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HomeMy WebLinkAbout12-08-1998 Agenda Packet • Ocoee • Cl 160 1 '' c CITY OF OCOEE tier ��+ PLANNING AND ZONING COMMISSION ' AGENDA • or coo December 8, 1998 7:30 PM I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, November 10, 1998 B. The Esplanade Apartments at Plantation Grove P.U.D. Phase I, Final Site Plan Project No. 97 -003 III. NEW BUSINESS A. Establishing Procedures to Obtain Conceptual Approvals within Special Overlay Areas - Land Development Code Amendment (LOCAL PLANNING AGENCY) [ Public Hearing] B. Devon Cove Joint Planning Area Agreement [Public Hearing] Case No. JPA- 98-003 (LOCAL PLANNING AGENCY) (Request Continuance until 1/12199 Planning & Zoning Meeting) C. Sonntag Annoxation / Roxoning [Public WITHDRAWN NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:30 p.m. in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who dew to appeal any decision at this meedng will need a record of the proceedings and for this purpose may need to ensure that a verbadm record of the proceedings Is made which includes testimony and evidence upon which the appeal is based. Persons with dbabllIdes needing assistance to parddpate in any of these proceedings should contact the City Clerk's Office 48 hours In advance of the meedng. • Page 2 k re Planning and Zoning Commission December 8, 1998 D. Frank Vine / Beazer Homes Annexation [Public Hearing] Case No. AR -98 -10-10 E. Frank Vine / Beazer Homes Rezoning [Public Hearing] Case No. AR -98 -10-10 F. Parker / Lawrence / Beazer Homes Rezoning [Public Hearing] Case No. R -98 -10-11 G. Dye / Christensen / Orange County Public Schools Annexation Case No. AR -98 -10-12 [Public Hearing] H. Dye / Christensen / Orange County Public Schools Rezoning Case No. AR -98 -10-12 [Public Hearing] I. Colony Plaza Rezoning [Public Hearing] Case No. R -98 -09-08 IV. COMMENTS V. ADJOURN L ITEM NUMBER 11. A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 10, 1998 DRAFT Subject to Board Approval MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, NOVEMBER 10, 1998 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:34 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. Chairman Switzer noted for the record that Alternate Member Golden would be serving as a voting member for the meeting. PRESENT: Chairman Switzer, Vice Chairman Bond (arrived 7:35 p.m.), Members Christoefl, Landefeld and Miller (arrived 7:38 p.m.) and Alternate Member Golden. Also present were Planning Director Wagner, Assistant City Attorney Formella, Principal Planner Horne, Senior Planner Lewis and Deputy City Clerk Green. ABSENT: Members Hopkins and Rhodus and Alternate Member McKey. Chairman Switzer announced that the public hearing for the proposed Ocoee High School Public Building had been postponed at the request of the applicant. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, October 13, 1998. Member Landefeld, seconded by Member Christoefl, moved to approve the consent agenda as presented. Motion carried 5 -0. (Member Miller had not yet arrived) NEW BUSINESS WEST OAKS SQUARE - SMALL SCALE COMPREHENSIVEPLAN AMENDMENT - CASE #SSCPA -98- 001 - PUBLIC HEARING (AS LOCAL PLANNING AGENCY) Principal Planner Horne presented the staff report for the proposed change to the Future Land Use Designation for a portion of a 4.5 acre vacant parcel located approximately 300 feet east of the intersection of State Road 50 and Citrus Oaks Avenue. She explained that the applicant is requesting a change from Professional Service to Commercial for the western portion of the property, but not for those areas previously designated Conservation and Commercial. Mrs. Horne summarized the zoning history of the parcel. Using computerized display, she pointed out the parcel on before and after segments of the Future Land Use Map and pointed out the land uses for the surrounding parcels. She concluded with Staff's recommendation for approval. Mrs. Horne said several representatives for the applicant were present to answer questions. . Subject to Board Planning and Zoning Commission Regular Meeting Approval November 10, 1998 Clerks Note: It was agreed that the staff reports for both the West Oaks Square Comprehensive Plan Amendment and the PUD zoning would be presented before discussion and the public hearings. WEST OAKS SQUARE PUD ZONING AND LAND USE PLAN /PRELIMINARY SITE PLAN CASE #LS- 98 -005 - PUBLIC HEARING Senior Planner Lewis presented the staff report for the proposed Planned Unit Development (PUD) zoning and the Land Use Plan/Preliminary Site Plan for the subject parcel. He pointed out its location on the south side of SR 50 across from the West Oaks Mall and just east of Citrus Oaks Avenue. Mr. Lewis's computerized display included various photographs of the parcel, the Land Use Plan, the Site Plan and an elevation of the proposed building. He said the Plan provides for a commercial building with approximately 20,600 square feet. He said it is the applicants's intent to provide space for professional offices and low intensity retail activities. The proposed permitted uses would be those listed in the C -2 zoning district with the exclusion of a specific list of more intensive commercial uses. He said the project is subject to the upgraded standards in the "Ocoee State Road 50 Activity Center Special Development Plan." The applicant is requesting two waivers from those standards for: (1) maximum building setback of 100 feet (to 141 feet) and (2) limit to one bay of parking in front of the building (to one and one- half bays). He said the off - setting considerations are environmental constraints on the site and upgraded landscaping. He concluded with Staff's recommendation for approval including the requested waivers. Planning Director Wagner pointed out that the proposed building would have been allowed in the current zoning for the site and could have been approved through a staff review since it is less than 25,000 square feet. He said the only real difference would be the uses, and those uses have been restricted significantly in the Conditions of Approval. Mr. Wagner emphasized that Staff had been very thorough and that the project had upgrades as a result of the review and applying the State Road 50 Activity Center standards. .He explained that the list of allowable uses was negotiated by reviewing the standard C -2, Community Commercial District uses and eliminating most intensive uses. He said the PUD zoning would allow the City to control what went in there. For the record, he clarified that any use that would require a Special Exception within a C -2 District would also require a Special Exception before being allowed within the PUD. Members expressed concern that the proposed PUD might not protect the City over time. Mr. Wagner explained that the PUD would remain in effect even if the subject property were sold. And Assistant City Attorney Formella stated that there was a Developer Agreement that would be recorded to inform any potential purchasers of the limitations that would affect the property. Mrs. Bond expressed concern about increased traffic that the zoning change might allow, but was encouraged that restrictions would go with the site if it should change hands 2 DRAF Subject to Board Planning and Zoning Commission Regular Meeting Approval November 10, 1998 Chairman Switzer recalled past controversy about the wetlands, and Mr. Wagner said the Plan restricted the building of any structure within 25 feet from the 100 year flood plain and within 75 feet from wetlands. Member Christoefl asked who would maintain conservation areas and if the owner would have control of it. Mr. Wagner said the ordinance provides for the maintenance of landscaped areas, but he will need to check the new Activity Center ordinance to determine the requirements for maintaining those types of areas. He said the owner will have control of the portion on his site under auspices of the State Agency. Chairman Switzer asked how they were proposing to handle traffic. Mr. Wagner explained that only one driveway would be permitted and its location was approved by DOT and it would be right - in/right -out only . Member Christoefl, speaking as a former resident of Citrus Oaks, said she thought the project would help to serve as a noise barrier from SR 50 for Citrus Oaks and would clean up an area prone to litter. The public hearing was opened for the Small Scale Comprehensive Plan Amendment with the board serving as the Local Planning Agency. Edward Sant, owner of the property, introduced his wife Joyce and his sons Dean and Dr. Jason Sant. He explained their interest in combining commercial and professional uses so that Dr. Sant might sell eyeglasses. Mr. Sant said they waritto do an upscale project. Dr. Jason Sant said he is an eye doctor who wants to also provide spectacles. Dean Sant, applicant, explained how their project was consistent with one of the stated aims of the State Road 50 Activity Center Special Development Plan which was to encourage mixed uses. He said they planned to do an excellent project that would allow a few small light retail uses in addition to the uses that were permitted by the existing zoning. He said the proposal presented at the hearing was a good compromise. Vice Chairman Bond confirmed that they were the developer for CentraCare, and expressed concern about the poor workmanship she had seen in a tour of the building. Alternate Member Golden asked if there were any existing landscaping that would be worth saving, and Mr. Dean Sant said there was not. Mrs. Bond said she had no problem with the site being developed as long as it is professional 3 DRAFT Subject to Board Planning and Zoning Commission Regular Meeting Approval November 10, 1998 office, as she was very concerned about high traffic uses such as a daycare. Member Landefeld said he also has a problem with mixed uses. Mr. Wagner emphasized that all the heavier intensity uses that would normally be in a C -2 zone are restricted. Member Christoefl asked if the Sants might readdress landscaping to Phase I, CentraCare, and Mr. Dean Sant said that they will have the designer readdress it. The public hearing was closed. As had been recommended by staff, Member Christoefl, seconded by Member Landefeld, moved to find the application of West Oaks Square, Inc. in Case Number CPA -98 -001 to be consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) surrounding land uses, and to recommend approval of the requested future land use designation change from Professional Service to Commercial, less the areas previously designated Conservation and Commercial. Motion carried 5 -1 with Vice Chairman Bond voting "No." Chairman Switzer and Member Landefeld commented that they were reluctant in their support. The public hearing was opened for the PUD zoning and the Land Use Plan/Site Plan. As no one wished to speak, the public hearing was closed. As had been recommended by staff, Member Christoefl, seconded by Alternate Member Golden, moved to recommend approval of PUD zoning and the proposed Land Use Plan/Preliminary Site Plan for West Oaks Square (Case Number LS -98 -005), including the waivers requested, as date stamped received by the City on October 30, 1998. Motion carried 5- 1 with Vice Chairman Bond voting "No." Mr. Wagner announced that the West Oaks Square items will be on the November 17 City Commission agenda for first reading and on the December 1 agenda for second reading and public hearing. COMMENTS Member Christoefl commented that she was excited about the first Activity Center project and said she hoped they do a great job. Planning Director Wagner announced there would be a regular Planning and Zoning Commission meeting on December 8 at 7:30 p.m. He said that, also on that night at 7:00 p.m. 4 DRAFT Subject to Board Planning and Zoning Commission Regular Meeting Approvat November 10, 1998 the City Commission will hold a worksession to discuss P & Z membership and wants P & Z members to give input. He said the City Commission is considering a possible expansion of P & Z, representation on P & Z, and whether or not alternates should be retained. He said the general intent was to have P & Z represent the community at large. Members requested that staff include a current listing of P & Z members and a map showing City districts in the next P & Z packets. Mayor Vandergrift commented that it would not be necessary for the Sants to attend the City Commission meeting on November 17 Chairman Switzer encouraged everyone to attend the worksession on December 8 and wished everyone a "Happy Thanksgiving." ADJOURNMENT The meeting was adjourned at 8:37 p.m. Marian Green, Deputy City Clerk Harold Switzer, Chairman 5 ITEM NUMBER 11. B. The Esplanade Apartments at Plantation Grove P.U.D. Phase I, Final Site Plan Project No. 97 -003 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF OCOEE DANNY HOWELL '�� SCOTT ANDERSON O �,, � "� E a 150 N. LA KESHORE DRIVE SCOTT A. GLASS v O OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER e+ v (407) 656 -2322 � 4> s. CITY MANAGER E4 Op GOO �` ELLIS SHAPIRO STAFF REPORT DATE: December 4, 1998 TO: The Planning and Zoning Commission FROM: Robert Lewis, AICP, Senior Planner er \ THROUGH: Russ Wagner, AICP, Director of Planning i' SUBJECT: The Esplanade Apartments at Plantation Grove Final Site Plan, Phase I Case # 97 -003, Consent Agenda ISSUE: Should the Planning and Zoning Commission recommend approval of the Final Site Plan for Phase I of the Esplanade Apartments at Plantation Grove? BACKGROUND: The Esplanade Apartments at Plantation Grove is located in the northeast quadrant of the intersection of Maguire Road and Moore Road / Roberson Road. The property is situated between the Plantation Grove Shopping Center and the Cross Creek subdivision and has frontage on both Maguire Road and Moore Road. The Preliminary Site Plan for the entire project, Phases I & II, was approved in July. This Final Site Plan is for Phase I of the Esplanade Apartments at Plantation Grove, which is the northern portion of the complex including Villages 1, 2, 3 & 4. Phase I includes 282 units out of a total of 447 units approved in the Preliminary Site Plan. A Final Site Plan for the construction of Phase II, including Villages 5 & 6 (165 units) will be submitted for review at a later date. DISCUSSION: When the Preliminary Site Plan for the Esplanade Apartments went to the City Commission for its public hearing, the Commission added two conditions to the list of Conditions of Approval. The first was a requirement that the buffer wall along Maguire Road be constructed with brick. The second was a requirement that the main entrance to the Esplanade Apartments from Bridge Creek Boulevard be moved closer to Maguire Road so it is not directly across from Wickdale Court, a cul -de -sac in the Cross Creek subdivision. Both of those conditions apply to Phase I of the Esplanade Apartments and have been incorporated into this site plan. December 4, 1998 Planning and Zoning Commission Page 2 DRC RECOMMENDATION: The attached Final Site Plan for Phase I of the Esplanade Apartments at Plantation Grove was reviewed by the Development Review Committee (DRC) on December 1, 1998. The DRC discussed various issues, most of which were resolved at that meeting. One of the DRC members presented an issue which involved the applicant's proposal to use extruded curbing in the parking lot areas. That member's recommendation was to require trench curbing, rather than extruded curbing in the parking areas. During its deliberation, a majority of the DRC voted to allow extruded curbing as shown on the plans. When the DRC voted on its recommendation, the motion was to approve the Final Site Plan for Phase I of the Esplanade Apartments at Plantation Grove, with extruded curbing in the parking lot areas as shown on the plans. The motion was approved by a majority vote, with one abstention and one negative vote. STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the Final Site Plan for Phase I of the Esplanade Apartments at Plantation Grove (Case # 97 -003), as date stamped received by the City on December 2, 1998, subject to having all the necessary legal documents regarding easements and extra right -of -way for Maguire Road approved by the City Attorney prior to the pre - construction conference. Attachments: Final Site Plan, Phase I, date stamped December 2, 1998 \ \GIS DOC1 \PLANNING\RLEWIS\ ALL_ DATA\ r1Pdf1elStaffReports\SR98061.doc . Description Phase 1 . A portion of Section 32, Township 22 South, Range 28 East Orange County, Florida, being more . . .. • .1 particularly described as follows: . " _ . " ' Commence at the Southeast corner of Lot 143, Cross Creek Phase 1, according to the lot thereof, as r : ,' SCALE. t - 100 _ recorded in Plat Book 33, Paces 30 & 31 of the Public Records of Orange County, Florida, said corner on the westerly line of Tract „ D ", of sold Cross Creek, Phase 1; Thence S03'59'26 "E, along the said westerly line of Tract D and the westerly line of Lot 14.6, a distance of 37.62 feet to the Point GRAPHIC SCALE Of Beginning; Thence continue S03'59 26 E, along he wester;.•, line of said Lot 14 9 6 and Lot 147, a distance of 47,38 feet; Thence S06'00'34 "W, along the westerly line o` Lots 147 and 148, a distance of 104.67 to . 100 o sa 100 zoo 400 the Southwest corner of sold Lot 148, sold corner bein the Northwest corner of 9 Cross Creek, Phase 2, accordin to the plat thereof as recorded in Plot Book 37, F'a es 16 throu h 18 of the public records of g g g Orange County, Florida, thence along the westerly line of said Cross Creek, Phase 2 the following I courses, S06'00'34 "W, a distance of 130.33 feet; thence S 02'59'26" W. a distance of 70.00 feet; thence ( IN FEET ) S13'10 53 E, a distance of 233.68 feet; thence S 01'03'18" E, a distance of 207.54 feet' thence 0 . 1 inch = 100 ft. 70'42'11" W, a distance of 115.17 feet; thence S 22'22'3��' W. a distance of 144.10 feet; S �O thence departing said line, N 67'37 26 W. a distance of 395,77 feet; thence S 47'05'51" W. a U . . .. . distance of 30,73 feet; thence S 58 55 53 W. a distance cF 127.73 feet; thence S 74'59'24" W, a ' distance of 55.02 feet; thence N 15'40 52 W. a distance of 155.77 feet; thence N 89'10'06" W, It I - , a distance " of 60.92 feet; thence N 32'10 01 W. .a distance of 132.16 feet; thence �' m _ N Cross Creek Phase 2 N 46'56 06 W, a distance of 104.14 feet; thence S 89'38'25" W, a distance of 127,19 feet; thence N 00 21 35 W. a distance of 164.62 feet; thence k, 89'53'36" W, ' o distance of 420.00 o- n Co PB. 37 Pgs. 16 -18 feet to an intersection with the easterly right f 4� y g t o way line of Magwre Road; thence N 00'21'35" W along the said easterly right of way line, a distance of 448.52 feet: thence departin said line, . S 89 E, a distance of 10.00 feet to the southwest corner of said Cross Creek Phase 1 ; O. C. Cross Creek Phase 1 r� o w WESTERLY LINE OF CROSS CREEK, 59 26 thence continue ' PP S89 59 26 E, along the southerly line of said Cross Creek, Phase 1, o distance of b.�• �{1 PB. 33 Pigs. 30 - 31 Z x cn a N PHASE. 2, PLAT BOOK 37, 1428.00 feet to a point lying N89' PAGES 16 -18 . ' POND #t P O. B CROSS CREEK DRAINAGE EASEMENT o z a w 59 26 W of the said southeast corner of Lot 143 Cross Creek Phase 1; Thence departing said southerly line of Cross Creek, Phase 1, D.E. #2 co D.E. #1 �,,� a I a: o ' I I I PER ORB 4678. PAGE 2748 . O •¢ I , ' oo � o, I 221 N 00'00'34 "W, a distance of 37.53 feet; Thence S89'59'26 "E, a distance of 37,62 feet to the Point of Beginning. PHASE 2 3 U W o_ c4 ' ° Containin 24.617 acres more or less. I I POND #3 I v m - w _M It LO N N N N n S 01'03'18" E N N 9 9 ' I1 59' 26 „E _ ,� z v e i N N N O'5s, 207.54 0 N g .1 - / .62 47. B' '-506 �4 67 506.0 0'34:, "W S02'59'26 "W 51 233..._.." 156 ----15'�1 , j I � . 30.33 .48 \ ° . . ---- w 11,45' 70.00' I so6'Ot 29 E --- \ �� SE CORNER OF CROSS ° N ...-- -'-� . CREEK PHASE 1 uif N a Legal Description -Pond Number 3 58, 55' ;, -' 200.18 \ ` S �- . ? N / . \ \ 34 + p 22 South, Ran g Ea g Count Florida, being more r1 rn r p eo -_ • �a A portion of Section 32, Town ship th e 28 East, C; an a nt , FI a, n It N rn M 1 . 0. By c, . /0.2*5 , N06 01 29 W -_ .� - _�_�/ . ,q/ \ � / N particularly described as follows: DRAINAGE O / "w � \'�' L T " WESTERLY LINE OF EASEMENT ' a •01,2a ° . N ? ?2 . S / Commence at the Southeast corner of Lot 143, Cross Creek Prase 1, according to the plat thereof, as lFT ATION 9 P EASEMENT M 0'00 34 WTRACT D AND LOTS NUMBER 1 .`� N ?3 4� \ � < ?23 recorded in Plat Book 33, Pac c Recores of Orange County, Florida said corner es 30 & 31 of the Publi, to � 146 148, CROSS CREEK, - , � � \ 4 � p ,4 I / � on the westerly line of Tract D , of said Cross Creek, Phase r; Thence S03'59 26 E, along the .rv. PHASE 1 w y 1. NOT INCh610ED o o" PHASE 1 `O N / \ cn westerly line of Tract D and the westerly line of Lot 146, a distonce of 37.62 feet to the Point . ° C) 0 n ,)' - � � N �7 ° N Of Beginning. Thence continue S03'59'26" E, along the westeri lots 147 and 148, a distance of 104.67 to Co rne of said Lot 146 and Lot 147, a distance W N - ^ Jo O / 3� .� FR \ O � w M of 47.38 feet; Thence SO6'00'34 "W, along the westerly line of l �i it ° P 0 N D 3 2 0j � S �q N o o Q Y I the Southwest corner of sold Lot 148, said corner being the, Northwest corner of Cross Creek, Phase 2, ` . I en a "_� ? ?• 2 . �� \ \ ° -i <v a o according to the plat thereof as recorded in Plat Book 37, Pages 16 through 18 of the public records of 0 M o \ �01 4 "�, S \ M X ~ o Y m N CREEK, Orange County, Florida, thence' along the westerly line of said Cross Creek, Phase 2 the following courses, °" - M I ?I \ / � \ \ a �' J w Uj ~ < Y LINE OF CROSS PAGES 16_18 S06'00'34 W, a distance of 130.33 feet; thence S 02'59'26" VJ, a distance of 11.45 feet; thence departing Y Y N00'18'02 "E 192.40' / 3 ��- \ \8 a`' o v a n� yd WESTER 2 PLAT BOOK 37 • said Tine, N 6737 26 W, a distance of 143.09 feet; thence S 22'22'34" W. a distance of 100.12 feet; v in '* w m y A,9p J o o ^N ^\ � \ \ \ A, ., ,-, Sp8 "E PHASE thence N 67'37'26" W, a distance of 30.00 feet; .thence S i'9 59'22" W, a distance of 78 29 feet; h �+ 33 thence N 6737 26� W. a distance of 50.00 feet; thence S ?2'22'34" W, o distance of 39.50 feet; y Cj � -¢•' `S�,`+ � f eo N22'22'34 "E M _ \ \ F a thence N 67'37 26 W, a distance of 43.13 feet; thence N °4'19'59" W a distance of 26.22 feet• E CL S90'00'00 "E 1 2 � \ \ \ PI .? thence N 16'49 59' W, a distonce of 21.79 feet; thence N 0046'25 W o :distance of 19.67 feet o 51.33' 86, 25. > a s U w ° 20.63' � � I \ �r4v ./ .., kp. thence N 673726" W, a distance of 70.33 feet; thence S 51'.54'30" W, a distance of 32.45 feet; - x w i N6T3T26 "W �� \ \ a �.,�,. rn r en r __ ..� \ .%^� / 3 p , thence S 76'0748" W, o distance of 16.85 feet; thence N E4'33'16" W. a distance of 37.95 feet; ° a r ry r./�' 30.00 ^ a • thence N 59 W, a distance of 9.02 feet; thence N 22'37'26" W, a distance of 18.67 feet; thence N 67'34'36" W. .; thence W. a distance of 60.06 feet; �? a S62'23'42 y� h� N �� v \ /O, W a distance of 1255 feet th S 67.22'34" . .. L \ L o thence S 22'11'24" W, o distonce of 13.03 feet thenc " 19 feet; 38.64/ !p \ e S 2:i 40 35 E, a distance of 18. / �, 1 �� 20 the S 15'42 45" W, a distance of 9.28 feet; thence S 42'19'35" W, o distance of 23.52 feet; IL M / �,n NOD, r� � \ . thence- S 22'22 34 W, a distance of 158.25 feet; thence S 77'46'32" W, a distance of 11.61 feet; ' 4, % ' N, ^NrO _1/ thence N 7617'50 W. a distance of 19.77 feet; thence S 6317 30" W. a distance of 18.17 feet; , thence S 22'22'43" W, o distance of 31.96 feet; thence S 61'52'40 W, a distance of 15.91 feet; o ' S TO R M WA TE.R RE : '� , thence N 72'49'30" W, a distance of 14.74 feet; thence N 35'54'53' W. a distance of 73.80 feet; h ' w N67'37'26 "W . . thence N 34 E, a distance of 67.99 feet; thence N 22'20 E. a distance of 31.40 feet; . o 50.00' �- P 0 N D EASEMENT = thence N 03'2324" W. a distance of 28.53 feet; thence N .1 49'28" W, o distance of 33, 76 feet• V) � o S22'22'34 "W I thence N 00'00 00" E, a distance of 125.63 feet; thence N 46'33'27" E. a distance of 113.57 z o P 0 N D 3 thence S 90 E. �b distance of 44.24 feet; thence S 72'22'00" E. a distance of 34.46 w 39.50 feet: o ORB 4712, PAGE- 3644 rn 3 feet; thence S 89.59'26" E .a distance of 80.73 feet; thence S 68'48'41" E, a distance of 6.47 . 0 w v to Z ORB 4741, PAGE 2378 \ tn� ' ^ ; thence 456 06 E, a distance of 28.22 feet; thence S 64'30'03" E, a distance of 10.26 m w N I I ,�^ . 42 ORB 4777, PAGE 3641 feet th S 432 feet; thence S 89 E, o distance of 40.72 feet; thence N 6709 09 E a distance ' o, w 0 ^y:� S ce of 12.62 \ to Uj ¢ 1 ion a� feet; thence N 41'24'29" E distance f ' ' " E, a distance of 30.07 feet: thence S 89'59'26" E. a distance of 46.52 °='' `O feet thence N 80'59 19 ; , a isance o 67.96 feet; thence S 900000 E, a distance of 59.35 . Z °- I Iw rn A 5469'5,9 "W � _ 3 0 �� feet; thence S 39'33'14" E. a distance of 58.32 feet, thence S 62'23'42" E, a distance of 38.64 \ , a stance of 20.63 NN " N 16' 22 W '!y feet; thence S 43'47'52*' E, a distance of 52.72 feet; thence S 90'00'00" E di W ° I lu�,m S76'07'48 W , ; 21. 9' \ eet; the N 47 53 E, a distance of 94.56 feet; thence N 00'18'02" E, a distance of 192.40 . f - - \- , I* I •r 16,85 -- n M �S ' feet to on intersection with the southerly line of said Cross Cr ^ek, Phase 1; thence S 89'59'26" E Y m eo O' 00'46'2 W �----- eP. along said line, a distance of 155.39 feet to a point lying N89'o9 26 W of the said southeast corner W o: N41' I eJ N67.09 -09 "E 2 ss 19.67 - _ _-� ,. .op �`�, ... of Lot 143, Cross Creek Phase 1; Thence deporting sold southerly line of Cross Creek, Phase 1, � O 2 '29 "E I 12.62' / -� V 0.07 w ,� S -� v'. S00'00'34' W, a distance of 37.53 feet; Thence S89'59'26 "E, a 3istonce of 37.62 feet to the to Q t - .�; N84'3316-W v'. Point of Beginning. . rn a_ ON . S• o, 37.95. . O I 1vl N59'23'S8 "W Con +pining 4.639 aarea more or lee . . . W I " v0 S64'30 03 F 9.02' . tP . v S¢3 24 56 E rn`* 10.26' . 28.22, ° N67'34'36 "W 0 m I I,... N22'37'26 "W 12.55 per. : 18.67 0.o Legal Description Drainage Easement;:1 f- X 3 S68' 8447, "E 3'40.35 "E W I A portion of Section 32, Township 22 South, Range 28 East, 0. onge Q a , 18.9 P g y County, Florida, being more C. N N en° T . g . 4 `� .4 " particularly described as follows: K_ w rn I . rn n � 0 9.28" \ 155•. 2 "* ; '� S I ` o 15'40 5 • Commence at the Southeast corner of Lot 143, Cross Creek Pt ase 1, according to the plat thereof, as o ,c 0) I W o,, S42'19 3��\W 3 N recorded in Plat Book 33, Pages 30 & 31 of " the Public Recor&i of Orange County, Florida, said 0 ° �.* 23.52' N -corner being on the westerly line of Tract "D , of said Cross Creek, Phase 1; Thence S03'59'26 "E Cd ;n z I k S 0) o along the said westerly line of Tract D and the westerly line of Lots 146 and 147, a distance of Go 1 13.03'- ? ?� ?• " d o of 85.00 feet; Thence S06 00 34 W, along the westerly line of ,Lets 147 and 148, a distance of 104.67 W S72'22'00 "E S22'11'24 "W \34 W � " rn to the Southwest corner of said Lot 148, sold corner being the Northwest corner of Cross Creek, Phase 2, N ( o a 34,46 \ S77'46 32 W Z according to the plat thereof as recorded in Plat Book 37, Paces 16 through 18 of the public records of I oN : N22'20'06 "E SQ ? 11.61' Orange County, Florida, thence along the westerly line of said Cross Creek, Phase 2 the following courses, . N76'17'50 "W „ S06'00'34 W, a distance of 130.33 feet; thence S 02'59'26" W, a distance of 11.45 feet; 1 N A� NO3'23'24 "W t•4Q 19.77' b �. 'I �. to the POINT OF BEGINNING; thence S 02'59'26" W, a distance of 58.55 feet; thence \ I �, i� 28 53' S63 "W " �1d S 13'10 53 , E. E. a distance of 79.90 feet; thence departing said line S 06'01'29" E a distance of 1 d , ,,. u' ? •'�, / 156.48 feet; thence S 22'22 34 W a distance o S 8.17 N�`J , f 810.33 ft thence ' ' " feet; ence S 613938 E, a distance \ o\ ;�, , 3 9 6 ? ?4 » of 43.46 feet; thence N 56'34'18" E. a distance of 22.17 feet to an intersection with the sold \ S00'C}0'3 ' � \ SOO100 00" � " 3 W - � p � 4 westerly line of Cross Creek Phase 2; thence S 08'26'23" E along sold line, a distance of 33.10 \ 1 8,- ��� 500'00'00 "W 61 52914 W ����0� - feet; thence deporting said line, S 56'34'18" W a distance of 26.13 feet; thence N 61'39'38" W, / .. v,�/ X15.71 1 .63' N72'49'30 "W -Si -0 A p a distance of 88.43 feet; thence N 22 22 34 " E, a distance of 829.77 feet; thence N 06'01'29" W, I ;y o 14.74 rO a distance of 200.18 feet; thence N 19'07 24 W, a distonce of 116.23 feet; thence ? 1.0 t3 109.92'\ N3` a0 �� � . S 67'37'26" E. a distance of 56.26 feet to the POINT OF BEGINNING. . P. 0. B y i`) M ss'� /��' a�� . POND ` 1 ` 4y , O' •0 33.76 1�;, 8 5� Containing 0.8397 acres more or less. y �� 'O ,%O PG ,°j N21'49'28 "W \ . F �� 3 NUMBER 1 , 6'v, u' ` , �L�O�P\�� 2oM T ,%y yo gF,�F' , ^� \/ . 17 'Co . I �' r o� �P 9 0'� � o, Legal Description - Pond Number 1 P. V, ���z Rq /N (n 0. B A portion of Section 32, Township 22 South, Range 28, Eost, Oran a County, Florida being more 9 Y g re �r S85`i3'59 "W q�'� DRAINAGE 1 - , , . , • , EASEMENT �`�' A 12.17 , i Al&�, Fqs particularly described as follows: • L NUMBER 2 I N48 20 50 W eFJQ F44 N 00'21'35" W 164.62' I ' 10.43 , 2 T Commence at the Southeast corner of Lot 143, Cross Creek Phase 1 according to the plat I 26.34g'14 "W thereof, as recorded in Plat Book 33, Pages 30 & 31 of the Public Records of Orange County, 2 4*2 ( Florida; thence N 89'59'26" W, along ..the souther) line -of said Cross Creek P hase 9 Y N34 "W ; - Y e a distance . ., . � I __J_ ) . Q 3 1 27.19' of 916.80 feet to the POINT OF BEGINNING; thence departing said line, S 00'00 W, a • - N4T5T45 "W I distance of 40.28 feet; thence S 46'33'27„ W, a distance of 197.73 feet; thence S 85 W, a ' distance of 12.17 feet; . thence " N 48'20 50 W, a distance' of 10.43 feet; thence N 15'45'14" W, a Q N o I ( 47.os' 'NOTES: co ° 0 1 'd' . ° distance of 26.34 feet; thence N 34'24'27' W, a distance, of 27.19 feet; thence N 47'57 45 W, a distance "' b "' ° Existin Fire Station 1. BEARINGS SHOWN HEREON ARE BASED ON THE • . � t 0, I M 0 9 of 47.09 feet; thence N 90'00 00' W. a distance of 78.31• feet; thence N00'00 00 W, a distance of 9.36 thence . N90 00 00 W, distance of 44.01 feet; thence S 00'00'00" W, o distance of ' - -r-- W z (� cv I SOUTHERLY LINE OF CROSS CREEK, PHASE 1. 11.36 feet; thence S 42 0215 W N00'00'00 "E �. , 1 -1 ` BEING S 89'59 26 . E, PER PLAT BOOK 33 PAGES 30 & :3.1, a distance of 61 feet; thence N 90'0 " .; ence 0'00 W, a. distance of 29 .36 feet; thence S 49 W 1 9.36' - . a distance of 17.02 feet; thence S 00'00'00" W. o distance of 66.32 feet; thence S 49'09'22" W, a I I 2. NO UNDERGROUND IMPROVEMENTS HAVE BEEN distance of 16.eet; thence S 89 W i • " XI N90'00'O�W 16 f a distance of 95.64 feet; thence N 00 21 35 W , a LOCATED EXCEPT- AS SHOWN distance of 227.65 feet to an intersection with the said southerly line of Cross Creek Phase 1• N 44.01 S \ thence . S 89'59'26" E along the said southerly line of Cross Creek Phase 1 a distance ' I ( , ce of 536.20 s ? b ? , 3 T � feet to the POINT OF BEGINNING. W S00'00'oo "w .� , . 3. THE SURVEYOR HAS NOT ABS :.:ACTED THE - W 11,36' . in . S� S4$'09 22 "W x . . in 17,02• I ° LAND SHOWN HEREON FOR EASEMz NTS, - � Soo•o0'oo "w 'n I OF WAY RIGHTS Containing 1.654 acres more or less. . U POND 1 oN in OR RESTRICTIONS OF RECORD WHICH . U o0) s4s•o9'22 "w o , MAY AFFECT THE TITLE OR USE OF- THE LAND. . 00 � Li l 16.16' Out Parcel 4. THIS IS NOT A .SURVEY, THIS IS - A - SKETCH .OF DESCRIPTION ONLY C) CROSS CREEK DRAINAGE EASEMENT ' P / PER ORB 4678, PAGE 2748 1 N I Legal Description - Drainage Easement 2 : 5. NOT VALID WITHOUT THE SIGNATURE AND .THE . r-i SW CORNER OF ,'D o . 0 CROSS CREEK, PHASE 1 0+ . . ORIGINAL' RAISED SEAL OF A FLORIDA LICENSED .. . 'A portion of Section 32, Township 22 South, Range 28 East, Orange Count Flori Pq PER PLAT BOOK 1 SURVEYOR' AND MAPPER. I particularly. described .as follows: 9 9 Y• da, being more PAGES 30 & 31 I.11 I . . . I �j . Commence at the Southeast corner of Lot 143, Cross Creel Phase 1, according to the plat 227.65' � � -J .... _ - - - - I- - -- - thereof, as recorded in Plat Book 33, Pages 30 & 31 of the Public Records of Orange County, Florida thence N r 89'59 Q 26" W along the south i southerly line f I o . n d Cross ss Creek _. 9 Phase 1 Y a ells S 00 E 448.52' � - f eet; thence departing sold line, S 00'00'34" W, a distance of 40.28 feet; �thence of 916.80 f . o . S 46'33'27" W, a distance of 120.00 feet to the POINT OF 2EGINNING; thence S 35'21'03" E. ° o EXISTING EASTERLY RIGHT LEGEND: a distonce of 88.29 feet; thence S 63'39'03" E, a distonce of 62.08 feet thence " S 46'33'27 W, a M A �] U I R E R A OF WAY LINE distance of 16.97 feet; thence S 00'00'00" E. a distance o� 15.71 feet; thence N 63'39'03" W W. a . I P.O.B. DENOTES POINT OF BEGINNING distance of 70.75 feet; thence N 35'21'03" W, a distance of 91.59 feet; thence N 46'33'27" E, a - . P.O.C. DENOTES POINT OF COMMENCEMENT distance of 30.30 feet to the POINT OF BEGINNING. . PI DENOTES POINT OF INTERSECTION . . • P.B. DENOTES PLAT BOOK Containing 0.1055 acres more or less. . D.E. DENOTES DRAINAGE EASEMENT . ORB DENOTES OFFICIAL RECORDS BOOK . . . . ... -. :, e W+}y rz1 M1. s w 7iY µr : ,��� it.Plf9 M r , n .•p a 1. - _ �... :,- . _ tom-'.. , "{ ?;. :.. -- <_ _ . . 11 -- -- -11 - - -.. _... . -.,.. -__ - .--- --...: - sr t, veal Ir71, '+t r , --- _ _ - r Q z I 0 1 = 0 Q Cn Cr if I O LI 0 z ry .ry 7-) 0 n- Z O > w 1 01- ,,�, H 1' 0 E z . 0. � w Q Ly , I z 00 a �r� r U wN0 :2 1 (/'")I I- ry N _j 1, W �� N 6 1 1 n < Cam) M F- Z W w z o 0 ,- Z 7 ' QL'z 1--- U � f-- w < < W 1- y Q V / P . � '!. �r� -.141 � / .� 'fir- r ;� �_ �. . �� I I 6 1 1 1, i .rs''''�....- ; ITEM NUMBER III. A. Establishing Procedures to Obtain Conceptual Approvals within Special Overlay Areas - Land Development Code Amendment "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS o 4irt CITY OF OCOEE DANNY HOWELL • `0 'r E • 3 SCOTT A. GLASS v e, I SCOTT ANDERSON OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER ?v (407) 656 -2322 � CITY MANAGER f � Of G00� ELLIS SHAPIRO STAFF REPORT DATE: December 3, 1998 TO: The Planning and Zoning Commission, Acting as the Local Planning Agency FROM: Abra E. Horne, AICP, Principal Planner J164 j THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Special Overlay Area Conceptual Approval Procedures Ordinance ISSUE: Should Planning and Zoning Commission recommend approval of the attached Ordinance establishing a procedure for obtaining conceptual approvals within Special Overlay Areas? BACKGROUND: Recently, the City Commission adopted Ordinance #98 -12 enacting the State Road 50 Activity Center Special Development Plan. The Special Development Plan encourages developers to propose innovative development concepts that may include mixed- or multi -use projects and requests for major waivers. As Staff has begun to implement the State Road 50 Activity Center Special Development Plan, we have determined that in certain instances that it may be appropriate for a development proposal to be reviewed by the Planning and Zoning Commission and City Commission prior to final design. If approved, the draft Ordinance would affect properties located within the State Road 50 Activity Center Special Overlay Area as well as properties within any other Special Overlay Area (Activity Centers, Interchange Impact Areas, and the Downtown Redevelopment Area). DISCUSSION: After carefully considering the issues, Staff has drafted an Ordinance that would permit a developer to seek permission to proceed with a specific development program prior to the expenditure of significant time, money, and resources. The Ordinance has been drafted so that the Planning and Zoning Commission and City Commission could decide on a site specific basis, totally at their discretion, whether or not to allow a proposed use or grant a major waiver. "Proposed use" is any use that is not specifically allowed by the underlying zoning district and future land use designation. "Major waiver" is defined as any waiver from a standard Land Development Code or special development plan requirement which would reduce the standard requirement by 50% or more or any other waiver determined by Staff to be of a substantial nature. To apply, an applicant would be required to submit a bubble plan depicting the proposed uses and major waivers. There will be no automatic or Staff level approvals of proposed uses and major waivers. In order to be approved, a project would have to be approved by the Planning and Zoning Commission and City Commission at an advertised public hearing. Staff Report to the Planning and Zoning Commission December 3, 1998 Page 2 By utilizing this approach, both Staff and the developer will be given clear direction at the initiation of a project to know how to proceed with the more detailed review process. It should be understood that once the City gives approval for a proposed use or major waiver, the developer has the legal right to rely on that action relative to future City approvals. For example, if the City approved a mixed land use of apartments and offices and allowed less parking spaces than normally required, then the Commission would be required to accept this development approach as part of the final plan for the project, assuming all other Land Development Code requirements are met. STAFF RECOMMENDATION: Staff respectfully recommends that the a Planning and Zoning Commission recommend approval of the attached draft Ordinance. Attachment: draft Ordinance P: \CALEXANDERWLL_DATA \CAPDFILE \Staff Reports\P&Z SR \SR98063.Doc ORDINANCE NO. 98- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SPECIAL OVERLAY AREAS; AMENDING PROVISIONS OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY REVISING SECTION 4-6.C. OF ARTICLE IV TO ESTABLISH PROCEDURES TO OBTAIN CONCEPTUAL APPROVALS OF PROPOSED USES AND MAJOR WAIVERS FOR DEVELOPMENT WITHIN SPECIAL OVERLAY AREAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to establish procedures to obtain conceptual approval of proposed uses and Major Waivers within Special Overlay Areas; and WHEREAS, the City Commission desires to promote innovative development within Special Overlay Areas; and WHEREAS, the City Commission desires to give conceptual approval to prevent the needless expenditure of time, money, and resources on the review of unacceptable development projects. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee 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. Conceptual Approval Procedures. Section 4-6.C. of Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended to include the following provisions for obtaining conceptual approval of requests to permit uses which are not specifically permitted and major waivers which are not otherwise permitted: (4) The provisions of this section are intended to establish procedures by which an applicant may obtain conceptual approval. This procedure will be available only if the proposed uses generate impacts of equal or lesser intensity than the uses permitted in the underlying zoning district. The proposed uses do not need to be specifically permitted with the underlying zoning district in order to be approved pursuant to this section. a) Prior to submitting an Application for Conceptual Approval, the applicant will be required to hold a pre - application conference with the Development Review 006.107773.4 -1- • Committee. The applicant may meet informally with Planning Department staff prior to holding a formal pre - application conference. b) Following the Pre - Application Conference, the applicant may submit an Application for Conceptual Approval. The Application must include a bubble plan showing the proposed uses and major waivers on the property which is the subject of the Application. For purposes of this section, a major waiver is any waiver from a standard Land Development Code requirement within a Special Overlay Area which would reduce the standard requirement by 50% or more, or any other waiver determined by the Director of Planning to be of a substantial nature. A bubble plan will have substantially less detail than a preliminary site plan and does not require engineering detail. The bubble plan is submitted for informational purposes only and approval of the proposed uses will not constitute approval of the bubble plan or impose on the City any obligation to r _ approve a subdivision or site plan consistent with the bubble plan. c) Following receipt of the Application, review will be undertaken by City staff. The Development Review Committee will then meet and make a recommendation. d) Advertised public hearings before the Planning and Zoning Commission and the City Commission will be held to consider the Application. Procedures similar to those applicable to special exceptions will be followed. e) In the event the Application is approved by the City Commission, the following conditions and limitations will be applicable: 1. The approval will only approve the proposed uses and major waivers and not the bubble plan. The City will have the right to disapprove the proposed uses and waivers in connection with its review of a preliminary subdivision or site plan if such plan is inconsistent with the bubble plan submitted with the Application or any other condition of the City approval. 2. The approval will be subject to the approval of a preliminary and final subdivision and site plan acceptable to the City Commission and in compliance with the requirements of the Land Development Code, including those regulations related to Special Overlay Areas and the special development plan and access management plan applicable therein. 3. The applicant will be required to submit a preliminary site plan and, if applicable, a preliminary subdivision plan, within 90 days from the date of approval. The approval will expire if such plan is not submitted; provided, however, that the City Commission may grant an extension of this deadline. -2- 006.107773.4 • 4. The approval granted by the City Commission will be valid for one year. In the event such plan has not been approved within one year from the date of approval, then the City Commission approval pursuant to this section will automatically terminate unless extended by the City Commission. 5. The applicant will be required to maintain an active application for such plan approval and to proceed in good faith to seek final approval of any such plan. 6. Approval of the Application shall not be considered approval of the bubble plan. The bubble plan is conceptual only and its submittal with the Application will not be construed as an approval of the bubble plan or impose any obligation on the City to approve a subdivision or site plan consistent with the bubble plan. 7. The applicant shall be entitled to develop the property consistent with the Application if it complies with the conditions of approval with respect thereto and all other applicable provisions of the Land Development Code. 8. The City Commission may impose such additional conditions of approval as it deems appropriate. f) The following form will be added to the Land Development Code forms: "Application for Conceptual Approval". (It is anticipated that the application form will be similar to the form currently utilized for Special Exceptions.) An Application Review Fee and Review Deposit will be established and the applicant will be required to pay a Flat Fee plus all Review Costs. SECTION 3. 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 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section ", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 006.107773.4 -3- SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 1998 READ FIRST TIME , 1998 READ SECOND TIME AND ADOPTED , 1998 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY This day of , 1998. FOLEY & LARDNER By: City Attorney -4- 006.107773.4 �� Iiiii °� Il lilifil ill '11g 11 11 ig 1 11 l a li Piii laill Illifi ii g E $ e ffli ig4,1/11B1 bdfi . 42; 11 q 1 I L a , II A H 1 0 � sl 123 1 14 g . illicil 1 li 1g51 n 2i:: ' '1 ' 11 1 ( ',I , 1 - i 1/11 pi il — ,,::, 2 1. 'RI - , : ,31 2, „ j i ;-,''- l' ' - - ' . ,,,t,ifit:„ i ±ii,sa 13'41 .6: ,.,40411i. 1: '.- i l' ,1 i I ITEM NUMBER III. B. Devon Cove Joint Planning Area Agreement Case No. JPA -98 -003 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF OCOEE DANNY HOWELL 44 O SCOTT ANDERSON -' ` E • 3 Q 150 N. LAKESHORE DRIVE SCOTT' A. GLASS v 0 OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER v (407) 656 -2322 CITY MANAGER f4 op Goo SHAPIRO STAFF REPORT DATE: December 3, 1998 TO: The Planning and Zoning Commission, Acting as the Local Planning Agency FROM: Abra E. Horne, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Director of Planning i SUBJECT: Devon Cove Joint Planning Area Agreement Amendment (Case # JPA -98 -002) The public hearing for a Joint Planning Area Agreement Amendment regarding Devon Cove was advertised in the Orlando Sentinel on November 26, 1998 (see attached advertisement). After the advertising deadline, Staff was notified by the Orange County Planning Department that the Orange County Commission public hearing, previously scheduled for December 1, 1998, had been delayed until January 1999. As you may recall, any Joint Planning Area Agreement Amendments require four public hearings: (a) Orange County Local Planning Agency, (b) Orange County Commission; (c) Ocoee Local Planning Agency, and (d) Ocoee City Commission. The actual order of the public hearings has been determined by Staff on the basis of whether the City or County had more issues about an application or initiated the application. In this instance, the applicant is asking to be removed from the Orange County Clarcona Rural Settlement and to be included within the Ocoee Joint Planning Area. Since the Orange County Commission has not approved this application yet, Staff is requesting that the subject application be continued until the January 12, 1999 Planning and Zoning Commission meeting by which time the Orange County Commission should have approved the application. Attachments: November 20, 1998 letter from David Heath, Orange County Planning November 26, 1998 Orlando Sentinel Advertisement P: \CALEXANDER\ALL DATA \CAPDFILE \Staff Reports\P &Z SR \SR98064.Doc PLANNING DEPARTMENT ��' ">A 1 DAVID C. HEATH, AICP, Manager 201 South Rosalind Avenue, 2nd Floor • Reply To: Post Office Box 1393. Orlandt7 ' Florida 32802 -1393 (4 07) 836 -5600 • Fax (407) 836.5862 C UUNT f http: //www .citizens- first.co.orange.fl.us #: GOVERNMENT F L O R I D A d November 20, 1998 c :71,7 c _ `- Russ Wagner, AICP Director of Planning City of Ocoee VIA FACSIMILE 150 North Lakeshore Drive Ocoee, Florida 34761 -2258 SUBJECT: Devon Cove and Sawmill Dear Mr. Wagner: The public hearing for the proposed second amendment to the Joint Planning Area Agreement for Devon Cove has been postponed. The new administration has requested that all nonessential public hearings be pulled from the December Board of County Commissioners agenda. We anticipate this public hearing will be scheduled in January. The Local Planning Agency did approve this amendment on November 19, 1998. Sincerely, d .„ Adev David C. Heath, AICP Planning Department Manager DCH/CRT /lab c: Warren Geltch, Assistant County Administrator Bruce W. McClendon, Director; Planning and Community Services Division Chris Testerman, Assistant Manager; Planning Department John Smogor, Chief Planner— Development Review Section 1 Lill i J ` g Q 2$ 1 1111 . . I l "gist ' gg 11 ... - ,•1 /-: • • - — II limi i g li ° gg g ' . A iii iit',..g iii ;ill fel .. . I I , ititt din in gg z % >8 cogia, ti so $ a' 6-5. Er" :72 3°: ' -if 6 1! " I I : i ti : !: IL : Irmt ______ 0" 2 411 iiii . r .. i i.1:, ., ;.. .....,,..... - . E f '. ; I e.9 ®III 1111111E s 1 1 � � �� t t a Y 4 x M _. . g. , y � ,. • ' a� y .z. t t , ..4 ¢ ; d - d d x {� i'k+ " i, ,... .3.•.„..., r' � : d D a_ } r h . ae t s ' ^ "l} � t i b` . ^'r r .. Y. $ .n` • 4 b i a "mot ,�xr, yi �. .. a A L� e tl t '� is � x rt' .' ITEM NUMBER III. C. Senntag-Annexation4-Rezening WITHDRAWN "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT :Me COMMISSIONERS 0 CITY OF OCOEE DANNY HOWELL taiii0.0 SCO TT ANDERSON 150 N. LAKESHORE DRIVE SCOTT A. GLASS �, OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER '', v (407) 656 -2322 �. ''+ �� CITY MANAGER rE ,p Op GOOD ��� ELLIS SHAPIRO STAFF REPORT DATE: December 3, 1998 TO: The Planning and Zoning Commission, Acting as the Local Planning Agency FROM: Abra E. Home, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Director of Planning PPX SUBJECT: Sonntag Annexation and Initial Zoning Applications Withdrawn (AR- 98- 10 -09) The public hearing for the Sonntag annexation and initial zoning applications were advertised in the Orlando Sentinel on November 26, 1998 (see attached advertisement). After the advertising deadline, Staff was notified by the applicant that they no longer wished to pursue annexation and a lot split due to timing. About six months ago Staff met with the applicant and owners and explained an annexation typically took 90 days to complete and that a short form plat would also take approximately 90 days. They indicated that this was acceptable and filed an application for annexation and initial zoning in October. Attachments: November 20, 1998 letter from Carl Sonntag, applicant . November 26, 1998 Orlando Sentinel Advertisement P: \CALEXANDERWLL_DATA \CAPDFILE \Staff Reports \P&Z SR \SR98065.Doc November 20, 1998 To: e Abra Home : 313. City of Ocoee 150 N. Lakeshore Drive T, M Ocoee, FL 34761 From: Carl J. Sonntag 8209 Vineland Oaks Blvd. Orlando, FL 32835 Re: Cancel Case# AR- 98 -10 -09 Dear Abra, This letter is to inform you and the City of Ocoee that we would like to withdraw our application for annexation and rezoning, case #AR- 98- 10 -09. We thank you for your time and effort in assisting us with this case, and regretfully withdraw the application in order to build our home sooner than the annexation and lot split proceedings would allow. Sincerely, Carl Joseph Sonntag 28 4 0/2ar t eit_ - , ./.43 v 2 art teuce* a A i 21 1111! Ei • : lb 611111i i; s a lg11 r! )0111 :g a 21 ; A il P21111 i eli i / lal°11 II t t piti 11 1 111!Iii I t Ph' 2g i 2 I 1 PTZ A I 2 141' II I Nali I gil I 2 III is; i l pail ;1 !PIL I t r a Ilgi 211 fi itfl in 8 8V it n gliallgli lbel jig' tg h P1 . 1 Li g gg ts Lta 4igw4 g ITEM NUMBER III. D. Frank Vine / Beazer Homes Annexation Case No. AR- 98 -10 -10 , "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS ` �' CITY OF OCOEE DANNY HOWELL PC • • O 150 N. LAKESHORE DRIVE SCOTT A. GLASS �, C I OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER r, v (407)656 -2322 SCOTT ANDERSON + y ? CITY MANAGER ELLIS SHAPIRO Gf GOON STAFF REPORT DATE: December 4, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Home, AICP, Principal Planner ✓ �Q ""` THROUGH: Russell B. Wagner, AICP, Director of Planning OPY SUBJECT: Frank Vine/ Beazer Homes Annexation (Case #AR- 98- 10 -10) ISSUE: Should the City of Ocoee annex the above referenced property? BACKGROUND: The subject property is approximately 3,000 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The five acre parcel is vacant. The applicant has indicated that the property will become part of the preliminary subdivision approval for "Ocoee Crossings," if the annexation is approved and rezoning are approved. "Ocoee Crossings" is a proposed subdivision located on the abutting Parker/ Lawrence properties to the west. The subject property is designated Low Density Residential (< 4 d.u.a.) on the City's Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R -1AA, Single Family Dwelling District, which would be consistent with the above referenced land use designations. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria. The subject property is located within the Ocoee - Orange County Joint Planning Area (JPA). Since the property is contiguous to the city limits, the property is being considered for annexation as outlined in the JPA Agreement. We have notified Orange County Planning Staff of the Annexation Petition and they have stated no objections. The requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. Planning and Zoning Commission December 4, 1998 Page 2 DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a fifteen theoretical single family homes 2,000 square feet in size and using a conservative property value of $100,000. We have determined that the City can adequately provide a full range of urban services to the subject property, pending certain infrastructure improvements. As with all new developments in Ocoee, the developer may be required to make certain improvements before subdivision approval, as appropriate. The developer will be required to build an internal roadway network meeting City standards as part of the subdivision approval process. Also, there are no existing potable water and wastewater lines nearby so the developer will need to extend and improve these facilities to service this property as part of development approval. These services will be provided by Orange County since the subject property is located within Orange County's utility service area. Typically, an Annexation agreement is required as part of the annexation approval process to address right -of -way and/ or utility issues. In this case, there are no right -of -way and utility issues since this parcel is located outside of Ocoee's utility area and there are no abutting Ocoee roads. The property is not landlocked because there is an existing access easement in place. Additionally, the developers intend to create internal subdivision roads that will ultimately connect the subject property to Maguire Road. Accordingly, no Annexation Agreement will be required in conjunction with this annexation. The 1998 estimated value of the property is $70,000.00 for the vacant land; however, the Annexation Feasibility and Public Facilities Analysis was based upon 15 theoretical 2,000 square foot single family homes valued at $100,000. In such a case, we estimate that the projected City of Ocoee ad valorem tax revenue would be $6,000.00 based upon the projected number of homes. If the subject property is annexed, Staff has determined that the taxes generated by the property would sufficiently offset the need for services and considers annexation of this property feasible based upon the above considerations. DEVELOPMENT REVIEW COMMITTEE MEETING: On November 16, 1998, the Development Review Committee (DRC) met to consider the Frank Vine/ Beazer Homes request. City Staff discussed the Annexation. After a brief discussion, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation. STAFF RECOMMENDATION: The Planning Department recommends that the Planning and Zoning Commission recommend approval of the Annexation Petition submitted by Frank Vine in Case Number AR- 98- 10 -10. Attachments: Annexation Feasibility & Public Facilities Analysis Location Map \ \Gis_Doc1\ Planning \CALEXANDERWLL DATA \CAPDFILE \Staff Reports \P&Z SR \SR98066.Doc City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/04/98 Case Number: AR- 98 -10 -10 Frank Vine/ Beazer Homes This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. Planning Department: Home A. Applicant(s): June Engineering Consultants, Inc., do Randy June, 71 East Church Street, Orlando, Florida, 32801 B. Property Location: 1. Parcel Id. No.: 32- 22 -28- 0000 -00 -009 2. Street Address: None. 3. Legal Description: See Planning Department files for a legal description. 4. Directions: Approximately 3,000 feet northeast of the intersection of Maguire Road and Gotha Park Ridge Road. 5. Size: 5.0 +/- acres C. Use Characteristics: Vacant 1. Proposed Residential Units: About 15 homes. 2. Projected Population: 45 people. 3. Existing Use: Vacant. 4. Proposed Use: The property will become part of the Ocoee Crossings project proposed on the Parker/ Lawrence tracts to the west. D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: A -1, Citrus Rural District 2. Orange County FLU Designation: Rural/ Agricultural (1 unit per 10 acres) 3. Requested City of Ocoee Zoning Classification: R -1AA, Single Family Dwelling District 4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 units per acre). 5. Consistent With: Comp Plan ?? Yes. JPA ?? Yes. 6. Comp Plan Amendment Required? No. When? N/A II. Fire Department: Chief Strosnider A. Estimated Response Time: Two to three minutes. B. Distance Traveled (to property): Less than one mile. C. Nearest Fire Hydrant: Adiacent to Cross Creek Subdivision. D. Fire Flow Requirements: The existing hydrant is not close enough. E. Comments: Fire hydrants will be required as part of the subdivision approval process. • - Page 1 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/04/98 Case Number: AR- 98 -10 -10 Frank Vine/ Beazer Homes Ill. Police Department: Chief Mark A. Estimated Response Time: Five to ten minutes. B. Distance Traveled (to property): Three and a half miles. C. Police Patrol Zone: South. IV. Finances: Home A. Theoretical Assessed Value: $1,500,000.00 for 15 homes or $70,000 for land only. B. Estimated City of Ocoee Ad Valorem Tax Revenue: $6,000.00 C. Anticipated Licenses & Permits: $28,500.00 D. Total Projected Revenues: $34,500.00 (plus $105,000 in estimated impact fees) V. Utilities: Shira A. Potable Water Issues: 1. In Ocoee Service Area? No. This property is in Orange County Utility Area. The applicants must coordinate with Orange County to ensure that utilities are available. It is Staffs understanding that Orange County utilities are near enough for an extension. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? No. This property is in Orange County Utility Area. The applicants must coordinate with Orange County to ensure that utilities are available. It is Staffs understanding that Orange County utilities are near enough for an extension. C. Other Utility Issues: Shira 1. Utility Easement Needed? None. 2. Private Lift Station Site Needed? Up to Orange County Utilities Division. 3. Well Protection Area Needed? None. 4. Other Comments: None. • • - Page2- • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/04/98 Case Number: AR- 98 -10 -10 Frank Vine/ Beazer Homes VI. Transportation: Friel A. Paved Access to Property? No. Describe: Moore Road and Gotha- Park Ridge Roads are the closest paved roads. Seventh Avenue (a dirt road) is the closest road but it is only tangent to the property. As part of the subdivision process, paved roads will extend through the subdivision to this parcel. B. ROW Dedication? There is no abutting right -of -way but roads will be created by the plat. C. Traffic Study: Possibly required as part of site plan approval process. D. Traffic Zone: 250. E. Other Traffic Improvements Needed: To be determined as part of the subdivision review and approval process. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision approval process. B. Parks /Recreation: At the time of the analysis, sufficient parks and open space capacity . existed to accommodate the proposed annexation. This condition may change and will be subiect to an official concurrency evaluation during the subdivision approval process. C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision approval process. D. Stormwater: The applicant will be required to handle stormwater retention on -site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subiect to an official concurrence evaluation during the subdivision approval process. F. Potential Impact Fees: It is estimated that the impact fees will be in the range of $7,000 to $8,000 per house. The total impact fees are given for illustrative purposes only and are based on a theoretical 2,000 square foot home valued at $100,000 each. Actual impact fees will be calculated during the subdivision approval process. G. Other Issues: None. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: $28,500.00 B. Within 100 year flood plain: No. IX. Specify Other Comments & Considerations Below: P:\AHORNE ALL_ DATA\ANX- REZ WctiveWineBeazerAR1ANFVine.doc • - Page 3 - • a , City of Ocoee, Florida Vine / Beazer Annexation and Rezoning to R -1AA 141310144%, ■= , ' / --1 \ r � h fat : e l 4 MN 1 1 1 Ium ri i i7T1 i a) 1q1•116111:411;10 • • -=-- Roberson Koad c p� � cu O A _c I a) III 0 - /J a Sub • „ 1 Prop 1., I I 1 RI ! I P: A lilIII 1 J.Proot,I, � 1 ,•r •,r'#• L 1111.11 ; gill Mi di ■■ � i rail. liwall II . - , • All ■ N OZ I Oc , I A ME 1 ... , • . ________ my Legend: I Ocoee City Limits @ Fire Hydrants j Subject Parcel Scale: N.T.S. C ' - ZeZ42. Lakes N L__ Property Lines I Location Map I , ilt will ling 1!;Ig illiqpil III had! 'IN hiFill is ,,l !Il ;1 11 l' 2 5 1 i14.1 Illi P 1 ill a / 0 4 e a f I 1 .w iirs 1 i as 11 1 I :: R 1 2 . 1 [11 1 Ilg I 2 5 I i 44 c - I ig 0) (1) 1 1 9 1 el el T I I 1 ct e till R I 13116 A litell 411,i/i 1111 si 11 aJ 1 1 1 . I I (Aa i i 1 Fa if. sZ!..,. Ile ..:< A 4 1;1 fIlliel I iiiir ' f 1 va ii Ig 14 Nip i i Iii cl :: ;1 1 i- 1 g St - pilila g ill 21 "2,6 :1 ti ; 11 k,KR ; ' i * l itelli , f 1 '' 5 ' 41 01 4 1P 41 ' . i PI - § [ ..., '1 ItiP're - '''.' ' C + '/, ,4 , , ■ ITEM NUMBER III. E. Frank Vine / Beazer Homes Rezoning Case No. AR -10 -10 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT OCOee COMMISSIONERS CITY OF OCOEE DANNY HOWELL • O SCOTT ANDERSON �'` • 150 N. LAKESHORE DRIVE SCOTT A. GLASS 414 v O OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER (407) 656 -2322 CITY MANAGER 1> ELLIS SHAPIRO 4 Of Goa STAFF REPORT DATE: December 4, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Home, AICP, Principal Planner . THROUGH: Russell B. Wagner, AICP, Director of Planning FV SUBJECT: Frank Vine/ Beazer Homes Rezoning (Case #AR- 98- 10 -10) ISSUE: Should the Planning and Zoning Commission recommend approval of the above application to rezone the subject property from A -1, Citrus Rural District (Orange County) to R -1AA, Single Family Dwelling District (Ocoee)? BACKGROUND: The requested rezoning is being considered simultaneously with an annexation petition. The subject property is approximately 3,000 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The five acre parcel is vacant. The applicant has indicated that the property will become part of the preliminary subdivision approval for "Ocoee Crossings," if the annexation is approved and rezoning are approved. "Ocoee Crossings" is a proposed subdivision located on the abutting Parker/ Lawrence properties to the west. This quadrant of the Joint Planning Area abuts the Gotha Rural Settlement to the east and unincorporated Orange County to the south. Single family development in this area is dominated by half -acre and one -acre home sites. Staff anticipates that these requests for rezoning will generate considerable concern amongst nearby property owners who feel that all properties in this area should be based upon half -acre minimum lot sizes. The Westridge, Cross Creek, and Wesmere developments allow minimum lot sizes as low as 7,000 square feet. As a compromise, Staff has required that the applicant maintain a minimum lot size of 9,000 square feet (about 75' x 120'). Most of the surrounding County land is zoned either A -1, Citrus Rural District or RCE, Rural Country Estate District and used for single family residential purposes. One notable exception is the nearby Orange County Belmere single family subdivision on the southwest corner of Maguire Road and Roberson Road. The Belmere parcel is zoned PUD and it allows smaller single family lots, commercial, Adult Congregate Living Facilities, and multifamily uses. The Planning and Zoning Commission December 4, 1998 Page 2 DISCUSSION: The subject property is designated Low Density Residential (< 4 du /acre) on the City Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R -1AA, Single Family Dwelling District which would be consistent with the above referenced land use designations. The underlying Low Density Residential land use theoretically permits eight possible zoning classifications (A -1; A -2; RCE -1; RCE -2; R -1AAA; R -1AA; R -1A; and R -1). Although single family dwellings are allowed in each of the above zoning districts, single family subdivisions are more appropriately located in the R -1AAA; R -1AA; R -1A; and R -1 zoning districts. The Comprehensive Plan lists several zoning districts that are consistent with the Low Density Residential designation, but the City may choose from the range of potential zoning classifications and select one, as appropriate. Staff has determined that the requested zoning classification is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area (JPA) Agreement with Orange County; and (5) surrounding land uses and zoning classifications. More specifically, the request is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.15; (e) Policy 1.16; (f) Objective 2; and (e) Policy 2.4 (attached). RECOMMENDATION: The Planning Department recommends that the Planning and Zoning Commission recommend approval of the requested rezoning to R -1AA, Single Family Dwelling District, and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement. • Attachments: Future Land Use Map Zoning Map Future Land Use goals, objective, and policies P: \CALEXANDER\ALL DATA \CAPDFILE \Staff Reports \P &Z SR\SR98067.Doc I The Planning and Zoning Commission December 4, 1998 Page 3 FFF: .../. ,..,,, , . ;..i.....,,,, .___.„ ‘, .. : . :... __ .: i .. ..,,,,..„. _, .... t -1/44 ....., . F 41 .... • '••• .. ,-.. N.:. ... ,, 4 ,...,, ,,.„„,,,,... „ ; ,..„„ ..,, , . ....... . ...... ,,,,,..., -.,. -. : . i ,.. . .--......,_ - ....,..,.\\ ..... t. .... ...,...........,..„............. - . _...... • .., , lt.s 4 N F J: w I } .: / /1!.... ∎ ` ` ' { i t . Subject ll Prope - 7 ' ' ' 1 "...\ \ 1 i d ► . \ r--... .., \ � � { i - . . J Future Land Use map i The Planning and Zoning Commission December 4, 1998 Page 4 • f r _ _.. .. 1 1. 4LI • ...nn t 'w1, ' ;RT of ever ,l 4 ,l .... = �. i : L f : � k.,..,_ IZ " ar mor.1� - :. � _ r ' / i .,�1 -- trcurl iti_ 1' - I i 15.545. i l i --.---, col i ii 1 im, ii � �� 1ld11 i 1 r , ,, - I Subject Property P iI II I Zoning Map I • -•-,' ' . - -'.•;: ..Frt$:7- , 4 -- ; - ::',.1!`;- . . - • 4. , : : : :-. W .- ` i i ,, I,.;.;:': : , 11'411 131'- 1112 li,''il,111 i . I , 15 1;i FiK111/1111/ II lidiell Liili i v 1 1 § Ril!.-. ii I it . 11 !II pi .1. ilt R if . elphs lie? q I 15 _ 1 b il II/II:gig 11 1 1 1 a 2 gr2 i a 9 ig ! l i 11 1 Z4 zis i; I i A e s v a V2315111- ti 2 4 . ggi fit I hlt11 iii 1 lig ila-1 Ilii e filliAFIT g 0 1 bit 4 II Up g li el 100 * A 1 ; us ni l e II j i 1 1 gs sop! gt1 1 li iiii ill Ig'411i iil!fiA ig A2 i 4 1 a ITEM NUMBER III. F. Dye / Christensen / Orange County Public Schools Annexation AR- 98 -10 -12 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS 0 OF O C O EE DANNY HOWELL • O SCOTT ANDERSON • 150 N. LAKESHORE DRIVE SCOTT A. GLASS a OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER �� ?� (407) 656 -2322 CITY MANAGER yla�,P :• ��,` ELLIS SHAPIRO Of G OOD STAFF REPORT DATE: December 4, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Home, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Director of Planning t""/ SUBJECT: Dye/ Christensen - Orange County Public Schools Annexation (Case Number AR- 98- 10 -12) ISSUE: Should the City of Ocoee annex the above referenced property? BACKGROUND: The subject property is approximately 3,500 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The 26 acre parcel is vacant. The applicant has indicated that the property will eventually become a new Orange County Public Elementary School, if the annexation and rezoning are approved. The City of Ocoee will also use part of the property for a new Ocoee activity -based park. The subject property is designated Low Density Residential (< 4 d.u.a.) on the City's Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R -IAA, Single Family Dwelling District, which would be consistent with the above referenced land use designations. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria. The subject property is located within the Ocoee - Orange County Joint Planning Area (JPA). Since the property is contiguous to the city limits and the abutting Vine property is also requesting annexation, the property is being considered for annexation as outlined in the JPA Agreement. Planning and Zoning Commission December 4, 1998 Page 2 We have notified Orange County Planning Staff of the Annexation Petition and they have stated no objections. The requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a park and a school site. We have determined that the City can adequately provide a full range of urban services to the subject property. It should be noted that there are no existing potable water and wastewater lines nearby so the developer will need to extend and improve these facilities to service this property as part of development approval. These services will be provided by Orange County since the subject property is located within Orange County's utility service area. Typically, an Annexation agreement is required as part of the annexation approval process to address right -of -way and /or utility issues. In this case, there are no right -of -way and utility issues since this parcel is located outside of Ocoee's utility area and there are no abutting Ocoee roads. The property is not landlocked because there is access to Seventh Avenue, a dirt road, located in Orange County. Additionally, the City intends to create a new entrance that will ultimately connect the subject property to Gotha - Park Ridge Road. Accordingly, no Annexation Agreement will be required in conjunction with this annexation. The 1998 estimated value of the property is $490,000.00 for the vacant land but there would be no City of Ocoee ad valorem tax revenue since the property would have a tax - exempt status. Although the subject property would be tax exempt and would not generate taxes, the school and park are community uses that would serve the residents of Ocoee. Accordingly, staff considers annexation of this property feasible based upon the above considerations. DEVELOPMENT REVIEW COMMITTEE MEETING: On November 16, 1998, the Development Review Committee (DRC) met to consider the Dye/ Christensen/ Orange County Public Schools request. City Staff discussed the Annexation. After a brief discussion, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation. STAFF RECOMMENDATION: The Planning Department recommends that the Planning and Zoning Commission recommend approval of the Annexation Petition submitted by Dye/ Christensen/ Orange County Public Schools in Case Number AR- 98- 10 -12. Attachments: Annexation Feasibility & Public Facilities Analysis Location Map P: \CALEXANDER\ALL DATA \CAPDFILE \Staff Reports\P&Z SR \SR98068.Doc City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/04/98 Case Number: AR- 98 -10 -12 Dve/ Christensen - OCPS This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. Planning Department: Home A. Applicant(s): Jon Martin, Orange County Public Schools B. Property Location: 1. Parcel Id. No.: 32- 22 -28- 0000 -00 -011 2. Street Address: None. 3. Legal Description: See Planning Department files for a legal description. 4. Directions: Approximately 3,500 feet northeast of the intersection of Maguire Road and Gotha Park Ridge Road. 5. Size: 26.07 +/- acres C. Use Characteristics: Vacant 1. Proposed Residential Units: none. 2. Projected Population: none. 3. Existing Use: Vacant. 4. Proposed Use: Elementary School and an Ocoee park site. D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: A -1, Citrus Rural District 2. Orange County FLU Designation: Rural/ Agricultural (1 unit per 10 acres) 3. Requested City of Ocoee Zoning Classification: R -1AA, Single Family Dwelling District 4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 units per acre) 5. Consistent With: Comp Plan ?? Yes. JPA ?? Yes. 6. Comp Plan Amendment Required? No. When? N/A II. Fire Department: Chief Strosnider A. Estimated Response Time: Two to three minutes. B. Distance Traveled (to property): Less than one mile. C. Nearest Fire Hydrant: Adiacent to Cross Creek Subdivision. D. Fire Flow Requirements: The existing hydrant is not close enough. E. Comments: Fire hydrants will be required as part of the public building approval process. • • - Page 1 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/04/98 Case Number: AR- 98 -10 -12 Dye/ Christensen - OCPS Ill. Police Department: Chief Mark A. Estimated Response Time: Five to ten minutes. B. Distance Traveled (to property): Three and a half miles. C. Police Patrol Zone: South. IV. Finances: Home A. Theoretical Assessed Value: $490,000.00 for land only B. Estimated City of Ocoee Ad Valorem Tax Revenue: None, the property will be tax - exempt. C. Anticipated Licenses & Permits: None. D. Total Projected Revenues: None. V. Utilities: Shira A. Potable Water Issues: 1. In Ocoee Service Area? No. This property is in Orange County Utility Area. The applicants must coordinate with Orange County to ensure that utilities are available. It is Staffs understanding that Orange County utilities are near enough for an extension. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? No. This property is in Orange County Utility Area. The applicants must coordinate with Orange County to ensure that utilities are available. It is Staffs understanding that Orange County utilities are near enough for an extension. C. Other Utility Issues: Shira 1. Utility Easement Needed? None. There is an existing drainage easement along the northern property line. 2. Private Lift Station Site Needed? Up to Orange County Utilities Division. 3. Well Protection Area Needed? None. 4. Other Comments: None. • - Page 2 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/04/98 Case Number: AR- 98 -10 -12 Dye/ Christensen - OCPS VI. Transportation: Friel A. Paved Access to Property? No. Describe: Moore Road and Gotha- Park Ridge Roads are the closest paved roads. Seventh Avenue, a dirt road, is the closest road and an entrance would be off of Seventh Avenue. B. ROW Dedication? N /A. C. Traffic Study: Possibly. D. Traffic Zone: 250. E. Other Traffic Improvements Needed: To be determined as part of the public building review and approval process. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the public building approval process. B. Parks /Recreation: The proposed Ocoee Park will add capacity. C. Sewer/Water Capacity: N /A. D. Stormwater: The applicant will be required to handle stormwater retention on -site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrence evaluation during the public building approval process. F. Potential Impact Fees: N /A. G. Other Issues: None. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: N /A. B. Within 100 year flood plain: No. IX. Specify Other Comments & Considerations Below: P: WHORNEWLL_ DATAW NX- REZWctive\DyeOCPSARWNF_Dye.doc • - Page 3 - • N City of Ocoee, Florida Location Map - Orange County Public Schools Proposed Elementary School & Ocoee Park Site 4 % �� ��`d s $ "r1' II t I j r ----: Mo re , . -IL �_L J L �`t li ! 7 L - LL_. S u bj tt 1 - - __. P ars sls T 1 I LA. ; _J _ :;: j i H -- � ` N> it - -, - i I I,-;_ r , -t L . - 1 s� r � O � i + ..\ ` - K / :� - � �._ _ r"-- r �� . - -I . -- 1 - 7 - 7 2 r � ` I , - ...4k/ -< - - `,..k.--- 1 1 // . . , _-, 1 - 1 ------1 1 \--„, \—es . , __Hi, i , i /! ' ' 1 � _____1 I I I I 1 1 I -- I! 7 / ! I I 1 �-' 1 • i i I, I l _L_-i --, r _-� 1 , I , , i !I , L L---L, L---L, _!- — te / Legend: Ocoee City Limits ' °,,' ulhili Ocoee City Limits SPA Boundary Line Scale: Lakes 1" = 1 N Property Lines c } ii if n ii .:44i rti, a 1 L « i . co l! h ,, 12 8j . 7S i 5 ,g. I 111. 1 1 i lit . illtgrf .: "i ' III ill if I I 1 .. i i, i , g gl sj wi f5141, ii. I 1 isil.z - ,„ gi . . .f hi lilt! zgg,. l Iii l tillel e g -1 . 1 1 1 z ili!ti z 1 1 1 til 1 ij' d 11i 1 lA � � 5 1 il 11 'il x11 1 1 II i ITEM III. G. Dye / Christensen / Orange County Public Schools Rezoning Case No. AR- 98 -10 -12 } • i "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF OCOEE DANNY HOWELL ��irry •i • O SCOTT ANDERSON a 150 N. LAKESHORE DRIVE SCOTT A. GLASS v D OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER l" (407) 656 -2322 CITY MANAGER 4 N> ELLIS SHAPIRO Of G STAFF REPORT DATE: December 4, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Home, AICP, Principal Planner , THROUGH: Russell B. Wagner, AICP, Director of Planning 0 1 1 --- SUBJECT: Dye/ Christensen - Orange County Public Schools Rezoning (Case Number AR- 98- 10 -12) ISSUE: Should the Planning and Zoning Commission recommend approval of the above application to rezone the subject property from A -1, Citrus Rural District (Orange County) to R -IAA, Single Family Dwelling District (Ocoee)? BACKGROUND: The subject property is approximately 3,500 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The 26 acre parcel is vacant. The applicant has indicated that the property will eventually become a new Orange County Public Elementary School, if the annexation is approved and rezoning are approved. The City of Ocoee will also use part of the property for a new Ocoee activity -based park. This quadrant of the Joint Planning Area abuts the Gotha Rural Settlement to the east and unincorporated Orange County to the south. Single family development in this area is dominated by half -acre and one -acre home sites. Staff anticipates that these requests for rezoning will generate considerable concern amongst nearby property owners who feel that all properties in this area should be based upon half -acre minimum lot sizes. The Westridge, Cross Creek, and Wesmere developments allow minimum lot sizes as low as 7,000 square feet. As a compromise, Staff has required that the applicant maintain a minimum lot size of 9,000 square feet (about 75' x 120'). Most of the surrounding County land is zoned either A -1, Citrus Rural District or RCE, Rural Country Estate District and used for single family residential purposes. One notable exception is the nearby Orange County Belmere single family subdivision on the southwest corner of Maguire Road and Roberson Road. The Belmere parcel is zoned PUD and it allows smaller single family lots, commercial, Adult Congregate Living Facilities, and multifamily uses. � . The Planning and Zoning Commission December 4, 1998 Page 2 DISCUSSION: The subject property is designated Low Density Residential (< 4 du /acre) on the City Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R -1AA, Single Family Dwelling District which would be consistent with the above referenced land use designations. The underlying Low Density Residential land use theoretically permits eight possible zoning classifications (A -1; A -2; RCE -1; RCE -2; R -1AAA; R -1AA; R -1A; and R -1). Since schools, parks, and other public facilities may be permitted in any zoning district, it would be appropriate to assign the same zoning classification that is approved for the adjacent Frank Vine and Parker/ Lawrence properties. The Comprehensive Plan lists several zoning districts that are consistent with the Low Density Residential designation, but the City may choose from the range of potential zoning classifications and select one, as appropriate. Staff has determined that the requested zoning classification is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area (JPA) Agreement with Orange County; and (5) surrounding land uses and zoning classifications. More specifically, the request is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.15; (e) Policy 1.16; (f) Objective 2; and (e) Policy 2.4 (attached). RECOMMENDATION: The Planning Department recommends that the Planning and Zoning Commission recommend approval of the requested rezoning to R -1AA, Single Family Dwelling District, and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement. Attachments: Future Land Use Map Zoning Map Future Land Use goals, objective, and policies P: \CALEXANDER\ALL_DATA \CAPDFILE \Staff Reports \P&Z SR \SR98069.Doc N The Planning and Zoning Commission December 4, 1998 Page 3 • P li ,, "F' .„ 1. : 1 1 . v n` - $ , NN .-.....,.. .t . ,, , , ! _ ,. . : 4 ..... 1 . i_ - , . . � - 7' - � • ..... • Subject f Property s% s R ii . ' " 1- , ,.. I . •r 1�' '`� 11 , .___. , '.d '' ,k`� ' . 1. l\ W"\\„ , \ N - \ z '''I I i! • Jam. ��,� c - '� ,_, III 17 . _ -'r f : J _ ` ..t. ` fir- �•t� + �.. . .. _ . .... ..,... , Future Land Use map The Planning and Zoning Commission December 4, 1998 Page 4 l ' i , 1 _ i -1 i ' � ' �.° T77 I ' =� _rY�J11H 64 tT7^r Es :ti� ■ t Igta. - Li il . . ' it. t :� ` '` r I , ut h i t t l <aa-^rg <rarJisr•, 1 J 14 i 4 _ , i r ' 1 --_- 7_7_7 i -fir= - 1 1 F-' Subject Property col IL V —. !i '..- ) - ...-- ' ' --.. id ,4 f: t ±ti , ,' 1 , 1 , 4 -\ , :'"-- - 1 \I f I Zoning Map a c t 111 11f 3121? 111 q 1 l 1E1 I � a1 V a ti r 11 fill! P iii q 3 .O 3 3 E3 w 0 I Ijp ilW r s 1 .er '% t!Illta 11111 ii� fl I: � 3' 1 11 11 t pit -i$_ i l a : _' -' '''' tilli l . .„:_.:-,:11. i u.,.. 4 1 11 - s i s %_ •.:!,, .tt L1. . � f I 1 1 ( .; .! j I� y ITEM NUMBER III. H. Parker / Lawrence / Beazer Homes Rezoning Case No. R- 98 -10 -11 • "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT OCOGG COMMISSIONERS .�. , o CITY OF OCOEE DANNY HOWELL 1 �'at4 SCOTT ANDERSON • 150 N. LAKESHORE DRIVE SCOTT A. GLASS v p OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER r :4* , yr ( Ait (407) 656 -2322 CITY MANAGER 4 N> ELLIS SHAPIRO of G 00v STAFF REPORT DATE: December 4, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Home, AICP, Principal Planner XI Ok THROUGH: Russell B. Wagner, AICP, Directo r of Plannin g SUBJECT: Browning/ Lawrence/ Beazer Homes Rezoning (Case #AR- 98- 10 -11) ISSUE: Should the Planning and Zoning Commission recommend approval of the above application to rezone the subject property from A -1, General Agriculture District, (Ocoee) to R -1AA, Single Family Dwelling District (Ocoee)? BACKGROUND: The subject property is approximately 2,700 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The +/- 96.32 acre parcel is vacant. The applicant has indicated that the property will become part of the preliminary subdivision approval for "Ocoee Crossings," if the rezoning is approved. "Ocoee Crossings" is a proposed subdivision located on the subject property and the abutting Frank Vine property to the east. This quadrant of the City abuts the Gotha Rural Settlement to the east and unincorporated Orange County to the south. Single family development in this area is dominated by half -acre and one -acre home sites. Staff anticipates that these requests for rezoning will generate considerable concern amongst nearby property owners who feel that all properties in this area should be based upon half -acre minimum lot sizes. The Westridge, Cross Creek, and Wesmere developments allow minimum lot sizes as low as 7,000 square feet. As a compromise, Staff has required that the applicant maintain a minimum lot size of 9,000 square feet (about 75' x 120'). Most of the surrounding County land is zoned either A -1, Citrus Rural District or RCE, Rural Country Estate District and used for single family residential purposes. One notable exception is the nearby Orange County Belrnere single family subdivision on the southwest corner of Maguire Road and Roberson Road. The Belmere parcel is zoned PUD and it allows smaller single family lots, commercial, Adult Congregate Living Facilities, and multifamily uses. The Planning and Zoning Commission December 4, 1998 Page 2 DISCUSSION: The subject property is designated Low Density Residential (< 4 du /acre) on the City Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R -IAA, Single Family Dwelling District which would be consistent with the above referenced land use designations. The underlying Low Density Residential land use theoretically permits eight possible zoning classifications (A -1; A -2; RCE -1; RCE -2; R -1AAA; R -IAA; R -1A; and R -1). Although single family dwellings are allowed in each of the above zoning districts, single family subdivisions are more appropriately located in the R -1AAA; R -IAA; R -1A; and R -1 zoning districts. The Comprehensive Plan lists several zoning districts that are consistent with the Low Density Residential designation, but the City may choose from the range of potential zoning classifications and select one, as appropriate. Staff has determined that the requested zoning classification is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) surrounding land uses; and (5) adjacent zoning classifications. More specifically, the request is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.15; (e) Policy 1.16; (f) Objective 2; and (e) Policy 2.4 (attached). RECOMMENDATION: The Planning Department recommends that the Planning and Zoning Commission recommend approval of the requested rezoning to R -IAA, Single Family Dwelling District, and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; and (3) the Ocoee Land Development Code. Attachments: Future Land Use Map Zoning Map • Future Land Use goals, objective, and policies P: \CALEXANDERWLL _DATA \CAPDFILE \Staff Reports \P &Z SR \SR98070.Doc The Planning and Zoning Commission December 4, 1998 Page 3 . �` - 1 - `` r , t -• ( r fir • it ' . . f, _ ' Subject • i! ' , Pro erty :. /. , .". i - \ '''-- s„, .4. \\,‘, 1 r..., : : : .-: ---.. ,„ '' ` .N\ 4 l iE ' ,. ! s` �. i iii - /4 . ∎ ti 4�v ; . r. . - ■ . ,. Future Land Use map The Planning and Zoning Commission December 4, 1998 Page 4 , ) ft.. t . AA 1 1111, ) 7 .,,,.. ..,...- . swlo�iax asses i r'1tT ??1 ....mfr. biltti 4 Ea rtz Alt ..---.. Slat ...., II n j ter_ E �, _ �i U } ( t I d - / r i t �. P li 1 ` ` I s `JISTZ.�' 1 +plamOGI ivs" :.'"• , ' � { 2 � �_ tLL'• J� 4 i t 1 11 �1 � _ ♦ P � t y__ _ r,J Lce�rA P y/ 1 ...•1 :- I - 4 iv., I 4 Subject 1 _ Property '1/1/1. ef ' - (,:it.,) _- • 1 _ ■ I Zoning Map The Planning and Zoning Commission December 4, 1998 Page 5 City of Ocoee, Florida Browning/ Lawrence/ Parker/ Beazer Homes Rezoning to R -1AA TA 111 •un.ul G E,11,... C '-.':' w �i E i u.0 \ ■ • P 1 � t , ,- , , •4. • •j _.. ® 11111'1 ■ �- P. l .. # ... I r . . ,.,11111111111111111. • r _ Al Al „,,, r �\IIIIIIIIII mini11e�uipqi i � � • � m •_r •_ • ` ul lllli� uuuuuu 111 li A rye,k1 1 • ,P , ! 1 11 . ;: 4 0 ��,��jIG� fib : ' .: %II :iiiiiiii j .. It, 4 i 1/1 annuli! •r � 1..__.' 44 :r i qO u; G -nun 4� .au► ” �''l - 1 D im . N Irt1uu J `11 � I Uu111 41 - f.. ' 1 E - ilv ft -= 1 ,01111 d IIII% Pt EC. IP;11 C lai111N11,uib 1. ♦1� /.nt111 oor R. - -- Roberson Road �o - ,II111 � _ ■ gl' 11 ' ''''" P' f ' ��ii �� . Subj , j P 1 /Ii'I- 0 En. i 1 I I I P PI RIP i^ � Willi � r ° . o1 /1. la n ■ ■ � ■ .. ii - WI lb VII INNIMMII 1 Ga.• i�i 401ii f I. l Qa m lis IIluhui 1i�� / I. 4t4,4, o 111111111!11■ �.......... vrr��•� IOC \i m$; "� �I SA Legend: L I Ocoee City Limits MIN Subject Parcels s cale; N.T.S. Lakes N I Property Lines $ 8g lip 1 1 11.x. iii c . 5 $ 11 ii 1 1� i 111 � ffi Est 5 • i g 111111 1 li c 0 2 ' D a : I.E18 Iu �3flJ1 ! � ! t 1I ITEM NUMBER III. I. Colony Plaza Rezoning Case No. R- 98 -09 -08 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF O C O E E DANNY HOWELL Cr , �y • 150 N. LAKESHORE DRIVE SCOTT ANDERSON SCOTT p OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER Cr j■ F - ? v (407) 656-2322 ' ). '11 1 �� CITY MANAGER f4, Gf GOOD ELLIS SHAPIRO STAFF REPORT DATE: December 2, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Horne, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Director of Planning Ii/ SUBJECT: Colony Plaza Rezoning from C -2 to C -3 (Case #R- 98- 09 -08) ISSUE: Should the Planning and Zoning Commission recommend approval of the above application to change the zoning from C -2, Community Commercial, to C -3, General Commercial District? BACKGROUND: The subject property is a vacant 4.5 acre parcel located on Maguire Road approximately 600 feet south of State Road 50. It is located within the Minorville Activity Center and subject to the State Road 50 Activity Center Special Development Plan. The underlying Future Land Use designation of the subject property is Commercial. Most properties in this area were annexed in 1984 and assigned the same zoning that they have today. The Shell Station to the north is a notable exception because it has been in the City and zoned C -2 ever since 1969. If the requested rezoning to C -3, General Commercial District, is approved, the applicant has indicated that the subject property will be developed as a mini - warehouse/ storage business. As indicated on the attached Zoning Map, the surrounding zoning is C -2 to the north and south and C -3 to the east and west. The character of the surrounding area is primarily light to medium intensity commercial. The surrounding land uses are summarized below and shown on the attached Location Map: North: Colony Plaza Resort East: nursing home Shell Gas Station with car wash bank South: small movie theater West: vacant C -3 zoned parcels restaurants and dance studio county agricultural land All of the above uses are either permitted or conditional uses within the C -2 zoning district even though some uses are located on C -3 zoned parcels. Staff'Report to the Planning and Zoning Commission Subject: Colony Plaza Rezoning (R- 98- 09 -08) December 2, 1998 Page 2 Table 5 -1 "Use Regulations" of the Ocoee Land Development Code identifies all of the permitted uses and Special Exceptions for each zoning district (attached). Thirteen uses identified in Table 5 -1 are allowed in the C -3 zoning district but not in the C -2 zoning district. The uses listed below are not permitted today but could be allowed on the subject property, if the requested rezoning is approved. 1. Adult Entertainment Establishment (Permitted by Special Exception) 2. Boat Sales and Service (Permitted Use) 3. Bus Terminal (Permitted Use) 4. Car Wash (Permitted Use) 5. Heating and Air Conditioning Sales and Service with outside storage (Permitted Use) 6. Live Entertainment Establishments (Permitted by Special Exception) 7. Mobile Home and Travel Trailer Sales (Permitted Use) 8. Printing, Book Binding, Lithograph, and Publishing Plants (Permitted Use) 9. Radio Broadcasting and T.V. Stations, Studios, & Offices (Permitted Use) 10. Recreational Vehicle Park (Permitted by Special Exception) 11. Sign Painting Shop (Permitted Use) 12. Storage Warehouse (Permitted Use) 13. Veterinary Hospitals and Kennels When Confined to Structure (Permitted Use) Additionally, if the requested rezoning is approved, the following six uses would become uses - by -right (in the C -3 zoning district) rather than Special Exceptions (in the C -2 zoning district). Without a rezoning to C -3, General Commercial District, the uses listed below could only be permitted by Special Exception after public hearings before the Planning and Zoning Commission and City Commission. 1. Automobile Repair 2. Automobile Sales (New and Used) 3. Automobile Service Stations 4. Convenience Stores with Gasoline Sales 5. Gasoline Stations 6. Hotels and Motels DISCUSSION: The underlying Commercial Future Land Use designation theoretically permits three possible zoning classifications (C -1; C -2; and C -3). Although the Comprehensive Plan lists three zoning districts that could be determined to be consistent with the Commercial designation, the City may choose from the range of potential zoning classifications and decide to be either more or Tess restrictive when assigning a zoning classification, as appropriate. That is, there is no absolute right by a property owner to expect that a higher zoning classification will be approved when requested {See Board of County Commissioners of Brevard County v. Snyder 627 So. 2d 469 (FLA. 1993) ). Staff Report to the Planning and Zoning Commission Subject: Colony Plaza Rezoning (R- 98- 09 -08) December 2, 1998 Page 3 There are several general planning principles that should be considered when evaluating a request for rezoning and they include: 1. Character of existing development (already built) 2. Desired community development patterns (future) 3. Ability to provide City services (concurrency) 4. Supply of similarly zoned parcels (availability of other sites) 5. Future Land Use designation and Comprehensive Plan consistencies (policies) The remainder of the discussion is organized in terms of these five factors. The character of existing development is light to medium intensity commercial at the intersection of State Road 50 and Maguire Road despite the C -3 zoning of many properties. In fact, the State Road 50 commercial corridor has developed in two distinct segments. The western half of the corridor between the Florida Auto Auction and Walmart is predominantly zoned C -3, General Commercial District. The existing development pattern near the Auto Auction is primarily higher intensity or auto - related commercial uses. Closer to Maguire Road, the development pattern becomes increasingly retail and service oriented despite the zoning. The eastern half of the corridor between Maguire Road and Good Homes Road is predominantly zoned C -2, Community Commercial District, with some PUD, Planned Unit Development, P -S, Professional Office, and R -3, Multifamily Residential zoning districts. If the City were to approve the requested rezoning, the character of the existing development pattern would be changed because it would set a precedent for rezoning abutting parcels to the north and south. Two sources for considering the desired community development pattern are the Land Development Code and State Road 50 Activity Center Special Development Plan. Specifically, Section 5 -3(B) of the Land Development Code describes the intended character of the C -2, Community Commercial, and C -3, General Commercial, zoning districts (attached). The C -2 district is primarily intended to serve the general retail and personal business service needs of the citizens of the community. The traffic generated by C -2 uses is expected to be primarily passenger vehicles with only those commercial vehicles needed for deliveries. The C -3 zoning district is intended to provide for the retailing of larger merchandise and the furnishing of major business services. Characteristically, the C -3 district occupies an area larger than other commercial districts and serves a considerably greater population or service area. As an example, a Recreational Vehicle Park may be permitted by Special Exception in the C -3 district but these Parks typically serve people who live far from Ocoee. The subject property and abutting parcels are located within the Minorville Activity Center and, as such, are subject to the State Road 50 Activity Center Special Development Plan. Accordingly, the City has adopted standards in its State Road 50 Activity Center Special Development Plan to encourage mixed uses and high quality commercial development for the undeveloped properties within the Activity Center boundaries. Staff Report to the Planning and Zoning Commission Subject: Colony Plaza Rezoning (R- 98- 09 -08) December 2, 1998 Page 4 Another consideration is the City's ability to adequately provide services to the general class of uses allowable with a requested zoning classification. Typically, the City's principal concurrency concern is roadway capacity. The City recently obtained bond funding for about $14 million in improvements to Maguire Road and Professional Parkway. Additionally, this section of State Road 50 is the most congested, and the State has not set aside funding for widening or improving State Road 50. To improve the flow of traffic along State Road 50, the City has adopted the State Road 50 Access Management Study. Theoretically, the City should not approve a rezoning that we could not adequately serve. The principle issues regarding the ability to provide services relate to the characteristics of vehicles and the types of roads that are necessary to serve them. Light to medium intensity commercial uses generate primarily passenger vehicle traffic. Examples of such uses in this area are shops, restaurants, offices, gas stations, banks, a walk -in clinic, a theater, and a nursing home. Higher intensity commercial uses permitted within the C -3 district include boat sales, bus terminals, mobile home sales, recreational vehicle parks, and storage warehouse. These uses generate larger vehicles that travel farther, require more turning room, and require longer stacking lanes. Maguire Road is two -lane roadway classified as a local Arterial in the Ocoee Master Transportation Plan. Maguire Road is scheduled to be widened to four lanes with the next 18 months. Light to medium intensity commercial uses are appropriate for properties with primary access onto Maguire Road since they generate primarily passenger vehicle traffic rather than commercial vehicle traffic. The C -3 uses are more appropriate for properties with direct access onto State Road 50 which is designated as a Principal Arterial to "accommodate major centers of activity ... [and] the highest traffic volume[s]." It should also be noted that there may be an oversupply of vacant C -3 zoned property in this area. There are already about 200 acres of vacant Ocoee C -3 property located within a one mile radius of the intersection of State Road 50 and Maguire Road. There is also an additional 60 acres with the potential for annexation and rezoning to a commercial zoning classification. The abutting property owners to the west have approached the City about developing their C -3 parcel for multifamily residential possibly because there is no market for additional C -3 land. The final criteria for considering the requested rezoning to C -3 is consistency with the Ocoee Comprehensive Plan. The Future Land Use designation of the subject property is Commercial and, as discussed above, there are three possible zoning classifications that are theoretically consistent with it (C -1, Neighborhood Shopping District; C -2, Community Commercial District; and C -3, General Commercial District). Staff has determined that the proposed rezoning is not consistent with the Comprehensive Plan. More specifically, the requested zoning is inconsistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan (see attached): Goal 1; Objective 1; Objective 2; Policy 2.1; Policy 2.3; Policy 2.4; and Policy 2.9. These policies primarily relate to compatibility with surrounding areas and availability of infrastructure. The requested rezoning warrants careful consideration regardless of its location based simply upon the increased intensity of uses that would be permitted and the potential precedent that such a rezoning may set. However, the subject property is in a key location adjacent to a key intersection (Maguire Road and State Road 50). If the City were to approve C -3 zoning at this Staff Report to the Planning and Zoning Commission Subject: Colony Plaza Rezoning (R- 98- 09 -08) December 2, 1998 Page 5 location, it may set a precedent for allowing more C -3 zoning in other key locations along Maguire Road when there is already an abundance of vacant C -3 zoned property located to the south and west. In summary, the proposed rezoning to C -3 would be: (1) inconsistent with the character of existing development; (2) establish an undesirable future development pattern; (3) generate larger vehicles that would stress a constrained roadway network; (4) add more heavy commercial property to an Activity Center that already has large areas of vacant C -3 land; and (6) be inconsistent with the stated goals, objectives, and policies of the Ocoee Comprehensive Plan. STAFF RECOMMENDATION: Based upon the foregoing analysis and findings, Staff recommends that the Planning and Zoning Commission find the application of Colony Plaza in Case #R- 98 -09 -08 to be inconsistent with the: (1) character of surrounding development; (2) projected development patterns; (3) the City's concurrency management system; and (4) stated goals, objectives, and policies of Ocoee Comprehensive Plan, and recommend DENIAL of the requested rezoning to C -3, General Commercial District. Attachments: Location Map Zoning Map Section 5-3 (B) Table 5-1 "Use Regulations" Future Land Use Element Goals, Objectives, and Policies p:\ calexander \all_data \capdfile\staff reports\p&z sr\sr98062.doc j4 Staff Report to the Planning and Zoning Commission Subject: Colony Plaza Rezoning (R- 98- 09 -08) December 2, 1998 Page 6 Maine s 11 ti �> / p , ., -` i i Holiday Inn ' s Walmart Center a l ti T. 9 09 Amoco Station tat �� Shell Station _ Strip commercial Y l . ,a shopping center i r Colony Plaza Resort , ' Subject Properl movie theater and small strip center 1 j bank -.41--- vacant �y i j ri , f- � 1'- -: nursing home 1 vacant , F Florida °ur ik+ b A I Location Map Staff Report to the Planning and Zoning Commission Subject: Colony Plaza Rezoning (R- 98- 09 -08) December 2, 1998 Page 7 l C -3 A r R -3 .� 4Y w .✓ _.t, t • 4-„,,,,, .,>«. .«.. rye` 4 c_3 C -3 c - 2` r m ET , 1 tj C -2 rw.r+Pa s % , f r - 50 `--" ' - I ' t -- St at e Road S ..4, ,,,_,_,,..,t , '''''",r C -7 ' , 4 6 ,4 i p ' 4 C - v ' -,...„ 4 , ,. , c -. Subject ._, a i Property .__ ..._. .. 9 p -, I ..,yy Professional Porky' ay i I G -3 C -3 1 1 -1 L", F g'3 1 . j' f L!'Y y n I Zoning Map I , l A AlitPlili 11111'1.' ,1 ,,. - 1 l i 1 1 $ - 1 !:- Ili , ,. Ai,111; 1 ggilzt litri 1 '' 11 I 41111 i 11 I I i 1 lf 1 i l 2111 z ; ill FE;; th 111!Ig .p5rli eia. lea ' 1,1 iti ii 1 h „. i 1 14 g l r 4 tEll alppit itili i 1 'Bril is t iv, i '11. Piriii 11111 4111 iitti. 5 t I !I its hji pi 4111111; r g i 1;21iiii 1 Ph gill 1011;4 8 3 4 g e a§ 46 l's 411 FrA s Le .> 2 _ g i l l -111 1 911i 11 1111 1111 t _ PI , ATTACHMENTS FOR ITEM NUMBERS III. A. thru I. * Future Land Use Map * Table 5 -1 "Use Regulations" * Section 5 -3 B. Zoning District Descriptions (Page 18103) * Future Land Use Element Goals, Objectives and Policies 1 : . :11. 4 1 : . . - 1 . . s iiit i fi. s iff i . i. 1MIPP \ • I " ' ■ . . -.....,::N...!.. i -' ,.. - -1 1-f-T-4-. II , "/.., • •, 4 , : , _AW , 7.. 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L I , ' c..../.ZZ:"C.C":::::: '''. ... //. ..\N \,\\\ \\ ,•Ii...\\\N I • , . , , , !,.Z • , •2, /',///' • \\ . / , s '..,, ,,. '1/4' `" , .., • a " V / . 4 INSTRURONAL,bXNER14.0if 1 COWS OF PFUJENIX - ."-- Jam PIANIIING AREA BOUNDARY OCOEE CM Jmns 00/94) • 1-- - t .■ 11111111111111. Efitrifatite: N40 03111100101t Rill RINE NMI 10 IVY AI 000 NAM ,, CPA-95-1-1 CPA-97-l-2 CPA-97-1-3 * = T e areas outside of the JPA are for Planning purposes only, they do not confer any velopment rights, and would require a Comprehensive Plan Amendment upon incorporation into the City of Ocoee. s — - a Table of Permitted Uses (Table 5 -1) "P" = Permitted Use In that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception In that Zoning District (requires advertised public hearings) development requirements. This Use Is not permitted in this Zoning District Use • I A -1 I A -2 I RCE -1 I RCE -2 I R -1A I R -1 I R -1AAA I R -1AA I R -2 I R -3 I RT -1 I PS , C -1 I C -2 I C -3 1 1 - 1 11 -2 1! :.;•• - :y:•.: {:4 ::.. :..;.. ;.:...;•:•:,.:.: 4;:::•;:.::. r.: 4::: ryy:::: ::::.y:•y: { { : :.:::.::.:.....:4, :.:::.: •::: •::: •::: •:: •:: •:: •: •: •:r.�::::::..:::::..:::::::.:•: ........... .., rz. .. f....r......: ..... ..... ..... :.,:. ..., Z, r:. .. .. r...... .. r. ... ... :.:. x..t ..r .:.... ..... ..r :.. .... rr. .. ........ .f a .rf. , .... ...rr. r.. ...f. ..r.... r.. ....x. :.. .:... ......r r.. . r.:. r .r .... ..:..:.r: .::•..... r.;::.;.:.;r {•:.f. .... ... : +yr..::' .. t...r�:. f'S.:.. r. ....:......:.: r.. r.. ... r.... . :...:. r. ........ ..:. . .. ....... .. ....... ........:. r:. :.... .4.. /. :.t.. rr. ri ..rl...:. ...:... .. f ...,.r . .r: .rr .... .'k:..... 1. r ............... .....r ..c....:. r : ... .:i r rr.. ..4..,.. .. {..:. 1. , %l;:r' <;: ', ... ..... •: ... ,... , �. ft.. r....r.. f .................:.. r...:. :... r.:...� / .. s �w.. . r.. rf. f.:i. {4........ �:�rr -. .... r .. r.. : r:. , :... fr .:.: f. ..:. . r.r .. ..:.. �i . } r .. f........ ..:. ..... .. r......... r :...... rr:r. /.. : ::.. rY . /... :: y! : �..:. •: f .: rf. •1.•.'::'r::$::t: 4......4. r..n. ..♦ 4y.. !. ..........Y......r.. .r.... .::. : n /. f /..ny ......... .1 .. f. .......: ...................... vn : n ... F; n. ' . rl.: IF. . ....... r .. r '2 ! .. ...: r.:... r... f ...... ......... x............... r....... ... {.. l . .. . /. r�rf:r, : �/ $ :: f�:::: ..4:::•:: r r.Jr.�: %iiyy: %:•/ r :'rI:4: ., .. .:..., ...:.. rr. . v: 4:..t.. .. :...t . ...........:.........:r.. r.......:: .. > $..rk ........:...., .......: ..r.4......:. /• t r: .. /f.`i ..f. r•. iY'. ••.!• -i .f... .. .. .. .... .. r.... ..r r$ rY..........: r: .......,:.r.: ............ .. r...........: .:..;. 1'. r....:..:..:..:.... ..:....... r............. tr a rr. / • .... /...r •. r./ 1.•r r ^:: .rar •::::. r $ y{. y .y „ {::•f.•:i... 1,Y. .: `/ .. t . .... ........ :Y.' .. . r:. ,.... r.. :.. :..... ... .:... ..: .......................rrY.. ...4;.>.Sf.... r. ... $.. .... .. .. /?fr: l f:5::�'•:•• >• /. i ..f .. r;:r: �. . .. �yy y . �i ..�l��� .....................rl. r ..:...: r........ .............r................. ..:.......:... t.....:.....:. .....r...:.......r..,t:.:.:.:.r ......r ........4. r{ r/:. : /r }.. �:...i. /: - r:•l::r::. : . /t%:::r . ..Y - . �•. br. ...�,/.'� `1l4 ��+ 4� :..:...... r. r...l.:. rr,�.::` :........... .......:.... ..... r............. ...........................::.. r.......... r.. .................::: ,•:::: r::::{{.::..: r..::t {:4. f.f�:�n{.:4:�:Y'i ..4e. rr•:3:. .rr::•::::f . f: ? $r::..••r. /i •:.. r.r... .5 .:/•. ?�. . {f ....::.:.....:.. rl r• %:::r:t.f.:.::::.......... rL........ /..:. r... :.:.........t.:: �•., n {.::: ;f.,H- .,'}.,: {f { {.:..... r:..: i agriculture P P P • P P P P • P P P:` P - - - - - Agricultural Processing - • - - - - • .. ,: $ . { ... .. ... . :r .. r` .. ...... .......... :.. r/ . :.::.Y .......:::... ..... rrf..rf.: �y w :r:. : < yy: >•..•Y•.r. r . .. ... :. . Y r ,. } . rr : . r :. .. ,.. ., ......... r. f :.. {} .: . .. .:yr.... .. .t...r. r . ;r': • {. �• f.'•x::'. f. :r f l: $':::.. •:;$”; • . 5 :::. • , • K : > ::.::: r . 4 G ...$.. . • t: td• ;. {s f r: %1:: 4. • - : r ' : rZ „I.r; lW : rr?$: $ ..wy' E .l :$: f %y' ;. / -: {.$'• ..r }.:•y: •$ .{ . .�•+r><•y.:•..4..•. -::: {. r.: .i,vr. C . 4,; :: . I rf. ::4•x:'::: :. G y y.. .:: {•::. N.:••: • Y:' . t4 r::b :.4. ��:' •. r.�'% ,:+F.:. ';l f�.:: r ••:r � '' $'.; x . ,(,;y : ar:.� •. �:.. {.3. : /.•. . y.: •.::. .:r. . r$ '.. . y'i` ". r.. �ri.4r::: ::$R.•'•r2a•.'• • •. r •• •. �.Q . IE i'.ARiAt' ..... :'.. .. Xl.... ::: ::.. {.$: { {.w. ;.. .... }...,... . . : r $* ,: #:•' .' l.•.� ,•r:: .rrS$•... n.. .t� r f:° ::.:..$7r.: ;:i� • r /�. , {. # y{� !!� .. .... Y. h R r..4 .......:.. ... • .. y..:... ...... $..... ..:.•r..:$............. :::.: 2::$y:•::.,..S.. {•..yy:::: :•:.. r............•:::.•.•: fb...,,. {:,r:$:•y. r:::s2•:. ...< :.: •: rw.c$•:,r........ $:: { {::t•:y: :• 2ir <5'•'#•..: • : Y.• •::4i$;yy: r f:: r� yam/ #';f; Adult Congrega Living Fa P P P P. P P P P P P - - - - • - • - ( Community Residential Home, P P P • P P • P P P P P - - - - - - - Ma . . Community Residential Home, P P P P P P P P P P.:;> - - - _ - - Minor D welling, Single Family P P P P P P P P P P - - S - - - - QWelling, Two ;Family P - - - - - - - P • P: ` - - - - - Dwelling, Multi - family - - - - - - Dwelling, Mobile Home P - - - Mixed Use Development (Mixed :.' - - - - • - - - - S S 5 S S . • - use development will be allowed by PUD special use districts a dherin g t the req uirements • pacified in Article IV) — April 22, 1997 8:16 a.m. Page 1 Exhibit "J" to Ordinance 97 -12 E:\ CAPDFILE \LNDDEVCD \1997LDC \RVTBL5 -1.WPD Table of Permitted Uses (Table 5 -1) "P" = Permitted Use In that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. This Use is not permitted in this Zoning District .Use A -1 I A -2' I RCE -1 I RCE -2 .'I R -1A I R -1 I R -1AAA I R -1AA ' I R -2 I R -3 I RT -1 I PS l C -1 I C -2 ] C -3 1 1 -1 1 1 -2 .j Mobile Home Development - - - - - P - - - - Nursing Home> - S S - - r - S - - - P P P - .... • ., .. r. -:..:,n:.. F .:: .:..w/ { R t:t... , ;. {..... rrr •: •. {,/•:.:•:::.: }.:,:. .; ., . .. r .:, o.....y .. r:: .. r..� .. Lr / /.r. .:!: {. :t: j: ' r :: / / / r {/..,. C-Y:.:!• r.: •, .,.f..: .� /,z• . / r .,:Y.• lib ' /.,..o:.:: <,.v.�:.•:.,:ir.!... / .• ./ : /: fi' •/• ir: }'�:;1: i' „!J•' /,i bf; •• %i %/ // :.J /J:f '�:#�ac{. n?rY3:r .: < „Yr,.?'. , 'E•'.. }•• :{ : Y:. J.cCS:•: } f ��. - ,d:. .:rr. {•.. /•:.: .:.,:!:•.:::: :.'•: . /• . � !f ry •/. f!:.:/ •. / ,!•yJ;, •. �r /:� / . ,f . Y/,' • ;: I !'K.'::. }:: :A�/ {! i; {, : :C. r.}.E•.:; ..�J•. •. :� :Y.#::• }: {! }.ri:•S .1.../ h f , /r<'•. ..J..H'•:i. 1� / rir/ 1 .,-. r 1 . 4,yi./;5, . / . J % yy •: w...:. :..�' J „�. �•%i.55'. ..n .. , }.Y•:.::g'.'•::cr.},:..: {.:.: r:: f / f ` :7 /• ./. i /'...}. y ... }/ r1 / /.,� / / J. • &t a .. } ... a: -, } •{ .S:•�. N .. /r:.`•.• ::•.i•> •. v r... ..r. / �: .. :��ir.. r. 1•.•:7.: •/ 11�::.'•7�/.. !• ^�J�......5� /. �{: :: .. :. ..:... :..:^ }: s .. ...-.: �. ,�.::: ; ,:�••;�..F�:.�:: <{•. �.<{.{: ft�... �u: ...... ,.•�r.':....s: {:.:... %......... ••.,;t4;s::;: }::•::. ...J..� •�%�J/1�ili J�;� : / %...r... %..... q!..: r.n�/ ...J.....//��'.- f�::.. %..f......r.. /i�' .J,. /J,.. Adult Entertainment - - • - - - - - - - - • - - S - E stab l ishmen ts Appliance Store - - - - - - - - - - - P P P - 11 Automotive Body Repair - - - - - - - - - P Automobile Parking Lot - - - - - - •- - 1 P P P P Automobile Repair - - - - - - • - - - - - s • P P P Aut S ale s ( a - - - - - - - - S P P - U se d ) Automobile Service Station - 4 - • - - - - - - - - - S p P P Automotive Wrecking or - - - - - - - - - - - - - - - • P s alvage Yards r. Bar (in association w ith a - - - - - - - - • - - - - P P P P restaurant with seats for 45 • • people) Boat Sales and Service - - BusTerminal - - - - - - - - - - - - P P - Car Wash - - - - - • - - - - - P P - April 22, 1997 8:16 a.m. Page 2 Exhibit "J” to Ordinance 97 -12 E:\ CAPDFILE \LNDDEVCD\1997LDC1RVTBL5 -1.WPD Table of Permitted Uses (Table 5 -1) "P'• = Permitted Use In that Zoning District Refer to Table 5 -2 for setbacks and other ••S" = Special Exception In that Zoning District (requires advertised public hearings) development requirements. 12.111 = This Use is not permitted In this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 • RT -1 PS C -1 C -2 C -3 1 -1 1 -2 Clinic, Dental or Medical - - - - - - P P P • P P P Commercial, Convenience - - - - - - P P P P P Commercial, Convenience with - - - - - - - S P P P Gas Sales Commercial, Retail - - - - - - - - • P P P S Department Store • - • - - - - - - - - - - P P P - Drive • In: Restaurant (Boundaries - - - = - - - -- - P P P ' - • • of.tract of land are no less th •••••• n 200 feet from any residence)' • Equipment Sales • - - - - - - - - • - - - S P P P P Funeral Parlor - - - - - - 7 - - - - P P P - Furniture Repair and Upholstery ! - - - - - - - - - - - - - P P P - Furniture Store - - - - - - - - - - - - • - P P P - Galle / Museum - - - - - ry: Gas Station - - - - - - - - - S P • P . - Grocery Store / Supermarke - - - • - - _ - - - P' P P - Heating and Air Conditioning - - - - - - - - P P !< - Sales and Service with outside storage • Heating, Ventilating, Plumbing - - 7 - - - - - - - R P P - Supplies, Sales, &` Service April 22, 1997 8:16 a.m. Page 3 Exhibit "J" to Ordinance 97 -12 E:\ CAPDFILE \LNDDEVCD \1997LDC\RVTBL5 -1.WPD Table of Permitted Uses (Table 5 -1) "P" = Permitted Use In that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception In that Zoning District (requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use . A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 I Ho spital - S S - - - - 7 - - - P P P _, Hotel or Motel < - - - - - - - s P P - Interior Decorating Store - - - - - - - p P P • - L ive Entertainment - - - - - - - - - - s - - E stabli sh ment - - ; Liquor Store, No on- premise - - - - - - - - P P P - consumption Miniature Golf Course/ Driving ; : - - - - - - - - - - P P P - • Range ' . Mobile Home and Travel Trailer :•.! - - - - - - _ _ _ P _ • P` Sales - Monument Sales - - - - - - - - p P - • Movie Theater - - - - - - - - - - - - P P P - ' MUsio, Radio, TV Shop - - - - - - - - - - - - - P P P - • Nursery/ Garden Supply Store.... - - - - - - - - - - P P P : - Pawn Shop - - - - - - - - - - - - P P P - I ;.Pre- Fabricated House Sales - - - - - - - - - - - P P - • Printing, Book Binding, - - - - - - - - - p P - Lithograph, and Publishing. Plants . ... • Professional Offices - - _ - - - - - - PP P P P P April 22, 1997 8:16 a.m. Page 4 Exhibit "J" to Ordinance 97 -12 E:\ CAPDFILE \LNDDEVCD \1997LDC \RVTBL5 -1.WPD Table of Permitted Uses (Table 5 -1) "P" = Permitted Use In that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. ' =' = This Use Is not permitted In this Zoning District Use I A -1 I A -2 I RCE -1 J RCE -2 I R -1A I R -1 I R -1AAA I R -1AA I_ R -2 I R -3 I RT -1 I PS I C -1 I C -2 I C -3 11 -1 11 -2 i Radio Broadcasting and N . - - - - - - - - - - P P - Stations, Studios, & Offices :! Recreational Vehicle Park - - - - - - - - S S • S • Restaurant - - - - - . - - - - - P P.` P P P Sign Painting Shop - - - - - - - - P P - Storage Warehouse - - - - - - - - - - - - P _ P - Veterinary Hospitals and - - - - - - - - - - - - P P - :Kennels when; confined within tructure . . . :.: r . .•. r.. ... .... .. r..: r... rr.. rr:...... v � ...... f •:..... ;irrf..: ! ': . . r.. ...: :r r.: r .v...... .. i r. ,........ r n .. .:.. ...... . ... . r . /r +.. /r }f : �! ::..h. .: �' i''•:f`' ' 'f :w.:::;:..: .. r£ r . ,: f••.+. F } t rr. r. . f . !.... /rfvf.. ;?. v:. :•. i. r .. r3' /r ?.:. ri i.. !F >'s• }:: %r:• r `.'f � :: "lf:. .. /f`7 ::.yy f •.Y � £i.+. f . ./ O {r .vf . ..f fr •:• f rr. : •l. /rY. ^� �' : �! �? : !r , : ?�f f,r: f�. f.' + L r .. ::.y.: • +.f:• :ii . >• Y,. f r k %ff f£•:L? • •f x.f£+ f'S ?... :.�r"i }::Y ? }. :f f n.f! f f i +:!$.; : ; .yr+ .. W, r$f . . r. ..•• : .. .. . : .., /•.r, :..: f:..:,,,. }x:..r.rf + +: ? ++.. .,: .C. . f;: f: }i Li. }`• } f. !.rfr wpm A:g .y . � £ t/';.. . ., } }., L.r f i r .. .. }� . r. f. .r /.:• ::: /•. :: f .r....:. A.. :f • ::�I'..H,: f. r: .::, .. , f... .f:. #': f: 9�.rf.. , .Fr.: • } ! Y :r 1. ... • } .....:.... ., ... fr S :. : rr: :•;:.f : r }.r L f /.• f...:. ...r.. : }i>', : ?• ...l.. h ri + ..G.:`/F.. :..:. /.. :. /.... »r :i /.•:kY:r... f.. r •o• • : � ,/ : + � r { / . r r !,C,.,. f ' { ', f .� .::: ?...: v: •ry..vrr. , » : / /.. �if /r »f: +::.: :, :.;;. : : >�•:::. �fL`�.:...:.•:. r /!�.' f /.ri �: /�•r�> ?....... �f. :.....5 ...........::....... !.r�i. ?•:� ...:} ..f.... r.f,.. ». u�. +� �: �� . ;�� ? L, ?,�. f . �f:'f�r�Lf�£.:.... .r. {. ... .r . . ... . f ...... Industr al Park - - - - - - - - - - :. P p Industry , ' - - - - - Industry, Heavy - - - - - - - - - - - - - - P Truck Stop - - - - - - - - - - - - - - P ::Warehousing/ Distribution . - - - - - - - - - - P <'_ P 1 .. : :rrr. ....... ...:ri .... fill :.... :.. : r .:. .: r.... F 111111111111111111111.11111161 f ......:: :. v::v....... r.:::.; •.: f! + +:f f- % :. .i : ,. f r:.... r. s. .. > ..: } .....11:11111: .. ..... .... .r...... r r , ?Willi f :' � ... F F >::.. :;• r ,. 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Ti!iY.�.�� /1f. ..f.......... :. r ................. .... �.��..... _ _ r. . rr.•.: r:.., r Child Care Facilities - - - - 7 - S - .S. ` - S S S S.- - Church P P P P S S S S S S: S S S S - - . Club or Community Use - - - - - - - - - S' - S S S S - : Conservation Use P P P P P P P P P P`. P P P P P P P April 22, 1997 8:16 a.m. Page 5 Exhibit "J" to Ordinance 97 -12 E:\ CAPDFILE \LNDDEVCD11997LDC \RVTBL5 -1.WPD • • Table of Permitted Uses (Table 5 -1) "P" = Permitted Use In that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 Golf.Course/ Country P P P P P P P P P P" - -- P P P P Public Service or Utility S S S S S S S S S S S S S S S S S Public Service, Essential P P P • P P P P P P •P P PP P P P P Recreation Fedi!ty, Commercial - - - • -- • - - - - P P PP Recreation Facility, P P P P S S S S S S S S S S S SS I I Neighborhood School P • P P P S S S •:: S• S S S SS S S - - - I - I - co i u icatio s Service acili ies Refer to A icle V Section 5 - 19 and Ma • 5 - 19 1 i April 22, 1997 8:16 a.m. Page 6 Exhibit "J" to Ordinance 97 -12 E: \CAPDFILE \LNDDEVCD \1997LDC\RVTBL5 -1.WPD ARTICLE V commercial services and have convenient access to thoroughfares and collector streets. This district is primarily intended for areas shown on the Future Land Use Map as "Medium Density Residential" or `High Density Residential`. (8) RT -1 Mobile Home Subdivision District. This district is composed of certain lands where it is desirable to attain a low to medium density residential area consisting of mobile homes on single lots under individual ownership. This district is primarily intended for areas shown on the Future Land Use Map as "Low Density Residential" or "Medium Density Residential ". (9) P -S Professional Offices and Services District. The provisions of this district are intended to apply to an area adjacent to major streets and convenient and complementary to major commercial uses. The types of uses permitted and other restrictions are intended to provide an amenable environment for the development of professional office and business services. This district is primarily Intended for areas shown on the Future Land Use Map as "High Density Residential" or "Professional Service ". (10) C -1 Neighborhood Shopping District. This commercial district is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood, closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, and open space are made than are provided in other commercial districts. This district is primarily intended for areas shown on the Future Land Use Map as "Commercial ". (11) C -2 Community Commercial District. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods. This district is primarily intended for areas shown on the Future Land Use Map as "Commercial ". (12) C -3 General Commercial District. This district is composed of certain land and structures used to provide for the retailing of commodities and the furnishing of several major services, selected trade shops and automotive repairs. Characteristically, this type of district occupies an area larger than that of other commercial districts, is intended to serve a considerably greater population and offers a wider range of services. This district is primarily intended for areas shown on the Future Land Use Map as "Commercial ". (13) I -1 Restricted Manufacturing and Warehousing District. This district is intended primarily for manufacturing and assembly plants and warehousing that are conducted so the noise, odor, dust and glare of each operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation facilities; however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the general industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped yards. This district is primarily intended for areas shown on the Future Land Use Map as "Light Industrial ". (14) 1 -2 General Industrial District. This district is primarily intended for wholesale, storage, warehousing, manufacturing, assembling and fabrication. These uses do Adopted July 21, 1992 18103 • • IV. GOALS, OBJECTIVES, AND POLICIES Goals, Objectives, and Policies are critical to the implementation of the Comprehensive Plan and each Element. They are important policy statements that have been carefully considered by the Local Planning Agency and the City Commission. They represent an official statement of public policy that will be used to manage the future development of the City. A goal is a statement of purpose intended to define an ultimate end or condition. It reflects a direction of action, and is a subjective value statement. An objective is a specific, measurable action that can be taken toward achieving the goal. Goals may include more that one objective. That is, there may be more than one milestone necessary to achieve a goal. A policy is a specific activity or program that is conducted to achieve a goal. Policies include statements of priority for action and /or mandates for actions that will be taken to achieve the goal or objective. GOAL TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEALTH, SAFETY, GENERAL WELFARE, AND AESTHETICS THROUGH THE PROVISION OF APPROPRIATE LAND USES BY ESTABLISHING AN APPROPRIATE PATTERN OF LAND USE AND DIRECTING DEVELOPMENT ACCORDINGLY. Objective 1 By 1992, the development of land shall be regulated to ensure that newly developed property and redeveloped property is compatible meaning, not in direct conflict with uses with regards to specific zoning categories, density and intensity) with adjacent uses and natural features and resources including topography, vegetation, and soil conditions. Policy 1.1 The City shall review, through the development review process, all plans for development and redevelopment to ensure their compatibility with adjacent uses. Policy 1.2 The City shall regulate land development, through the adoption of the land development regulations, to reduce, eliminate and /or prevent negative impacts related to noise, traffic, light, drainage, water quality, toxic and hazardous materials, litter, dust, visibility, and other factors. This shall be accomplished by establishing and 45 CPA- 97 -1 -2 enforcing specific environmental performance standards, consistent with state and /or federal standards and with the City's technical enforcement capabilities. Standards shall be based on the measurement of the undesirable characteristics at the property line of the land on which the generating use or activity is located and shall be based on performance levels deemed to prevent nuisance to surrounding properties. Policy 1.3 The City shall mitigate impacts by using regulations related to landscaping, setbacks, wall /fences, on -site parking, on -site traffic flow, lighting, signs, pedestrian access, vehicular access and other factors which will mitigate off -site impacts and enhance the health, safety, welfare and appearance of the built environment while providing an effective buffer between uses. Development regulations will be updated by 1992. Policy 1.4 The City shall allow mixed uses in the Special Overlay Areas which include the Interchange Impact Areas, the Downtown Redevelopment Area, and Activity Centers, and shall use strict design criteria to provide an attractive appearance and to offset negative impacts, sprawling development patterns, and the proliferation of strip commercial development. Policy 1.5 The City shall require that industrial parks develop with internal traffic circulation and buffering from adjacent roads and properties. Policy 1.6 The City shall control strip commercial development through access limitations by restricting commercial land uses to the intersections of arterial and non - residential collector roads, along designated arterial and collector roads and within Planned Unit Developments. This shall be accomplished through the land development regulations. Policy 1.7 The land development regulations shall promote innovative development in those cases where a public benefit can be realized and impacts can be offset by the development, as follows: Utilize Planned Unit Development Zoning to allow for mixed uses and unconventional development designs in those cases where the developer can demonstrate improved living environments, protection of natural resources or increased effectiveness of service delivery. 46 CPA- 95 -1 -1 o Provide development standards that create useable open spaces in new developments. Policy 1.8 The City shall review and update the City's Land Development Regulations by 1992. These regulations shall reflect the goals, objectives, and policies contained in this Comprehensive Plan and shall be consistent with the Future Land Use Map. Policy 1.9 The City shall not establish new industrial development strip zoning along major corridors and shall review existing zoning along major corridors in order to reduce the intensity of the industrial zoning. Heavy industrial uses which are generally not aesthetically desirable shall be strongly discouraged along arterial and collector streets or shall be required to provide berms and /or opaque screening or fencing so as to eliminate visibility of building or outside storage area from the street. Access to industrial areas shall be attractively landscaped and signed. Buffers shall be used as set forth in the City of Ocoee arbor and landscape ordinance, Ordinance No. 90 -14. Policy 1.10 The City shall continue to coordinate with Orange County on all annexation, rezoning, deannexation, developments of regional impact, and comprehensive plan text and map and land use amendments as agreed upon in Section 13 of the Joint Planning Area (JPA) Agreement (see Appendix E). Although the "Cooperative Agency of Municipal Planning" (CAMP) Agreement was not executed, due to a lack of consensus, the City shall continue to review of plans with the adjacent local governments of Apopka, Winter Garden, Windermere, and Orlando. Policy 1.11 The following density and intensity restrictions shall apply within the land use categories established on the Future Land Use Map. o Low Density Residential (less than 4 dwelling units per acre) o Medium Density Residential (4 to 8 dwelling units per acre) o High Density Residential (8 to 16 dwelling units per acre) o Planned Unit Developments - The overall net density of these developments shall be 8 dwelling units per acre or less. o Commercial - FAR 0.3 o Commercial /Professional Office - FAR 0.5 o Industrial /Light - FAR 0.3 o Industrial /Heavy - FAR 0.5 o Institutional - FAR 0.3 o Conservation - FAR 0.1 o Park and Recreation - FAR 0.1 47 CPA- 95 -1 -1 Policy 1.12 To adequately respond to the issue of non - conforming uses, the City will develop non - conforming use regulations, in the revised land development regulations. These regulations will stipulates that any non - conforming activity must be phased out by 2001, by prohibiting the expansion of physical facilities or their replacement, provided that facilities may be repaired if damage results in a reduction in value of less than fifty (50) percent of the value prior to the damage. Policy 1.13 To facilitate increased intergovernmental coordination, the evaluation of development impacts, the mitigation of extra jurisdictional impacts, and the resolution of inter - jurisdictional disputes, the City will continue to pursue interlocal agreements with Apopka, Winter Garden, and Windermere covering: proposed territorial boundaries, land use, transportation, and other areas of common concern. Additionally, the City of Ocoee has implemented the Joint Planning Area (JPA) Agreement with Orange County as of February 11, 1994. Policy 1.14 For so long as the JPA Agreement remains in effect, the City of Ocoee will not annex properties located within the Gotha and Clarcona Rural Settlements in accordance with the terms of Section 5 of the JPA Agreement (see Appendix E). Policy 1.15 Pursuant to Section 8 of the JPA Agreement, the Ocoee Future Land Use designations shown on the Revised Future Land Use Map (Figure 2) will not become effective until such time as annexation occurs. Upon annexation, no Future Land Use Map Amendment will be required since the proposed uses of land are consistent with those shown on the JPA Land Use Map (see Exhibit B of Appendix E). However, Ocoee will initiate a Comprehensive Plan Amendment to reflect the annexation at the next cycle. Policy 1.16 The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement and exercise Planning authority pursuant thereto. Policy 1.17 Future growth and development patterns in the City and, upon annexation thereof, the JPA lands will be guided by the JPA Agreement and JPA Land Use Map. Properties located outside of the JPA boundary are shown on the City's FLU Map for informational and contextual purposes only. 48 CPA- 95 -1 -1 Objective 2 To provide adequate services and facilities to newly developed or redeveloped property and to protect the ability of those services and facilities to function properly. These services and facilities shall be provided in an economically feasible manner, as outlined in the Infrastructure Element Subelements, and shall be provided in a manner to discourage urban sprawl. Policy 2.1 The City shall adopt level of service standards in the respective elements of this Plan that define adequate public services and facilities (for levels of service standards, please see Policy 1.1 in the Capital Improvements Element of this Comprehensive Plan). Policy 2.2 The City shall adopt and annually revise a Capital Improvements Program (CIP) to schedule the provision of future public services and facilities, including the acquisition of land that will be provided by the City. The Concurrency Management System shall be utilized to indicate possible infrastructure deficiencies and identify target areas for improvements. Policy 2.3 The City shall require development to have adequate services and facilities available prior to or concurrent with the impacts of the development, consistent with adopted standards. Services and facilities include: potable water, sanitary sewer, drainage, solid waste, roads, and parks. This policy shall be implemented through the Concurrency Management System as defined in the Capital Improvements Element.. Policy 2.4 By 1992, the City shall allow only land use patterns and development that can be efficiently provided with necessary public services. This shall be regulated through the Concurrency Management System as described in the Capital Improvements Element of this Comprehensive Plan. Policy 2.5 The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan and the JPA Agreement. For the purpose of this Policy, an annexation shall be 49 CPA- 95 -1 -1 considered as a logical extension if it is within the limits of the JPA and meets the technical criteria of Chapter 171, Florida Statutes. The boundaries of the JPA are illustrated on the Future Land Use Map and areas outside of the JPA are depicted for informational purposes only. Services will be considered as being properly provided if the existing or planned public facilities can support the land uses and densities proposed in the area to be annexed consistent with the level of service standards set forth in this plan. Policy 2.6 In order to utilize existing facilities efficiently, the City shall encourage infill within developed areas. Promoting development can be accomplished through the provision of economic and regulatory incentives. Such incentives may include floor area ratio credits, streamlining the permitting process for development proposals within these areas, zoning variances on building setbacks, side yard and parking requirements and allowing sufficiently higher densities to make investment profitable and affordable housing possible. Policy 2.7 The City shall promote infill development through the provision of economic and regulatory incentives, including, but not limited to the following: floor area ratio credits, streamlined permitting processes, and higher densities within infill designated areas. By 1992, the City shall make available technical assistance, through the provision of field and data surveys to determine what land is available for infill and what the development problems are. The resulting catalog of sites would permit local officials to determine what alternative development implications would mean to the public and determine procedures or which of the aforementioned incentives should be utilized to encourage the maximum private development. Policy 2.8 The City shall require new developments to provide necessary services and facilities or to pay a fair share of the cost of those services and facilities. These services and facilities shall conform to the adopted level of service standards. • 50 CPA- 97 -1 -2 Policy 2.9 The City shall encourage development when and where appropriate facilities and services to support it are available (based on the levels of services standards adopted concurrent with this Comprehensive Plan), thereby discouraging urban sprawl and ensuring that concurrency is met. The following policy statements demonstrate how compliance shall be implemented. * Developments orders shall not be approved if mandated services are degraded below accepted LOS standards. * The following public facilities and services shall be available for new development in all urban areas: schools; roadways; solid waste collection; sotrmwater management; fire and police protection; potable water; sanitary sewer or septic tanks if the soils are acceptable. * Through appropriate land development regulations and provision of effective urban services, the City shall promote infill development within the municipal boundaries. * The City shall assure that adequate facilities and services are available to support the new development as specified in the Concurrency Managmenet System. * The land development regulations shall be modified within one year to reflect the policy of controlling urban sprawl. Policy 2.10 By 1995, the City shall complete a study of all areas where blighted conditions (including drainage and infrastructure inadequacies) may occur. The results of this study will become support material for any Community Redevelopment grants the City may submit. Objective 3 The City shall adopt and implement plans and programs for the Special Overlay Areas as determined by the City Commission. Policy 3.1 The City shall require special development plans for Interchange Impact Areas, the Downtown Redevelopment Area and Activity Centers. Policy 3.2 The City shall implement the land development regulations that put in place the mechanism that will allow for mixed and multi land uses in the Special Overlay Area development plans. 51 CPA- 97 -1 -2 Policy 3.3 The City shall support redevelopment of the downtown area by providing preferential incentives; conducting special studies; and encouraging the centralization or commercial, governmental, retail, residential and cultural activities. Policy 3.4 The City shall provide public services and facilities to all neighborhoods in an effective manner. Objective 4 By 1992, the City shall develop land development regulations to protect and properly utilize natural resources in accordance with the Conservation Element, the State and Regional Policy Plan, and the following policies: Policy 4.1 The City shall protect areas of environmental concern and areas of scenic value, as identified in the Conservation Element, through development regulations and public programs, including, but not limited to environmental awareness programs at recreational facilities and in schools. Policy 4.2 The City shall use development regulations to protect air and water quality, flood -prone areas, natural wetland, natural habitats, and the Floridan and surficial aquifers. This shall be accomplished by such regulations as are described in Policy 4.3. In addition, the City shall cooperate with federal, state and regional environmental management agencies to identify and monitor unusual activities associated with non - residential uses and to refer observed violations to the appropriate enforcement authorities. Policy 4.3 Within one year of the effective date of this Comprehensive Plan, the City shall implement land development regulations to protect surface water quality including, but not limited to: restrictions in building setbacks, land use restrictions to ensure compatibility, development limitations in floodplains, and upland and wetland protection. Land development regulations shall include restrictions on development within the 100 -year flood elevation. Flood elevations shall not be F:\ALL DATA \CAPDFILE \COMPPLAN \CPA- 97- 1\FINL9712.WPD 52 adversely impacted and the water quality of the water body shall not be degraded. Land development regulations shall provide adequate protection for wetland areas and require central sewer for development within and adjacent to wetlands or 100 -year flood elevations. Policy 4.4 The City shall promote the use of upland and wetland corridors and buffer zones (greenbelts). Studies shall be conducted to incorporate standards for zones and their locations for inclusion in the Land Development Regulations. Policy 4.5 The City shall, in coordination with developers, evaluate soil potential on a site by site basis through on -site examination and testing. Specific characteristics and criteria under examination shall be identified in the Land Development Regulations. Policy 4.6 By 1992, the City shall require developers to delineate conservation land on a site by site basis as their development proposals are submitted. The criteria used for the delineation shall be addressed in the Land Development Regulations. Policy 4.7 By 1992, the City shall implement Land Development Regulations that require development proposals include the identification of and management plans for rare, endangered, and threatened flora and fauna species consistent with the criteria outlined in the Land Development Regulations and the Conservation Element of this Comprehensive Plan. Policy 4.8 By 1992, proposed activities which would destroy or degrade the functions of wetland or habitats shall not be permitted. If there is no practical alternative mitigation measures shall be undertaken on a three for one basis, consistent with the Land Development Regulations. Policy 4.9 The City shall continuously plan for and only approve development patterns that are consistent with natural drainage and water storage plans. A Stormwater Utility shall be completed by October 1991 to further implement this policy. 53 Policy 4.10 The City shall amend the existing and future land use maps upon completion of the City's Well Head Protection Program, which shall be adopted by December 1992. An interim protection zone of 200 feet is depicted. Objective 5 By 1992, the City shall inventory local historic sites and update the Land Development Regulations to protect historic resources. Policy 5.1 By 1992, the City shall preserve historic resources and promote quality architecture compatible with those historic resources when feasible. Objective 6 By 1992, the City shall update the Land Development Regulations to preserve existing and future neighborhoods, as follows: Policy 6.1 The City shall develop standards in the Land Development Regulations that require buffer zones to protect new and established residential areas adjacent to new and established non - residential, uses. Buffer zones shall be defined within the Land Development Regulations, based on the following guidelines: 1. "low" buffers between low -rise (two stories or less) office or multi- family uses and single family areas, consisting of a minimum of twelve (12) feet of buffer area supplemented by berms, walls, and /or fences, and landscaping; 2. "medium" buffers between retail commercial or high -rise (over two stories) office and any residential use, consisting of a minimum of twenty -five (25) feet of buffer area supplemented by berms, walls, and /or fences, and landscaping; 3. "high" buffers between any industrial use and any residential use, consisting of a minimum of fifty (50) feet of buffer area supplemented by berms, walls, and /or fences, and landscaping. 54 Policy 6.2 The City shall permit only low intensity office and low intensity commercial development adjacent to residential areas except where well buffered (through the provision of floor area ratio criteria set forth in the Land Development Regulations). Policy 6.3 The City shall permit non - residential uses in a residential neighborhood after analysis of the proposed use has indicated that such use will not adversely affect the neighborhood, will be compatible with the neighborhood, and will not be otherwise inconsistent with this Comprehensive Plan. Such uses may be implemented through the zoning code by a conditional use permit or zoning change. Non - residential uses may be permitted and shall include, but not be limited to, home occupations, child care centers, churches, schools, libraries, parks and recreational facilities, marinas, boat houses, boat docks, stables, agricultural accessory, guest cottages, and similar uses. Such uses shall be restricted to bulk regulations applicable to the land use category, and to a floor - area ratio (FAR) of 0.15. Policy 6.4 The City shall permit transitional zoning use in residential land use category areas. Transitional uses allowed by this policy shall be limited to professional office uses. The intensity of use shall be limited to a floor -area ratio (FAR) of 0.15, and such uses shall be restricted to use of existing residential structures, or to new structures closely resembling residential structures. Regulations shall ensure that parking, outside service and loading areas, and outside mechanical equipment is regulated to protect adjoining residential areas. Transitional zoning areas shall be restricted to those portions of a residential area abutting a major street or a non- residential area where maintenance of a traditional residential land use is difficult because of the undesirable location. This policy shall be implemented by zoning regulations in the land development code. 55 Policy 6.5 To allow for greater open spaces, density may be computed in a defined development project by allowing clustering in certain areas. These clusters may be of greater density than allowable within the land use designations as long as the total project does not exceed maximum density as designated on the Future Land Use Map. Clustering, pursuant to the foregoing concept, may be controlled by density caps, conditional zoning or a restrictive covenant running with the land with power of enforcement in favor of the City. Policy 6.6 Land designated for industrial use should be adjacent to railways and /or major highways. Adequate buffering should be provided from adjacent land uses, and transitional uses such as office or commercial uses should be provided between industrial and residential areas. Policy 6.7 The Land Development Regulations shall provide for adequate open space within new developments and redevelopment projects. The minimum required open space within any project shall be five (5) percent of the total site. Policy 6.8 Where commercial development is allowed at the intersection of major roads, no more than two (2) quadrants will be approved for gas stations or auto - related activities. 56 F:1ALL_ DATA \CAPDFILE\COMPPLAN \CPA- 95- 1\FLU95CPA.ADP V. STATE COMPREHENSIVE PLAN CONSISTENCY STATEMENT Chapter 9J -5, FAC, requires that the Comprehensive Plan be consistent with the STATE COMPREHENSIVE PLAN as adopted by the Florida Legislature in 1985. Chapter 163.3177 (10a) defines consistency to mean that the Plan is compatible with and furthers the appropriate regional policy plan and the STATE COMPREHENSIVE PLAN. "Compatible with" means that the local plan is not in conflict with the STATE COMPREHENSIVE PLAN or appropriate regional policy plan. The term "furthers" means to take action in the direction of realizing goals or policies of the state or regional plan. The City of Ocoee may choose which state goals and policies are applicable. This Element represents the actions which the City will take to be compatible with and further the goals and policies of the STATE COMPREHENSIVE PLAN (SCP) . VI. REGIONAL POLICY PLAN CONSISTENCY STATEMENT Chapter 9J -5, FAC, requires that the Comprehensive Plan be consistent with the COMPREHENSIVE REGIONAL POLICY PLAN as adopted by the East Central Florida Regional Planning Council in July 1987. Chapter 163.3177 (l0a) defines consistency to mean that the Plan is compatible with and furthers the appropriate regional policy plan and the STATE COMPREHENSIVE PLAN. "Compatible with" means that the Plan is not in conflict with the STATE COMPREHENSIVE PLAN or appropriate regional policy plan. The term "furthers" means to take action in the direction of realizing goals, objectives, and policies of the state or regional plan. This Element represents the actions which the City will take to be compatible with and further the goals and policies of the EAST CENTRAL FLORIDA REGIONAL POLICY PLAN. 57 F:\ALL DATA \CAPDFILE \COMPPLAN \CPA- 95- 1 \FLU95CPA.ADP BIBLIOGRAPHY Bureau of Economic and Business Research, the University of Florida, FLORIDA ESTIMATES OF POPULATION, '87, 1987 ibid, POPULATION STUDIES BULLETIN 89 -90, TECHNICAL PUBLICATION #83, May 1989. City of Ocoee, CAPITAL IMPROVEMENTS ELEMENT, 1990. , CONSERVATION ELEMENT, 1990. , INFRASTRUCTURE ELEMENT, 1990. , INTERGOVERNMENTAL COORDINATION ELEMENT, 1990. , HOUSING ELEMENT, 1990. , RECREATION AND OPEN SPACE ELEMENT, 1990. , TRAFFIC CIRCULATION ELEMENT, 1990. , POPULATION PROJECTIONS, 1 990 -2010, 1989. East Central Florida Regional Planning Council, COMPREHENSIVE REGIONAL POLICY PLAN, July 1987. , COUNCIL MEMBERS' HANDBOOK, January 1988. , LOCAL PLANNER'S GUIDE TO THE REGIONAL POLICY PLAN, September 1989. Orange County Environmental Protection Department, REPORT 1987, 1988. , REPORT 1989, 1990. • State of Florida, FLORIDA ADMINISTRATIVE CODE, CHAPTER 9J -5. , FLORIDA STATUTES, CHAPTER 163. , THE STATE LAND DEVELOPMENT PLAN, March 1989. United States Department of Agriculture, Soil Conservation Service, SOIL SURVEY OF ORANGE COUNTY, FLORIDA, August 1989. I i 58 F:1gLL_ DATA \CAPDFILE \COMPPLAN \CPA- 95- 1\FLU95CPA.ADP