ZI (, 1 �11 1 3 ' l; III, i . ' 11T i 31 i a >�+ : ill Q Sam 4 . ; I I I to. , 3. aJ 1 f ! I Y L I r• I O V I b � _ I t !i.21 • I 1 y 2 j c l < I e M v JI 44. Is:,' III O I 1- i '1 1 <a I . = 7 a1 _ o OI r. =i O 1 16 o po1 cQ a 3 f es . i U 41 433 tto• e1 Q...... t T t1 t I I (.., -- = OFFICIAL ZONING NG `MAP ----- �. ZONING DISTRICTS • A-1 GENERAL AGRICULTURAL ... --- ! 1 4-2 SUBURBAN _ �_� f - I f R-1-AAA SINGLE-FAMILY DWELLING . - 6 Il R-1-AA SINGLE-FAMILY DWELLING . _ • _ + • • _ I I- 0j 1 R-1-A SINGLE-FAMILY -( (`/'J I� DWELLING • _ I R-1 SINGLE-FAMILY DWELLING • -•.-". T- - R-2 ONE-AND TWO-FAMILY DWELLING R-3 MULTIPLE-FAMILY DWELLING ��- P-S PROFESSIONAL OFFICE ANO SERVICES - • R-T--I MOBILE HOME SUBDMSION _' I MIMI ....._-- -V. • . C-1 NEIGHBORHOOD SHOPPING I C-2 COMMUNfry COMMERCIAL -i C-3 GENERAL COMMERCIAL I-1 RESTRICTED MANUFACTURING AND WAREHOUSING I-2 GENERAL INDUSTRIAL PUD PLANNED UNIT DEVELOPMENT ZONING DISTRICT BOUNDARY MUNINCIPAL LIMIT BOUNDARY (6.,, . • CITY OF OCOEE• --- -- =21 22 FLORIDA • � re�j ' L . , C, , -7 ev,Nda �,eS /�Y 7 J . ,,..„ . .,,..._ __.______ .. . o J • — i . MAP "This is to certify that this is the Zoning Mao refered to in Chapter I Ordinance Number 5(6 of the City of Ocoee, Florida." /5 / 70 Date of Ordinance Ad SIGNED: oi111/Yrl Cr/w May ATTESTED: ,�itt-da.vi. . / City Clerk DATE: IVA/ g z 1 (1100 1 "This is to certify that this Official Zoning Map supersedes and repo - Official Zoning Map adooted by the City of Ocoee" • SIGNED: "S .eLt�»�C� ►G co TT_STED:k1.<..4.a_ y� . a:, L_Ity Cler( V WICES DATE: / tav (10„ ,AND WAREHOUSING c _1 , HL__,I ___.,_ ,... , .- „.-.- [-- h- . „, ... uli s ■ i � .i 6 ^•FRAPtKCJ 'a �. Ji 0 -': Y 1 liir • �':,;•: R-3 . _- 1311! s ORANGE CO. L` ��„`' 1- I1I,fi� '�.� '� I. I �- R I-2 :01 L _____, ', y e5' ____, _ - J` FLORAL ST 'gin II /9 c 1111. 41) � f R1-A-� • ,L� - It ' • ,� OHIO ST. P 411 i _ ,4,.., .f • i us \ ..- ) n ! i DEL ‘-''. ' T ,________11n.1 _1 i 1 ' i. • z NN1Q '—Z WAS 1-2 4t• I : • : \ 1 1 C ! k ,�,Co -7-1--ENTERPgISE ST. ........„/„//ii: ,• . . . , i k Iii T C 0 ..., ,} . i _,., . 1 1, . . .: I . _ - -CTAL 1-2 -1 .e., API --C S , 1 I 7 • , , iz JI 32 CPA-95-1-2.14 The northeast and northwest corners of Franklin and the Silver Star Road Extension have been zoned C-2, Community Commercial longer than anyone on staff can remember or track. This Amendment will correct the FLUM to depict a commercial area which predates Ocoee's zoning map archives that extend back to the 1970's. 1991 1991 Proposed Existing Size 1989 ELUM FLUM FLUM Zoning Existing Zoning Use 6.29 acres C-2 and C-3 Industrial Light Commercial C-2&C-3 Commercial Industrial Staff realized that this area was incorrectly depicted as Light Industrial rather than Commercial when the zoning map and FLUM were being compared. The correct land use was included in the land use model because it was based, in part, on the zoning map. In addition, this area has historically been commercially developed. In 1979, a portion of this area was rezoned from C-2 to C-3, General Commercial in order to allow the property owner to expand. In addition, the impacts associated with light industrial uses are similar to those associated with commercial uses. Many similar uses exist in the C-2, C-3, and I-1 zoning districts. The City transmitted this administrative FLUM amendment to reflect the existing C-2 and C-3 zoning as well as the existing use of the parcels. Again, this action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. If the Amendment is denied, there will likely be an administrative hearing pursued by the owners to allow them to continue their existing uses If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. The zoning ordinance and a copy of the zoning map are attached for informational purposes. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owners has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. C City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2. 14 Map Modification tre Location: Northwest 8L Northeast corners of the intersection of State Road 438 and the Silver Star Road extension Size: 6.29 acres Proposed Change: From: Light Industrial To: Commercial SZ% %"0. ‘SNIIIIII. 7 1 4 . Nr. 1,\1% - - -. „,,,, ,t1 pash,,,, , , '4 ,/,,,s1\ ,Ilk , N s. -.i ,, „ \wi 41kS li g&ALI\i' &N '' .. Al6*k7/1, Wvik,, , \111%1,& ,4 IN *b,' 1z./48:v ..,,, : ,,ii IL r L Ku''• �-1 1 1 111. Nkii4„..17 k& � '1 �� •'y.. k& Mk.: r N �,M 'Sh.,S,,y� 4q,, -N ,, y nye 1 f \ ��1 1.1 1 1 1 1 7rl . `"\\7\4:,',':,,�I ti y�e°yy ' y� � ► \ TATE ' ••Q 438 .: 46 AL1\ '� ` hy p \ , 1y�, N' 'Yy t4 Y4 y1 '4 yin, y • 1 9h i„NSi +k4ah 44� '',„ 'YY Y° 'h '•y\t„'•°„\\• ?°/ �\ • :•� , IY� tyy M 44, 4e"a, 44,k4 1F '�:.44 Y 4 `'4. °eyh\. \'ry \ ' 041 ,'4y4$ '4y4, �{,�},y�\",1�' . 'y ,44 4j 4 yy ,,, h. 4'h ` yh N4`y1.yy4y .14, ',,pp`� y, ''•1. 1 kt 7. y 4 4'h 4 � , "h � 4t. � LLY.'11y,ip Y. h y4�4y. 4 '4444'S4 yl Yy4-.k.'44''14 9 y"' 'Y ' '4 ,,N.. N\ 11 hh,B4h�hp, 0, 4N,\', 4 ''' �4 t j�l i� Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to change the future land use designation of the subject properties from Light Industrial to Commercial. Several parcels make up the subject property. Together they comprise 6.29 acres. This area has historically been zoned C-2, Community Commercial, but a small portion of this area has been zoned C-3, General Commercial, since 1979. The property owners operate several small businesses which were legal non-conforming uses until the rezoning was granted to allow a minor expansion. Both the C-2 and C-3 zoning classifications are consistent with the proposed Commercial Future Land Use designation. The City's 1991 FLU Map was intended to be consistent with the City's 1990 zoning map, but a mapping error extended the Light Industrial designation too far north. This Comprehensive Plan Amendment corrects a mapping error of unknown origin by revising the subject property's land use designation to Commercial as originally intended. Factors supporting the Comprehensive Plan Amendment include the following: (I) the existing development pattern; (2) suitability of the area for community commercial uses; (3) consistency with the zoning map; and (4) site accessibility. Page 32—A 1 411 3 Si -(ie-. - _. • Ili.:':L:.;%‘ _moi a . J! - 3 NI I. col ._ .._ • . :. ; . ... -- ii f• 11 a 4...."%..3 4! t. :I r�— —, :8,_ i3; ss moil CAI - 11 1' • I rr1 r ' ' I: tlI I' 1+ ; 131: 1 ! it • 3.3 P11111131 11 -. r 1_ 1 qy = 3 v` aw 3• • 3 l . ialf aZ 1 ilifihr4ii I ciir . z. J 1 \ r 1 1 I N _ ' 1 3s \ •• v + cl' \ \ v 2 T 3 • <r _ i a I IN r i sl : a a1 —, o or • s. i . s! NI i s .,r \ A— ‘.. i a tO 3 v - • U g• 4-a 1 c7 llo et -t- i r 4,.., ,..i. r� "This is to certify :hat this is the zoning Mao refered to in Chapter 1 MAP Ordinance Number 516 of the City of Ocoee, Florida." ' :' /,5 EFS,.-.7o'•• Date of Ordinance Ad SIGNED: t7 ' � Ma ATTESTED: 1,44.O gij...:z-3 City Clerk DATE: /V OV sl C 1 I - "This is to certify :hat this Official Zoning Map suoersedes and rept Official Zoning `flan adooted by the City of Ocoee" SIGNED: r✓ c `''`c,."`! IG Mayo IATTESTED:i.&<4.4ad--.5 , L `.tv C,Ierx V WVICES DATE: £ / t0✓ d-ai _41 C :AND WAREHOUSING _ _ . , .ii ; , , , , I '------fr.-. . sonsmim -- 1 . J._, k _• R7 ii ! 0 . ti 1 i 1 %.----, ii __ . R— ;t. i ; - . ..,Hit __jwi ,421 t21 -- -i=1 .y.L. pr-- . col 4., . ..,- "'--••F R A AMU '‘, -! - • .....• e ,1.7: . - .,.:.'....'11.:;, .,'..I..);2:.....;...4 : I I ... 1 ; ,,,,, t. .t. . ,:. •'..."."v07,. .4. .,. 11::? , ............,_____ ;.•.-• -....,. -.. .. "t 1 - •-••..: - ....; . , ;...:i -•.•,::::: . R73 til- . • • 1 I :, *:‘n' : •AKLAN gg ' ••-• .11 It L 44 -.- i 4- ,• „---,,,;_,,:”.. tt_i 1 ; 1 ,\Tip.e ‘..1 4.4e. ; amp ORANGE CO. • - '.:- ...,,.: ,.. .\4;.....• I'.n. 1 ;!1111 • . ; " I; 1 I 4. A. • ,..11i•... : - ,- - • 1 .? •• ,. . 'd5 ti r--1 ..... 11121W- 1 A • R1 a 1 • -i 1-2 • 1 . —..7 - •-• - ---- - •idifia., 1 I I i n , . 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I. c..34 l'si vc: -- vi, ^3 1?'inat t r fi' 3.8 t'l A . _--i ZO •A thk. • _,..s..,,,, .....1-\.:.:______-__ .----- - lie G--- . -IIIIIIMI•11111•1 - IP _ . --__........,\ 7.-:,--- • . : . . 4.3 '" ,..t....". ..,- i• i t_-). . OCOEE I .' ' / 0 I -..ep P. 7,5'. .: C-3 .1 . ,...„...,/ , . ••••• j ' a•,,,1;` all' / I . . . • (. . .. La JA - ..is--/ . .....9 • C-2 '• 02.1-01 . . . 4P.I...rj'l i'7 1 . ....r. ...' _ i' - I . . N. --- . •,.._ a". -. 7 -. • ,----_____ , . /-7.--•r/( c.dcx/M9 x4., /vow / 7 i�i ••i �� J�•r Seca+d lPc�d.+� 4i .04c 77 )( )RDINANCE NO. 4 \ CITY OF OCOEE, FLORIDA AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF CER- TAIN AREA WITHIN THE MUNICIPAL BOUNDARIES; MAKING FINDINGS OF FACT; DESCRIBING THE PROPERTY TO BE REZONED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Planning and Zoning Board of the City of Ocoee, Florida, has made an independent examination of the zoning classi- fication of the property described below and has determined that the zoning classification should be changed and made less restric- tive; and WHEREAS, a public hearing as provided by Section 6 (2) , Chapter II, Appendix A of the Code of Ordinances of the City of Ocoee, Florida was held on the question of zoning of said parcel of real property described below after due public notice; and WHEREAS, the Planning and Zoning Board of the City of Ocoee, Florida has recommended that said parcel of property set forth below be rezoned as indicated; and tiOleWHEREAS, the City Commission of the City of Ocoee has made an independent examination and has determined that the zoning classification of the parcel of property as set forth below is in the best interest of the City. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE: Section 1. Pursuant to the authority of the City Commission of the City of Ocoee, Florida, under Section 6 (3) , Chapter II, Appendix A of the Code of Ordinances of the City of Ocoee, Florida the following described parcel of real property shall henceforth bear the zoning classification as indicated below as defined by Section 9, Chapter IV, Appendix A of the Code of Ordinances of the City of Ocoee, Florida: To be zoned C-3: Lots 6,7,13,14,15,16,17, and 18, Block C, of Hickey's Subdivision to Ocoee, according to the Plat thereof as recorded in Plat Book G, Page 69 of the Public Records of Orange County, Florida. Section 2. This Ordinance shall become effective immediately upon passage by the City Commission of Ocoee. ENACTED THIS 9 DAY OF oaC00144:6► 192 CITY OF OCOEE, FLORIDA AT JEST • C� C -? =off_ _ . 33 CPA-95-1-2.16 The subject property is located on the northeast corner of Bowness Road and the CSX Rail Spur. This Amendment will correct the FLUM to depict a commercial area which predates Ocoee's zoning map archives that extend back to the 1970's. The City is correcting a Scrivener's Error that appeared on a 1990 zoning map and was subsequently transferred to the FLUM. 1989 1991 1991 FLUM Proposed Existing Size Zoning ELUM FLUM Zoning Existing Use 0.32 C-2 Residential Low Commercial C-2 Commercial acres Density Storage Residential The FLUM is being revised to depict a commercial area which predates Ocoee's zoning map archives. The odd shape of the subject property follows the CSX Rail Spur along the west and as such has historically been a natural choice for commercial zoning. The property is currently used as an outdoor commercial storage area. The incorrect zoning appeared inadvertently on the 1990 zoning map. The previous draft of the zoning map was one large sheet and the 1990 version was divided into quarter sections. It appears that this change in mapping contributed to the mistake. In addition, this is an oddly shaped zoning district depicted with few letters indicating the districts on the previous version which might have also contributed to the error. During the same time period, the City had different consultants revising both the zoning map and the FLUM. This action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. If the Amendment is denied, there will likely be an administrative hearing pursued by the owners to allow them to continue their existing commercial use. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. For additional information, several iterations of the City's zoning maps are attached. It is unclear when this parcel was first assigned C-2 zoning. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. L City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95- 1-2. 16 Map Modification Location: Northeast corner of H.M. Bowness Road 8t the CSX Rail Spur Size: 0.32 acres Proposed Change: From: Low Density Residential (<4 du/acre) To: Commercial ‘4,4,:veglmL -Nk.=RI \I N-N§ ,_§,4Nm f„ ...., , \ 01 f4§ N NI t ,,,1,7,-4„aki a f 4 , \ -m•i ..L4,116,11&, kb,1111111 iilkk 41, Nx. ..s,m... kzi,_____,_,,, .NS NI -1 i 4 zil N...N k ii% t k E.. _ ii Li" ti. �'• "a"�",,"ah':' "6 �� \ STATER 4 asiwW"0 "��'. '44yph. i►. a"Y qyy rohn.�1, �. _� 14 wt ., k fo. 49.,: , '9,:'1,,,\,,, ri .s, ',4 \ Nk 4°''\ r//' \„x�\\ IS �M�q,","a q'qa a,� sa ti 1/4, '9a, \\ Ille \ \ \ 4q, \ y 4 �,� i Ast 't N, b,,, ,`"tib"94„ ',.I y, y hh, til ," qa `, ,a , a,.4 "ayy4 y'4µy'4'ah, h a e'4 W^pa 4�'41/4 yr III / _ b `e y ' a as ', ah ` „4:\ M as qIe �h. 1/4. 9,9 .: - ,,,,,4:, R.6 h. b.4i '46. a Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to change the future land use designation of the subject property from Low Density to Commercial. The subject property is developed as a storage yard for a small business located to the north. Prior to the adoption of the Comprehensive Plan, the property was assigned C-2, Community Commercial, zoning. The City's 1991 FLU Map was intended to be consistent with the City's 1990 zoning map. For an unknown reason, there was a mapping error which extended the Low Density designation too far north. This Comprehensive Plan Amendment corrects a mapping error of unknown origin by changing the subject property's land use designation to Commercial as originally intended. Factors supporting this Amendment include: (1) the existing development pattern; (2) the property owners rights; (3) suitability of the area for community commercial uses; (4) consistency with the zoning map; and (5) proximity of the railroad spur. Page 33—A (...„ "This is to certify that this is the zoning Mao refered to in Chapter 1 MAP Ordinance Number 516 of the City of Ocoee. Florida." /5' . E14, ' 7o Date of Ordinance Ad SIGNED: Wetc, ►'1__ May ATTESTED: 1,44../4.44.,;‘). City Clerk (..' DATE: .2 /l/ov 82, 1 "This is :o certify that this Official Zoning Map supersedes and rept: Official _;Ding `:Mao adopted by the City of Ocoee" :SIGNED: " ,___.1.,,il? rter�/ 1 'G Mayo - I �T ST--:f `.�a"".9`. :I ' -:tv .erx \.) WVICES DATE: r_ / 1011, gos.-,z;:--; 7. It t C c _ AND WAREHOUSING j i., a�� i f l _'im !, j j R-1 I R-: 31 � f -• { (Iv f • _�.F�N � • 01 is ,R, i I i i a �u _r w i. .-Y I I ++ f31' 4::5.:f...7.4 L L tir •AKCAN• 1 i.- 1 , ORANGE CO. !�` ''�v''"i ; .,\,J' ;I , i 4. f'9.1 r,C; • R I -- E Il....-5'- ysr _ j ' FLORAL Si. . ' , 41 : . .. .> � Cal --'•••-•• 1 i R-,1'q- d.., -o-ss3- E--,--- L_ J ( � �^ OHIO ST. : 1 Iiii. / -1 i I 1 : op L. . :t , ji \ , , 1 ' � T , I i L_- ! DEL , ) TT i—1 I .• t I T I i r!9 . a..� C - Wz? �i/'Q -3 i L—_ F\\,.. .:40 I WAS Ic\ I.'.......:'') ,IP:'''. •.\\N' 1 i f ENTERPRISE ST. _ti L oRI- ., L . . :_ . . I . I . I . - .....e.eel),/2. .\ 1 Te , 4 1 • I L • WI �aPITOI C- . 21 IQ = 1-2 mi — o� .i •-Y ,f I H 1 \ i --� - I C., , ' .= = OFFICIAL ZONING Mq p- ' _----�_--- r.. ZONING DISTRICTS A-1 GENERAL AGRICULTURAL I A-2 SUBURBAN �ea�— �' ' I� R-1—AAA SINGLE—FAMILY OW , , 6 J FLUNG �— S R-1—AA SINGLE—FAMILY DWELLING • —1 I /d/14.24R"1—A SINGLE—FANt?DWELLING • ..— __. _ i — \f R-1 SINGLE—FAMILY DWELLING -- TWO—FAMILY ONE—AND WO-FAMILY DWELLING R-3 MULTIPLE—FAMILY DWELLING . + SHOPPING C-2 .' PROFESSIONAL OFFICE AND SERVICES R—T-1 MOBILE HOME SUBDIVISION I 1 111111 C-1 NEIGHBORHOOD SHOpp C-2 COMMUNITY COMMERCIAL ` C-3 GENERAL COMMERCIAL I I-1 RESTRICTED MANUFACTURING ANO WAREHOUSING —111 I-2 GENERAL INDUSTRIAL PUO PLANNED UNIT DEVELOPMENT ZONING DISTRICT BOUNDARY liti/Itilltrily MUNINCIPAL LIMIT BOUNDARY C ,.. .- CITY OF OCOEE iiIi-Ii::- ' 22• FLORIDA • �ec1.Pd Ct eou,d a r•-es -VP 7 - , . • . ,,.,,, . _ _____ _ ,f . � J i - =z- ---TJ .i - •0"--__-� 04 Z.51 _�� r .. ..• ''. :.` ,;(- 'z .-1-4.'e-1►`�J f4.IL�+f}QL1{in le--"-- -i+�1J•-i r'`'1 Q -tlj • ;t` ir. •rw r^ •�; i •w 17u-; +-?2 �i(.; �. _X.1' I�� 7.1..4.41r �1 ,fit M Y 7.•"• I( �� f♦-'Srl -.1 �l" ir. t� 0_.••-•::4l !—r fr ,..1%,-.;i:-t;:,-•-•,:.* a.. _- - ..."1,.. = '1;'J6:t,•, _S�` ten' ti r �• :.�'•:;g._ l '1 .',yl .•.c'('^;.•.F•.•4' '`e`.I•..� ^+ r�..3– .) - ,• :c. M� _frliJ�i _ fid+ 1-r -. -.- t W. 'SA--'�'�' ! • ,•...�•'. ak — =•+•e RUM' 1�' ��'�11 f C, r•., {11 PI I B m d!7—Iv`±, , ,�r.�.•_ -,e, �plii�/ P , C.. 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'....--:. •....1 ip•*•- t "�1�• -�� - N 1- 4.y .r.t. .S '1• i• /._ i ®-MI WEI _ I I me LrliiliL.'>�=wiz .itit,_^ ' - V.A ,,. • SPI; :.. -...-- — - ..' •J• ""'-'••1 .•' mos ... ....j. 1 --•Are ;irticer,..s 1, __ . A,41/4.,, -.."4„..,040fikLith.;. • --- .- r.•�:,,: ,`:ca�'n,., 'S L' --r I l t . ' -4::-::.- 4 y r . 10#F � iShWt __ `"� . I k � ® ..? + " 5' ELZEIMENSIC 1"•1 -- t .._ - / r+ •, cj•=. ; - 41 ''".1;, +.:1 .111 :1....-. , rte deic.r111*11Y 1H AAsl.•••;.....-�.r ! it i • 1 { I I'{ j IAso I I- ' I r . • 131.111._Alt. , ( \J • .r = O I • �A .E , • , i. EMI • I • F-2`:• = I 1-t R-tl` � 1 I ■ r.1tc • I P71 II . . -" —- 1 I owwnc�ca". -3I �;a111 kri G3 :rte- ` r .i1 :7.1-7-, ,.. i • ...i ,r Allikiii -illiggi'l - '-'. 17 -..-- '1. • 51 � \Y`i . Iii • • R-3 . ______,( - - " A A .,_\4,14,: :: :_;,._..-.._- _ L.,'. 11" 4 (3Cr;'. • I \gt, l i':-'ssg. •-- % ,e0 . 137'.12.1. A ,„ ._ 4,.... . ..,,, , , , ,r,,...4 el z3 t., - t A..—.0, ,. •::,_ _ v______:_.. ._ til.• �;� j _ • - -_ • - ......__r____.-..-.1. WIT 1 I I - _- _ ... - � I 1 I J OCOEE fl G I _ �D Y� Ka' R I - �� d-1____: / 1 -''-„—e.,....). ,fit•.1_ 3j • y •:4�T . .....2i?* 34 CPA-95-1-2.23 The subject property is located on both sides of Clarke Road, just north of West Colonial Drive. The City is administratively revising the FLUM to correctly depict the C-2, Community Commercial, zoning approved by ordinance #90-31. The annexation and rezoning were approved prior to the adoption of the Comprehensive Plan and were meant to be reflected on the FLUM. 1989 1991 1991 Proposed Existing Existing Size Zoning ELUM FLUM FLUM Zoning Use 9.76 acres A-1 Vacant High Commercial C-2 Vacant (Orange Committed Density County) and Residential Conservation The City was in the process of revising a number of maps and preparing the Comprehensive Plan and failed to correctly depict the C-2 zoning of the subject property. It appears that the mapping technician referred to the wrong rezoning ordinance. Subsequently, staff realized that the area was incorrectly depicted as High Density rather than Commercial. The correct land use was reflected on the approved ELUM and in the land use model, using development order data. The City transmitted this administrative FLUM amendment to reflect the C-2 rezoning granted by ordinance#90-31 and the proposed use of the property. This action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. Should this Amendment be denied, there will probably be an administrative hearing pursued by the owners. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. Copies of the zoning ordinance and zoning map are attached for informational purposes. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. C City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2.23 Map Modification Location: Both sides of Clarke Road, North of West Colonial Drive (S.R. 50) Size: 9.76 acres Proposed Change: From: High Density Residential (8-16 du/acre) To: Commercial 4 6 4 \ •�� - ,,,.. ,t ,k,:;,,,,,,,,—,,, .may `'. Rp9n�'aa,."'apt R ,L.',, 4- M ' •\ •`• sS1,,. v II ,Ibt\i r ,_ , . 4, , \ r \• ,,,,,, 4,... , ,j / „,,, • r , \ \ a,,,,- ,- . ,,,,„wo, ,, /, ,„, . ,.._ • , , ; k .., 1.11111.1111111111111111 ��r11111111111111111111111111111111 _\� . DCS& .,,,... :, //Ilk .11,, 1 �� �► moi. ilmomi / K,.. "i „,,,,,, ,,,,,,, %/.. . /////, Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to change the future land use designation of the subject properties from High Density to Commercial. The subject property is vacant and undeveloped. In 1990, the property was voluntarily annexed and found to be consistent with: (1) Chapter 171, Florida Statutes; (2) the Ocoee Comprehensive Plan; and (3) the City of Ocoee annexation criteria. Shortly before the adoption of the Comprehensive Plan, the City approved the annexation and rezoning ordinances. The City's 1991 FLU Map was intended to be consistent with the 1990 zoning map but a mapping error mistakenly reflected a High Density Residential designation for these parcels rather than the Commercial designation. It appears that time constraints are responsible for this mapping error. This Comprehensive Plan Amendment corrects a mapping error by revising the future land use designation of the subject property to Commercial as originally intended. Factors supporting this Amendment include: (1) site accessibility; (2) suitability of the area for commercial uses; (3) consistency with the zoning map; and (4) the original intent of the City Commission. Page 34-A - 51 (le 1 1 ml n ;S i C cv. ' = I � c II 1 ;? i sq- I I �1 '� Al _ L ! I flrr .0 1 f • � 1 I •� -- 7 '1 a. I t ` • 1; .1.,.!1 • • .yam r -- • 1 al • 'w � $133 vmlegea*s • . - • I , q g I • I • j 9 2 iigii g, s 3z 1 Zll4 7 #•qi I j� 3 3 1 i1L ? i 11y S 1 ii s - ... .. _ >: ice— ri :» 0.1111 .-----.................. ...........................r.. r......... ........................ r.rr..r..rr....-..�.r..rr....r 7 CI O1 .......... .......r.-r--r�---rr..--.- S 1 _ 71 .- �- i .1 1.. OI • t .1 .O r1 = • _• O • •1 ... 0 r. • OI it f VIS t OI x' I V MI • ORDINANCE NO. 90- 30 CASE NO. 1-41AR-90 : WORSHAM �- AN ORDINANCE OF TEE CITY OF OCOEE, FLORIDA ANNEXING INTO TEE CORPORATE LIMITS OF TEE 1.4 CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY LOCATED ON CLARX ROAD AND 500 FEET NORTH OF STATE ROAD 50 AS PETITIONED HY TEE PROPERTY OWNERS; PROVIDING S FOR AND ADTEORIZING TEE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO TEE CITY CLERX; c PROVIDING FOR SEVERABILITY; PROVIDING FOR �1 CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171. 044, Florida Statutes, the owner or owners of certain real property located I a�_d in { I Il unincorporated Orange County, Florida, as hereinafter described, ~� + •• have petitioned the City Commission of the City of Ocoee, Florida 7 ("the Ocoee City Commission") to annex said real property into the _ 3 corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ccoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City cfCccee, Florida; and ,}0.A.;77 WHEREAS, notice of the proposed Pexaticrn�:^mss`-"-?� en published pursuant to the r*--,4 -ements of Section 17_. 044 (`) Florida Statutes; and WHEREAS; the Planning and Zoning Commission of the City of Ccoee, Florida, has reviewed the prcosed annexation and found -t to be consistent with the Ccoee Comprehensive Plan, comply with • --,b? e r=.--•- -ei ents c f the Cccee City Code . andto be in the best interests of the City of Ccoee and has recommended to the Ccoee City Commission that it approve said annexation petition; and WEERE AS; the Cccee City Commission ion has the authority, pursuant to Section 171. 044, Florida Statutes to annex said real property into its corporate limits uponpetition of the f said real proper-v• and WHEREAS; the Ocoee City Commission is desirous of annexing and redefining the boundary lines cf the -...r City c= Ocoee, Florida ,_ iato include said real property. NOW, THEREFORE, BE IT ENACTED BY TEE CITY COMMISSION OF . _ TEE CITY CF OCOEE', FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Ccoee, Florida has the authority to adept this Ordinance pursuant to �y __c e �%_- c= the Constitution of the State cf Florida, Chapters ".31-3-•J; 166 and 171, FloridaStatutes, and Section 7 cf "t Article _ cf the ,;... Charter of the City of Ocoee, Florida. o Section 2. The City Commission of the City of Ocoee, Florida hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ccoee, Florida, bears the signatures of all owners of the real proper-v proposed to be annexed into the corporate limits of the City cf Cccee, Florida. Section 3 . That the following described realocerty located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the Cityof Ocoee, Florida : SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A ?ART HEREOF (hereinafter referred to as "said land") . Section 4 . That a map of said land herein described which clearly shows the annexed area is attached hereto as Exhibit "B" and by this reference made a part hereof. Section 5. That the corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 6. That the City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 7 . That said land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws , ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section S . :f any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for env reason held invalid er unconstitutional by any court cf competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not a= the va_id_t_•• of the remaining portion hereto . Section 9 . That all ordinances or oa=ts of ordinances in conflict herewith are hereby repealed. - Section 10 . That this Ordinance shall take effect uten passage and adoption, and 'chat t hereafter the City Clerk is hereby to file a cert-"id copy of this Ordinance withthe clerk of the circuit court and the chief administrative c= Orange County, Florida and with the Florida Department of State. a PASSED AND ADOPTED this ti o` ' day of , 1990 . ATTEST:T: - A2PRO4ED: CITY CF OCOEE, FLCR=DA �....-/ .J✓ • \ i^r /^ :_AN G?AFTON• ,City Clerk LES ER DA3BS, w (SEAL) ADVERTISED ON November 1990 AND November 15 , 1990 READ FIRST TI_w' October 31 , 1990 • READ SECOND TIME AND ADOPTED • hlv�� �.n..� � xa , 1990 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FOR' AND LEGALITY, 1TH;S 1U' Ls, DAY OF /U 1990 APPROVED BY THE OCOEE CITY FOLEY & r�ARDNER, VAN DEN BERG COMMISSION AT A MEETING GAY, ByI„CWILSON & ART.N HELD ON A)0E.tr ,c-»2 � 1990 Sy: % -' L /} UNDER AGENDA ITEM NO. 7/ _ City Attorney 2 C CASE NO . 1 -41 AR- 90 : WORSHAM LOTS 9 AND 10. AND THE NCR77-i 1/2 OF THE 30 FOO i ROADWAY L YNG ADJACENT TO i HE SOUTH LINE i-fEREOF, ORLANDO GROVES ASSOCIATION, LAKE LO TA GROVES. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOCK E. PAGE 52. OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE A7 THE SOUTHWEST CORNER CF THE SOU i riWEST 1/4 OF . SEC ;ICN ;O WNSriP 2? SOU r•', RANGE 28 _A c'i, ORANGE COUNT" I A. FORA POINTOF CRUNC. �OR D ;<�. "-cam:VC�, i�-�NC� N �_ 47' w 2 ALONG THE SO(, i r= L'NE OF SAID SOU i r;`NES i 1/4 1„2.;. 74 FEET TO i r.E WEST LINE CF SAID LOT 8; 1-HENCE RUN N CC' 11 ' , 2.:w W ALONG SAID WEST LINE BEJ.F.E7 FEI"7 70 A POINT ON THE CEV i ERLINE CF A SC ;OCT ROADWAY L`?NG SOU;r.• CF AND ADJACENT TO SAIDLO ;S : de 10, SAID POINT ALSO BEING THE POINT CF BEGINNING; T''HENCE CONTINUE N CO' 1 1 ' '73" W, ALONG THE WEST L'NE CF SAID LCT 9, c c".;.8 7 F7-=T TC ; NORTHWEST CORNER CF SAID LOT c; 77;=VCE RUN N _S' 05 E. ALONG ,,-� NOR77-i .NE Cr.. c r OTS V664. 10 -:7=-77 TO ' NOR77- F,4.--771 CORNER OF /�f.. .-.i r1 •�.. � i r` 1 � 7 r`.,'�,r � vv� � L. v� s I .ENCS UN S CC- CE- '7" _ ALONG 77-i ='ST LINE CF SAID Lv T 10, 564. F--"R7 I O 77- F.' CEN'C RL'NE Cr SAID 30 ;OC i ROADWAY; ;,HENCE RUN S 89' 45' E8" W, ALONG SAID CE.V'=INE, 66'7.98 ,R="77 TO THE POINT CF BEGINNING. .., EXHIBIT A • :IR l 2 !' a °G0cq � ANNECXITAYTIOOIFOCOEE \I PETITION! CASE NO . I -4 1AR - 90: WORSHAM .. "....1 .- 1 CLARK ROAD . • ' . 5 • :., 1 .44-.11 . . 77-,44;_rl'illt;nir# 1. • -II • il •f l'Iti1". \ : . -. ., . -- I" I - :" -'7: .1 . -i„. .. ( 4 . - .7.. . :, :rirwr 7 r •L.-1-- 1.1(.1 , r:L.,.. . I ..= ........_== .::::;:it ---- —--------1.'-------177 -•1....: ::.:.. H,. ,,T17,1-447,7,171,— _ 1 ASE NO. 1 -41AR-90:WORSHAM ;1:1- :::' , 1 :-.7;........ ,1. ,.. •,, : • r = ._ _ ii‘ ,,. - -i___ _:- . - --- Hi ris,,,f;7.....::.:-... • i:.!Z—:..P.:*'.;;..!r.1! :f 4 ii,l; k 1 _ I 1 ,- -4 . .. . • - ' —' .. ....i 7--c--77.-- - --:-I::7:7" 7ZI17.2. . IG714C5 0 • •;- .-----. .... •!1. J ,,. . I ..s I ; is--- , II efii. I ''t.:: / , I . - I t - ..-... I i : 1 ! 1. / ..- 1 E . ..::-..._1 737 I ""''''.;: ••:. :•:•:—. ,\ ‘i ' ./ — : • . H I ! \,•\• ) ; ! Vi Ifoti,. .• ' ' •)\ ‘i / . .6 ,. . . . ; . : riC---- _. 7 tS 1 7*/. ::::U-I 1 r/i 711"7117:ii7:::,11:7.i r• . • II -::1 I ; . :I . , I[ • 1 EXHIBIT B L ... .. _ ..-,,........ _ JR -2 '-'- '7_, 1. 000 __-,----- ,:.../tricire440. C4gintlf:sapplaner ,.. v wall,"Cd47t, • ORDINANCE NC. 90- CASE NO. :-41AR-90 : wCRSHAM f= AN ORDINANCE OF THE CITY OF CCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY AG, Agricultural District TO C-2 , COMMUNITY COMMERCIAL DISTRICT ON CERTAIN REAL PROPERTY LOCATED ON CLARK ROAD AND 500 ?HET NORTH OF STATE ROAD 50 AS PETITIONED BY THE PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INC0NSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City cf Ocoee, Florida has cn the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida, as hereinafter described; and WHEREAS, the owner Cr owners cf said real property ("the Petitioner") have petitioned the City Commission of the City cf Ocoee, Florida ("the Ocoee City Commission") to rezone and establish an initial zoning classification for said real procerty of C-2 Community Commercial District ("the Zoning") , and WHEREAS, pursuant to Section 3 .2 of Chapter -' of Appendix "A" of the Code cf Crdinances of the City cf Ocoee Florida ( "the e Cccee City Code") , the Planning Di= -- has reviewed said petition and determined that the Znitial Zoning requested by the Petitioner is consistent with the ' 979 C ..7.7 of Ocoee Comprehensive Plan as set forth in Ordinance No . 7 �, adopted April .5, 1980 ("the Cccee Comprehensive Plan") ; and WEZREAS, said pe-' L' -n and zoning recuest was sche^" ter' for study and recommendation by the Planning and Zoning Commission ion cf the City of Ocoee, Florida ("the Planning and Zoning Commission") ; and WE''REAS, the Planning and Zoning Commission has reviewed said pe`• ^n and the requestedInii• a, Zoning for t the tee. .. consistency with e CcoeeConcret_ens_ve Plan and determined that the initial Zoninc reccest_d by the PnT' ^ner is consistent with tiee Occe Comcrehens ive Plan and is in the best interest of the City and has recommended to the Cccee City Commission that said real coerty be zoned 0-2 Ccmmun_v Commercial District as reales ted by the Petitioner and that the Ocoee City Commission find • that the Initial Zoning requested by the Petitioner is consistent with the Ocoee Comprehensive Plan; and 7 2 - o`. WHEREAS, the Ocoee City Commission has held• d a de novo public hearing with official notice thereof with respect to proposed. zoning of said real property; and WHETS, the Ocoee City Commission has determined that tae Initial Zoning requested by the P0T4`icner is consistent with the Cccee Comprehensive Plan; and i WHEREAS, this Ordinance has been considered by the Ocoee C: 'r_tCommission in accordance with the procedures set forth in Section 156. 041(3 ) (a) ; Florida Statutes. NOW, THEREFORE, BE 7.7 ENACTED BY 7E2 CITY COMMISSION OF 72E CITY CF OCOEE, FLORIDA, AS FOLLOWS: Section I. The City Commission of the City of Ccoee, Florida has the authority to adopt this Ordinance pursuant to Article v_" of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. Section 2 . That the zoning classification, as defined in Appendix A of the Code of Ordinances of the City of Ocoee, Florida, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby_ changed from "Orange County AG, Agricultural District " to C-2 Community Commercial District SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Section 3 . That the City Commission of the City of Ocoee, Florida, hereby finds the new zoning of the lands described in this Ordinance to be consistent with the Ccoee Comprehensive Plan. Section 4 . The City Clerk is hereby authorized and d' - e--ed to revise the Official Zoning Mao cf the City cf Ocoee in order to incorporate the zoning amendments enacted by this Ordinance and the Mayor and City Clerk are hereby authorized u� to execute said revised Official Zoning Map in accordance with the crcvisicns cf Section _. _ cf Chapter I__ cf Apcendix A cf the Code cf Ordinances c: the City cf Ccoee. Section 5 . All ordinances or parts cf ordinances in con=; • herewith are hereby repealed and rescinded. Section 5. Severability. =f any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid Cr unconstitutional by any court of competent Jur sdictcr, such portion shall be deemed a separate, distinct and _,dependent :vision and such holding stall not affect the v=7 ""71. cf the remaining portion. hereto. Section 7 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ,7. '1.11\. day cf Nov ,; =t 1990 . APPROVED: O__v Cr OCO_ , FLORIDA JEAN GRAFTON Clerk , JR. , MaY - , �.�� �As..s ) (SEAL) 2 ADVERTISED ';ovemoer 1990 READ F:RST :: Ir-^n-t.. 7 ; 1990 READ SECOND 'TIME A140 ADOPTED 1990 FOR USE AND RELIANCE 'ONLY BY TEE CITY OF OCOEE, APPROQED BY "'at' v T APPROAPPROVED AS TO FORM AND •.•-• OCOE^. CITY VETHISrl COMMISSION AT A MEETING DAY OF 4 9 9 0 ESLD ON A)0 d tm ,36-ie. , 1990 UNDER AGENDA ITEM NO. v r £ . FOLEY LARDNER, VAN DEN BERG, GAY,/<BURXE, WLSON N City Attorney C Lir 3 CITY OF OCOEE PROPOSED INITIAL ZONING CASE NO , 1 -41 AR - 90 : WORSHAM ,,a _ _ • CLARK ROAD '• I _:1`���� IIIL L -._,. i-j7 , '-- (_ 1I "1 ,_ _ -{j ' -)1;i:1„-2-‘1.,-L „1\—f1=;-• — -,--,''''&."04) I- . r �ITI-H+1I. I ' ��-t ��''''��mn an � 1 , • .� I I � IIIII � �IIi�i�- .:: I u I I. 1': .. - 1:- . •-17 -1 • ASE ISO. -41AR-g .., _., -�I , C O :WORSHAM. ._...a I u I ' T• " --�... -M V it Le . I ,..flu... j Ii' \. / !I r � - i ---IL- �-. °c l l_ i '\ \ •- — Il ! \ • EXISTING ZONING AG PROPOSED ZONING C-2 L EXHIBIT A • " ?c,.. , for U.. - _ L CASE NO . 1 --41AR -- 90 : WORSHAM LOTS S 9 AND 10, AND 77-IE NORTH 1/2 OF Tr E 30 FOOT ROADWAY LYING ADJACENT TO Ti-:E SCUMI UNE 77-tEREOF, ORLANDO GROVES ASSOC/A TION, LAKE LC T7A TROVE'S, ACCORDING . TO tr,'E FLA i rE EOF AS RECORDED IN FLAT BOOK E. PAGE 52. OF THE FUEUC . ^" RECORDS CF ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOL' OWS_ COMMENCE +A i ECU!.WEST CORNER CF 77-E S CUir,'WEST 1/4- OF . SE ,CN ' WNSi-7 SCCr. ' '. RANGE "7E 5 7, GRANGE COUNTY, LCRID,;, FOR A . CIN 7 CF R `VC` EN CE RUN N 9" ALONG 77.-E SCUT r,' UNE OF SAID SOU i riWES i 1/4, 1.323.74 TO :E *-='s L'NE CF 5.:.,''D LO- E: T-1ENCE RUN N 0C 11 ' 2j AL:NG SAID 'r ST L INE ....:.E F7- 1-7 TO A POINT ON CEN-E, cRL'Nc CF A JO FOCI i OAWA Y L YIN G �(. GF AND ADJACENT C SAID L" r i� SAID 01VT ALSO ��NG ir' POINT CF BEGINNING;_i`, C^ CONi N CCI 1 ALwNG 'NT= Cr S.-4 . .5,- - - v_CR_ -- . —_ r- ; �, - c. r i r iN" i CCi-t CF 5 -10 LC; N -,_ -i-4" CA- AL-NG 77- :" SAA _O . _ AND 'C, 664. iC TO Tr.'E NORM:.EAS; CORNER CF v VI .".AID LC i 1C:7: %fEVCE RUN S 00" 05' 37" r=, ALONG 77-iE FAT. , ONG SAID ..C, ..r2i ROAD�,,,::Wr: Y; :�E:�CE RUN S r?C" = � SC� W Ai CENTS L'NE, 662.93 _E- 70 77-45 POINT CF BEGINNING. EXHIBIT A 1 � 1 35 CPA-95-1-2.24 This property is located on the northwest corner of Division Avenue and Old Winter Garden Road. The 1989 P-S, Professional Service, zoning granted by ordinance #89-29 predates the adoption of the Comprehensive Plan. Accordingly, the FLUM is being administratively revised to reflect the P-S zoning. 1989 1991 1991 Proposed Existing Existing Size Zoning ELUM FLUM FLUM Zoning Use 5.28 acres P-S Vacant Institutional Professional P-S Office Park Service This parcel was annexed and assigned an Ocoee zoning of P-S in 1989 while the City was in the process of revising a number of maps and preparing the Comprehensive Plan. The zoning map is also incorrect due to another Scrivener's Error and it depicts the subject property as commercial. However, staff used the correct land use for the land use model, using recent zoning approval data. This is a true Scrivener's Error since the time frame and the proposed use of the property were not mapped correctly but were known to City staff. In addition, the impact of commercial property would exceed the impacts associated with professional office property in many instances. Last, the proposed medical offices are collocated with the Health Central Hospital which is a highly compatible land use scenario. The City transmitted this administrative FLUM amendment to reflect the P-S rezoning granted by ordinance#89-29 which predates the adoption of the FLUM. The City is administratively correcting its previous mistakes. Again, this action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. If the Amendment be denied, there will likely be an administrative hearing pursued by the owners of the parcel to allow them to continue their existing use. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. For your information, a copy of the zoning ordinance is attached. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2.24 Map Modification Location: Northwest corner of Division Avenue 8t Old Winter Garden Road Size: 5.28 acres Proposed Change: From: Institutional To: Professional Service _m.k.1 f(91 MI 0 N I 47-70A111 , Ig_silli ,k116„ ,,,.....m. 4.„ , "*Itqlor ,er ,W , A' „ ,k , .,..... / "dc." d% di 11 / ,L11 ikiki,k 'er'e,i'e /,Ale / ;, Mill 4 OLD W/ OLD W /� � i , / 111 qI rER At.- ,,! R �, lir Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to change the future land use designation of the subject property from Institutional to Professional Service. The subject property is undeveloped and has an Ocoee zoning classification of P-S, Professional Office and Services. A mapping error mistakenly reflected the Institutional future land use designation extending over from Health Central (hospital) onto privately owned property. This Comprehensive Plan Amendment eliminates a mapping error by revising the future land use of the subject property to Professional Service. Factors upon which this recommendation was based upon include: (1) the property is under private ownership and is.thereby unsuitable for the Institutional land use designation; (2) proximity to Health Central; (3) current zoning; and (4) a Professional land use in this area buffers nearby single family residences from Health Central. Page 35—A it • 4L, ORDINANCE NO. 89-23 FIRST READING: AuCust 22 . 1989 SECOND READING: September 19 . 1989 Sa.5t2n?]RpNGc CO. 45_ )Hn 09129i8? CASE NO. 1-3ACR-89 :7OSS OR4II9PG189I AN ORDI_NANCE OF THE CITY OF OCOEE, FLORIDA TO EXTEND THE MUNICIPAL LIMITS TO ANNEX, PURSUANT TO FLORIDA STATUTE 171. 044, THE HEREINAFTER DESCRIBED LAND SITUATED AND BEING IN ORANGE COUNTY, FLORIDA AND PETITIONED BY GROVER H. VOSS, TRUSTEE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO TEE CITY CLERX; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Grover H. Voss, Trustee has petitioned the Cit? \ \= Commission cf the City cf Ccoee, Florida, to annex property located in Orange County, Florida; and 111.1 WHEREAS, Florida Statute 171. 044 of the General Laws of Florida provides that a munici^al corporation nay annex p rt- � � � � �ro�e_ r into its corporate limits, upon voluntary petition af the owners and by passing and adopting a nen-enercenc_r ordinance annexsaid � :� t., sa_ roper-y; and w"^..-.REAS, the City Commission cf the City of Ccoee is desirous of annexing and redefining the boundaries cf the municipality to �. _include the subject _ _oper-_r pursuant to Florida_ Statute ' 7, . 044 , : NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF TEE • CITY CF CCCEE, FLORIDA, AS FOLLOWS: SECTION 1. That the following described property being situated in Orange County, Florida, totaling approximately 23351 acres being the same as described below and as shown in a sealed 1 1" bcundarr survey provided to the C=tar, is hereby' annexed into the City of Ccoee, Florida, pursuant to voluntary annexation provisions c= Cha^ter 171. 044, _ _or_da Statutes and other apolicabl_ laws. LEGAL DESCRIPTION: All o= Block A, and Lots 12 , 14 , and 15, Block 3, of "Westover Farms", as recorded in Plat, Bock C, =age 120 , of the public records cf Orange County, Florida; tocet her with: A pertion cf the Northwest 1/4 of the Northwest 1/4 of Section 23, Township 22 South, Rance 23 East, Crange County, Florida, more particularly described as follows: Commence at the Northwest corner of said Section 28 , thence run South 00 25 ' 38" West 81.36 feet to the South Right-of-Way line • of State Road 50 ; thence along said Right-of-Way line South 89 53 ' 15" East 196.46 feet to the Paint of Beginning; thence continue along said Right-of-Way line South 39 sails" East 242 . 34 feet; thence run South 00 25 ' 39" West t 580 .80 feet ., to .he North line of said Block A; thence along said North line run South _ --=� 39 ^3 ' 44" West 342 . 34 feet; thence run North CO 25 ' 333" East 581. 10 feet to the Point of Beginning. 3.,,. F.!, /%' 9%3r=^Tr:: O. HAY`+%, .arid Fee 3 y•/% ;panic Councz Dnp Tax �,:r t otter / La: Tax 3 Total S /r• 7 /J Deputy Clerk Page Case No. l-2ACR-3 9 :'%CSS SECTION 2. That the corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 3 . That the City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 4 . That the land herein described and future inhabitants of the land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as ether areas of the City. SECTION 5 . Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity cf the remaining portion hereto. -- (we SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7 . That this Ordinance shall take *- umcn passage and adctticn, and that thereafter the City Clerk is hereby directed to file a cer-; .=d copy of this Ordinance with the Secretary of State of the State of Florida and with appropriate agencies in and for Orange County, Florida. I t" ENACTED THIS DAY OF , 1989 . CITY OF CCCEE,,,=LORZEA j, /; :iAYO R ATTEST: , i, 1 1 14'14j Irl .\_ CITY'. CLERX (6100 CR USE AND RELIANCE BY THE CITY OF OCOEE, FLORIDA, A2FROV'D AS TO FOR.`' AND LEGALITY: TEIS 142 '1 DAY of j=_JI cl""•3 2. , 1989 . FOLEY, LARDNER, VAN DEN BERG, GAY, BURSE, WILSON AND-771 CITY ATTORNEY ADVERTISED September 7, 1989 READ FIRST TIME August 22, 1989 READ SECOND TI_'2E AND ADOPTED , 1989 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING :SLD ON , 1989 UNDER AGENDA ITEM NO. 2.1.:A tw CITY OF OCOE E ANNEXATION P1.- 1- I -1 ION Case No. 1-3ACR-89 VOSS: Involving n 28 acre parcel located between Old Winter Garden Road and SR50 and 1800' east of Blackwood Avenue, as measured along SR50 • II II ; II ' II :,�, . n : ;I .: , 1-10ACZCT-89:Z0M --it -._a. 77.,- ----I. .... ♦••••• :1.+••p•, i•••♦•� ♦ ....•.... -— ♦.♦*••0"4*10.**1*4V4,°ei�♦14..4-1.0-444004'.. •••.♦.I J„•1--.-'---.—l--j;:-.i: 11,t"0.•4 •♦••♦•♦ •♦•♦♦♦♦ ♦♦ •,a•••a ♦♦•♦ ♦.•'" . ..t•.. ‘e:•t..•••..-,.w.—•.%.c. 1 1 • . •1),,,-71,- ••..e,•♦••♦♦ ••.• •.O ♦.♦ [„.A:,..•:.•,••V.i.._-. _,>><►i, ,1•♦46►4`4•>,,,,. ,7 ►.'� . -.. _. -- .•-.- , .. _ . ► (( $►;►j 1-3ACR-89:VOSS - ,:ii: 1-4ACI1-B9:VOSS //1� ilii I)�rj j-'' :, -' ----- - - _ _ II11 . ,.. .t1<<II _ [ ili :ii, , � �'I ._ ,_ _ .. ip ? <_ 1 _ ....____ t...i.oltj l--t ' frflllllll r111- _L11_11111 .11 , ,.► \.1-111._1111 I1.-.11[111.L! ►. << l - -- �_ rTrrriiiiliil_tl€Illttltll I - --- _-I -____ GR.4t19; G1893 RECORDED & RECORD v'ROIED Cur • • County Comptroller, Orange Co_E1 L CRDINANCE NC. 89-29 FIRST READING: August 22 , 1989 SECOND READING: September 19 , 1989 CASE NO. 1-3ACR-89 :VOSS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, • TO AMEND THE 1979 COMPREHENSIVE PLAN, PURSUANT TO FLORIDA STATUTES 163 .3187 AND 166.041, ESTABLISHING TEE ZONING CLASSIFICATION OF A CERTAIN AREA WITHIN THE MUNICIPAL BOUNDARIES; MAKING FINDINGS OF FACT; DESCRIBING THE PROPERTY TO BE ZONED; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Aro WHEREAS, Grover H. Vcss , _Trustee has yeti tinned t e City cf Ocoee Scar cf Commissioners for a Comprehensive Plan Amendment- Zoning Change; and, WHEREAS, the Cit': of Ccoee Board of Commissioners has annexed this _ cperty; and, WHEREAS, the Planning and Zoning Commission has reviewed the pe-. __ ,.n; and, WHEREAS, a Public gearing as crovided in Section 3-1, Chapter ` ^e- diX A o= the Coda Ordinances of t_e C_.. o_ Cc===, ,. ' .. 55 . 04' was on west :h S ....�:•.:� Statutes :7� 3�34 and t _, held the -- of -:g cf said parcel cf real trot :r described below after dueis b_ notice;:got ce • and, WHEREAS, the City Commission cf the City of Ccoee, Florida, has made an independent examination and determined thatg _the zoning classification cf the parcel cf real property as sat fort below is in the interests of the City; and, AREAS, the rezoning is consistent with the 1979 City cf Ccoee Compr'-=ensive Plan, NCW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CCOE., FLORIDA: SECTION Pursuant �.1. authority of the City Commission cf to 1 real the `,__I of Ocoee, _ -cr da, the following described parcel of real rcter=`+ shall henceforth bear the zoning classification as indicated below as defined by AmzendiX A of the Code of Ordinances of the City of Ocoee, Florida ("sealed" boundary survey in Case • TO BE CLASSIFIED: P-S, Professional Offices and Services District LEGAL DESCRON: All of Block A, and Lcts 1, 12 , 13 , 14, and 13 , Block 3, of "Westover Farms" , as recorded in Plat Book C , Page 120 , of the public records of Orange County, Florida; together with: A portion of the Northwest 1/4 c f the Northwest 1/4 of Section 28 ,` Township 22 South, Range 28 East, Orange County, Florida, • more cartioularly described as follows : Page Case No. 1-2ACR-39 :VOSS Commence at the Northwest corner of said Section 23 , thence ru=n South 00 25 ' 28" West 31. 36 feet to the South Right-of-Way line of State Road 50 ; thence along said Right-of-Way line South 89 58 ' 15" East 196 . 46 feet to the Point of Beginning; thence continue along said Right-of-Way line South 39 58 ' 15" East 343 .34 feet; thence run South 00 25 ' 39" West 530 .30 feet to the North line of said Block A; thence along said North line ruin South 89 58 ' 44" West 343 .84 feet; thence run North 00 25 ' 38" East 581. 10 feet to the Point of Beginning. SECTION 2. That the City Clerk is hereby authorized to update and supplement the official City of Ocoee maps to include said land herein described. SECTION 3 . If any section, Subsection, sentence, clause, phrase, cr portion pCr _Cn C= this Ordinance is for an:! reason held invalid Cr unconstitutional by any court of te competent jurisdiction, such portion shall be deemed a separate, distinct, and indemendent provision and such holding shall not the v ter of the remaining portion hereto . SECTION 4 . That all ordinances or pa=ts o= or.._-:a c d-_ n. es in conflict herewith are hereby repealed. SECTION S. That the City Clerk is hereby directed to file a c �^ Cory c= t--is Ordinance with the Florida Department cf Co......unt_I 3= -s i r.:ed_aze'_I =:.flowing its passage and rd adc,.L_cr.. SECTION 6. That this Cr dinance shall take effect 22 days =ollcw_nc its passage and adoption, and thereafter, the City Clerk s her=eby der=_cted to e a ar-• _ ..d copy cf the Ordinance _h the Secrezar:� o= Stat_ o= the State of Florida. n i ENACTED THIS DAY OF !)..(_,O ,,, L.i-v , 1989 CITY OF acOEE, FLORIDA / r v ' MAYOR ATTEST: S CITY CLERIC / ' FOR USE AND RELIANCE ONLY BY TEE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY TRIS ,;-.. DAY OP ��=?�,3�2 , 1989 . FOLEY, LARDNER, DAN DEN BERG, GAY, 3UR!E, AILSO�rAND ARKIN CITY ATTORNEY`-' L ?ace ; Case Nc. 1-3ACR-39 :VOSS ADVERTISED Seote.ber 7, 1989 READ FIRST TIME august 22, 1989 R!AD SECOND TI.'SE AND ADOPTED L t ' , 1989 APPROVED BY Tar OCOEE ITx C0:4i2SSION AT A MEETING MELD ON , 1989 UNDER AGENDA ITEEM NO. ' V4 L 36 CPA-95-1-2.25 The subject property is located on the corner of Professional Parkway and Old Winter Garden Road. The administrative FLUM amendment reflects a rezoning of C-3 which predates the adoption of the Comprehensive Plan. 1989 1991 ELUM 1991 Proposed Existing Existing Size Zoning FLUM FLUM Zoning Use 1.7 acres C-3 Residential High Density Commercial C-3 Commercial Residential This parcel was annexed and assigned an Ocoee zoning of C-3 in 1972 by ordinance #563, long before the Comprehensive Plan was adopted. However, through a series of mapping errors in the 1980's, the property's correct zoning was not depicted correctly or the same on at least three maps. This error was uncovered while the City was in the process of revising a number of maps. The land use model created by staff did not utilize the right land use either but staff feels that such a small parcel would have a de minimis impact on the overall land use model. The City transmitted this administrative FLUM amendment to reflect the C-3 rezoning granted by ordinance #563 and the existing use of the property. This action was based upon the advice of David Russ, then General Counsel for DCA, which said that cities could make minor administrative corrections to future land use boundaries to correct Scrivener's Errors and then correct the FLUM accordingly at the next opportunity. This is just such a revision. If the Amendment be denied, there will likely be an administrative hearing pursued by the owners of the parcel to allow them to continue their existing use. If this occurs, then the City will probably mediate the dispute and then acquiesce based upon the new Property Rights Legislation adopted by the Florida State Legislature last year. A copy of the annexation and rezoning ordinance (all in one) is attached for informational purposes. Based on the above analysis and historical evidence, it is the City's position that the correct land use was utilized for this parcel in the original land use analysis and that the property owner has a legal right to this use. Further, this amendment could be reviewed in compliance with the new Small Scale Amendment process and receive less scrutiny. City of Ocoee Proposed Land Use Map Change Scrivener's Error CPA-95-1-2.25 Map Modification Location: Northwest corner of Professional Parkway az Old Winter Garden Road Size: 1.7 acres Proposed Change: From: High Density Residential (8-16 du/acre) To: Commercial §Nt rAtil‘g...\ IV-: , 1 tli: \iNIS = §N't .; . \ t. \\ § L4(‘ *4,\N.i . ,i„,,,,, h: 6, b: . t*Vbk\. � \ ate ST'T ROAD 50iiiiiiiMii l‘ktX,Nte...‘e* *..8\ \\., — �� 40 • 1114 k§Vi[1‘. .N114.‘ °,1.°44. 1141 !;... '‘ § ,‘, , \, „ ..4,. N \ • . )1§ , ,.. \ LISL\. , iskv: \ \ \ ,„,, k,„\ . . ik \NNA., •. ''41 , ',\.,, i. '� "i. k `M IIS,&k _ , ,§ , \ a I0 NAL PA. _,it i i.1 i i 1,�/,A. ,. :Y.y� � �r+r IN lek \ \ X. ‘ \A.XX Existing Proposed Justification: The Future Land Use (FLU) Map is being amended to change the future land use designations of the subject properties from High Density to Commercial. The subject properties are partially developed and were zoned C-3, General Commercial prior to the adoption of the Comprehensive Plan. The City's 1991 FLU Map was intended to be consistent with the City's 1990 zoning map. A mapping error mistakenly reflected a High Density Residential designation rather than Commercial. High Density was mistakenly assigned to these properties due to a scrivener's error on a City zoning map. This Comprehensive Plan Amendment corrects a mapping error by changing the future land use designations of the subject properties to Commercial. The following factors contributed to this recommendation: (1)existing zoning; (2)surrounding land use designations; (3) site accessibility; and (4) the unsuitability of such a small parcel for multifamily development. Page 36-A • q ---' T • .!i.. ,,,st.).4--' • I111 ,1 +1i1 • ._y Q , Ley !IIiII1Ij .. .4 i 33 3 — f' i . a. ; : 4111,.. .7. ...,. "... la • i 11 1111 ii I • VI t (..„ 1 :_ , _ - .. 1 • ` I ^ �. ^J ` • }. ` I i7; .I i, .! ,..,,a:., r : 4 z_ , _ I f .. w•$•,, w �' - I .. I .... L. — O - Om.111111TWI• 4•1061.••••••••••••••••••••••••••••••••••••••••10.F. I I • • ' 8 el i . ' . •O S i t O • ' •• O t II, 0 • S• `e :Z:J .�1. •_� _ ,1 C _NANCE NC.- -563 '! -� _ ;�.�.•t1 �` • • I• �� '. • • :1 N ORI)f N/1 N(:1•. •1 NNF`CTN( , ('F'9TA IN PROPERTY -.\lj" • , I ROP RT �`'� 1 ••• `•.�`: IVT( •i'fi1.: 1ri ;?\{'1 I'r11 . NOUN' ))ARIES 0l,• THE CITY .' .-_ `• .._ OF UCOEI•' II .OII ) 1, ANI) CS "�iil. SIINCTHEE ' _l.,_•�. ; ;. - . - ZONING CI�1SS� i.1( * 1^'1GN OF S JC:f PROPERTY. .s .. .^ t , WITEH r 1S, i, � R .0 c�.L9D L. LINDLAND :. :: :a.=- �-,•".'F'" the owner of the following described parcel of real property • f: i . ..... ..,...„ s ��': ••,:•• have petitioned the City of Ocoee. Florida to annex the same in and ...„.` • .3 •;,.• to the municipal hound;iries of said City, and,... ,._ .iia WHEREAS, said owner has requested that a portion • ,1`e, ig- � : .1 TI •:- • of the said property be zoned as an C-3 district in conjunction j with its annexation into said C itv, and, • ,,, 1D':-iE ' ?S, the owner of said property has tiled with _ i the said City a site plan as required by Chapter 5, Section 5. 3 (1) �: 1 i of the Zoning. OrJl nano:;; of the City of Ocoee establishing the •- -.::-F.5•-• -• • areas of proposeuc_3 7.oning use, and, ,. : :i • 1 WHEREAS, a public hearing vas held on the question •`c • of annexation of said -:arm of real property after nue public notice - i thereof published not less than ter:: (10) days and not more than _ ' thir^r (30) clays prig :o said puolic hearing, and, „A; ` wTIEII FAS.S. rite City Commission of the City of Ocoee; .-...;47.: 7'lorida, has :made an independent examination of said property and 2: i determined, and does hereby find and determine, that the area - • involved cuali led :o)r municipal benefits and that it is to the best i terests of the City of Ocoee that such area should annexed to and be included in the ^utlicipal boundaries of the Cit-; of Ocoee, Florida, Now, Therefore, =' ': �_..._. Be it enacted by the People of the City of Ocoee: l• Section One: That the following' described parcel = • ti -- �•j• • • ��• I Tom^ ~'_ -1. ,'�► ., ' ` GRN TRACT: -, •. 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Id . dk -,..... . •‘ N I 1•11111ea I NDA.1.-.1••••••• : 1 %• - lu—irl Ill" -1.441' 111TPfr ‘< ..— ..,•1111-.M.,...Z4. .... ii 1 II • i 1- .1111 , , , , mt... .........,„„,..., 1 ,i • PX1111. 1 I -I ;.ir•—•-• g . . .... --./- • , 3E- -...-.-----1 . WINIIIIIffe 7,r; 01111111111111-.--7-7 I 1,,,, Menai • 44141 Inial:al =041 4..4.-- •• d mg ,--. 1 ' z•=1114„1„, •:, v=ii I I alo.ale. \ 1.1\ ili> HI I I (IF - i ' �� --- - - `3,��i OFFICIAL ZONING MAP ZONING DISTRICTS • - A-1 GENERAL AGRICULTURAL A-2 SUBURBAN S • _- R-1-AAA SINGLE-FAMILY DWELLING-' +f/ - —� —�.-� ' ;(� R-1-AA SINGLE-FAMILY DWELLING IN(, _ l _ v - . aZ 4* . R-1-A SINGLE-FAMILY DWELLING - - :•• -�•••.� --,- • .^ SINGLE-FAMILY DWELLING R-2 ONE-AND TWO-FAMILY DWELLING ING RE- -3 MULTIPLFAMILY DWELLING . �r. P-S PROFESSIONAL OFFICE AND SERVICES V .. R-T1-1 MOBILE HOME SUBDIVISION C-1 NEIGHBORHOOD SHOPPING C-2 COMMUNITY COMMERCIAL • _?11111:p C-3 GENERAL COMMERCIAL • • I I-1 RESTRICTED MANUFACTURING AND WAREHOUSING 1-2 GENERAL INDUSTRIAL PUD PLANNED UNIT DEVELOPMENT ZONING DISTRICT BOUNDARY MUNINCPAL LIMIT BOUNDARY ce, . CITY OF OCOEE _ % _ FLORIDA Elre:4e..;( �I i:U�r� Q �', S ����J �/� , cam' . ,-c-\ CP4 - �S- 1 - a•-S - - • =all n - ���>• — ■ 7 1-2 • _ , .......„ \ .,,,,:„„... R-J C_3 a; / \\� Alt I=Er-. . _...._.,__Att.;.,_::",..." ,..„-agg.14. ,i ,__-_,001 . ! • z . r L.____ •._ , 4,-. ,-..- e........1 . . • —:—.I >.® .. l� r) _.--N oMAmoz.... • ........., • , . Q j • • • - .4..• • , ., .., . -.77,- 7.,:.-;:.... ., :,• :,f---. tAl ---;:-, '"w'°., :---.vji i ir: k ' 1"....1.11.I i . ..-„,„ �i� alo ix I�h I al ___I .,,,,... ......,,11. ..,,e;ilig itsd _ -. ,.__,-.: 2 C-3 3 N ' 1 C-: xon =at n q _aro .u" --"-%i .lgg f J I I + '.-;A' ,\.N, 1 i ! i 1 j ....... ................ .-41:44.1mi • y - Y (iiir ______. .. 1.411 UILLI Ilta..,:'l - I I _-- --- , I \ `t I; k ^ \ LLQ .�t �--.' - n - 'I.•-• - +, ' 7 M A P "This is to certify that this is the 'Zoning Map refered to in Chapter I Ordinance Number 516 of the City of Ocoee, Florida." 70. Date of Ordinance Ad SIGNED: ___14,41Ali V)V Mayo TD ATTESTED: ,c4.04.14. City Clerk DATE: /170v S 2, C • "This is to certify that this Official 'Zoning Map supersedes and repi': Official 'Zoning Map adopted by the City of Ocoee" JG SIGNED: Z � 41ayo • AT T ESTED:ig,ua,Q••."e, Ps.... C Itv Clerk V :RVICES DATE: a ILIV i • •4 :AND WAREHOUSING . . . I . - . .. . , __ millimij .% , , •,, . , . \ . 7 / C-3 .,, 16' /76,- '4773 ,,,/ , ,.... NI ,,,. \ .v. ; R2.P41 LAKE BLANCH • RD , _ . I / iiiiii 6...............,..m ..4 , let ICI - • • ... --4 • G3 I 1 1 ,. -•-iir OCOE. •._ • --------------iiF---. . ,. ... c-3 _ _ . 1 • 1 •• ed.. i *i • / i . / dt,p 6 ft 0 I I i C-3 I OCOEE i tPC) , Zi cs, . . 1 e3 I c(4'3 (K;' ..----— i 0 rS • ,•- ____ 61'5'1 ... ,, • :______ o40 f, ___ _I ..._ C-3 \ L it if , ,, . —,.. ,!. di , „\ 1;, R-3 , \ \\ I ;;i\ . ..- , , „..„-- i \ __,-- :. • ., ...„...„----- , 0 , ) - l'•71/ ( 1, LAKE LILLY ik,---,‘'i ( t - 1 ,;/1 i I / i • \‘'N,,,s,,_ di 1 i I . . ! 1 .------ ! ''/ / ..----'••• = I ,•..1/4'. .- ';'•:----- : LU at L _-. . . i I . (41 LAKE PEARL 3 I I I 1 I 1 I 1 1 (or 37 B. Objection #2 (DCA): The JPAA, the revisions to the FLUE Sections III.A.3., III.A.5., and III.B., ICE Section III.A.2.b., proposed FLUE Policies 1.15, 1.16, 1.17, and 2.5, and the proposed ICE Policies 1.8, 1.9, 1.10, 1.12, and 1.13, have not been shown to be consistent with the requirements of Chapter 163, FS, or the requirements of Rule 9J-5, FAC. These inconsistencies include, but are not limited to the indication that the land use designations depicted on the City's FLUM for the JPA are not for advisory or informational purposes only; having these JPA land use designations becoming effective upon annexation, prior to a comprehensive plan amendment to reflect the annexation, and without data and analysis to support the proposed land use designation; and allowing zoning designations and development orders to be issued without a comprehensive plan amendment to reflect the annexation and update the FLUM designations. Also, the use of the term "initial" in proposed FLUE Policy 1.16 and ICE Policy 1.9 is vague. 1. Recommendation #2a (DCA): Absent data and analysis, within the adopted plan, supporting the land use designations for areas outside the City's jurisdiction, the JPAA should not be adopted as part of the Comprehensive Plan, and therefore, proposed ICE Policy 1.13 should not be adopted. Also, absent this data and analysis, the proposed amendments to FLUE Sections III.A.3., III.A.5., and III.B., ICE Section III.A.2.b., should not be adopted as proposed. The policies should be revised to indicate that the land use designation on the FLUM for properties outside the City's limits are for advisory purposes only, and that zoning designations will be consistent with the FLUM designations adopted by the City, as established through the amendment process, after annexation of the parcel. Response #2a (Ocoee): The appropriate data and analysis have been provided in this report. Additionally, Section 9 of the JPAA obligates the City and County to amend their respective Comprehensive Plans. In accordance with the JPAA, Orange County revised their Comprehensive Policy Plan (CPP) on June 15, 1994 and October 25, 1994. The DCA found these amendments, including revisions to the Orange County Intergovernmental Coordination Element (OCICE), to be in compliance with Chapter 163, Part II (FS) and Rule 9J-5 (FAC). Any failure to amend Ocoee's ICE would be a breech of the JPAA and would be inconsistent with the Orange County CPP. If the two Plans contradict one another, then neither Plan would be consistent with the intent of Chapter 163, Part II (FS) or Rule 9J-5 (FAC). Accordingly, the JPAA will be adopted as part of the Comprehensive Plan as well as the related amendments. 2. Recommendation #2b (DCA): Delete the term "initial" or revise the proposed FLUE Policy 1.16 and the proposed ICE Policy 1.9 to clarify the meaning and intent. Response#2b(Ocoee): The term "initial"will be deleted from FLUE Policy 1.16 and ICE Policy 1.9 prior to adoption of the proposed amendments. 38 C. Objection #3 (DCA): FLUE Section III also references the proposed FLUM amendments included in CPA- 95-1-2. The text indicates that these amendments are Scrivener's Errors, and therefore,would not have development impacts which need to be considered. It was clear that a number of the proposed amendments, which were described as Scrivener's Errors, would not have development impacts. However, FLUM amendments CPA-95-1-2.11 through CPA-95-1-2.14, CPA-95-1-2.16, and CPA-95- 1-2.23 through CPA-95-1-2.25 require additional data and analysis to support the proposed land uses, consistent with recommendation #1 b of this report. Response #3 (Ocoee): The objection to FLUM amendments CPA-95-1-2.11 through CPA-95-1-2.14,CPA-95-1-2.16,and CPA-95-1-2.23 through CPA-95-1-2.25 was stated in Objection #1 c of the ORC Report. Please refer to Response#1 c of this report for a discussion of the proposed FLUM amendments CPA-95-1-2.11 through CPA-95-1-2.14, CPA-95-1-2.16, and CPA-95-1-2.23 through CPA-95-1- 2.25. 1. Recommendation #3b (DCA): The reference to the Scrivener's Error amendments in FLUE Section III.B. should not be adopted. C Response #3b (Ocoee): The reference to the Scrivener's Error amendments in FLUE Section III.B. will not be adopted in accordance with DCA's recommendation. Please see the revised text of the FLUE which is attached. Comments (DCA): 1. The City of Ocoee lies within an area having a moderate probability for holding significant archeological sites. It is recommended that the City sponsor systematic historic resource surveys of any tracts that have not been previously examined for historic resources. Response(Ocoee): Staff will present this comment to the City Commission at the adoption hearing so that we may obtain citizen and commission input. 2. The City's proposed FLUM should be revised to clearly show the City's jurisdictional boundaries. Response (Ocoee): Staff will revise the map accordingly prior to the adoption of the proposed amendments. L (re 39 D. Objection #4 (DCA): The proposed amendment is inconsistent with the following goals and policies of the State Comprehensive Plan: Goal 8 (a): Water Resources Policies 2, 5, 8, 10, and 14 Goal 10 (a): Natural Systems and Recreation Lands Policies 1, 3, 7, and 10 Goal 16 (a): Land Use Policies 1, 2, 3, 5, and 6 Goal 18 (a): Public Facilities Policies 1 and 2 Goal 19 (a): Cultural and Historic Resources Policies 3 and 6 Goal 20 (a): Transportation Policies 2, 3, 12, and 13 1. Recommendation #4 (DCA): Revise the plan amendment, based upon data and analysis, to be consistent with the above referenced goals and policies of the State Comprehensive Plan, in accordance with the objections and recommendations contained elsewhere in this report. Response #4 (Ocoee): Since DCA found the original City of Ocoee Comprehensive Plan and its accompanying Goals, Policies, and Objectives to be in compliance with the State Comprehensive Plan, Chapter 163, Part II (FS), and Rule 9J-5 (FAC), the City of Ocoee Plan has already been accepted by DCA. Please refer to Ocoee's response#1 b found elsewhere in this report which highlights the sections of the originally adopted plan. The City complied with the above goals and policies when it analyzed the impact of the entire planning area, including those areas outside of the City's jurisdiction. Examples are presented from each of the required elements of the Comprehensive Plan evidencing the use of a land use model which evaluated the full range of impacts to the man-made and natural environments. L Caw 40 E. Objection #5 (DCA): The proposed amendment is inconsistent with the following goals and policies of the East Central Florida Regional Policy Plan: Regional Goal 43 Protection of Natural Systems Policies 43.1 and 43.2 Regional Goal 44 Protection of Endangered Species Policies 44.1 and 44.2 Regional Goal 57 Balanced and Planned Development Policies 57.1, 57.5, 57.7, 57.8, and 57.12 Regional Goal 58 Natural Resources Preservation Policies 58.1, 58.2, and 58.3 Regional Goal 60 Public Facilities Planning Policies 60.18 through 60.24, 60.28, and 60.31 1. Recommendation #5 (DCA): Revise the plan amendment, based upon data and analysis, to be consistent with the above referenced goals and policies of the East Central Florida Regional Policy Plan, in accordance with the objections and recommendations contained elsewhere in this report. Response #5 (Ocoee): Since DCA found the original City of Ocoee Comprehensive Plan and its accompanying Goals, Policies, and Objectives to be in compliance with the Regional Policy Plan, Chapter 163, Part II (FS), and Rule 9J-5 (FAC), the City of Ocoee Plan has already been accepted by the ECFRPC and DCA. Please refer to Ocoee's response #1 b found elsewhere in this report which highlights the sections of the originally adopted plan. The City complied with the above goals and policies when it analyzed the impact of the entire planning area, including those areas outside of the City's jurisdiction. Examples are presented from each of the required elements of the Comprehensive Plan evidencing the use of a land use model which evaluated the full range of impacts to the man-made and natural environments. APPENDIX Ir--innnrn inn 91 9j m field 91 wuill OL J -r �, 05 0 - = - S$ Ir-�nrinni inril am �If� O ME 9$ SS �j O I J'vJ'� 1 ..7 7 • N( MMIO s • CIT ! CF how STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT JAMES F. MURLEv LAWTON CHILES IIIIIIIIIIIII Governor Secretary September 22 , 1995 The Honorable S . Scott Vandergrift Mayor, City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Dear Mayor Vandergrift: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Ocoee (DCA No. 95-1) , which was received by the Department on July 17, 1995 . Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department appreciated the opportunity to meet with the City's representatives, on September 14, 1995 , to discuss the proposed amendments. Based on this meeting, the Department understands the City's position, with respect to these amendments, to be that the data and analysis to support the • amendments was provided in the City's originally adopted Comprehensive Plan. I am enclosing the Department's Objections, Recommendations and Comments (ORC) Report, issued pursuant to Rule 9J-11. 010 , Florida Administrative Code (F.A.C. ) . The issues identified in this Objections, Recommendations and Comments Report include meeting Chapter 163 , Part II, Florida Statutes (F. S) , and Rule 9J-5 , F.A.C. , requirements for amending comprehensive plans and providing data and analysis . In order to support the assertion that such data and analysis is contained within the City's existing comprehensive plan, the City should identify and describe where this data is to be found and clearly demonstrate that the plan in fact considered lands outside its jurisdiction, which are the subject of the present amendment, consistent with Chapter 163 , Part II, F.S . and Rule 9J-5 , F.A.C. requirements . It is very important that the adopted plan amendment address these issues, and the comments in the Department's ORC Report. Department staff will be available to discuss these issues, at the City' s reCuest, prior to adoption of the amendments . 2 7 4 0 CENTERVIEW DRIVE • TALLAHASSEE , FLORIDA 3 2 3 9 9 - 2 1 0 0 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SCUTH FLORIDA RECOVERY CFF!C GREEN SWAMP AREA CF CRITICAL S TATE CCNaRN HELD CFF1C P.O.Sax 4072 READ OFFiC 27%Cvcseas Highway,:alto 212 3600 N.W.361h Street 155 East Sunuaenin .. .. ^A?tl.ihdl The Honorable S. Scott Vandergrift September 22, 1995 Page Two Upon receipt of this letter, the City of Ocoee has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments i s. 163 . 3184, F.S. , and Rule 9J-11. 011, F.A.C. s outlined in Within ten working days of the date of adoption, the City of Ocoee must submit the following to the Department: Five copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to exredite the regional planning council's review of the amendments, and pursuant to Rule 9J-11. 011 (5) , please provide a copy of the adopted amendment directly F.A.C. Executive Director�,- of :- ' "'ctly to the L__ cto_ the East Central ;Florida Regional Planning Council . Please contact Brenda Winningham P1 r Community Program ' anne_ I'i, John Healey, Administrator, or Charles Gauthier, A_CP, Growth Management Administrator, at (904) 487-4545 if we can be of assistance as you formulate your response to this Report. Sincerely, , 0.,4AAA4: QA,L J. Thomas Beck, Chief Bureau of Local Planning JTB/bwj Enc_csu=es : Objections, Recommendations ane Comments Report Review Agency Comments cc: Russ Wagner, Planning Di - or Aaron M. Dowling, Executive Director, East Central Florida Regional Planning Council C DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR THE CITY OF OCOEE Amendment 95-1 C September 22, 1995 Division of Resource Planning and Management Bureau of Local Planning This report is prepared Pursuant to Rule 9,J-11.010 ::,....,. ... . , n u n +,� Planning Department .._ __ _ O 1 1 L 1 '� C. Heath, ICP, Manager ( .�Y r• , gacyct, ,..,..h Rosalind Avenue...nd Fluor { j" ti v To. Post Office Box 1393 . .ando, Florida 32502-1393 AUG 31 1995 Telephone(407) 836-5600 FAX (407)836-5862 August 29, 1995 BUREAU OF STATE Mr. James L. Quin.,, Chief PLANNING Bureau of State Planning Department of Community Affairs VIS, FACSIMILE 2740 Centerview Drive Tallahassee, Florida 32399-2100 SUBJECT: City of Ocoee Comprehensive Plan Amendment Reference #95-1 I Dear Mr. Quinn: The Orange County Planning Department has reviewed the City of Ocoee' s plan amendment document #95-1 and issues the following comments : f BACXGROUND E , In February 1994 the City of Ocoee and Orance County entered into a (6,, ' Joint Pl anninc area Agreement (JPA) in order to settle litication on between the two jurisdictions . Said litigation was the result of challenges to cel:ai_-i annexations and the issuance of development • orders . The adopted JPA sets a boundary beyond which the City is not to annex, delineated water and sewer t --,--4 ---' s, "ed - r • ' � eprovided .o con -- -�soluzic_n_ and a term of ten (10) years . The agreement is only applicable to unincorrorated areas inside the JPA boundary Subse uent to annexation. Pursuant to the JPA, the City can issue rezcndevelopment inCS and orders consistent with the agreement and a^.dllca le state law. Annexations and land uses consistent with the terms of the JPA will not be contested by :he County. The agreement also permits the City to include those uninccrocrated areas within the JPA on the City's future land use map, so long as those designated uses are consistent with the JPA Land Use Map . '_hese and uses are only related to annexations and the County has agreed not to contest annexations and land uses consistent with the JPA Land Use Map . However, the county has not analyzed the land uses on the JPA Land Use Map since they are only effective upon • annexation, and the County retains total control over the land uses • until such time as orcoe:t_es are annexed. It should be noted that numerous land uses on the JPA Land Use Map area are contrary to the County' s ex±stinc designations , particularly for those areas 1 design a:ed Rura_/ C" cu_tural on the County' s Future Land Use Map (11; (FIum) . I r • James L. Quinn, Chief Ocoee Reference #95-I August 29 , -_995 Pace 2 ISSUES/COMMENTS The County does concur with those amendments related with the textual and policy aspects of the JPA, as well as, those FLUM amendments that are consistent with the County' s adopted FLUM. It appears, however, that any other FLUM amendments need to be justified on the basis of the requirements of Chapter 163 , Florida Statutes and 9J-5 and 9J-11, Florida Administrative Code, rather than as scriveners errors or based on the JPA Land Use Map . It is stated that the land uses contained in the JPA Land Use Map were previously analyzed in the adopted 1991 Ocoee Comprehensive Plan. However, it is unclear from a review of that Plan, whether data and analysis for the unincorporated area was actually included. This package also includes over 2, 500 acres of annexations (Table C) , which are incorporated into the FLUM by amendinc the municipal boundaries . Again, it is unclear whether the recuisite data and analysis for this acreage has been adeq ately provided. In addition, the delineation on the FLUM for municipal limits separatinc Ocoee, .inter Garden and the unincorporated area are _nde_ernina;_e. Should vcu have any cuesticns related to these comments, please contact me or Chris Teszerman of my staff at (40%) 336-5600 . v S iZCSrely' �, (7 U/1' prance Ccunty ?lanni__ Department DCH/CRT/lap '- N . CC_e d.�._-r Director; 7_1a. ig .^..n G Drelcpmen- D_ r_s_Cn `-_senYurko, Assistant County Attorney Russ Wacner, Planninc D4 - ,--o-; City of Ocoee -� Healey, Community P u-Chi ._ , �...mmLniProgram Administrator; Department of Community Affairs (100 ' 14:U3 FAS. 407 430 SSG_ Orange Cuunt: ?fanning Inge:. . + Planning Department noun l� n D� . David C.Huth,AIC-P, Manager 201 South Rosalind Avenue,Ind Floor Reply To:?est Office Box 1393 • Orlando,Florida 3::902-1393 Telephone(407)E36-5600 ' FAX(407)836-5862 • September 6, 1996 • • • Mr. James L; Quinn ' Chief Bureau of State Planning , Department of Community Affairs • 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re : City of Ocoee Comprehensive Plan Amendment Reference No. 95-1 • Dear Mr . Quinn: • This letter will serve as a follow-up to Cu: correspondence of August 29 , 1995 . • So that there is no misunderstanding, Orange County' s previous latter was not intended as an "objection" to the City of Ocoee' s proposed comprehensive ' plan amendment . That letter was intended to provide your agency with the background of the JointPlanningArea Agreement (TPA) . The City and County have enjoyed a very high level of intergovernmental cooperation since the execution of cur Joint Planning Area Agreement . In fact, provisions of the Ocoee JPA have been incorporated into other similar agreements in Orange County. The proposed amendment is consistent with and required by the terms of the Joint Planning Area Agreement which was included by reference and subsequently approved by the Department of Community Affairs as part of Orange County' s Comprehensive Plan. The JPA Agreement , as incorporated into Orange County s Comprehensive Plan,an, au,.:or...es the City to plan • for and include within the City Comprehensive Plan those lands located in unincorporated Orange County which are included within the Joint Planning Area . Further, the City Future Land Use Map, as proposed for amendment by City Comprehensive Plan Amendment Nor. CPA-95-1, matches the land uses set forth on the J?A Land Use Map. • • 14:0; : I 40. 338 S3d2 Orange Coun:: Flann:ag Z uU3 • Mr. James L. Quinn September 6, 1995 Page 2 • A finding of noncompliance in the proposed Amendment by the City of Ocoee would cause a high level of confusion and uncertainty among the City, the County, and the affected property owners . We are confident that we will be able to work through any issues that may arise between the City of Ocoee and the County as we have done in the past several years . V truly yours, le 01. 7E. (0, D. id C Heath, AICP Manager, Planning Department DM: sac7257 cc: Bruce McClendon, Director, Planning a Development Division • Alison Yurko , Assistant County attorney Russ Wagner, Planning Director, City of Ocoee John Healy, Community Program Administrator, Department of Community Affairs . . t :Eases- ArErn►t,-a/ /.oz-Ida j - AFFEgionr ri �oanrnrijg /TZ rjj z- --• 1CI 1 Wymcre Pacc•Suite 105•Winter 2cr1.Ronda 32789•reiecnone Loc : (407)023-1075 releoncne:.uncom: 134-;075 .FAX loci: (407)623-iC84.FAX Suncom• 234-iC84 • MEMORANDUM • • DATE: August 2.5, 1995 (1 1 TO: D. Ray Eubanks, Planning Manager PIan P •cessiinng Section, Bureau of State PIanning tito FROM: Les ': • . SUBJECT: Proposed Comprehensive Plan Amendment LOCAL, GOVERNMENT: Ocoee DCA AMENDMENT # 95-1 Council staff have completed the technical review of the identified proposed comprehensive plan amendment. The staff review did not result in the identification of any sianilicant impacts related to regional resources, facilities, or issues of regional concern. The review was conducted in accordance with the provisions of Chapter 93-206 Laws of Florida. Chapter 9J-5 Florida Administrative Code, and the E F C's current contract with FDCA for Plan and Plan Amendment Reviews. Please contact me if you have any questions. c: Russell tiV a;ner, Ocoee CHAIRMAN VICE CHAIRMAN SEC2ETARY-TREASURER e<ECUTIVE DIRECTOR F.A.FORD.JR. COMMISSIONER LARRY WHALEY COMMISSIONER EVELYN H.SMITH MR.AARON M.DOWUNG VCCUSiA COUNTY OSCZZCLa COUNTY CITY OF EUSTIS J/ 44. Department of FLORIDA Environmental Protection. Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Virginia 3. Wetherell Governor Tallahassee. Florida 32399-3000 Secretary .1m1 August 14 , 1995 AVG-7 15 1.6 Mr. D. Ray Eubanks , _ Department of Community Affairs `. ,- 6UREAU OFs; Bureau of Local Planning (p `� \ PLANNING 2470 Centerview Drive "5 • Tallahassee, Florida 32399 0 • Re: Review of Proposed Amendments to the City of Ocoee Comprehensive Plan, 95-1 Dear Mr. Eubanks: The Plan Review Section of the Department of Environmental Protection has performed a review of the proposed amendments under the required provisions of Chapter 163 , Part II, Florida (Lr Statutes, and Chapter 9J-5 and 9J-11, Florida Administrative Code. We have no comments concerning the proposed amendments. Please call Mr. Dan Pennington at (904) 437-2231 if you have any cuesticns about our response. Sincerely, Lynn Grif i Environmental Manager • Office of Intergovernmental Programs /d C C_.sere Prtnted an rr_vcted mane?_ es ..OMas coveys -anry I:aan,Ex4Cuti�a Cirector .enn.<. ....Me.Aswan,Executive iueCtor Charles 7 •,nrers;;t leo...y Assasront Executive Oiriacr,7,r _ WATER POST OFFICE BOX 1429 PALATKA, FLORIDA 32173-1429 , �33STNAGE,MEVT .moo N3^ /3s`9•4sao CGS/ 'CC 7JNCOrA 360-4450 Ax(EXEC:71VE/t£GAL:3 9-4I7.5 ;PERMIRrNv).329-43 IS ,A0MtNISTRATION/iINAN S �' ) 129-1S.74 :.e1.0 AA7:CN Mil E.Sour,Slew 7775 6w.n..orn..war PEAUIrTtNC; Orte,Florida 32501 Sua.102 703 east Orn.. OPERATIONS aro 407807 4300 2133 N. ..F,onc Road :aau.mnr.Fbnea]2256 u.bevn.,rlarWa 32904 AMbour.f.,Fbrwa 329354109 August 8, 1995 roo 407r4e7.so.e r4+r730427o 407/444-4540 407 100 �r»o raop Foo 407/727.5344 too 437/n34233 Mr. Ray Eubanks �. Department of Community Affairs Bureau of Local Planning `C' ‹,\,,\55 2740 Centerview Drive Tallahassee, FL 32399-2100 Re: City of Ocoee 1995 Comprehensive Plan Amendment Package Revisions to the Future Land Use Element Future Land Use Map Intergovernmental Coordiation EIement Dear Mr. Eubanks: In reference to the above, case Nos. CPA-95-1-1 and CPA-95-1-2, staff of the St. Johns River Water Management District have no comments and have found this amendment package to be consistent with District goals to protect water resources. Planning reviews serve to direct development at the earliest opportunity possible to meet the Districts goals and policies presented in the District Water Management Plan (DWMP). This letter does of constitute or substitute for a permit review. Permit reviews require more specific information. If you have any questions, please call Nancy Christman, Intergovernmental Coordinator, at (407) 897-4346or SunCorn 342-4346. Sincerely, \--/ 1) Margaret Spontak, Director Division of Policy and Planning MS:ch c: Nancy Christman Patricia T. Harcen,Z4.40,W1 William Segal,VICE,�wa.Arr Can Roacn,7REASt1FE4 _ SArKORO Ctis Mason,SECRiAAr Kathy CSinay Griffin A.Greene James H.Williams :`unman,3�' sr Au6UsrdE aCXSOSVlt.:: Reid Hugnes James Swann '+ERO lRACI OCALA :AMNIA SEACH :000A , • _ 4. � p�J.7� '9L � + ���L ./ �''-. , • Q �I• �� 8 5 FLORIDA DEPARTMENT OF STATE Sandra B. Mortham 6URU CF STATE Sec-e , of State rLANtnA16 Mr. Ray Eubanks July 31, 1995 Dept. of Community Affairs Bureau of State Planning 2740 Centerview Dr. (0, Tallahassee, FL 32399 VA95 Re: Historic Preservation Review of the City of Ocoee (95-1) Comprehensive Plan Amendment Request Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, - .--- Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the referenced documents to decide if data regarding historic resources have been given sufficient consideration in the request to amend Ocoee's Comprehensive Plan. Based on our review, text changes to the city's Future Land Use and Intergovernmental Coordination elements and correcting scriveners errors on land use maps should have no adverse effects on historic resources in Ocoee. On the other hand, the proposed land use changes and annexations involving increased density may affect the city's historic resources. Several sites listed in the Florida Site Files occur in Ocoee, including 80R3039, 80R887, 80R09, 8OR510 and 80R3520. Additionally, it appears that the entire city has a moderate probability for holding significant archaeological sites. We base this opinion on the tracts being on well-drained lands bordered by wetlands and lakes. With this in mind, it is the city's responsibility, therefore, to ensure that historically significant sites and properties are appropriately evaluated. Since most of the areas proposed for land use changes have never been systematically surveyed by a professional archaeologist, they may contain potentially significant archaeological resources. For this reason, we recommend that the city sponsor systematic historic resource surveys of any tracts that have not been previously examined for historic resources. Should significant historic resources be found, they either need to be mitigated before allowing any ground disturbing activities or alterations to occur on them, or they should be preserved and protected. Some Page Two Mr. Ray Eubanks . C July 31. 1995 • matching grant funds for a systematic historic resource survey of Ocoee may be available Historic Preservation at (904) 487-2333 from the Grants and Education Section of the Bureau of Historic Preservation. In brief, the proposed changes noted above will have no adverse effects on Ocoee's historic resources. It is our opinion, therefore, that the city's amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed Iand use changes) the State of Florida's requirements as promulgat-ed in sections 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C., regarding the identification of known historical resources within its specified area of%urisdiction, and for the establishment of policies, goals and objectives tor addressing historical and potentially significant historical resources in Ocoee. If you have any questions regarding our comments, please feel free to contact Michael Wisenbaker or Laura Kammerer of the Division's Compliance Review staff at (904) 487-2333. Sincerely, --Zaw.t�i't�L� • eZ�n `,,jGeorge W. Percy, Director 0 Div. of Historical Resources C /41 kir i P E C Lj ,,C= O pL 111$ =1 C 2 Z _ Yc - 1'1 C � 'ems m m C P= - G L-G C CLCCOoC vom3 R om¢ C £ELR _ C Ll - ;iirii .-. 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FL 32789-1797 Asimmamimp L, FAX Dace: 09128/95 Number of pages including cover sheer 1 l From: Dawn Bisalinghoff ee t. 131 " Phone: (407)623-1075 111To: Fax hone:p (40'n 623-1084 c rommapommummommmorI REMARKS: ❑ Urgent ,For your review ❑ Reply ASAP ❑ Please comment I Sorry this took so long. Please call me if you have any problems reading it...I can enlarge the font if necessary. 1 E 1 i I I c i . •. . .ItY OF OCO.E' (Ible POLICY 432: Pmposed activities which would destroy or degrade the timction of malencts or deepwater habitat shall not be permitted except where such activities am not contrary to the public interest and there is no practical alternative which names or avoids impacts to wedands or&seawater habitat. Unavoidable losses of viable wetlands should be mitigated through the dancostrably successful restoration.creation or(when no other alternative is fiasible) preservstion of wetlands whom functional values set at least comparable to those of the wedanch lost Wetlands mitigation should occur within the tame watershed as the proposed impact to ensure that there is no net loss of wetland farm:moat values within the watershed where the loss is to occur. Creation of new wedands as rma peon should avoid impacts to ecologically valuabie uplands including,but not limited to,bird nesting colonies.migratory wildlife candor,and rare or mange=ecosystems. POLICY 412 Laid me am.land&adenoma resublime and&adenoma approvals shall insme Rotection of rare or endangered CCOITyliCON. The assignments of percales for envisninnental preservation and protection programs should include consideration of the status of rare or endangered ecosystems. Rare or endangered ecosystem ate those identified in Star.. regional,or local lists or inventories. Natural comamnity types assigned a Stele Element Rank of SI or S2 by the Florida Manual Areas Inventory should be consideed as ram or endangered until mote emanative inventories based on actual habitat acreage ate available from die FGFWFC.RFC local government cc other appropriate source. REGIONAL ISSIJE 44: PROTECITON OF ENDANGERED SPECIES REGIONAL GOAL Baum the:Reservation of species three:aid with extinction through the protection of individual species and their habitat. BACKGROUND SUMMARY: The extinction of species is a mare me of life on Earth. Campetition from other species, inability to adapt to slowly changing climatic conditions and asmildlation by a sudden catastrophic event am a few of the haute known annual mechanisms of extinction. Over most of Earth's history,new specks have evolved to replace those lost to examen. However,specks am now becoming exusiet at an excessively rapid cam doe to human activities,a tate which is as math as 50 tinan higher than the historic rate,and which far outstrips the more rate of species formai:ion. There ate esseatially four egunanus for slowing this unusually rapid loss alopecia". Flat.there am the leg*philosophical contentions that other spxies have an intense"right'to mi*or that the;reservation of species is aesthetically&amble. Mote magnetically,most afar foods and medicines,and tinny commercial Redacts.time originally derived ham biological sources. By allowing the lots of species.we mem poorer the biological leder from which now foods.medicines and produce might be obeined in the Moue. The most ominous mason fa Reserving species Amuses on oar lack of untisstanding of their importance in the natural worid. Mankind is woefully ignorant of the details of the many bio-geoaahernical processes which purify the air.:enmesh the soil.maintain the climate and perform the myriad other"handseling" chores which make Earth heatable In the face of such ignorance,to permit species(any one of which may be a key player in some natural process essential to human survive)to be destroyed Nan*constitutes goo societal negligence. The federal Endangered Species Act of 1973 extendol an important layer of protection over species recognized as either endangered or dreamed with extinction by the U.S.Fish and Wildlife Service or the National Marine Fisheries Savior. The act forbids the killing,injury or harassment of any animal on the federal list of endangered and dmatened species(the USFArS list),and=ivies crimiaai penalties for those persons who violate the law. In addition,any action funded by the federal government must be designed.constructed and operated so as to cause no significant harm 03 any fisted species or its designated critical habitat. Unfortunately,the provisions of the law dealing with prevention of indirect harm to=deep:wed species applies only to federally funded projects. The Florida • Legitimate passed die"Florida Endangered and Threatened Species Act of 1977 (s.372.072.FS.).but this act did little most than establish the agencies responsible for research on and mamma=of endangered special(the FGFWFC for upland and freshwater species.the FDNR for marine species),encourage the istablehtnem of public education programs and requite the FGFWFC and FDNR to submit an annual repro on their endangered moats management progams to the legislature. Although the FGFWFC and the fONR recogniae that habitat loss is one oldie roost serious Mesas to many endangered species,they do not have the=horny so protect critical habitats aside than acpang them as seas corned conservation lands. The aura=of species which are actually threatened with=section in the East Central Florida region is debatable. The federal governments list.premed by the USFWS,comedy recognizes only 19=dangled or threatened species in this region. However.another 55 species ate*under review'kw possible listing,of which 35 am plane. The Flonda ha.which is commis=of separate lists generated by the FGF1VFC and dm FDACS.includes 47 species considered endangered or threataied. The Florida Committee on Rare and Endangered PI= and Animals (FCREPA), a group consisting largely of rematch biologists, gives endangered or thseatexed status to 55 species. The Florida Named Areas Invensory(FNAD,tun by the Nature Conservancy under contract to the FT)NR,indocile 62 species in its too two most aaciangeted canoe= Although roughly half of all the endangered and threatened species identified by these lists occur in wetlands,principally=aerie envirommea.the other half depend on upland habitats. The largest proportion of those species which utilize upland habitats prefer one of the various xeric pima conammities,which include scrub ask,sand pine scrub,xeric hammock and sandal!associations. There ate principally two ways in which humans can cline a species into extinction. Direct endangerment involves the reduction of a species number by some intentional Immo action such as homing,trapping.or private collecting. With the advent of laws protecting wildlife in general and endangered species in particular in this counny,few if any species in the region are threatened by direct endangerment. Indirect endangerment largely takes the form of destruction of a species'habitat,or as unintentional physical made on the individuals of a species,as in the case of boat propeller strikes on manmees.or DDT effects on petegine falcons. It is the various kinds of int:facet endingement which aiost deafen the persistance of endangered species in East Central Florida. Both the FGFWFC and FDNR.as well as federal agencies,have programs dedicated to learning mote about the population size,distribution and loam requiremene of species in decline and identifying the&ea and indica facers teaming their survival. This information can then be used to develop management strategies for reversing the decline of endangered species and stabifizing their population numbers at self-sustaining levels. One of the ways in which state and federal agencies hope to preserve endangered species is through Reservation of their habitats on public lands. Howevec these program may not be sufficient to mute that endanger=species will continue to survive in the wild,since only limited amounts of natural habitat can be acquin:d and managed by public agencies.The ectirpation of the dusky seaside sparrow in Florida.whose last remaining wild population persisted in the St Johns River Wildlife Refuge purchased dimes*for dm species,ilitSCraLl2 the problems of relying on insular public preserves to maintain viable pegnetions of species. Mechanist=which ensure that suitable habitat for=deigned specie;will persist throughout the region must be established. Local government ordinances which require the preparation of managanent plans and site designs to minimize the effect of development on listed species populations and their habitat would (kW do much to improve the pesistence of me species in this region. Such a program has been effectively implemented in Lee County,Florida,and serves as a model for counties within this legion. Programs to identify=aril habitats for specific species.and which would encourage private/public management of such lands would also forestall the loss of many species endangered by habitat loss. In order for these programs to be effective much of the available information on 1 • �1. J-, r4Ui UPJ Lm-. 11 .1'.A. . 4003 the distribution of endangered species and their habitats must be made more readily available to government n officals.planet,developer and physic citizens. The Regional Planning Camel has developed a listed species database.and published the Guide to Lined Species in the Bast Central Florida Region.to fill this information gap. INVOLVED AG£NC1ES The following public and private agencies may have responsibilities in the impleneatmbon of strategies developed under this regional issue • Federal: U.S.Fish and Wildlife Service National Marine Handier Service National Part Service National Fonstry Service State Florida Game and Asch Woes Fish Commission Florida Department of Natural Resources Ronda Department of Eavaonmental Regulation Florida Depatonalt of Agriculture and Consumer Services Ronda Natural Area Inventory Regional East Cental Ronda Regional Planning Council South Florida Water Managanoit District Southwest Florida Water Maraga ms Diana Sr.Johns River Water Management Distria Lain: local governments Lake County Wear Authority Pone Inlet Port Autbadty Privet= Audubon Society Ronda Committee on Rats and Endangered Plants and Animals Siena Cub The Nome Caiservancy The Treat for Public Lands Homeowner's Associations Home Rudders Association National Association of Industrial and Office Parks Florida Fain Bureau Ronda Forestry Association Randa Cattleman's Association • REGIONALLY SIGNIFICANT RESOURCFS/FACIIITLES Species whose distribution includes die East Casual Saida region and which are listed as endangered thtearated or species of special concern by the FGFWPC or FDACS.or those spates which are assigned Stale Element Ranks of S 1 or SC by the Florida Natural Areas Inventory. Critical habitats as defined by the USFWS.MMPS,H3PWFC,FDACS,FNAL or the RPC for species which are aadmtgered.t resicoed.spates of special concern,or for DRI and ICR reviews conducted by the RPC species designated SI or S2 by the Florida Natural Atlas Inventory. REFERS ICES Austin.D.F. 1976. Florida scrub. The Ronda Monodist.49(4)2-5. Brevard Water Resources Deparonmc 1985. Brevard County Wetland Protection Masks. 13revatd County Environmental Services Titusville.Ronda. Brown.iii. 1971. Mammals on motmuimopt aoonpollbnum iasaiar biogeography. The American Naturalist.105(945):467-478. C:tmpbe 1. H.W. and S.P. C7hrismnm 1982. The herpetological components of Florida sandhill and sand pine scrub 255+C+-,li0125. In: Herpetological Comeau renes: A Symposium of the Society of the Study of Amphibians and Reptiles and the Herpetologist's League,August.1977.0(13):163-172. Cannery,C.B. 1984. Factors that influence plate species richness on habitat islands of sand pine scrub. Masters thesis.University of Casual Florida Orlando. Florida. Cox.LA. Stems and distribution of the Florida scrub jay.Non-game Wildlife Program.Honda Game and Freshwater Fish Commission.Tallahassee.Ronda DeGrove.J. 1985. Annual Report of the Conservation and Rearanon Lands Committee. Division of Stare Lands.Ronda Department of Natural Resources. Tallahassee,Florida. Dueler.LC,J.P.Monier and MJ.Dwyer. 1982. Ecological Portion: Florida Peninsula Natural Region Theme Study. Final moot to the National Park Service.U.S.Dept of the Interior. National Audubon Society Ecosystem Research Unit. Naples.Florida. F]trfich.P.and A.Eanich. 1981. Extinction: The Causes and Consequences of the Disappearance of Species. Random Home,Inc New York. Fernald.E and D.Patton(edeas). 1984. Water Resources Atlas of Florida. Institute of Science and Pubfic Affairs,Florida State University. Tallahassee. Florida. F'IAL 1985. Manual Commtmities List Florida Natural Arcs Inve ray. Tallahassee.Florida. . 1986. Natural Heritage Program Operations Manual.sections 4.through 4.4.13. The Nacre Caasevancy.Arlington.Virginia. Available from the Florida Nanaal Areas Inventory,Tallahassee.Florida. 9 LUJ4 .4;004 • • Hann LD. 1985. Consavanm crocridoo. ENFO newsletter.November.1985. Envimornental lofo®atim Center.Florida Comnvaaon Foundat otr. Winter Park.Florida Kemp,L 1985. Florida's shame Endangered species. The Orlando Sanwa.December 15,1985,Orlando.Florida. Lady, D.L and LW. Mars. 1984. A guide to urban wildlife fit. National institute for Urban Wildlife. Columbia.Maryland. Reprinted by Nongame Wildlife Secdm%Florida Game and Freshwater Fish Commission,Tallahassee.Florida. Mad]mmck.l..R.F.Whir roe,and B.L Whiaeomb. 1977.Island biogeography and"habitat Wards"of moan feast.IL Evidence me the value of corridors and minimization of isolation in preservation of biotic dvasity. American Birds,31(1):6.12. Macon. R.A. 1974. Fossil mammals from the Coleman IIs fauna.Sumter Coanry. In: Pleistocene Mammals of Florida University Praxes of Florida. Gainesville,Florida. pp.35-99. Penni,PA and W.G.Abtahanrion. 1985. Vegetarian loss on the southern Lake Wales Ridge. The Palmetto. 5(3):6-7. Pritchard.P.C.H.(series editor). 1978. Ram std Endangered Biota of Florida. Volumes 1-VI. University Presses of Florida Gainesville. Florida. Simberloffff,D. 1982 Big advantages of small n ages Nanaal History,91(4):6-14. Simbalotf D.and J.Cox. 1986. Consequences of conservation corridors. Unpublished mrrusaipt. Soule.ME.and D.Simbaioff. 1986. What do geadies and ecology tri us about the design of naace rtsesves?Biological Conservation.35:19-40. Usher.M.B. 1979. Changes in the species-area minions of higher piano on nature maws. Journal of Applied Ecology,16:213-215. Van%P.A. 1976. Successional relationships of fives Amide plant emamonitins. Ecology.57:498-508. Warts,WA 1975. A let Qtontemary record of vegetation from Lake Annie.south-cental Florida Geology.3344-46. Warn,WA 1980. Postglacial and interglacial vegetation history of southern Georgia and central Florida. Ecology.52.676-690. Webb,S.D. 1974. Chronology of Florida Pleistocene mammals,mals In: Pleistocene Mammals of Florida. University Presses of Florida.Gainesville.Florida. pp. 5-34 • EVALUATION MEASURE: Number of listed species occurring in the region,number of new listed specie,number of listed species changing in listing status and number of extinctions. POLICY 44..le Planning and approval of derdoproe t projects shed mid adverse impact to listed species. Where suitable habitat on a project site is unliz-d by a listed species,a site plan rad management pian designed to minimi hum to the species and maintain sufficient haoitat to support a viable pope lassoo of the species on site should be made a condition of development approvaL Lovad govanmana should ertrre that management plans are consistent with the adopted management staters and tecoannendationa of the appropriam Stat agency(I+GFWFC for upland and heshwate r species,PDNR for marine spode) prior to issuing development approval POLICY 44.2: All levels of government shad puma critical habitat far!tined sees. The RPC shall serve as a data clearinghouse for information on caticnl habitat designations and shall provide this information to lord governments and the gemmi public. REGIONAL ISSUE 57: BAL1NC D Ah'D PLANPI D DEVELOPMENT REGIONAL GOAL Ensile ON faeae band tees as planed in sods a mamma as to max the region's projected needs in keno of type.beam ad. i>msisity and a asosikencwidt the palmed antltebtlity dpabie facilities ad=via: BACKGROUND SUMMARY: Ir addtsang the future development of East Cenral Florida.consideration must be given to the fog of development desired by the regions residents and to the • d mo&width will be placed m tbo wen's tsota usby the dime population By the year 2010.the region's population is projected to grow to over 2.5 million people. Accommodating this growth will require that-Wm apsaai be emailed tett the erten[that nmenaY pubic services as be provided within der arab/Ries atf start tad load graeromenes sod supportive Whatnot moons gook aid objectives. East Canal Florida has responded to the increasing demands of development with land use practices that are commonly employed throughout the country. As development preumes and the need to accommodase new reside=iaaease. development occurs at increasing distances from amen cent= Previously undeveloped arras mecave large residential trnmmQmdes followed by retail cams. Major office=apexes.in some instances rivaling the amoont of None footage frond in tramtiomi downsowms, are blah farther away from the urban craters and flusher encourage mote outlying residential and comneraal development. In older to mea the demands that will be generated by new uses,public facilities ere that wended from egg sysmms.without coordinated amen and land development commis. This extension encourages even further growth beyond urban boundaries. • Emphasis on building in previously undeveloped areas has led.as one of its many negative side effects.to the tmderunluadon of public aalides and usable land and;trncaus in=sting or established urban areas. Activity in due existing urban areas of many cities and towns in the region has declined,leading to 3 Z4 40)05 (1111Y deraioninon of buildings and a reduction in the quality of union life. Development of communities has become unbalanosd,with the focus of=wiry caused outside of normal urban boundsnes. Issues relating to balanced and planned development nay be summarized as follows: 1. Lads of smog ineetatvas for dewilmosart to Mors Mind&tom er desivaindnietivig osniesst 2. Malti-jusdicoonal impacts of development 3. Cumulative unpects of sub-ORI level growth and development: 4. Siting locally unpopular public and pima land uses:and 5. PftManit urban development beyond areas scheduled to receive urban services. As urban growth spreads into rued areas and agriadtural lands are lost,the long teem exisiesice of a strong agticulmral industry in eat causal Florida is ttuewrned. In addition to the economic benefits this industry provides.growth pleasures endanger the indirect comnbutioes agriculture makes to regions quality of life by removing lands that contribute to mandamus redline,non-game wildlife habitat and open space. There is a dear need to continue to promote agriculture in the region and to adopt laid use policies dist will sustain a strong agricultural economy on torsi lands. laid when contemicat af agar tbesetkmdee does no=irate:old be propedy tissfarbb innaInmemsespeasiao newt ore bcarrovommeert eommehomive dent to dbeet thtimiormant to Moos nellit" which Mohan impair to tbeatraltzetiedsemeaszaettoppears oxopectdavelopreet poem" One of the most common ttectons to incensed development pressures in rural alma is to increase the aroma residential len size in the belief that,as new homes are spread father apart.agricultural lands will be retained. Although estraordinanly low densities may result in some consavation.more common densities of we(1)dwelling unit per one(1),two(2),or five(5)aaes oftai pock=the opponie effect:fragmenting or subdividing fanniaixi for low-density subdivisions encatraging leapfrog development Such development neatly always consumes the cadre parcel that is sold,leaving no tesidual open space or area 63r agricultural prod. Mbissixiegvideeproad mod naidentill sport iz entritiai if neat rottagdatkentl hinds am to be comenecLilere is also a need.homy=to provide farmers with the ability of obtain capital financing for farm production daring difficult economic periods. Ackfitionally,mum provision should be made to accommodate the danand of three residents who desire to live in rural areas and pursue a rund lifestyle. Devantanent strategies to address these cancans and achieve the state goal of maintaining a healthy and competitive agricultural economy will need to casein'Ay consider the types of agriculture within different areas of the region and the amount of land and buffos needed to maintain those activities when allowing nonagiculturally dependent development Chinning of new development (111111, offers one means for achieving the conservation of rural lands while allowing development to occur. INVOLVED ACENCES The following public and pante ageneses may have responsibilities in the implemanuion of=aegis developed under this regional issue Federal: U.S.Department of Transportation State Florida Deferment of Gamine= Florida Department of Comity Affairs Fbxida Demme=of General Services Florida Depounost of Natural Resat= Florida Depamnent of State Florida Deparunent of Transpostarion Florida Game&Fresh Water Fob Caron Florida Departromt of Environmental Regulation Florida Department of Health tlt Reh.Militative Services Florida Department of Cattections Regional: East Central Florida Regional Placating Canned Ways Management Districts Wats Anthonnes Luca!: Local Governments Special Districts and Authorities Pry= Develop meat Industry REGIONALLY SIGNIFRIANT RESOURCES/FACILITIES Please refer to the list in Regional Iowa 37-52 anti 59-64. REFERENCES Please telex to the list in Regional Issues 37-52 and 59-64. EVALUATION MEASURES: Number of expansions to urban development areas which are not consistent with the guidelines established in Regional Policies 57.2 and 57.3. ?satiation of rural development guidelines adopted in loci plans which are consistent with the criteria in Regional Policy 57.17. L 4 :2 4U, j...i .Jo. POLICY 57.t Onegminenvarplammegettnee Mould be bin=rpm des dollme =orad.=des ldsonat arras Ilett stir impose of achlevieg =dip=mob=mesahavingafalcao�atsttaamiamid=hoarse®stdatea=Imegaaethsloonmes. The extentmad areasa rogyrg of urban development 1. Be defined according to the evaLbilliv of the types and levels of service seeesosy to support urban develomnan while maintaining consistency with the provisions of s.163.3177 10(h)and 1613202 2(11/.17-S. 2. Be defined in term of time with the opportunity to anodically expand the boundaries to neat the areas changing needs. 3. Mmtinsme the use of existing infasnname investments while minimizing the cost of providing additional services. 4. Provide sufficient developable land to an to fcae costed demands pini provide an over-supply of land which may allow flexibility in locational choice.acoontmodate variations in the projected growth rates.provide adequate lead time for planning and construction.or minimize increases in land prices caused bye shortage of developable land. 5. Exclude eavnvh y:nee dy sensitive areas with severe development constraints from the potential supply of land available for urban development. 6. Maintain condseency with adopted regional goals.policies and standards. 7. Disparage urban uses and intensities outside die rob=development area. 8. Support an attractive.Inactiandly and physically integrated mix of land uses to include affordable housing. rcuccs,All new develoimettshould occur inanordadyandeconomicalmanner,wedsthssammeItwiffthawed ex imiiadeempietttseatmbsr pine feedings aria=vtioeammi<vinedsadapmseewNew land mess should be staged for urbanized=in a contiguous manner that minimizes additional public investments mum sot 'ILstisigmi6eatsmepeYdiaodvihtaatletiihaIIbtii'it nttdeitgisatiapedll as■PebesiarpissiegpmosasCsteRstles- mseldeDRtpsome maim igeopiasph sleiodeaooteshistetheeiberdion[gee mteealssesasin c andbe need iedleer" m amide sedates ienenty cm enteetwi s the emiltbiliy of pbl6t Adis and an ntiear.perticeddywith tepid to the pmvionn etadeipeliamb cfe n ee cateriarthameghimes Jervis Mamma.• POLICY 57± A Regional Development Guide shall be prepared by 1995 which will exaoms the a3eaa of growth as different gew phie arras of Best Cenral Florida and public policies which should be followed to address foreseeable problems and assure orderly,coordinated,and economical development Once prepared.the guide will be adopted as pan of the Comprehensive Regional Policy Plan. The guide shall describe how the region should develop and include,but need not be limited to.die following; 1. An medlar of the a xiiiagg owls and develop —et policy in the legion se sand dna*arae htr,stat sod netted pine load piss aeawids Ameoaeaipiss.nailed development decisions.' 2 Asaim senitna part examine die impact of existing growth policy. 3. A population wile to demonstrate the impact of fumro growth on public services and facilities.hosing nems,and job it:generaats. 4. Mega of aignilleamiegiaminnerieereadfacilitim 5. Efforts to assess the relatiood ip of the environmental.economic and public 5scal systems to regional development patens. 6. .moment of these/cal ImpBarlota of physical growth policies. 7. Identification of appropriable sips aetwosaea nomad les 8. Identification of activity mow icsimialmamideiesignaimoi centers previously identified in local pians which meet those criteria. POLICY 57.12: The siting of ail locally unpopular lead roes"which will save more than one jurisdiction shall be coordinated through an adopted tncagove nmental siting process. REGIONAL ISSUE 3ile NATURAL RESOURCES PRESERVATION REGIONAL GOAL Ensure the pmberaon and preservation of the region's samel moon=and environmental quality. BACKGROUND SUMMARY: The East Cama!Florida region is fosumare,as is roost of Florida.to be endowed with an absdsoe of antenni name=and a high q 'mvatnmeat-These resources contribute signifirvndy to the region's desirability as a place to live and its economy as a major tourist destination. These resources are.however very tape ad assoeptoble in damage/zit debsa-if not properly protected from overuse,misuse,or abuse. Nevartheltas,stow*arid development nee inevitable in the region and®t be accommodated. East Cental Florida conceivably could absorb all prospective grown without gross adverse essvuonneaml effects.as only 8%of the region is=ready urbanized. There is a considaable amount of land that is available and 5 OM be developed with a minimum impact on the mutual ecology. The la y.of course.is wise land use and mow=planning and management Such planning mit bebedmass dtbsapsamlawutsehawk capobi1tiecand limitanotts INVOLVED AGENCIES The following public and privwe agencies may have responsibilities in the unplaaeumon of meanies developed under this regioreil ismre" Federal: U.S.Army Corps of Engineers National Aeronautics&Space Administration U.S.Department of Defense Stage: Department of Agriadtue and Consumer Services Florida Department of Community Affairs Ronda Deputme t of Envimuneotal Regulation Game&Fresh Water Ash Cammisom Florida Derpotomett of Naval Resources Florida Department of Transportation Regional: East Central Florida Regional Planning Council Si.!ohm River Watts Management District South Florida Waal Muu®enmr District Southwest Florida Water Managennu District Local: Latal Gotanemts Priv= Ervim®mal Groups Development industry REGIONALLY SIGNIFICANT RESOURCESlFACILITI S Place refer to the list in Regional Imam 37-41 43-46,and 52-55. REFERENCEiS Please refer o the list in Regional Imes 37-41.4,}46,and 52-55. EVALUATION MEASURE: Proportion of land use plans which incorporate regional policies designed to pmoect and conserve the legion's mural resources POLICY Sit: Land use decisions shall be based on an ane went d the apshillti s dam*=enrol systems.and man assessment of the total short-and long-tam esti—enW asst sed Moth=of supporting sad asmeitg de>'elc m er' POLICY Aa All land ase decisions=detrain=in the region shall be moistest veld*and soppmrtive of the moral mannan pen ecden polities contained within the Comprehensive Regional Policy Plan under various regional issue areas. POLICY Si.k Land use planning shall utilize the appmpdst WtillDts gmmdwer basis resamt='aslaoes cc other appapuue dna saw:mind raker the limitations of groundwater and other WEBS supplies m the fume land use plans. ttllR+70l4RZta6QEdter' PLANNING FOR PUBLIC FAQIZfl 5 REGIONAL GOAL:. The effective planning.location.coordination.financing and provision of public fnalUies ad stardom n®ry iD acme satins- and visitors in a timely,orderly and efficient manner to meet the region's existing and fume needs consistent with intended growth and development pannus.and provide for the protection and preservation of sensitive eavitvomeaoi=auras BACKGROUND SU1 tlARY_ The tem'pubic bedtime s mid o=lode bakes end ape=Menem taaspatdtfoe:wsBaEes;r Mew potable wenn Barad limes edictal=pub• • adletaancan ohicbolltwlsies aoaweed leeeda apemen bps ios®eaeoritTrThese cargoies of public factitics ate discussed in greater deed within Background Summaries of oder Regional issues in the Cel Regional Policy Plan. This disassaiaa is intended to provide an overview of ley issues and appoammhes pertaining to public facilities. A summary of the key issues and opportunities include the following: I.The on dproviding rim public halides pion unmenduts debt beedmo on mems moti=- a. L®taei esps:Moos and retrofitting of existing facilities may often be more needy than one-dene cansunction costs to include temporality unused capacity if incased use demands resulting from growth ars cep:c ed in the near flame. b. The.---of Wads by a govvmment entity to provide funds for the construction of public facilities and other capital improvements=cues a tedncaon in the discretionary portion of the government endtys budget in later yews. c. ledeod feels tie aspected to be reduced,with sonic funds bang eliminated due to budget constraints which would force government entities to educe spending or ford other fending seam Z Growls ad development is the agree mica that adthrimi new Pada will be amend sod some existing facilities will mire expansion to provide for he increased nerds 6 3.Tramtiamlly.rier timeless between the time of facility construction of growth-ambling facilities for use by die public and the tseapt of tax revenues Limn the public receiving benefit from the availability of the faniity. 4.Iaameingly.local gave nmett entities in the tear arc telybemrmew speeds fir thiefinancing of needed public facilities. However.in some untmnar it is somewhat difficult to determine a fair and equitable means of assessing cosh to new and existing users. S.mss bawea lone mmemmenta have been created over the identification of utility service ares.resulting in the need for established boundaries which are mutually agreed upon,with modifications being accomplished through negotiated ameement 6.The emcee a of privathefee err thecpeentien of public facilities and savices by private coetpaoea,is receiving increased consideration as a means of reducing the total costs and responsibilities of providing public services while indenting the levels of efficiency. 7.The siting.timing and provision of public felines=sit bends an development petu ad can be used as one method of guiding development and aro 3.The methods and amounts of public infrasmscmre funding aliocatau by sate and fedaud agencies have been insufficient to meet the needs arising from growth in the regiat causing the bettlog of public facility needs to become increasingly large. leVaitiamgee"tit the region during the neat 20 yes=hi amid trmane meisseasera`testore eller piece a 55%increase over the 1985 population. The meat of providing the rot dry public infnmanue to meet the existing and future needs of the region me a notanua.Total long-range . (1985-2010)roadway needs have been estimated to be appptnximarlly 31.835 Witten. of which almost$1.3 billion represent unmet needs for which no funding some bee been identified. Known public wasrewaaer treatment system improve meas and=pensions betty cal 1986 and 1990 total almost 5550 million. The public school districts in dm region have idem over S400 mullion in peeped earsanctiat pmjecs during the 1986-1990 time period.which include new denary,middle and high schools as well as espontiom and improvements to existing facilities Potable water supply system needs.from 1985 to 2000 have been teatime=to be almost 360 main. while land needed for additional community and urban district pada between 1985 and 2010 is mimed to cost apptmomaely 342=Moe The FDNR has=amend needs for additional beaches in the region by 1990 to be 303 tubs. The me of met figure derived from similar purchases in Berne and Voiotia wanes emits in an mansard met of apptmdrmldy$290 million. While oast estimates®a be developed tar stommear management facilities in the region,statewide. the oast adirore has been pieced at over$30 billion doting the next 20 yaws to manage swafmwlS gemmed by tutee growth and to meet even pmt of the unfulfilled needs of past devdopment. The continued provision of public facilities is critical to die maintenance of accepted and emceed standards in mem of public health.educational excellence,the quality of life,and public safety of the region's citizens and visitors. It is evident from the above cost estimates that efficiency and effectiveness are essential components in the planning design,canseuctioa and provision of public facilities in the region. It is also evident that a grater share of the cost burden for providing public futilities will be placid on local government entities within the region. The Ronida Legislature has taken seeps to oonupeusaae for reductions in federal funding levels Resent legislative attires have included: 1.Allowing local govanmeta to exercise grater taxing powers to gene=local increases in uanspmation revenues through local option taxes; 2.Establishment of the Local Govannrant Coopaanve Assistance(=MY)Progtam,which allows local governments nts to use the proceeds.or to bond against the proceeds,of the Sib aid 6th cent local options fuel at to obtain 20% matching support from the sate for compaction on sate and local bespeak=haloes that relieves purgation on the sate highway system: 3.Creation of a sate hood loan program for me in covering the coos of wastewater nem=system mmanction not covaed in the federal facility construction gusts peorsms. The sate bold loan program c>a support as mach as 3"2.00 million in loans annually: 4.'mance of stun bonds on bedef of local governments for wads supply and distribution facilities and solid warn disposal facilities. Generally.sate-backed bands result in lower intexe r taxa then if supported by local coemmutoties•,and 5.Creation in 1983 of a nota-texa®tng$100 million state grants program for wastewater treatment phut capon. Included in die program was the establishment of a$45 million small community tent fund the im am:awed namdpdmrs of less than 35.000 people. Local govrntmens ate tuning mote fregues dy to urs fees as a mem of offsetting decreases in federal financial ate. Connection.service and impact feet as well as up-front purchases of reeded capacity are becoming maim sources of revenues needed to construct wastewater neamnent facilities. The following table is a siumery of the cement capacity of public schools(IC-12)in this region. Capacity=one design capacity of pe merest school facilities (number of student stations);does not inaude modular units. • 7 ,., _J :f.) . jv ..+vui J..... J .., . • :.. ... i .. .. ..,. 41 t)U9 i (A5-5 _ ?t.P R1 3w'zr STUD&VT ETAT/CNS) .. g. •... . 1 n,... • •.... • tati:•S.,•r.._ i.:•V.: • 0/STRICT TYPE MURDER AT OR OVER ECY00LS AT OR GMT= SCHOOLS CAPACITY OV51t :aFAC^^Y IIR Q$$ 9REVAR0 3 44 29 56% .C7 4.7 14 1 319 •3 9 a 0 0% 71 s 4 n 01 In "O4At. 71 12 45% 251 LAM 3 18 14 79% 148 Y.S 9 1 X8% 4Q R 7 1 14% 11 3 4 1 25% ,z„i TOTAL 37 19 511 223 ORARGR 8 78 53 91% 663 • 11.3 18 15 39% 16( 9 11 9 73% 79 s 4 • 0% 0 TOTAL 111 87 78% 90t OSCEOLA 3 12 5 42% Li Y.3 5 1 20% 10 3 3 1 33% 2t 2 0 0 0 (100 "'alit:- 20 7 35% 99 SEMINOLE 3 25 24 96% 120 4.3 9 5 67% 73 9 5 2 33% 49 S 2 1 50% Q TOTAL 42 33 79% 246 70LDSLA 3 36 71 58% 277 1.3 9 4 44% 95 9 5 6 100% 111 s 5 1 171 2Q TOTAL C7 32 96% 510 TOTAL 3Y TY93 3 213 _55 73% 1428 t9.J 65 11513 393 3 33 18 55% 355 S 18 3 17% 57 1 21 5, HEGIC33L TOTAL 33% 210 523 2235 • INVOLVED AGENCIES The following public and private agenda may have responsibilities in the impkmemaaon of strategies developed under this regional iss* Federal: U.S.Enviroranercal Protection Agency U.S.Department of Dewe U.S.Department of Interior U.S.Department of Com mce U.S.Depannteat of alnauion U.S.Department of Hmlth . 8 (11100 and Hwnen Services Star= Executive Office of the Governor All Stine Agencies Regional: East Cam!Florida Regional Planning Council St.Johns River Water South Florida Water Managemau Dist= Management District Southwest Florida Water Management DisUic2 Local: Local Goveriments.including spacial disoicu arid andantino Mama:Wu=Planning Organinniona School Boards Ptivai= None REGIONALLY SIGNIFIC.ANT RESOURCES/FACLMES Public facilities and systems involving transportation;dramag=parts and recreation:wastewater:potable water public health;solid worse;and education REFERENCES Brevad County. 1979. Brewed 338 Water Quality Management Plan. &crud County Planning Department Titusville.Florida. ECFRPC. 1978. Orlando Metropolitan Ateawide 208 Water Quality Management Plan. East Central Florida Regional Planning Council. Winter Park.Florida. . 1979. The Waterfront Property Owner's Guide. East Central Florida Regional Planning Council.WinPark.Florida. 1983. Peeve on Regional Gmwth. East Central Florida Regional Planning Cawed Water Park,Florida. 1985. Point and Noopoint Source Aaessment of the NO*St.Janis River. Eait Causal Fkkida Regional Planning CounciL Winter Park Florida. . 1986. Regional Infrostrucanc Needs. Council Keynoier.December 1986. East Central Florida Regional Planning Council. Winter Park.Florida. FDER. 1986. Agency Functional Plan. Florida Department of Environmental Regulation. Talbhassee.Florida. (11111, FDOT. 1986. Florida Transpotuion Plan. Florida Department of Traraponation. Tallahassee.Florida. Smart.E. 1985. Making infill projects work. Urban Lind.September 198.5.pp.2-7. Twhiarrer V.and G.Bemuist. 1986. The State Water Use Plan: Where do we go from here? Florida Environmental and Urban hetes.13(3):8-12. Volusia County. Undated. VOillS13 208 Water Quality Management Plan. Volusia County Planning Department.Daytona Bock Florida. School Dishiest Brevard.Lake,Orange.Onaxda.Seminole.Volusin. EVALUATION MEASURES: The number(and percent)of public schools at or over capacity has decreased from 1990 data(table in background summary,by county and school type). • Pro onion of public talky plans which support and further adoped local and regional growth managrantrit plans. POLICY 6111.1k The provision of pubic facilities and arenas is intended to serve as a growth amminnent name,as such provision shall be undertaken and expanded within existing or ideatified fame urban development aims as shown on a local governments adopted future land use map and nix provided elsewhere, recess in cases of°welding politic beeetit cc where melded to meet an immediate ducat to public health or safety. POLICY 6119:The location and timing of provitling public facilities and services should be used as rnethixb of implants:ling local government comoehensive plans and associated growth management plans,ad kr the=Maim=of a ditect,objective rektionship tenon ne ennui way of public facilities and services nsd land use romans.Consideration shall be given to the following minimum criteria and procedures in the implementation of this policy cluster I.Policies.standards and anemia be wren and adopted for use in int asigmbas of spades new*thin which varying levels or intensities of public facilities and services shall be provided,and encouraging the corresponding levels of land development relative to each level of keiraties and services. - Theidanificaiion of such stets inchade,but ate not limited to,such factors as: a. Hsiang nod spec b. Paisse.nedena ideotifsedln adopted local conrorehenuve plans; C. Nearby clesedopmens nadnxised by swing or subdivision apponan; NOW' d. Cain=ar piamed fame design.non ems&by fractional clinsits e. am=levels of service sad planned hone improvement'on adjacmit roads within and tributary to each area; 9 an J. 4011. f. Existing cc planfame availability of emaniaarerand wawa ad -- & SaactafimPagaWkr-•:' 2.Based on the masa identified in 60.19(1),atoms be mapped,siarningrehene miens law* bienoldes amine:header mid arnoirssiislide,bow, rovid*Ist pm=of enomaginglat napiennotadas al land development axammniaminmenis In hared at feminism propeeento be movided, without artificially indasing land values or oven,/restricting locatiasai flexibility. 3-13almeleit Of bona and timing or meetraction at flints pub&%Whim barmade and periodically revised. boated on available and projected fiscal resoinces. The asteria used for esantaang the locanon and timing of consauction of fume public fall=be the same as those factors used for determining the appreciate level of facilities and services to be provided in each sum as identified in 60.19(1). POLICY 60.20:The cornprethensive planning process shall be used to ensure that[anent and faimpuble etellityandiernesanolleare planned and provided in a theely*Week:inn meaner,while safeguarding the holt.safety and wed=of the public and natural enviniument POLICY 60.11: The prep/eal otlibrthierrioarnid fatalities shell be planned and coordinard so that the provision of public services and facilities occurs in a meaner whicheneinagps middy genie and inpisorta and implernenm a convect and contiguous development paean. POLICY 60.. Public facilities.saviors.and programs shall badmigindinarriortheriamillaintderellopmeorpeojeami'lltaemptehennve and funaiomal plans and other planning document& • POLICY 60.23: Shea;rid kiiainge fbelllepplinesbellbseondinnettnierennenintiraills othereamineleindearnbar and other functional plonk and shall also be integrated into capital immanent magnum.Ile following minimum anniarorocedwes shall be adhered to in this impiemeniation of this policy: 1.Public facility end savicensedenbalbead.pianned as pen of.a local government comprehensive plan. 2.All pubfic facility and service arneansurinklasasseritlbeilbinkneinoiPsehemne.capital immanent tad reined Mans shall be periodically reviesved and amendedif riecenary.to assure that than will be a mutually suppotted nay of public facilities and servins to meet the needs of existing and propasai land uses. 3.Intensity of development Ad be projeded ix al Ind nen aspen of comprehensive or appropriate functional studies. Such projections shell be used in the estimation of public facility,service and program neecia. 4.Public facility plans shall be premed and terabely updated in coordination with public facility carnital improvement programs and annually approved capital immanent budgets. 5.Public facility and service meamonsicheions and be mimed fhe the purpose ensuring that=Wangs affecting the health.safety,and welfme of the public am achieved,and that unavoidable adverse impacts are diminished or mitigated to the maximum extent possible. POLICY 60.:14t..Palm week annendevainpmenunalte.disonedisidanifienrinear development mentivbein adating-puble feedbags haw settliciont impiety.orpulal_icipisnia.-inamaketibeiestrindea nemipenethapioSeinedianvieedsmsdar," POLICY la= Tbn plasniqg and*dial irritable theditiat and Indian is rednedbpsfnesrabonid csuider bodowithisr thapmposed swim seen ienes of tbeemiadalky for uttmaineion with routing of lines and ovision of services being used to guide growth into areas suitable for development while • availing environmentally sensitive areas. POLICY 60.31:Pah& fealties shall ant be loosed wenn the 100-year flootphin ole&oda=areas.vides the fealties ate weer lehmet.mai a bait =pm docks.or nintsce won annagement streaaes.or mu we advenety awed by petiode fkiediter or nancling were such sr highway badger and filk Asthma=to this policy.requires,at a minimum that 1.Policies be pitanolgazed.adopted aid enforced.prohibiting the construction of public facilities within the 100-year flocdpiain or in wetland arms unites such facilities ace directly water-reined.flood mooted,above the 100-yflood elevation,or we not impained by pencil:fie Sooting or standing water. If construction in the l00-year floodplain is necanary,such=sanction should be compatible with the conditions of Policy 39.10. 10