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Home My WebLink AboutV(A) Second Reading: Ordinance No. 96-22, Non-Substantial Amendment To Revised Land Use Plan For Plantation Grove PUD!' 000GG "CENTER OF GOOD LIVING -.PRIDE OF WEST�ORANGE AGENDA 11-05-96 Item V A S.-SCOTT VANuhxvxtr i' a O y?. OF G000 DATE: October 10, 1996 - CITY OF- OCOEE 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761 -2258 (407)656-2322 MEMORANDUM TO: The Honorable Mayor and City Commissioners THROUGH: Russell B. Wagner, AICP, Director of Planning FROM: Abra E. Horne, Senior Planner SUBJECT: Plantation Grove PUD - Non -Substantial Land Use Plan Amendment ISSUE: 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 t0.96 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.) Afake 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 respectfuIly,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-" C:\AHPDFILENFIRESTA-RSOUTHFS\SRP96026.WP2 JACKSONVILLE TALLAHASSEE TAMPA WEST PALM BEACH MILWAUKEE MADISON CHICAGO WASHINGTON, D.C. FOLEY & L A R D N E R A T T O R N E Y S A T L A W SUITE 1800 111NORTH ORANGE AVENUE' ORLANDO, FLORIDA 32801 TELEPHONE 1407) 423-7656 FACSIMILE (4071 648-1743 MAILING ADDRESS POST OFFICE BOX 2193 ORLANDO, FL 32802-2193 MEMORANDUM J, _ A MEMBER OF GLOBAL.EX WITH MEMBER OFFICES IN BERLIN BRUSSELS DRESDEN FRANKFURT LONDON PARIS SINGAPORE STUTTGART TAIPEI TO: Russell B. Wagner, AICP, Director of Planning FROM: Paul E. Rosenthal, Esq., City Attorneyf};�� DATE: October 1, 1996 RE: Plantation Grove PUD4., 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:%WP51\DO(MOCOE1MEMOSIPLANI'GR.MEM 110141%1 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 "ROADWAYIRETENTION" 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 "1" 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 "ORC°) 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 nova 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 03" attached hereto fora fire station site (the "Fire Station Site"). NOW, THEREFORE, BE IT ENACTED BY THE .00OEE 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 Vill 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 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. Severabilily. 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. SECTION 5. 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 day of 11996. 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 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 1 (Plantation- Grove-PUD Legal Description) PLANTATTOl� �GROVS :LUST: • -- - ._, - -. A` A PORTION. OF;�.THEiHOR'1YHWEST�SII QP� :SEQznli�.�iR�",� T�O�TSSTP�`�� IsouTK';' h�tPttE✓=ZS✓ E.LSTI-ORANGE COUNTY ; FLORIDA BEING• . MORE PARTICULARLY a DESCRIBED AS.FaLLOWSL-- ` 'COMMENC_ AT' THE�-NORTHWEST CORNER :.OF-SAID'.SECTIOK"-3Z; THENCZ SOUTH 890590-26",. EAST_=ALONG-THEN::NORTE_�: LINE::OF'' NORTHWEST - 1/4 . OF SAID SECTION": -32 FOR-:c:00' 40,'. FEET ,: TO' THE` ;POINT. OF 'BEGINNING; THENCE CONTINUE: -SOUTH.• 89°59 "261"; EAST';'AWNG SAID -NORTH LINE -FOR 2,602.59 FEET TO THE EAST, -LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32: '.THENCE SOUTH:00°2T'5Z" 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 89*54150" WEST, 2300.04 FEET:' THENCE NORTH 000211'351" .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, RANGE 28 EAST, ORANGE COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 31: THENCE SOUTH 89019125" 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 00"21135" 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°27'37" WEST FOR 310.00 FEET; THENCE SOU"I`H 00021135" EAST FOR 167.32 FEET;, THENCE SOUTH 89029'38" WEST FOR 970.11 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH _-00°14' 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 8901912511 :AST ALONG SAID NORTH LINE FOR 1276.58 Dr: TO THE POINT OF BEGINNING AND CONTAINING 47.92 ACRES MORE OR LESS. TOTAL LAND AREA - 201.53 ACRES. Exhibit 2 (Proposed Maguire Road Stormwater Retention Area Legal Description) 'TRACT N" A parties of land lying is the southeast quarter of the northeast quarter of Section 31, Township 22 South, Range 28 East, 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, lea the north 30 feet thereof and less the ast 40 feet thereof for road right- of-way. Same being: Commence = the northeast coiner of said Section 31; thence south 89-19Z5" west, along the north line of the northeast qua= of sal-: Section 31. 40.00 fee ; theuc a south 00'21'36" east, 1,37037 feat to the Point of Beginning; thencz south 00,21'36" cast along the west' right --a -way line or Maguire Road, 137.66 feet; them south 39 29"3 S" west, MOM feet; thence north QO'Z 1'35" west, 137.48 feet; cheaca north 89*2 370 east, 310.00 feG to the Point of Beginning. Said lands lying in the city of Ocoee, Orange County, Florida containing .979 acres mole or less. The above legal description was tale= from the last recorded =nsfer of the subj= site as set out to OIL Book 4278, Page 1536 of the Public Records of Orange County, Florida. Exhibit 3 (Proposed Maguire Road Fire Station Legal Description) "A PORTION. OF TRACT F" Lot 6, OPUS SOUT L as recorded in Plat Boole 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 AGENDA 11-05-96 Item V A NOTICE OF PUBLIC HEARING M CITY OF OCOEE NOTICE IS HEREBY GIVEN pursuant to Section 168.041 Florida statutes, that Me Ocoee City Commission will hold. at a regular session to be held November 5. 1998 at 7:30 p.m., or as soon there- after as practical. a Public Hearinq at the Cammasron, Chambers. Ocoee City. i Hall, 150 North Lakeshore Orive. Ocoee. Florida in order to consider on the second of two readings the adop. bon of the following ORDINANCE NO.96.22 AN ORDINANCE OF THE CITY OF OCOEE. FLORIDA. APPROVING A NON-SUBSTAN IALAMENDMENT TO THE REVISED LAND -USE PLAN FOR PLANTATION GROVE PUD. ON CERTAIN REAL PROP- ERTY LOCATED ON SOUTH MA- GUIRE ROAD. NORTH OF ROSM SON ROAD. WITHIN TRACTS F AND OF PLANTATION GROVE PUD. AS PETITIONED BY THE CITY OF OCOEE ON BEHALF OF THE PROPERTY OWNER. AMEND- ING THE PLANTATION GROVE PUD-REVISED LAND USE PLAN APPROVED BY THE CITY COM- MISSION ON MAY 5. 1992 BY CHANGING THE LAND USE OF TRACT N FROM 'ORE STATION' TO 'ROAOWAYIRETENTION• AND BY ALLOWING A FIRE STATION AS A PERMITTEDUSE WITHIN - TRACT F: PROVIDING FOR SEV- ERABILITY, PROVIDING AN EF- FECTTVE DATE. A copy of the proposed ordinance may be examined by the public in the office of h 811Ocoee o Na Lakeshartmemore fve Ocoee. Florida between the hours of 8:00 am. and 5:00 • p.m., Monday through Friday, except for legal holr- dal% or phone 656.2322, extension 13. If any person desires to appeal any de- cision with respect to any matter con- sidered at these meeth such person will need a record of the proceedings. and for this purpose, such person may need to ensure that a verbatim record of proceedings is made which includes i the testimony and evidence upon which the appeal is based Persons with disa- bilities needing assistance to cartiapate in any at the proceedings should con- tact the City Clerk's office 48 hours in advance of the meeting at 9407) 656- 2322. Jean Grafton: City Clerk City of Ocoee COR1182742 OCT.13.1996