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Home My WebLink About01-12-1999 Agenda Packet OF . A V Eil , . of .... CITY OF OCOEE PLANNING AND ZONING COMMISSION AGENDA ACTING AS LOCAL PLANNING AGENCY January 12, 1999 7:30 PM REVISED • I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Cali and Determination of Quorum II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, December 8, 1998 III. NEW BUSINESS A. Devon Cove Joint Planning Area Agreement Amendment Case No. JPA- 98-003 [Public Hearing] B. Amendment to Article V of the Ocoee Land Development Code Providing for Regulation of Borrow Pits [Public Hearing] C. Ordinance to Increase the Size of the Planning and Zoning Commission [Public Hearing] D. City Attorney Discussion of Memorandum regarding Construction of Educational Facilities IV. OLD BUSINESS V. OTHER BUSINESS • A. Election of Officers VI. COMMENTS VII. ADJOURN • NOTE Regular Planning and Zoning Commission meedngs 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 desires to appeal any decision at this meedng will need a record of the proceedings and for tits purpose may need to ensure that a verbatim record of the proceedings is made whkh includes testimony and evidence upon which the appeal is based Persons with disabilities needing assistance to parddpate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of die meedng. ITEM NUMBER 11. A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, December 8, 1998 DAFT Subject to Board Approval MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, DECEMBER 8, 1998 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:43 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond (arrived 7:46 p.m.), Members Christoefl, Hopkins and Landefeld and Alternate Members Golden and McKey. Also present were Planning Director Wagner, Assistant City Attorney Formella, Principal Planner Horne, Senior Planner Lewis and Deputy City Clerk Green. ABSENT: Members Miller and Rhodus. CONSENT AGENDA The consent agenda consisted of approval of items A and B: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, November 10, 1998. B. The Esplanade Apartments at Plantation Grove P.U.D., Phase I, Final Site Plan, Project No. 97 -003. Member Landefeld, seconded by Member Christoefl, moved to approve the consent agenda as presented. Motion carried 4-0. (Vice Chairman Bond had not yet arrived.) NEW BUSINESS ESTABLISHING PROCEDURES TO OBTAIN CONCEPTUAL APPROVALS WITHIN SPECIAL OVERLAY AREAS - LAND DEVELOPMENT CODE AMENDMENT - PUBLIC HEARING (AS LOCAL PLANNING AGENCY) Principal Planner Horne presented the staff report for the proposed Ordinance. She explained the proposed changes 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). Mrs. Horne said that the recently enacted State Road 50 Activity Center Special Development Plan encourages developers to propose innovative development concepts that may include mixed- or multi-use projects and requests for major waivers. Staff has determined that in certain instances it may be appropriate for a development proposal to be reviewed by the Planning and Zoning Commission and City Commission prior to final design. There would be no Staff level approvals of proposed uses and major waivers. The proposed Ordinance would permit a developer to seek permission to proceed with a specific development program prior to the expenditure of significant time, DRAFT Subject to Board Planning and Zoning Commission Regular Meeting Approval December 8, 1998 money, and resources. In an advertised public hearing, Planning and Zoning Commission and City Commission could decide on a site specific basis whether or not to allow a proposed use or grant a major waiver. She explained that, by utilizing this approach, both Staff and the developer will be given clear direction at the initiation of a project in order to know how to proceed with the more detailed review process. She concluded with Staff's recommendation for approval of the draft Ordinance. Chairman Switzer announced that the Board would be acting as the Local Planning Agency for this item. The public hearing was opened. Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked for an example of the intent of the proposed ordinance and asked how it had worked in other areas. Planning Director Wagner gave a detailed example, explaining that this was a procedural matter which would speed up the review process. Mr. Wagner said very few entities had Overlay Districts that encouraged mixed uses such as this one. He said it was not the first of its kind in Florida, but he knew of no specific local examples. The public hearing was closed. Vice Chairman Bond and Member Christoefl enthusiastically supported the proposed Ordinance. As had been recommended by staff, Vice Chairman Bond, seconded by Member Landefeld, moved to recommend approval of the proposed ordinance establishing a procedure for obtaining conceptual approvals of proposed uses and major waivers for development within Special Overlay Areas. Motion carried 5 -0. DEVON COVE JOINT PLANNING AREA AGREEMENT, CASE No. JPA -98 -003 - PUBLIC HEARING (AS LOCAL PLANNING AGENCY) Principal Planner Horne said that the subject property was located just off of Prairie Lake Boulevard. She said Staff was requesting that the subject application be continued until January 12, 1999 to allow time for the Orange County Commission to take action on the application. Chairman Switzer opened the public hearing and moved to continue it to January 12, 1999. Motion carried 5 -0. Assistant City Attorney Formella pointed out that, as the published notice indicated, there would be no further notice of the public hearing to be held on January 12, 1999. 2 DRAFT Subject to Board Planning and Zoning Conunission Regular Meeting Approval December 8, 1998 (Colony Plaza item moved from later on Agenda for consideration here.) COLONY PLAZA REZONING, CASE No. R - 98 - - - PUBLIC HEARING Principal Planner Horne stated for the record that the applicant wished to withdraw this application and to resubmit in some other fashion. Mr. Joe Welsh, 11100 West Colonial Drive, Colony Plaza Hotel, said he wanted to applaud the Board for its action on conceptual approvals, and wished it had been in place six months ago. He said he was disappointed with Staff's recommendation for denial of their application, but had come to agree with Staff after reading the staff report. Mr. Welsh said they would be pursuing the rezoning later and asked for input from the board about their intention to use the site for a public mini- storage warehouse. Chairman Switzer said he was opposed, that he did not think it was a good place for a mini - storage facility. Assistant City Attorney Formella said that discussion should occur in a public hearing. Mr. Welsh said that he understood, that he appreciated their comments, that they were withdrawing their application, and thanked members for their time. SONNTAG ANNEXATION AND INITIAL ZONING, CASE No. AR- 98 -10 -09 - PUBLIC HEARING (Withdrawn by the Applicant in letter dated November 20, 1998) Principal Planner Horne stated that the Sonntag applications had been withdrawn by the applicant, and Assistant City Attorney Formella confirmed that no further action was required on this case. FRANK VINE/BEAZER HOMES ANNEXATION, CASE No. AR - 98 - - - PUBLIC HEARING Principal Planner Horne presented the staff report for the proposed annexation of the five acre vacant parcel located approximately 3,000 feet northeast of the intersection of Maguire Road and Gotha -Park Ridge Road. She pointed out the parcel, area roads and adjacent parcels on the map. Mrs. Horne said many people had expressed to her their concerns about the dangers of the intersection and she said she understood that it was scheduled to be corrected and improved by Orange County. She said the proposed use would be for a single family subdivision, and that the parcel was designated Low Density Residential (< 4 d.u.a) on the City's Future Land Use Map and Joint Planning Area Map. She said the requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. Mrs. Horne concluded with Staff's recommendation for approval. 3 DRAFT Subject to Board Planning and Zoning Commission Regular Meeting Approval December 8, 1998 The public hearing was opened. Edward McMullen, 10427 Down Lakeview Circle, a nearby property owner, asked if the City would approve an entrance to the proposed subdivision along Gotha -Park Ridge Road. He said he would be opposed to any access onto Gotha -Park Ridge Road. Mr. Wagner explained that access points would be definitively determined in the preliminary subdivision plan review. Chairman Switzer pointed out that two access points were required for subdivisions, even if one were only a crash gate. The public hearing was closed. As had been recommended by staff, Member Landefeld, seconded by Vice Chairman Bond, moved to recommend approval of the Annexation Petition submitted by Frank Vine /Beazer Homes in Case Number AR- 98- 10 -10. Motion carried 5 -0. FRANK VINEBEAZER HOMES REZONING, CASE No. AR 98 - 1O - 1O - PUBLIC HEARING Principal Planner Horne presented the staff report for the application to rezone the subject property as noted in the above Annexation from A -1, Citrus Rural District (Orange County) to R -1AA, Single Family Dwelling District (Ocoee). She pointed out the parcel on the Future Land Use Map and the Zoning Map and the characteristics of the surrounding development. Mrs. Horne concluded with Staff's recommendation for approval of the requested rezoning to R -1AA. The public hearing was opened. Mr. Jeff Smith, 10577 Down Lakeview Circle, a nearby property owner, speaking for himself and many of his neighbors, said he was concerned that the proposed rezoning to R -1AA, Single Family Dwelling District, would: (1) degrade the neighborhoods south and east of the subject property; (2) unnecessarily increase the density on the subject property (1/2 acre minimum lot sizes were suggested); (3) create an unattractive view along Gotha - Park Ridge Road; (4) exacerbate traffic congestion on Gotha - Park Ridge Road and at its intersection with Maguire Road; and (5) not be adequately served by the City of Ocoee. Mr. Edward McMullen, 10427 Down Lakeview Circle, said he had moved here for the "rural" area and felt the quality of life was being threatened in southwest Orange County. He said he felt infrastructure was not in place to support the development. Mr. Bob Boucher, 1601 Down Lake Drive, asked the Commission to be sensitive to the needs of the neighbors concerning traffic, noise, schools, and water (groundwater), and recommended looking carefully at the zoning. 4 DRAFT to Plaing and Zoning Commission Regular Meeting Subject ro Board nn December 8, 1998 Approval Mr. Ken Richie, 10429 Birch Tree Lane, said he was opposed to the proposed density, that he wanted at least half acre lots, was especially concerned about traffic, and was opposed to ingress - egress on Gotha - Park Ridge Road. Mr. Jeff Tramonte, 1903 Down Hollow Lane, opposed ingress- egress off Gotha - Park Ridge Road. He said he was not opposed to a residential rating in the area, but asked that lot sizes in the area around his neighborhood would be more consistent with what they have. Mr. Randy June, the applicant, of 720 E. Church Street, said he had been trying to address concerns of the neighbors. He thinks he can eliminate access on Gotha Road. He said their density would be about two units per acre and he feels they are providing some transition. He pointed out features of their site along Gotha Road included a 15 acre wetland tract along the frontage of Gotha Road and the small lake next to Mr. Weidenbeck's house. He said there would be only ten lots fronting on Gotha Road and they would be back yards. He said they planned to provide a nice buffer and landscaping which would be worked out in the preliminary subdivision plan process. As to infrastructure, he pointed out that the City was providing funding for four - lanes on Maguire Road and he thinks the services will be there. He said they will have an upscale subdivision, a real nice project. Chairman Switzer asked if Mr. June would consider going to R -1AAA. Mr. June said he thought it was a fair transition with ten lots on Gotha Road that won't have access to Gotha Road. Vice Chairman Bond said she would like to see more of transition area with one acre lots (such as those in Sawmill). Mr. Wagner explained that having one acre lots in subdivisions with smaller lots has not worked, and that the market dictates what will sell. Mr. June said their project will have characteristics of R -1AAA. The public hearing was closed. In lengthy discussion members expressed concern about lot sizes and density and considered alternative zonings. Staff addressed all of the concerns raised by the members and surrounding property owners but maintained that R -1AA zoning was an acceptable compromise between the lost sizes approved by Ocoee in the nearby Cross Creek, Wesmere, and Westridge subdivisions versus the lot sizes approved by Orange County in the adjacent Belmere, Windermere Chase, Windermere Downs, and Lakes subdivisions. Chairman Switzer, seconded by Member Landefeld, moved to find the application in Case No.AR- 98- 1O -10, Frank Vine /Beazer Homes Rezoning to be consistent with: (1) the Ocoee 5 DRAFT Subject to Board Planning and Zoning Commission Regular Meeting Approval December 8, 1998 Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code: and (4) the requirements of the JPA Agreement, and to recommend approval of the requested rezoning to R -1AA had been recommended by staff. Motion failed 3 -2, with Vice Chairman Bond and Members Christoetl and Hopkins voting "No." Vice Chairman Bond, seconded by Member Christoefl, moved to find the application in Case No. AR- 98- 10 -10, Frank Vine /Beazer Homes Rezoning to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Us Map; (3) the Ocoee Land Development Code: and (4) the requirements of the JPA Agreement, and to recommend approval of rezoning to R -1AAA. Motion carried 5 -0. (Browning et al item shown later on Agenda was discussed here.) BROWNING/LAWRENCE/PARKER/BEAZER HOMES REZONING, CASE No. R- 98 -10 -11 - PUBLIC HEARING Principal Planner Horne presented the staff report for the application to rezone from A -1, General Agriculture District, (Ocoee) to R -1AA, Single Family Dwelling District (Ocoee) a 96.32 acre vacant parcel located approximately 2,700 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. Mrs. Horne said, for the record, that she wished to include the recommendations in her prior staff report. The presentation included close ups of surrounding lot sizes, the Orange County Zoning Map, the Future Land Use Map for Orange County, the determination by Staff that the zoning is consistent, some surrounding photographs, and a recommendation from staff. Mrs. Horne also stated that all of the detailed analysis included in the staff report is to be a part of record. She concluded with Staff's recommendation for approval. Chairman Switzer had stepped away from the table momentarily, and in his absence Vice Chairman Bond opened the public hearing. The public hearing was opened. Mr. Wagner said the comments in the public hearing for the Frank Vine /Beazer Homes Rezoning could be incorporated for this application. And the surrounding property owners who had commented in the earlier hearing agreed that the record should reflect their comments for this hearing as well. (See pages 4 and 5 above.) Mr. Steve Weidenbeck, owner of a two acre parcel on Gotha -Park Ridge Road, said he was neutral, neither for nor against. He said in the meeting with the homeowners which he had attended with Mr. June, he understood that the homeowners main concern seemed to be the density in the triangle parcel. He said they seemed to have agreed with Mr. June's master plan for the remainder of the property. 6 DRAFT Planning and Zoning Commission Regular Meeting Subject to Board December 8, 1998 Approval The public hearing was closed. Vice Chairman Bond, seconded by Member Christoefl, moved to fmd the application in Case No. AR- 98- 10 -11, Browning /Lawrence /Beazer Homes Rezoning to be consistent with: (1) the • coee ompre ensive ' an: t e uture any I se • ap: an• e • coee an. 1 eve opment Code and to recommend approval for rezoning to R - 1AA t. Motion carried 5 -0. Recess: 9:47 p.m. - 9:55 p.m. DYE /CHRISTIANSEN /ORANGE COUNTY PUBLIC SCHOOLS ANNEXATION, CASE No. AR- 98 -10 -12 - PUBLIC HEARING Principal Planner Horne presented the staff report for the application to annex a 26 acre parcel located 3,500 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The current use is a tree farm, but if the annexation and rezoning are approved, the Orange County School Board will utilize a portion of the site for an elementary school and the City will use a portion of the site for a new Ocoee activity -based park. She concluded with Staff's recommendation for approval. The public hearing was opened. As no one wished to speak, the public hearing was closed. As had been recommended by Staff, Member Landefeld, seconded by Chairman Switzer, moved to recommend approval of the Annexation Petition submitted by Dye /Christiansen/Orange County Public Schools in Case No. AR- 98- 10 -12. Motion carried 5 -0. DYE /CHRISTIANSEN /ORANGE COUNTY PUBLIC SCHOOLS REZONING, CASE No. AR- 98 -10 -12 - PUBLIC HEARING Principal Planner Horne presented the staff report for the proposed rezoning of the subject property in the previous case from A -1, Citrus Rural District (Orange County) to R -1AA, Single Family Dwelling District (Ocoee). She concluded with Staff's recommendation for approval. The public hearing was opened. Mr. Jeff Smith asked why residential zoning was needed if the parcel will be developed with a school or park. He suggested that the strip along Park Ridge -Gotha Road remain agricultural. Mr. Smith asked if changing the zoning to residential would not increase the value of the property and drive up the price, unless the School District has already reached an agreement on the price for the parcel. Mr. Wagner explained that the School Board has an option on the property and they are proceeding to their board meeting with what is hoped to be a contract for the City and the School Board to proportionately share the cost of the acquisition with the intent of providing an 7 DRAFT Subject to Board Planning and Zoning Commission Regular Meeting Approval December 8, 1998 elementary school and a ten acre public park. He explained that the reasons for the zoning were: (1) the possibility of moving the school and park within the site, (2) to protect land value, and (3) to provide zoning consistent with the area and land use. The public hearing was closed. Member Hopkins, seconded by Chairman Switzer moved to find the application in Case No. AR- 98- 10 -12, Dye /Christiansen- Orange County Public Schools Rezoning to be consistent with: (1) the Ocoee Comprehensive Plan (2) the 1 -uture Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement and to recommend approval of rezoning to R -1AAA. Motion carried 5 -0. COMMENTS Planning Director Wagner announced there will be no meeting on December 23, but that it is very likely there will be two Planning and Zoning Commission meetings in January. It is possible that the library and the school site at Clarke and Silver Star will be considered in one of them. Vice Chairman Bond wished everyone a Merry Christmas and a Happy New Year. Chairman Switzer wished everyone Happy Holidays. ADJOURNMENT The meeting was adjourned at 10:07 p.m. Marian Green, Deputy City Clerk Harold Switzer, Chairman 8 ITEM NUMBER III. A. Devon Cove Joint Planning Area Agreement Amendment Case No. JPA -98 -003 • "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS o )00 CITY OF OCOEE DANNY HOWELL 150 N. LAKESHORE DRIVE SCOTT ANDERSON SCOTT A. GLASS OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER (407) 656 -2322 CITY MANAGER a d :" ELLIS SHAPIRO OF GOOD STAFF REPORT DATE: January 8, 1999 TO: Planning & Zoning Commission FROM: Russ Wagner, AICP, Director of Planning / SUBJ: Devon Cove Joint Planning Area Agreement Amendment Case No. JPA -98 -002 ISSUE: Should the Planning and Zoning Commission recommend an amendment to the Joint Planning Area Agreement? BACKGROUND / DISCUSSION: The petitioner has requested that the JPA boundary be changed to add a 4.5 acre parcel located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The initial land use classification is requested to be Low Density Residential (less than 4 dwelling units per acre). The developer has requested this change to permit access to Prairie Lake Boulevard and to secure City water. This petition covers the amendment to the JPA Agreement only, including corresponding language changes to the text of the document. Separate annexation, rezoning and subdivision reviews will still need to be accomplished to permit development of the property. STAFF RECOMMENDATION: The Development Review Committee met on January 6, 1999 and unanimously recommended approval of this amendment. Additionally, the Orange County Board of County Commissioners met on January 5, 1999 and unanimously recommended approval. Based upon these actions, Staff respectively recommends that the Planning and Zoning Commission recommend approval of the JPA Amendment as attached. RBW /csa Attachment P: \CALEXANDER\ALL DATA \CAPDFILE\Staff Reports\P&Z SR\SR99001.doc Lee Marshall Devon Cove JPA Amendment Case Number: JPA -98 -002 li is NINO i 3 1 l , _7 F " RUM Lt. 4 A Y:s _ • r .!xl� i i t e d S 1 r I .r i • nh ii 1 F i 1 I f "�fl __ `4i lailliKiiiiild 11 1 al III 1 11110.44110554: lL ,Y �ua- hill ! g � 14`p !. +R: i >„•! Y 4j�IF !Li° � .� ?elf ^ ails! 1 .Y -0 J 1� I ew' , . K � u „ : ■ ■ il• E.! L imi 1 may i � adisin rr�. i Oillioomi, :gam x �I� ' lid �,�k�:.M �.. � 1 X111 o .. I `�A�= i "1': .. 1 i 1 l � l \\ t ! !;' " a �:..:::::�.! :. :1.�<; /y In;iza�lis�l > ?i,:l: ie .; +;1:!ii:dsl!Rni� �'. it Proper L „a: P �p ty e :! 10. L R� : 4, :j p @� Y JW ?h: �g �1 ?i�W .� "r ,..}?:s Y. !nr. , t, :: ::e :k.:•n. RW ' 411 4 0 1 0 401 0: 44 I!. . .IW'El:i:jei ^i:'i' , '' ' e jL : > t!y' `-'y�]f7 . 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"` "'i . :- x Request to change the land use from: outside of Ocoee JPA to: Low Density Residential (<a 4 dua) location: west of Prairie Lake Boulevard and north of railroad side: approximately 4.5 acres ,Legend: EN Lake N \ = Approximate Location of Property N Ocoee Utility Service Area 44 '4'°°' s = Property also owned by Devon Cove Proposed Western Beltway '` `''_ _'' proposed access to Prairie Lake Blvd. ''�,' Ocoee Orange County JPA Boundary Ocoee City Limits Scale = 1:1000 fl = Fire Station Location Property Lines • . . " WA . 46 Sy . .. . k • % .. . , . rIV"ST- ,,E044/7*. ' 94.*ff5 ' ....• i_j 1. f i-r '''.., ....., • - . . • - . . ' - ' - .'" .1,1*Eit4"1410. '. Nt'',1V;;f1T",:-.W.;',1,4 t :r • • : ] 4. 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' Iiiir i . • ' - gio .. i it.: e .• , . . .. •,:. 5; • ; Ilig - I ... -, .. lii E 171 . • . . 1 x-g 1.6 1 1 • ' ••:- kr.2,: 8 6611.g i • . . . . . , . • .. , : ..: •• .. • I . ga. gig - 4 .. gll 1 : - . . . . .. . . . • ,R� �T PLANNING DEPARTMENT r ' DAVID C. HEATH, AICP, Manager 201 South Rosalind Avenue, 2nd Floor • Reply To: Post Office Box 1393.Orlando, Florida 32802 -1393 - (407) 836-5600 • Fax (407) 836 -5862 ,OUNTY http: //www .citizens- first.co.orange.fl.us I'ERNAlENT o e ` D November 10, 1998 TO: Dick Spears, Chairman Local Planning Agency 6,yv FROM: Chris Testerman, Assistant Manager Planning Department SUBJECT: Second Amendment to the Joint . Area (JPA) Agreement Between Orange County and the Cit of Ocoee The City of Ocoee has submitted to Orange County a request to amend the . above referenced agreement. This amendment permits the addition of a five acre tract into the JPA with a designation of Low Density Residential (4 DU /Acre), on the Joint Planning • Area Land Use Map (see Exhibit B). This map sets forth the land uses the City can utilize for annexed property. In addition, all annexations must be within the JPA boundary. This property (see Exhibit 1) was previously processed as a small scale amendment ( #97- 1- S -2 -3), which provided for 2 DU /Acre on wells and septic tank and rezoning ( #Z97 -071) to R -1AAA. However, the property owner now wishes to develop on central water and sewer at up to 4 DU /Acre. This requires annexation, since the subject site is located within Ocoee's utility territorial area. The property is contiguous to the City on three sides and has access to the south through an existing subdivision in Ocoee. A minor textual amendment is also included with the Second Amendment because the subject property is currently within the Clarcona Rural Settlement (see Exhibit C) and protected from annexation. This change clarifies how amendments to the JPA, which impact the Clarcona and Gotha Rural Settlement, are processed. It is important to note that any amendment to the JPA requires approval, from both the City and County, at a public hearing. The Board of County Commissioners is scheduled to hold a public hearing on this item on December 1, 1998. Attached is the Second Amendment to the JPA. If there are any questions on this matter, call me directly at 836 -5883. ACTION REQUESTED: Approval of the proposed Second Amendment to the Joint Planning Area Agreement between Orange County and the City of Ocoee. Districts: 1 and 2. CRT /lab Attachments Exhibit B (Revised August 4, 1998) _ . .2 111111r6r lilt= 9111::1, III A M il ir IMI - '' „ ) AgaZT_ ENE .; rdgm ittIMI 4 41 1 ,0..: :: witti -.; - , .:1 - = - 1 . 7 0-32 .!•rm.; . 1.* '4E49... ail i . :. . _.., .1..:-■era ji --. ° 0 ,- --_,....,,-.0, ,_. ..:.,„... ..: . ..17,,,...0.,.. , s -. ..._ --,, . -...474._..-........„.....,,,..„, 3 , os.. - BMW a% ,- 1- _Assa n i G1-1, Su Property F." , , k-..-,., :- . - . ; :.,.....„ , , , , ;: .1.:..:: : :..,-- f ,„,,„ ... ,,,, .,. . bject ProPertY 4 inal:Zaig. !E fenrE.-1 "-. , M.'" 4- 1.11-..- ...!: - - - ,- . - 1 - . if ....-.-:-.::..- • ' of — w - -- - ic iirei, \ 31 : "4116158 16" ,_ - ■ '.:::‘,::: ::::-: ..--_,.' .,a;;. ,. ;1`,",;','-.:1: migni Banvz: 7...:- z•- - - •••• : z---■',":1, : .` - .. - 1., a 371 4,76-t?.■,!'..t :;=•,'''''''- • 31„.„---- NI cf-..:.:===.7.- _ ,. :. - riz.. ,- . -, 7.:::: - • - : - :i - L- . -1.,;._-.-`,-.....,---...- - ki3O.:;::::::„„‘.:..,.„........ 1 I i‘yliMiggill.Alk e i r : ---1 -- I. 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' -, : : - ? .....2 - . : . 7... iN - iiLs:ii:g . :;' , : - ;-2 - ' \ '.....:4: - r4 . 41:.,... ---:,..--, Ntir Joint Planning Area Land Use Map L. ....,:i , sm iLc- :: = 1 ,44 . :::! , ?A-':i : 0 Low Density (<4DU/AC) 111 Institutional is .1..4' '-:, -..: 7 . _. .. . -,,,,,...,_•_••• ...-,-! . 28 0 medium Density (4-8 DU/AC) E Conservation/Wetlands . , . 111 High Density (9-16 DU/AC) Ej Water Body II , q Ocoee Municipality III Commercial ''''' Boundaries Kill Planning Area IS Professional Servioss •■•■■ Joint nt illr Agreeme Boundary Line 7 t , _ - IP prepared By: orange Cowity Planning end CommuniSP Services Division, IS Sonion • SECOND AMENDMENT TO JOINT PLANNING AREA AGREEMENT - BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THE SECOND AMENDMENT TO JOINT PLANNING AREA AGREEMENT (hereinafter this "Amendment ") is made and entered into as of the day of 1998, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County ") and the CITY OF OCOEE, a Florida municipal corporation (hereinafter the "City "). RECITALS WHEREAS, the County and the City have entered into a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998 (hereinafter the "Joint Planning Area Agreement "); and WHEREAS, the County and the City desire to amend the Joint Planning Area Agreement in order to address procedures for revising the boundaries of the Clarcona Rural Settlement and Gotha Rural Settlement in order to, on a parcel by parcel basis, add lands within said settlements to the Joint Planning Area within which the City may annex and zone lands; and WHEREAS, the owners of certain land owned and located within the Clarcona Rural Settlement (the "Affected Parcel ") have petitioned the City and County (the "Petitioner ") to have such land added to the Joint Planning Area so that the Affected Parcel may be annexed into the City of Ocoee; and 006.107879.2 WHEREAS, both the County and the City exercise comprehensive planning authority - pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, and enforce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party; and WHEREAS, the County and the City have the authority to enter into this Amendment pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163.3171, Florida Statutes, in particular; and WHEREAS, the local planning agencies of both the County and City have considered this Amendment and recommended its adoption to the Orange County Commission and the Ocoee City Commission, respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Commission and the Ocoee City Commission; and WHEREAS, pursuant to the Joint Planning Area Agreement, as amended hereby, the City and County have held advertised public hearings on the Petitioner's request to amend this Agreement in order to allow for the Affected Parcel to be annexed into the City of Ocoee. NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the County and the City hereby agree as follows: -2- 006.107879.2 • Section 1. Recitals. The above Recitals are true and correct and are incorporated - herein by reference. Section 2. Authority. This Amendment is entered into pursuant to (1) Chapters 125, 163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements, and (3) the Charters of the County and City. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Text Amendment: Definition of Clarcona Rural Settlement. Section 3.J of the Joint Planning Area Agreement is hereby amended to read as follows: J. "Clarcona Rural Settlement" means, for the purposes of this Agreement, those lands depicted in Exhibit "C" attached hereto and by this reference made a part hereof, all of which as of the Effective Date lie outside of both the JPA and the corporate limits of the City [and such additions and deletions thereto as may be a s , roved b the Coun and the Ci in accordance with the procedures set forth in this Agreement and, in the event it becomes a preservation district, in accordance with Section 505 of the Orange County Charter.] Section 5. Text Amendment: Definition of Gotha Rural Settlement. Section 3.V of the Joint Planning Area Agreement is hereby amended to read as follows: V. "Gotha Rural Settlement" means for the purposes of this Agreement, those lands depicted in Exhibit "D" attached hereto and by this reference made a part hereof, all of which as of the Effective Date lie outside both the JPA and the corporate limits of the City rand such additions and deletions thereto as may be a . . roved b the Coun and the Ci in accordance with the procedures set forth in this Agreement and in accordance with Section 505 of the Orange County Charter.l -3- 006.107879.2 • • Section 6. Text Amendment: Preservation of Clarcona and Gotha Rural Settlement. Section 5.D of the Joint Planning Area Agreement is hereby amended to read as follows: D. Nothing contained herein shall be construed to limit the right of any owner of real property within the Clarcona Rural Settlement and /or the Gotha Rural Settlement (1) to petition the Orange County Commission and the Ocoee City Commission for an amendment to {the JPA }this Agreement so as to allow annexation of such owners real property into the corporate limits of the City in accordance with applicable statutes and ordinances, which amendment may be granted or denied by the Orange County Commission and the Ocoee City Commission, in their sole and absolute discretion, provided that any such actions must be taken only at an advertised public hearing {, and thcn, upon amendment of the JPA pursuant to the procedures sct forth herein t ; c l u de ° cl, p pert of both the County and the City at which an amendment to this Agreement may be adopted, or (2) to petition the City for annexation of such owner's real property into the corporate limits of the City in accordance with this Agreement and applicable statutes and ordinances. In the event the County and the City both approve any such petitions, then the amendment to this Agreement will (i) add the lands of the petitioner to the Joint Planning Area and remove such lands from the Clarcona Rural Settlement or the Gotha Rural Settlement, as the case may be, and (ii) add the lands of the petitioner to the JPA Land Use Map and establish a future land use for such land which will be a I I licable onl to the Ci and then onl u son annexation of said land into the corporate limits of the City. Section 7. Text Amendment: Annexation Outside of JPA. Section 7.0 of the Joint Planning Area Agreement is hereby deleted. Section 8. Man Amendments for Affected Parcel. The Legal Description of the Joint Planning Area and the Joint Planning Area Land Use Map as set forth in Exhibits "A" and "B" of the Joint Planning Area Agreement, respectively, are hereby amended by adding • -4- 006.107879.2 thereto the real property described in Exhibit "1" attached hereto and by this reference made a - part hereof (the "Affected Parcel ") so that said lands will hereafter be included within the Joint Planning Area. The land use designation of the Affected Parcel on the Joint Planning Area Land Use Map shall be Low Density Residential. The legal description of the Clarcona Rural Settlement as set forth in Exhibit "C" to the Joint Planning Area Agreement is hereby amended by the deletion of the Affected Parcel so that the Affected Parcel will no longer be included within the Clarcona Rural Settlement. Section 9. Except as expressly set forth herein, the Joint Planning Area Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: County Chairman DATE: ATTEST: Martha O. Haynie, County Comptroller As Clerk of Board of County Commissioners Deputy Clerk -5- 006.107879.2 STATE OF FLORIDA • COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1998. Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): WITNESSED: CITY OF OCOEE, a Florida municipal corporation Printed Name: By: S. Scott Vandergrift, Mayor Printed Name: Attest: Jean Grafton, City Clerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD OCOEE, FLORIDA; APPROVED ON , 1998 UNDER AS TO FORM AND LEGALITY AGENDA ITEM NO. this day of , 1998 FOLEY & LARDNER By: City Attorney -6- 006.107879.2 (r • STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1998. Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- 006.107879.2 • Exhibit C Clarcona Rural Settl 'ent (Revised October 22, 1998) •••• Rural Settlement BE• I�r,, 1 _ b�l�E- =® =`"I=mo ,,4 iitiiu1 iI:,1gG ,_ - -pnuuuf ®_ y.. ,gli � ,IIIIIIII\ ? 81131 IIIII title ^1111^_ 1 ==_ML ■;ms ■ 6. _ Ilil il ll�li. x.11111.. i s .. . .. .._ t ...._ uu■ E' m11 ifi lip sane Rd J •• •rrr■ umi iii ril. x iratimi mill ■■ ■ 1 Imam aim im am 111 11z Ea. - II,i fil 1, i 1111..■ �1 �� . �� „ t. . 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As r--1 -I _ - J *a ed ; Ora • e my Planning d _I ` � unity S = ' • _ • • v IS Sectio - � A -1 ' 4 100 pl. 4 W E W -.gill S ila t '.1.1111 d iii i i .4 ■ *ar v it& .- 3 *11 . ■ mi . Rime L .. asat'Air # Su 'ect '''''''(- Pr p erty R- AA Al A . . AM , A -1 i ME ( i Eli - J AD MIMS RD Legal Description 10-22-28-00(0-00128 E1/2 of W1/4 of SE1 /4 of NW1 /4 • Tying N of SCL RR or B&P 4791/ 3016, on 09- 02 -94; Inst WD 10- 22- 28-0000-00074 W1/8 of SE14 of NW1 /4 Tying N of SCL RR or B&P 4402/3102, On 04-16 -92 !net QC A- 1 r ITEM NUMBER III. B. Amendment to Article V of the Ocoee Land Development Code Providing for Regulation of Borrow Pits P "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR Y J. MI • COMSSIONER S. SCOT V ,,,,, ::::Oee £ � � � � CO DANNY HOWELL �,� CITY OF OCOEE SCOTT A Q 150 N. LAKESHORE DRIVE v �Wi D OCOEE, FLORIDA 34761 -2258 PARKER c v (407) 656-2322 A. GLASS SCOTT A � "'"l• V r CITY MANAGER f 4 �f GOOD �` ELLIS SHAPIRO STAFF REPORT DATE: January 8, 1999 TO: Planning & Zoning Commission FROM: Russ Wagner, AICP, Director of Planning SUBJ: Amendment to Article V of the Ocoee Land Development Code Providing for Regulation of Borrow Pits ISSUE: Should the Planning and Zoning Commission recommend adoption of an ordinance amending the Land Development Code to permit Borrow Pits only within the 1 -2 General Industrial District as a Special Exception? BACKGROUND: Due to the construction of the Western Beltway, the City has received a number of inquiries related to the use of property within the City for "borrow pits ". The use of land for this purpose entails the excavation and transport of soil for use as fill material at off -site construction sites. The excavation of these pits involves the use of heavy machinery and large trucks to transport the excavated material. Once operations are completed, the "pit" generally becomes a deep water body as groundwater seeps back into the depression. DISCUSSION: Due to the noise, dust and vibration cause by the excavation of a borrow pit, these operations are generally permitted in either rural areas or industrial areas. Since the City's Comprehensive Plan predominately specifies urban residential development to occur on the remaining developable lands within the Ocoee Joint Planning Area, there are no rural areas available for such operations. Accordingly, the only reasonable areas suitable for such a high intensity operation are the limited industrial areas within the western portion of the City. Rather than attempt to specify detailed specifications for such operations, an application for a Special Exception would permit the City to review such uses on a case -by -case basis and prescribe detailed conditions to be followed, as appropriate. Page 2 The Planning and Zoning Commission January 8, 1999 STAFF RECOMMENDATION: Based upon the foregoing analysis and the intent to reduce the potential negative impacts Borrow Pits may have on the natural environment and adjoining properties, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the attached ordinance permitting Borrow Pits only within the Ocoee 1 -2 General Industrial District as a Special Exception. RBW /csa Attachment P:\ CALEXANDER \ALL_DATA \CAPDFILE\Staff Reports\P&Z SR\SR99002.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO THE ZONING DISTRICT IN WHICH BORROW PITS ARE PERMITTED AS A SPECIAL EXCEPTION; AMENDING PROVISIONS OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY REVISING SECTION 5- 3(B)(14) OF ARTICLE V RELATING TO THE DESCRIPTION OF I -2 GENERAL INDUSTRIAL DISTRICT ZONING WITH RESPECT TO BORROW PITS; AMENDING TABLE 5 -1 ENTITLED "USE REGULATIONS" TO PERMIT BORROW PITS AS A SPECIAL EXCEPTION ONLY IN THE I -2 DISTRICT AND TO PROHIBIT BORROW PITS IN ALL OTHER DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to preserve the natural environment of the City; and WHEREAS, borrow pits, together with related activities, are a special land use which requires specialized regulation; and WHEREAS, the City Commission desires to restrict borrow pits to I -2 General Industrial District zoning and only under a special exception in order to reduce the negative impacts borrow pits may have on the natural environment and adjoining properties. 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. Amendment to I -2 General Industrial District. Section 5- 3(B)(14) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: • I -2 General Industrial District. This District is primarily intended for wholesale, storage, warehousing, manufacturing, assembling, automotive body repair, automotive wrecking or salvage yards, borrow pits, and fabrication. These uses do not depend primarily on frequent personal visits of customers or clients, but usually require good accessibility to major rail, air or street transportation -1- facilities. This district is primarily intended for areas shown on the Future Land Use Map as "Heavy Industrial." SECTION 3. Amendment to Use Regulations Table. Table 5 -1 entitled "Use Regulations" of Article V of Chapter 180 of the Code of Ordinances of the city of Ocoee, Florida, is hereby amended to read as set forth on Exhibit "A" attached hereto and incorporated herein by this reference, which amended Table 5 -1 permits borrow pits as a special exception in the I -2 General Industrial District and prohibits borrow pits in all other zoning districts. SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) -2- ADVERTISED ,1999 READ FIRST TIME ,1999 READ SECOND TIME AND ADOPTED , 1999 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY This day of ,1999. FOLEY & LARDNER By: City Attorney \ \Gis docl\planning\AHORNE\ALL DATA \ORDINANC\BotmwPus•doc -3- 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 P � i*! � � . ,... .... a ..._n, _ .__. .�..�� e.� .__. Agriculture P P P P P P P P P P P - - - - - - Agricultural Processing - - - - - - - - - - - - - - - - - yy Adult Congregate Living Facility P P P P P P P P P P - - - - - - - (ACLF) Community Residential Home, P P P P P P P P P P - - - - - - Major Community Residential Home, P P P P P P P P P P - - - - - - Minor Dwelling, Single Family P P P P P P P P P P - - S - - - - Dwelling, Two Family P - - - - - - - P P - - - - - - - Dwelling, Multi- family - - - - - - - - - P - - - - - - - Dwelling, Mobile Home P - - - - - - - - P - - - - - - MixebUse Development (Mixed - - - - - - - - - - - S S S S S - use development will be allowed by PUD and special use districts adhering to the requirements 01/08/99 10 :58:44 AM Page 1 Exhibit to Ordinance 99-** \ \ch129 -1 \c \windows \temp \proposedrvtbl5- 1a.doc Table of Permitted Uses (Table 5 -1) " p = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other us,. = 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 -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 specified in Article IV) _ Mobile Home Development - - - - - - - - - p - - - - - - Nursing Horne - S S - - - - l a - S - - - P P P - Adult Entertainment - - - - - - - - - - - - S - - Establishments Appliance Store - - - - - - - - - - - - - P P P - Automotive Body Repair - - - - - - - - - - - - - p Automobile Parking Lot - - - - - - - - - - - P P P P Automobile Repair - - - - - - - - - - - - S p p p Automobile Sales (New and - - - - - - - - - - - - - S p p - Used) Automobile Service Station - - - - - - - - - - - - - S p p p Automotive Wrecking or Salvage - - - - - - - - - - - - - - p Yards Bar (in association with a - - - - - - - - - - - - p p p p restaurant with seats for 45 people) • 01/08/99 10:58:44 AM Page 2 Exhibit to Ordinance 99-** \ \ch129 -1 \c \windows \temp \proposednrtbl5- 1a.doc 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 Boat Sales and Service - - - - - - - - - - - - - - P P - Bus Terminal - - - - - - - - - - - - - - P P - Car Wash - - - - - - - - - - - - - - P P - 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 than 200 feet from any residence) Equipment Sales - - - - - - - - - - - - S P P P P Funeral Parlor - - - - - - - - - - - - - P P P - Furniture Repair and Upholstery - - - - - - - - - - - - - P P P - Furniture Store - - - - - - - - - - - - - P P P - Gallery/ Museum - - - - - - - - - - - - - P P • P - 01/08/99 10:58:44 AM Page 3 Exhibit to Ordinance 99 - ** \ \ch129 -1 \c\ windows \temp\proposedrvtb15- 1a.doc 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 Gas Station - - - - - - - - - - - - - S p p - Grocery Store/ Supermarket - - - - - - - - - - - - - p p p - Heating and Air Conditioning - - - - - - - - - - - - - - P p - Sales and Service with outside storage Heating, Ventilating, Plumbing - - - - - - - - - - - - - P P P - Supplies, Sales, & Service Hospital - S S - - - - - - - - - - P P P - Hotel or Motel - - - - - - - - - - - - - S P P - Interior Decorating Store - - - - - - - - - - - - - P P P - Live Entertainment - - - - - - - - - - - - - - S - - Establishment 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 01/08/99 10:58:44 AM Page 4 Exhibit to Ordinance 99 -** \ \ch129 -1 \c\ windows \temp\proposedrvtb15- 1a.doc Table of Permitted Uses (Table 5 -1) " Pty = 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 Monument Sales - - - - - - - - - - - - - - P P - Movie Theater - - - - - - - - - - - - - P P P - Music, Radio, TV Shop - - - - - - - - - - - - - P P P - Nursery/ Garden Supply Store - - - - - - - - - - - - - P P P - Pawn Shop - - - - - - - - - - - - - P P P - Pre - Fabricated House Sales - - - - - - - - - - - - - - P • P - Printing, Book Binding, - - - - - - - - - - - - - - P P - Lithograph, and Publishing Plants Professional Offices - - - - - - - - - - - P P P P P P Radio Broadcasting and TV - - - - - - - - - - - - - - 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 - 01/08/99 10:58:44 AM Page 5 Exhibit to Ordinance 99'" \ \ch129 -1 \c\ windows \temp\proposedrvtb15- 1a.doc 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 Kennels when confined within ■■- -■_-■■.■�■■■ structure Borrow Pits - - - - - - - - - - - - - - - - S Industrial Park - - - - - - - - - - - - - - - P P P P Industrial, Light - - - - - - - - - - - - - - Industry, Heavy - - - - - - - - - - - - - - - - P Truck Stop - - - - - - - - - - - - - - - - P Warehousing/ Distribution - - - - - - - - - - - - - - - P P Child Care Facilities - - - - - - - - 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 Golf Course/ Country Club 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 • 01/08/99 10:58:44 AM Page 6 Exhibit to Ordinance 99-** \ \ch129-1 \c\ windows \temp\proposedrvtb15- 1a.doc 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 Public Service, Essential P P P P P P P P P P P PP P P P P Recreation Facility, Commercial - - - - - - — - - - - - - P P P P Recreation Facility, P P P P S S S S S S S SS S S S S Neighborhood School P P P P S S S S S S S S S S S - - Telecommunications Service Facilities (Refer to Article V, Section 5 -19 and Map 5 -19) 01/08/99 10:58:44 AM Page 7 Exhibit to Ordinance 99-** \\ch129 -1 \c\ windows \temp\proposednrtb15- 1a.doc The Orlando Sentinel, Thursday, December 31, 1998 CITY OF OCOEE TO REGULATE BORROW PITS NOTICE IS HEREBY GIVEN that the City of Ocoee Planning and Zoning Commission, acting as the Local Plan- ning Agency, will consider a proposed Ordinance amending the Ocoee Land Development Code and make a recom- mendation as to the.consistency of the proposed Ordinance with the Ocoee Comprehensive Plan. The proposed Or- dinance would amend Section 5-3 of the Ocoee Land Development Code to regulate borrow pits. ' The Ocoee Local Planning Agency (Planning and Zoning Commission) will hold a public hearing on the proposed amendment on Tuesday; January 12, 1999 at 7:30 p.m., or as soon thereafter as practical, at the Ocoee City Commis- sion Chambers, City Hall' 150 North Lakeshore Drive, Ocoee, Florida. The complete case file may be Inspected at the Ocoee Planning Department, 150 North Lakeshore Drive, between the hours of 8:00 am. and 5:00 p.m., Mon- day through Friday, except legal holi- days. The Ocoee Planning and Zoning Com- mission or Ocoee City Commission may continue the public hearings to other dates and times as they deem necessary. Any interested party shall be advised that the dates, times, and plac- es of any continuation of these or con- tinued public hearings shall be an- . nounced during the heanng and that no further notices regarding these matters will be published. Interested parties may appear at the public hearings and be heard with re- spect to the application. Any person who desires to appeal any decision made during the public hearing may need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceed- ings is made which includes the testi- mony and evidence upon which the ap- peal is based Persons with disabilities needing assistance to participate In any of the proceedings should contact the City Clerk's office 48 hours in advance of the meeting at (407) 656-2322. Jean Grafton, City Clerk December 31, 1998 OLS2489971 DEC. 31, 1998 ITEM NUMBER III. C. Ordinance to Increase the Size of the Planning and Zoning Commission "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS C OF OCOEE DANNY HOWELL �' •• 0 SCOTT ANDERSON { • 150 N. LAKESHORE DRIVE SCOTT A. GLASS Z.; +• k4W a...iii O OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER e,�1 • v (407) 656 -2322 .y CITY MANAGER 4. ELLIS SHAPIRO vp Gov STAFF REPORT DATE: January 8, 1999 TO: Planning & Zoning Commission FROM: Russ Wagner, AICP, Director of Planning SUBJ: Ordinance to Increase the Size of the Planning and Zoning Commission ISSUE: Should the Planning and Zoning Commission recommend approval of the subject ordinance? BACKGROUND / DISCUSSION: At the request of the City Commission, the City Attorney drafted an amendment to the Ocoee Land Development Code which would increase the size of the regular membership of the Planning and Zoning Commission by two (2) members while retaining two (2) alternate positions (Junior and Senior). The amendment also encourages selection of Planning and Zoning members from different geographical areas within the community to promote diversity. STAFF RECOMMENDATION: The Planning and Zoning Commission may, after consideration of these changes, wish to support the amendments outlined in the draft ordinance or offer altematives for consideration by the City Commission. RBW /csa Attachment P: \CALEXANDER\ALL DATA \CAPDFILE\Staff Reports\P8Z SR\SR99003.doc ORDINANCE NO. 99- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION; AMENDING SECTION 3 -2.A AND SECTION 3- 2.C(3) OF ARTICLE III OF CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO INCREASE THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION FROM 7 TO 9 MEMBERS, TO ESTABLISH THE CIRCUMSTANCES UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND VOTE AS A MEMBER, AND TO INCREASE THE QUORUM REQUIREMENT TO 5 MEMBERS OR ALTERNATE MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee recognizes the increasing need for geographical diversity among the members of the Planning and Zoning Commission as the City continues its rapid growth; and WHEREAS, the City Commission desires to provide more opportunities for the residents of Ocoee to participate in the planning process and the decisions affecting the growth of the City; and WHEREAS, the City Commission desires to increase the size of the Planning and Zoning Commission in order to create more geographical diversity among the members of the Planning and Zoning Commission and to increase participation by the City's residents in the planning process and the decisions affecting the growth of the City; and WHEREAS, the City Commission desires to establish a consistent procedure for the participation of the alternate members of the Planning and Zoning Commission; and WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, - the Ocoee Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on January 12, 1999 to review the relationship between this Ordinance and the Ocoee Comprehensive Plan and following such hearing found this Ordinance to be consistent with the Ocoee Comprehensive Plan, and in the best interests of the City of Ocoee and recommended that the City Commission adopt this Ordinance; and WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c), Florida Statutes, the Ocoee City Commission held public hearings on this Ordinance on January 19, 1999 and on February 2, 1999, after public notice and received public input with respect thereto; and WHEREAS, the City Commission of the City of Ocoee finds and determines that this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that adoption thereof is in the best interest of the City of Ocoee. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to Section 3 -2.A. Section 3 -2.A of Article III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows: -2- A. Establishment and Membership • The Planning and Zoning Commission shall consist of sevcn (7) nine (9) members and two (2) alternate members consisting of a senior alternate and a junior alternate, all appointed by the City Commission. Alternate members shall be entitled to participate in all meetings, but shall not be e t' _ e• o vs - sr •th-i.1_ - • t • mem.-r e - • -x.re . • i• - • herein. T one j - m. - r • se ' lannin • . d nin . •1_01" 'o • • :. it fr• a e- in. h-n t e S- '•r Al - -vt.te • •__ _ t __ • •.em • �_• • e- in. unl- th- - '•r - ' • ab : nt '-1 i' _ e e •r Alternate shall act as a member. If two or more members of the Planning ,_ • Z. • Cs. sisn • e •• ;nt ..m . so-- • -1 e - .��• Alt- , .. e _ • •r - - • •.• • • - _•it. r -t • An alternate member actin. as a member at a meetin• shall be entitled to • - . - •__•• L' - • et . w. . i e . - : ' • t __!i When a -c • • 1 -1 • • a - tut- Is -m. -r • h- ' „Li' • .i l • I • • 1411 s t it ..11 AIL i '_ . - �. • e - • -r • •m dill- en •e. •' - __ within th- Ci . __ • e geographical diversity and representation. No member or alternate member shall be an employee of the City of Ocoee and all members and alternate members shall be residents of the City of Ocoee. SECTION 3. Amendment of Section 3- 2.C(3). Section 3- 2.C(3) of Article III of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended as follows: (3) Four (4) Five (5) members or alternate members of the Planning and Zoning Commission shall constitute a quorum, and no action may be taken if less than -(4) five (5) members and alternate members are present and voting. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. -3- PASSED AND ADOPTED this day of ,1999. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,1999 AND ADVERTISED ,1999 READ FIRST TIME ,1999 READ SECOND TIME AND ADOPTED ,1999 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,1999. FOLEY & LARDNER By: City Attorney PAAHORMAIl. DATA doc -4- The Orlando Sentinel, Thursday, December 31;998 CITY OF OCOEE . TO INCREASE THE MEMBERSHIP OF PLANNING AND ZONING COMMISSION FROM 7 TO 9 MEMBERS, TO ESTABLISH THE CIRCUMSTANCES UNDER WHICH ALTERNATE MEMBERS MAY PARTICIPATE AND VOTE AS A . MEMBER, AND TO INCREASE THE QUORUM REQUIREMENT TO ' 5 MEMBERS NOTICE IS HEREBY GIVEN that the City of Ocoee Planning and Zoning Commission, acting as the Local Plan- ning Agency, will consider a proposed Ordinance amending the Ocoee Land Development Code and make a recom- mendation as to the consistency of the pproposed Ordinance with the Ocoee Comprehensive Plan. The proposed Or- dinance would amend the Ocoee Land Development Code to increase the membership of Planning And Zoning Commission from 7 to 9 members, to establish the circumstances under which alternate members may partici- pate and vote as a member, and to In- crease the quorum requirement to 5 members The Ocoee Local Planning Agency (Planning and Zoning Commission) will hold a public hearing on the proposed amendment on Tuesday, January 12, 1999 at 7:30 p.m., or as soon thereafter as practical, at the Ocoee City Commis- sion Chambers, .City Hall. 150 North Lakeshore Drive, Ocoee, Florida. The complete case file may be inspected at the Ocoee Planning Department, 150 North Lakeshore Drive. between the hours of 8:00 a.m. and 6:00 p.m.. Mon - d�through Friday, except legal holt- The Ocoee Planning and Zoning Com- mission or Ocoee 'City Commission may continue the public' hearings to other dates and times as they deem n Arty er ested party shaft be a dvised that the int dates, times, and plac- es of any continuation of these or car ' tinued public hearings shall be an- nounced during the hearing and that no further notices regarding these matters will be published. Interested parties may appear at the public heanngs and be heard with re- spect to the application. Any person who desires to appeal any decision made during the public hearing may need a record of the proceeding and • for this purpose may need to ensure that a verbatim record of the proceed- ings is made which includes the testi- mony and evidence upon which the ap- peal is based. Persons with disabditiea needing assistance to participate In any , of the proceedings should contact the City Clerk's nnogfffice 48 hours in advance t h e G meeting 407) X2322. 4 CITY OF OCOEE Y " - December 31, 1998 OLS2489993 Dec 31. 1998 • ITEM NUMBER III. D. City Attorney Discussion of Memorandum regarding Construction of Educational Facilities de- & .;- t FO LEY & LARD NER d • - A T T O R N E Y S A T L A W POST OFFICE BOX 2 193 SACRAMENTO CHICAGO DECKER ORLANDO. FLORIDA 32802-2193 SAN DIEGO IT JACKSONVILLE 1 1 1 NORTH ORANGE AVENUE. SUE 1800 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 32801-2386 TALLAHASSEE MADISON TELEPHONE: (407) 423-7656 TAMPA MILWAUKEE FACSIMILE: (407) 648 -1743 WASHINGTON. D.C. WEST PALM BEACH ORLANDO WRITER'S DIRECT UNE 244 -3248 CUENT/MATTER NUMBER EMAIL ADDRESS 02U377 -0107 prosenthal@foleylaw.com MEMORANDUM TO: Ellis Shapiro, City Manager Don Flippen, Building Official ✓ Russ Wagner, Planning Director Jim Shira, P.E., City Engineer Janet Shira, Community Relations FROM: Paul E. Rosenthal, Esq., City Attorney DATE: November 19, 1998 - RE: Local Government Regulatory Authority regarding the Siting and Construction of Educational Facilities • The siting and construction of educational facilities are governed by the provisions of Chapter 235, Florida Statutes (the "Educational Facilities Act "). As a general statement, the Act sets forth statewide uniform standards to be followed by School Boards in connection with the siting and construction of educational facilities and limits the regulatory authority of the local government in which the educational facility is being located. While increased coordination is required based upon the Act, this has not materially increased the authority of a • local government to regulate the siting and construction undertaken by a School Board. The Orange County School Board has previously forwarded to the City a proposed Model School Siting Ordinance. Many of the provisions contained in the proposed Ordinance are mandated by the Act and must be met with or without the local ordinance. It should be noted that the Act provides discretion for a School Board and local government to enter into an agreement which provides for alternative procedures for reviewing a proposed educational facility and site plan and offsite impacts. • /06.197127.1 ESTABLISHED 1842 • FOLEY & LARDNER November 19, 1998 Page 2 The Act does impose certain obligations upon a School Board with respect to its relationships with the local government in which they propose to locate an educational facility. A summary of these obligations are set forth below: (1) The School Board is responsible for ensuring that new construction, renovation and remodeling conforms to the State Uniform Building Code for Public Educational Facilities Construction (the "State Uniform Building Code "). The State Uniform Building Code supercedes all local building codes. The building plans would not be subject to local government review and approval. Further, the local government does not have authority to inspect educational facilities for compliance, though it appears that a School Board could voluntarily agree to have a local government enforce the State Uniform Building Code if its inspectors are certified to do so. 0235.017 and 235.26,(3), F.S.). • (2) The Board must "coordinate" with the local government's comprehensive plan "to assure the compatibility of the comprehensive plan with the Board's site planning." This provision does not require "compliance" with the local comprehensive plan. ( §235.19(1), F.S.). (3) The Board is required "to provide adequate notice" to the local government "for requested traffic control and safety devices so they can be installed and operating prior to the first day of classes". Alternatively, the Board must satisfy itself that "every reasonable effort has been made in sufficient time to secure the installation and operation of such necessary devices prior to the first day of classes". This is a notice provision and does not mandate that a School Board make improvements. ( §235.19(4), F.S.). (4) A Board may (but is not required to) request that the local government "construct and maintain sidewalks and bicycle trails within a two (2) mile radius of each educational facility within the jurisdiction of the local government ". The Board is also required to notify the local government within twenty-four hours after discovering or becoming aware of an existing hazard on or near a public sidewalk, street or highway within a two (2) mile radius of the school site which hazard endangers life or threatens the health or safety of students. If a local government receives such a notice, it is mandated to, within five (5) days, investigate the hazardous condition and "either correct it or provide such precautions as are practical to safeguard students until the hazard can be permanently corrected". The local government may determine that it is "impractical to correct the hazard" or may disagree with the conclusion of the School Board. If such a determination is made, the Board must be notified in writing of the reasons why the local government is not correcting the condition. Under such circumstances, the Act provides for the local government to 006.117127.1 • FOLEY & LARDNER November 19, 1998 Page 3 indemnify the Board with respect to any liability related to the hazardous condition. The School Board is not required to take any corrective action. ( §235.19(5), F.S.). (5) The Act requires that the School Board and the local government coordinate planning "to ensure that plans for construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services". This planning is intended to include the "integration of the educational planned survey" with the "local comprehensive plan and land development regulations" of the local government. While planning standards are established, this provision only requires "coordination of planning" and not compliance with local regulations. ( §235.193(1), F.S.) (6) The School Board and the local government are mandated to "share and coordinate information relating to existing and planned public school facilities... and infrastructure required to support the public school facilities, concurrent with proposed development". This relates to requirements in a School Boards annual educational facilities report. ( §235.193(2), F.S.). (7) The most significant provision of the Act from the standpoint of local government regulatory authority is found in §235.193(3), F.S., which provides as follows: "The location of public education facilities shall be consistent with the comprehensive plan of the appropriate local governing body... and the plan's implementing land development regulations, to the extent that the regulations are not in conflict with or the subject regulated is not specifically addressed by this chapter or the State Uniform Building Code, unless mutually agreed by the local government and the board. " The foregoing provision deal solely with the issue of "consistency" with the comprehensive plan and is focused on location rather than site specific development issues. (8) The Act provides a specific procedure for determining consistency and limits the local government regulatory authority once such determination is made. The School Board is required to provide a written notice to the local government at least sixty (60) days prior to acquiring land that may be used for a new public educational facility. Within forty-five (45) days of receipt of such notice, the local government is required to notify the Board if the site proposed for acquisition "is consistent with the land use categories and policies" of the 006.117127.1 FOLEY & LARDNER November 19, 1998 Page 4 comprehensive plan. It does not appear that a site plan is required with this submittal. ( §235.93(4), F.S.). (9) Prior to commencing construction of a new public educational facility and as early in the design phase as feasible, the School Board is required to request that the local government make a determination as to whether the proposed educational facility is "consistent with the local comprehensive plan and local land development regulations, to the extent that the regulations are not in conflict with or the subject regulated is not specifically addressed by this Chapter or the State Uniform Building Code, unless mutually agreed." This • determination is different from the procedures set forth above and, while not expressly stated, it appears that the School Board would need to submit a site plan with the request. The content and review of the site plan would be governed by the Act, not the local land development regulations, under the Act. The local government must provide a written response within ninety (90) days of receipt of this request or the request shall be considered approved. Again, the local review and determination is limited to the issue of consistency. If the proposed public educational facility meets the consistency requirement, then "further local government approvals are not required" except as expressly provided in Section 235.193, F.S. ( §235.193(5), F.S.) (10) The local government may not deny the site applicant based on the adequacy of the site plan as it relates to the needs of the school. However, if the site is consistent with the comprehensive plan, the local government "may impose reasonable development standards and conditions in accordance with Section 235.34(1) and consider the site plan and its adequacy as it relates to environmental concerns, health, safety and welfare and effects on adjacent property". None of the standards and conditions imposed may conflict with the State Uniform Building Code or Chapter 235, unless mutually agreed. This is the broadest grant of local government authority in Chapter 235. (11) Sections 235.26 and 235.34, Florida Statutes, limit the development standards and conditions which may be imposed by a local government. Section 235.25(1)(a), Florida Statutes, requires that the educational facility be consistent with the State Uniform Building Code and otherwise exempts the facility from all municipal "building codes, interpretations, building permits and assessments of fees for building permits, ordinances, road closures, and impact fees or service availability fees". Subject to these exemptions, pursuant to §235.34, F.S., the School Board and the local government are both authorized, but not required, to spend funds for the placement and maintenance of roads and sidewalks and for sanitary sewer, water, stormwater and utility improvements and for the installation, operation and maintenance of traffic control and safety devices; provided, however, that such improvements must be contiguous to or 06.117127.1 FOLEY & LARDNER November 19, 1998 Page 5 run through the property on which the educational facility is to be located. The School Board is expressly exempted from paying for or installing "any improvements that exceed those required to meet the onsite and off -site needs" of the new facility or expanded site. Local government development exactions may not exceed "the proportionate share of the cost of system improvements necessitated by the educational facility" and may not address "existing facility or service backlogs or deficits ". It would appear that any valid requirements must be imposed within the 90-day review period authorized by the Act. If a School Board voluntarily agrees to construct improvements beyond its proportionate share, then the local government is required to assure that the School Board is reimbursed for such additional cost "to the extent that other development occurs which demands use of such infrastructure". Any municipal Ordinance inconsistent with the foregoing is void. Any local government requirement for road improvements and other off -site improvements would need to be reviewed for compliance with these standards. ( §235.34, F.S.). (12) The local government has less regulatory authority with respect to existing schools. The Act conclusively provides that existing schools are consistent with local comprehensive plans. Further, local government review or approval is not required in connection with temporary or portable classroom facilities or proposed renovation or construction on existing school sites unless such construction involves a stadium or results in a greater than five (5 %) percent increase in student capacity. When local government review is permitted, the local government may impose "reasonable development standards and conditions on the expansion only" and in a manner consistent with the limitations discussed above as set forth in Section 235.34, F.S. )06.117127.1