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HomeMy WebLinkAboutVI (A) First Reading: Ordinance No. 96-22, non-substantial amendment to Revised Land Use Plan for Plantation Grove PUD. Second Reading and Public Hearing are scheduled for November 5, 1996"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" CITY -OF OCOEE 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761:2258 (407) 656-2322 0p 0000 MEMORANDUM DATE: October 10, 1996 TO: The Honorable Mayor and City Commissioners THROUGH: Russell B. Wagner, AICP, Director of Planning FROM: Abra E. Horne, Senior Planner 04- SUBJECT: Plantation Grove PUD - Non -Substantial Land Use Plan Amendment ISSUE: AM -MA 10-15-96 Item VI A S. SCOTT VANDERGRIFT COMMISSIONERS RUSTY JOHNSON SCOTT ANDERSON SCOTT A. GLASS JIM GLEASON CrrY MANAGER ELLIS SHAPIRO Should the Honorable Mayor and City Commissioners adopt Ordinance 96-22 and approve a revision to the Plantation Grove PUD - Land Use Plan that will provide for the relocation of the proposed fire station/ public services building from Tract N to Lot 6 (Opus South) and permit a stormwater retention pond to be located on Tract N? BACKGROUND: Plantation Grove PUD, a 201-acre multi -use project located on South Maguire Road north of Roberson Road, was originally approved by the City Commission on November 22, 1988. Several revisions to the Plantation Grove PUD - Land Use Plan have been approved since then, with the most recent Substantial Amendment being approved by Ordinance 92-08 on May 5, 1992. It provided for: (1) an increase in multi -family density; (2) a decrease in lot size and living area for single-family Tracts B, C, and D; (3) the realignment of Moore Road; and (4) shifting the commercial tract to the south so that it abuts the new Moore Road alignment. The City of Ocoee, on behalf of the owner, is requesting a Land Use Plan Amendment that will: (1) relocate the proposed fire station/ public services building from Tract N to Lot 6 (Opus South); and (2) permit a stormwater retention pond to be located on Tract N. In order to accommodate growth and reduce response times in that vicinity, the City of Ocoee acquired Tract N to construct a fire station/public services building. The natural topography of Tract N was later determined to be more suitable for a stormwater retention pond for the Maguire Road widening than for a fire station. Accordingly, City staff sought to find a more suitable fire station site. After reviewing various sites, the City has negotiated to purchase a ±0.96 acre parcel from the Maguire Road Corporation (Lot 6, Opus South). Before purchasing Lot 6, the City has applied for a Non - Substantial Amendment to permit the proposed fire station/ public services building to be built within Lot 6 rather than Tract N, and to allow the stormwater retention pond to be built within Tract N to accommodate the widening of Maguire Road. Page 2 The Honorable Mayor and City Commissioners October 10, 1996 DISCUSSION: Per Section 4-5 (D)(1) of the Ocoee Land Development Code (LDC) any alterations to the approved Land Use Plan must be classified as either Substantial or Non -Substantial Amendments. Substantial Amendments are amendments which: (a) Include a land use not previously permitted under the approved PUD Zoning; (b) Would alter the land use type adjacent to a property boundary; (c) Would require an amendment to the Conditions of Approval; (d) Would increase the land use intensity within a development phase without a corresponding decrease in some other portion of the overall PUD; (e) Amend the phasing to propose a land use in advance of the development it was designed to support; and (f) Make any changes of a similar nature, complexity or approval process. Upon review, the DRC determined that the proposed amendment should be classified as a Non -Substantial Amendment because it proposes to relocate a previously permitted land use (fire station/ public services building) from a residential area to the commercial center and would establish a lower intensity use along the property boundary (a stormwater retention pond). PLANNING AND ZONING COMMISSION RECOMMENDATION: No Planning and Zoning Commission action is required per the Ocoee Land Development Code Section 4-5 D.(3) which states that, "Amendments determined to be Non -Substantial Amendments must be submitted (includingplans and support data) and approved jointly by the DRC and confirmed by the City Commission. " STAFF RECOMMENDATION: On October 7, 1996, the DRC: (1) found the requested revision to be a Non -Substantial Amendment; (2) unanimously approved the proposed Non -Substantial Amendment including revisions to the Land Use Plan; and (3) forwarded, the application to the City Commision for approval. Based upon these actions, staff respectfully recommends that the City Commission adopt Ordinance 96-22 which approves the proposed Non -Substantial Amendment, including revisions to the Land Use Plan. Attachments: Proposed Revision to the Plantation Grove PUD - Approved Land Use Plan (dated 9/30/96) Ordinance 96-22 C:\AHPDFILE\FIRESTA-RSOUTHFS\SRP96026.WP2 F O L E Y- & L A R D N E R A T T O R N E Y S A T L A W SUITE 1800 111 NORTH ORANGE AVENUE ORLANDO, FLORIDA 32801 JACKSONVILLE TALLAHASSEE TELEPHONE (407) 423-7656 TAMPA FACSIMILE (407) 648-1743 WEST PALM BEACH MILWAUKEE MAILING ADDRESS MADISON POST OFFICE BOX 2193 CHICAGO ORLANDO, FL 32802-2193 WASHING70N, D.C. TO: Russell B. Wagner, AICP, Director of Planning FROM: Paul E. Rosenthal, Esq., City Attorney k1L DATE: October 1, 1996 011 CITY 9F A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN BRUSSELS DRESDEN FRANKFURT LONDON PARIS SINGAPORE STUTTGART TAIPEI RE: Plantation Grove PUD: Land Use Plan Change from Commercial to Fire Station/Designation Lot 6 of the Plat of Opus South (the "Property") is currently owned by Maguire Road Corporation. The City intends to purchase the Property and utilize the site as a fire station site. The Land Use Plan for Plantation Grove PUD currently designates the Property with a Commercial land use designation. Accordingly, the use of the Property as a fire station site requires an amendment to the Plantation Grove PUD Revised Land Use Plan. Additionally, the City currently owns fee title to a vacant parcel of land located within the Plantation Grove PUD along the west side of Maguire Road and identified as Parcel N on the Revised Land Use Plan ("the Vacant Parcel"). The Vacant Parcel is designated for use as a fire station site, but the City currently plans to use the Vacant Parcel as a retention pond in connection with the 4-laning of Maguire Road. In our opinion, no amendment is required to use the Vacant Land .for roadway retention purposes The provisions of Section 4-5.D of.the Land Development Code sets forth the criteria to determine whether an amendment to an approved Land Use Plan is a substantial or non -substantial amendment. Our' review indicates the following with respect to the proposed use of the Property as a fire station site: (a) The Plantation Grove PUD Revised Land Use Plan currently permits a fire station site. Accordingly, the proposed amendment does not involve a change to include a land use not previously permitted within the PUD. E S T A B L I S H E D 1 8 4 2 Russell B. Wagner, AICP, Director of Planning October 1, 1996 Page 2 (b) The Property is not adjacent to a property boundary. (c) No changes are required to the Conditions of Approval with respect to the proposed use of the Property. (d) It is my understanding that the proposed amendment does not increase the land use intensity within a development phase. (e) The proposed amendment does not affect the project phasing. (f ) The. proposed amendment does not appear to be complex or have any unique aspects. Based upon the above analysis, it is my recommendation that the Development Review Committee find the proposed amendment to be a non -substantial amendment. Non -substantial. amendments are approved . in accordance with the provisions of Section 4-5.D(3) of the Land Development Code. Additionally, the amendment must be adopted by ordinance. In connection with the proposed amendment to the Plantation Grove PUD Revised Land Use Plan, I have also reviewed the requirements of Section 5-7 of the Land Development Code regarding public services and public buildings. In my opinion, the notice and public hearing requirements of this Section are not applicable to the proposed amendment since a fire station site is already authorized under the Plantation Grove PUD Revised Land Use Plan and the City is only proposing to relocate the fire station within the PUD zoning district. Accordingly, there is no new use which needs to be approved within the PUD. Further, the Vacant Land will now be used for roadway retention and, as a result, there will be no increase in the number of fire station sites approved within the PUD. PER:dh cc: Ellis Shapiro, City Manager Chief Ron Strosnider Abra Horne, Planner C:\WPSI\IDOCS\OCOE\MEMOS\PLANTGR.MEMI 10/4/961 DEBBIEH I PER:dh ORDINANCE NO.96-22 AN ORDINANCE OF THE. CITY OF OCOEE, FLORIDA, APPROVING A NON - SUBSTANTIAL AMENDMENT TO THE' REVISED LAND USE PLAN FOR _PLANTATION GROVE PUD, ON CERTAIN REAL PROPERTY LOCATED ON SOUTH MAGUIRE ROAD, NORTH OF ROBERSON ROAD, WITHIN TRACTS.F AND N OF PLANTATION GROVE PUD, AS PETITIONED BY,THE.CITY. OF OCOEE ON BEHALF OF THE PROPERTY OWNER; AMENDING THE PLANTATION GROVE PUD - REVISED LAND USE PLAN APPROVED BY THE CITY COMMISSION ON MAY 5,1992 BY CHANGING THE LAND USE OF TRACT N FROM "FIRE STATION" TO "ROADWAY/RETENTION" AND BY ALLOWING A FIRE STATION AS A PERMITTED USE WITHIN TRACT F; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the.City of Ocoee, -on behalf of the owner of certain real'property located within the corporate limits of the City of Ocoee, Florida, as described in Exhibit "l" attached -hereto, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to' approve revisions ("Non -Substantial Amendment") to the Revised Land Use Plan for the Plantation Grove PUD, as approved by the Ocoee City Commission on May 5, 1992 (the "Revised Land Use Plan"); WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee _City Code"), the Planning Director has reviewed said petition and determined that the Non -Substantial Amendment is consistent with'the City of Ocoee Comprehensive Plan (the "Ocoee Comprehensive Plan"); WHEREAS, the Non -Substantial Amendment was scheduled for study and recommendation by the Development Review Committee of the City of Ocoee, Florida (the "DRC") on October 7, 1996; WHEREAS, the DRC has reviewed the Non -Substantial Amendment for consistency with the Ocoee Comprehensive Plan and determined that the Non -Substantial Amendment 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 it approve the Non -Substantial Amendment and find it consistent with the Ocoee Comprehensive Plan; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the proposed Non -Substantial Amendment; WHEREAS, the Ocoee City. Commission has determined that the Non -Substantial Amendment is consistent with the Ocoee Comprehensive Plan; WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes; WHEREAS, certain real property, as described in Exhibit "2", within the Plantation Grove PUD is permitted for a fire station site ("Tract N"); WHEREAS, the City intends to use Tract N for roadway/ retention; and WHEREAS, upon approval of this Ordinance the City intends to purchase that certain real property located within the Plantation Grove PUD, as more particularly described in Exhibit "3" attached hereto for a fire station site (the "Fire Station Site"). NOW, THEREFORE, BE IT ENACTED BY THE OCOEE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: - SECTION '1. Authority. The Ocoee City Commission has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Non -Substantial Amendment to the Revised Land Use Plan. The Revised Land Use Plan, as approved by the Ocoee City Commission on May 5, 1992, is hereby amended as follows for Tracts F and N of the Plantation Grove PUD, as shown on the Second Revised Land Use Plan for the Plantation Grove PUD dated September 30, 1996 (the "Second Revised. Land Use Plan"): A. The Second Revised Land Use Plan is hereby approved, subject to the terms and conditions set forth in this Ordinance. The Second Revised Land Use Plan supersedes the Revised Land Use Plan. B. Tract F is permitted for a fire station/ public services building to be constructed upon it. C. Tract N is permitted for roadway/ retention. D. No further public hearings shall be required prior to construction on the Fire Station Site or Tract N. SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that the Non -Substantial Amendment is consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 effect the validity of the remaining portion hereto. SECTIONS. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. This Ordinance shall take effect upon passage and adoption. PASSED AND ADOPTED this ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY -OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1996. FOLEY & LARDNER By: City Attorney day of 11996. APPROVED: CITY OF OCOEE, FLORIDA S: Scott Vandergrift, Mayor ADVERTISED October 13, 1996 READ FIRST TIME October 15, 1996 READ SECOND TIME AND ADOPTED Under Agenda Item No. Exhibit I (Plantation Grove PUD Legal Description) �PLANTATION�CROVg:EAST)' �aPr.:�EC�Z,�_.,a_ AOrB,tssxgF�'-�� :SatvrN; t ••;. FLORIDA _ BEING• , MORE PARTICULARLY LDESCRIBED AS•FOLLOWSZ T-_- COh41ENCR'�AT`-THE-NORTHWES'i:;CORNER:.OP. SAID ;SECTIOtt; 32; :THENCE, SOUTH 890591Z6" �'EAST-VALONG_7THE-_NORTfi--IINE ;AF''.-NORTHWEST . 1/4;'OF--SAID SECTION'e°'32`:FORc40:0(r.'FEETtiTO'-'_THE.=°POINT':'OF'BEGINNING,. THENCE LCONTINUE.7SOUT_ H`.-89°59'26^';EAST-_ALONG SAID^'NORTH- LINE. -FOR 2,602.59 FEET TO -THE'..EAST-:LINE OF THE -NORTHWEST "1/4 OF SAID SECTION 32; +THENCE SOUTH.0002V 52" EAST. ALONG SAID EAST LINE FOR 1,761.38 FEET; THENCE SOUTH 89049'54"' WEST FOR 305.73 FEET; THENCE SOUTH 00°33'04" .EAST -FOR. 914_84 FEET; -.:THENCE RUN .SOUTH 89054'50" WEST, 2300.04 FEET;' THENCE NORTH: 00021'"35'r.".WEST, 2690.98 FEET TO THE POINT OF BEGINNING. - .'SAID LANDS LYING IN ORANGE COUNTY AND CONTAINING 153.66 ACRES MORE OR LESS TOGETHER WITH PLANTATION GROVE WEST A_PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RA14GE 28 EAST, ORANGE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 89019' 25" WEST ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31 FOR.40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00021'35" EAST. ALONG A LINE PARALLEL - WITH AND 40-00 FEET WEST OF THE EAST LINE OF SAID SECTION 31 FOR 1508.03 -_FEET; THENCE SOUTH 89°27137" WEST FOR 310.00 FEET; THENCE SOUTH 00021'35" EAST FOR 167.32 FEET; THENCE SOUTH 89°29'38" WEST FOR 970.11 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SEf_=ON 31; THENCE NORTH 00014' 18" WEST ALONG SAID WEST LINE FOR 1671.75 FEET TO THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89019125" EAST ALONG SAID NORTH LINE FOR 1276.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 47.92 ACRES MORE OR LESS. 'TOTAL LAND AREA 201.58 ACRES. Exhibit 2 (Proposed Maguire .Road Stormwater Retention Area Legal Description) "TRACT N" r9 pared of land lying in the southeast quarter of the northeast quarter of Section 31, Township 22 South, Range 28 Fit, .Orange County, Florida, more particularly described as follows: The north 167.6 feet of the east 350 feet of the north one -quarter of the southeast quarter of the northeast quarter of said Section 31, IeR the north 30 feet thereof and less the east 40 feet thereof for road right- of-way. Same being: Commence at the northeast comer of said Section 31; thence south 89'19'25" west, along the north line of the northeast quarter of sal-: Section 31, 40.00 fed;.thence south 00'21'36".east, 1,37037 feet-to.the -- Point of Beginning; thence south 00'21'36" east along the west right-of-way line of Maguire Road,_ 137.66 feet; thence south .89'2938" west, 310.00 feet; thence -north 00'21'35" west, 137.48 feet; three north 89'27 37" east, 310.00 feet to the Point of Beginning. Said lands lying in the city of Ocoee, Orange County, Florida containing .979 acres more or less.' - The above legal description was taken from the last recorded trazzsfer of the subject site as set. out -in O.R. Boots 4273, Page 1536 of the Public Records of Orange Cotmty, Florida. Exhibit 3 (Proposed Maguire Road Fire Station Legal- Description) mA PORTICN OF TRACT F' Lot 6, OPUS SOUTH, as recorded in Plat Book 33, Page 21 of the Public Records of Orange County, Florida. The above legal description was prepared by the Appraisers based upon a review of the Public Records of Orange County, Florida.