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HomeMy WebLinkAbout01-14-2014 Agenda PacketI ko � 04 �/ OCOC'P florida JANUARY 14, 2014 I. CALL TO ORDER Mayor S. Scott Vandergrift City Manager Robert Frank PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum ILCONSENT AGENDA AGENDA Commissioners John Grogan, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 A. Minutes of the Planning and Zoning Commission Meeting held December 10, 2013 III. OLD BUSINESS IV. NEW BUSINESS 7:00 PM A. Ocoee Pines PUD (FKA Whispering Pines) Public Hearing Principal Planner Fabre 1. Substantial Amendment to PUD/Land Use Plan (Continuance Requested) B. Ocoee Elementary School Public Hearing Principal Planner Fabre 1. Annexation 2. Rezoning C. Spring Lake Reserve Public Hearing Principal Planner Fabre 1. Rezoning to Planned Unit Development (PUD) 2. PUD Land Use Plan D. Casa Mirella at Belmere PD Public Hearing City Planner Rumer 1. Joint Planning Area Agreement Amendment 2. Small Scale Comprehensive Plan Amendment V. MISCELLANEOUS A. Project Status Report B. January Calendar VI. ADJOURNMENT NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905-3105, 48 hours in advance of the meeting. City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 905-3167 • www.ocoee.org ITEM NUMBER II. A. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON DECEMBER 10, 2013 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, DECEMBER 10, 2013 CALL TO ORDER Chairman Campbell called the meeting to order at 7:01 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice -Chairman McKey, Members Dillard, Dunn and West. Also present were City Planner Rumer, Assistant City Attorney Drage and Recording Clerk Turner ABSENT: Member(s): de la Portilla (A/E), Keethler (A/E), Marcotte (A/E) and Sills (A/U) CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, November 12, 2013. Vice -Chairman McKey, seconded by Member West, moved to accept the minutes of the November 12, 2013, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS Ocoee Pines PUD (FKA Whispering Pines) — Public Hearing Chairman Campbell informed the board that a letter was received by the developer requesting that this item be tabled to the next meeting. Member West, seconded by Member Dillard, moved to table the Ocoee Pines PUD to the next Planning and Zoning Commission Meeting. Motion carried unanimously. City of Ocoee Retention Pond Wurst Road — Public Hearing City Planner Rumer gave a brief presentation with exhibits of the proposed project. The subject property is located on the south side of Wurst Road and adjacent to the railroad right-of-way, 250 feet west of the intersection of Wurst Road and A.D. Mims Road. The City is requesting the annexation of a parcel of land totaling 1.13 +/- acres and an initial zoning from Orange County "A-1" to the city of Ocoee "A-1". The parcel is vacant and does not contain public access. The City is anticipating using the parcel as a right-of-way retention pond when future upgrades are made to Wurst Road. Florida Statute grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The subject property is considered contiguous since it is an individual enclave located within the City limits. Planning and Zoning Commission Meeting December 10, 2013 The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange County has been notified of this petition. City staff has requested a city of Ocoee zoning designation of A-1 (Agriculture) which is consistent with the zoning of adjacent properties, and is intended for areas shown on the Future Land Use Map as "Low Density Residential". DISCUSSION Vice -Chairman McKey asked what is located in the vicinity of this city of Ocoee retention pond site. City Planner Rumer explained that the City is reviewing a site plan for a Family Dollar store adjacent to the proposed retention pond on Wurst Road. He continued by saying that there is a plan being reviewed where the Family Dollar will construct a storm water pond. Board discussion ensued regarding the site plan review for the Family Dollar. The public hearing was opened. The public hearing was closed. Member Dillard, seconded by Vice -Chairman McKey, moved that the Planning and Zoning Commission, actin_a as the Local Plannin_a A_gency, recommend to the Ocoee City Commission approval of the annexation of the +/- 1.13 acre parcel of land with an initial zoning classification of "A-1" for the Ocoee Future Pond Property. Motion carried unanimously. MISCELLANEOUS Project Status Report City Planner Rumer spoke more on the city of Ocoee retention pond on Wurst Road. He explained that the property adjacent to the proposed Family Dollar is a Kangaroo gas station. He continued by saying that with the development of the Family Dollar store, a four-way intersection with Spring Lake Circle will be created. In addition to improvements underway for Spring Lake Elementary School, this four-way intersection will help resolve some of the traffic issues for the school. Member Dillard asked if there will be a traffic light at the intersection. City Planner Rumer explained that a traffic light is not warranted. Board discussion ensued regarding the new traffic route for Spring Lake Elementary School. City Planner Rumer briefed the board on development activity and methods the City is exploring to encourage development in the City. He explained the City is reviewing an 2 Planning and Zoning Commission Meeting December 10, 2013 extension to the reduction of road impact fees. Mr. Rumer's development status update included the following projects: • All Sports Memory Care • Paws & Play (dog daycare) • Barkeritaville (dog daycare) • Final subdivision plan for the Skorman project, Park Place PUD • Wendy's Restaurant • Multi -family use concept plan for the outparcel by the Winn Dixie grocery store • Residential subdivision across from the Jim Beech Recreation Center City Planner Rumer concluded his project status update report by saying that many target areas in the City will see development. Chairman Campbell wished everyone a Happy Holiday Season! ADJOURNMENT The meeting adjourned at 7:24 p.m. Attest: Diana Turner, Recording Clerk APPROVED: Bradley Campbell, Chairman ITEM NUMBER IV. A. PUBLIC HEARING OCOEE PINES PUD SUBSTANTIAL AMENDMENT TO THE PUD/LAND USE PLAN (CONTINUANCE REQUESTED) Seaver, Sherry From: Maier, Sarah <smaier@Dewberry.com> Sent: Thursday, January 09, 2014 2:32 PM To: Seaver, Sherry Cc: Stearns, Scott; Stalder, Nicole; Craig Harris; jim.mcneil@akerman.com Subject: Ocoee Pines PUD P&Z Hearing Good Afternoon Sherry, We respectfully request that the Ocoee Pines PUD LUP Substantial Amendment (RZ-13-10-08) be pulled from the January 14, 2014 Planning and Zoning Commission agenda. It is our intent to submit revised plans to DRC and hold another DRC meeting to address all outstanding comments. Please let me know if you have any questions. Thank you. Sarah McEver Maier Planner Dewberry I Bowyer -Singleton 520 South Magnolia Avenue Orlando, Florida 32801 407.843.5120 main 321.354.9653 direct 407.649.8664 fax www.dewberry.com Visit Dewberry's website at www.dewberry.com This email transmission may contain confidential or privileged information. If you receive this email message in error, notify the sender by email and delete the email without reading, copying or disclosing the email contents. The unauthorized use or dissemination of any confidential or privileged information contained in this email is prohibited. If you are not the intended recipient and intentionally intercept or forward this message to someone else, you may be subject to criminal and/or civil penalties. See 18 U.S.C. 2511 et seq. ITEM NUMBER IV. B. PUBLIC HEARING OCOEE ELEMENTARY SCHOOL EXPANSION SITE ANNEXATION & REZONING Mayor S. Scott Vandergrift City Manave Robert Frank 'J florida STAFF REPORT TO: The Planning and Zoning Commission -*2� FROM: J. Antonio Fabre, AICP, Principal Planner DATE: January 3, 2014 SUBJECT: Ocoee Elementary School Expansion Site Annexation & Initial Zoning Project No(s): AX-11-13-42 & RZ-13-11-10 ISSUE: Commissioners John Grogan, District 1 Rosemary- Nilsen, District 3 Rusty Johnson, District 3 Joel F. Keller, District 4 Should the Planning & Zoning Commission (LPA) recommend approval of the Annexation and Initial Zoning (A-1) for the Ocoee Elementary School Expansion Site? BACKGROUND: General Location: On the northeast corner of E. Orlando Avenue and S. Lakewood Avenue. Parcel Identification Number(s): 20-22-28-0000-00-070 Physical Address: No address at this time. Property Size: +/- 6.42 acres. Actual land use, proposed land use and unique features of the subject property: The subject parcel is the expansion site for the existing Ocoee Elementary School. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction/Future Land Orange County / City of Ocoee / Use -Joint Planning Area Low Density Residential Low Density Residential Land Use Classification Jurisdiction/Zoning Orange County / "A-2" City of Ocoee / "A-1" Classification The Planning and Zoning Commission Meeting Date January 14, 2014 Page 2 of 3 The current jurisdiction, future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North City of Ocoee / City of Ocoee / "A-1" Public Facilities -Institutional East Orange County / Orange County / "A-2" Low Density Residential South City of Ocoee / City of Ocoee / "R-1AAK Low Density Residential West City of Ocoee / City of Ocoee / "R-1AK Low Density Residential CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: 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 subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the north, west and south adjacent boundaries. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. City staff is concurrently requesting rezoning of the property to "A-V (General Agricultural). Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13-A of the City of Ocoee -Orange County Joint Planning Area Agreement. Rezoning: City staff has requested a City of Ocoee zoning designation of "A-1" (General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee Elementary School property). According to the Land Development Code, the A-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential" and appropriate for areas designated as "Institutional/Government". The A-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "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, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." The Planning and Zoning Commission Meeting Date January 14, 2014 Page 3 of 3 DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an enclave in the City, it already benefits from City Police and Fire Rescue services via a joint "First Responder" Agreement with Orange County. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On December 10, 2013, the DRC met to determine if the proposed annexation and initial zoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and initial zoning for the Ocoee Elementary School Expansion Site. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Annexation of the +/- 6.42 acres parcel of land known as the Ocoee Elementary School Expansion Site with an Initial Zoning classification of "A-1 ". Attachments: Annexation Feasibility Analysis; Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map; Aerial Map. Em CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-11-13-42 & RZ-13-11-10 APPLICANT NAME: Orange County Public Schools (OOPS) PROJECT NAME: OCOEE ELEMENTARY SCHOOL SITE ANNEXATION AND REZONING 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 J. Antonio Fabre, AICP A. Applicant/Owner 1. Owner (if different from Applicant): School Board Of Orange Countv Florida B. Property Location 1. General Location: Northeast corner of S. Lakewood Ave and E. Orlando Ave. 2. Parcel Identification Numbers: 20-22-28-0000-00-070 3. Street Addresses: No Address at this time 4. Size of Parcels: +/- 6.417 acres C. Use Characteristics 1. Existin Use: Ocoee Elementary School Expansion Site 2. Proposed Use: Ocoee Elementary School Expansion Site 3. Density / Intensity: N/A 4. Projected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: A-2 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: A-1 E. Consistencv 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes FIRE DEPARTMENT Chief Pete McNeil 1. Estimated Response Time: Less than 5 min 2. Distance to Property: 1/8 of a Mile 3. Fire Flow Requirements: 1500 GPM POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone / Grid / Area: Zone/Area 4 Grid 65 2. Estimated Response Time: 1 min 3. Distance to Property: 2 miles 4. Average Travel Time 4 minutes Page 1 of 3 Case #(s) AX-11-13-42 & RZA 3-11-10 IV. ECONOMIC VALUE J. Antonio Fabre, AICP 1. Property Appraiser Taxable Value: $128,400 2. Property Appraiser Just Value N/A 3. Estimated City Ad Valorem Taxes: N/A 4. Anticipated Licenses & Permits: N/A 5. Potential Impact Fees: N/A 6. Total Project Revenues: N/A V. BUILDING DEPARTMENT J. Antonio Fabre, AICP 1.. Within the 100-year Flood Plain: No A. UTILITIES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of Nearest Water Main: 10 inch water main on Orlando Avenue. C Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of Nearest Force Main: There is a gravity main on Orlando Avenue that the existing school is already connected to at this time. 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No VII. TRANSPORTATION J. Antonio Fabre, AICP 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 526 Page 2 of 3 Vill Case #(s) AX-11-13-42 & RZ-13-11-10 I. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP N/A A. Transportation: N/A B. Parks / Recreation: N/A C. Water / Sewer: N/A D. Stormwater: N/A E. Solid Waste: N/A F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments The subject parcel is the expansion site for Ocoee Elementary School. Construction of the Orange County Public School is currently under OCPS development orders. X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 Ocoee Elementary School Site Future Land Use Map t J Ocoee Development Services Department 0 125 250 500 Feet aSubject Property Unincorporated Territory Dand Other Municipalties Low Density Residential Medium Density Residential High Density Residential Professional Offices and Services Commercial Light Industrial Heavy Industrial Conservation/Floodplains Recreation and Open Space Public Facilities/Institutional Lakes and Water Bodies CONS LAKE STARKE K r t J Ocoee Ocoee Development Services Department 0 125 250 500 Feet aSubject Property Unincorporated Territory and Other Municipalties Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) ®Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) = Medium Density (PUD) High Density (PUD) Public Use (PUD) Unclassified Lakes and Water Bodies Ocoee Elementary School Site Surrounding Zoning Map LE LAKE STARKE -3 I 0 �Vp ITEM NUMBER IV. C. PUBLIC HEARING SPRING LAKE RESERVE REZONING TO PUD/ LAND USE PLAN Mavor S. Scott Vandergrift City Mana-er• Robert Frank STAFF REPORT TO: The Planning and Zoning Commission FROM: J. Antonio Fabre, AICP, Principal Planner DATE: January 8, 2014 SUBJECT: Spring Lake Reserve PUD Rezoning / Land Use Plan - Project # RZ-13-11-09 ISSUE: Commissioners John Grogan, District 1 Rosemary Neilsen, District 3 Pushy Johnson, District 3 Joel F. Keller. District 4 Should the Planning & Zoning Commission recommend approval of the PUD Rezoning and Land Use Plan for Spring Lake Reserve? BACKGROUND: The subject property is located on the south side of A.D. Mims Road directly across from the City's Beech Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and 25.65 acres are wetlands/surface water. The subject site is comprised by two (2) parcels identified as Parcel ID numbers 09-22-28-0000-00-038 and 09-22- 28-0000-00-001. The subject property has a physical address of 1811 A.D. Mims Road. The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the surrounding parcels: DIRECTION: JPA FUTURE LAND USE / JURISDICTION EXISTING LAND USE / ZONING North Recreation & Open Space / City of Ocoee Beech Recreation Center / -City Park" East High Density Residential / City of Ocoee SFR(s) (Reflections Subdivision) / -R-3- South Conservation-Floodplains / City of Ocoee Spring Lake West Low Density Residential / Orange County Vacant. Undeveloped / "A-1" The subject site is currently undeveloped with a variety of trees, wetlands and 100-year floodplain areas. The Future Land Use designation for the subject site is "High Density Residential" which allows up to 16 dwelling units per acre. To the south there is a "Conservation/Floodplains" future land use designation that is associated with the Spring Lake basin. The rezoning would be from "R-Y (Multiple -Family Dwelling) to "PUD" (Planned Unit Development) with a corresponding Land Use Plan (LUP). The Planning and Zoning Commission Meeting Date January 14, 2014 Page 2 of 3 DISCUSSION: The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single-family detached residential lots with a requested net density of 5.59 units per acre, which does not exceed the underlying land use maximum density allowed. The PUD is proposed to have a neo-traditional neighborhood design concept similar to The Villages of Wesmere. These include on -street parallel parking, park muse, reduced setback requirements and residential lots with rear loading alleys. The alleyways are proposed to be contained within 30 feet wide tracts that will be owned and maintained by the homeowners association. The other residential streets (50' wide) are planned to be designated as public right-of-ways. The residential lots will be approximately (16) 50 feet by 110 feet and (83) 33.7 feet by 78 feet. The PUD has a minimum living area set at 1,500 square feet. The development is proposed to be developed in one (1) phase. As shown on the Plan, the subject subdivision will only have one main access from AD Mims Road with a designated left -turn lane. This main entrance will be aligned with the existing Beech Recreation Center access across the street. In addition, there is a proposed internal street stub - out for the potential future cross -access of the property to the west. The Plan also shows a 6- foot high privacy wall with landscaping will be installed along AD Mims Road. Columns and decorative railings are proposed along the open space portions of the site. Along the east and west portion of the site there will be PVC privacy fences and appropriate landscaping. Consistent with City policies, the 100-year flood plains will not be disturbed. Approximately 6.01 acres of wetlands will not be developed and will be designated as conservation areas. It should be mentioned, that there is a small wetland area (.24 acre) that is programed to be disturbed. The Applicant has proposed an onsite mitigation program which includes providing additional "Protected Buffer Areas" (1.52 acre). There is one (1) waiver from the Land Development Code that is currently requested. The Applicant has requested a two (2) trees per lot requirement on the residential lots that are 33.7' wide instead of the typical three (3) trees per lot requirements. Staff supports this request because the size of these lots makes it impractical for three trees to properly fit and grow. The Applicant has also proposed to account for the third trees in common area tracts. School capacity for the subject development has been determined to be available by Orange County Public Schools. The City's Transportation Planners (Renaissance Planning Group) have agreed with the conclusion that the proposed development will not adversely impact the City of Ocoee's roadway network or intersections. Water & wastewater, reclaimed water, solid waste, police and fire protection will all be provided by City of Ocoee. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on January 8, 2014, and reviewed the PUD Rezoning and Land Use Plan for Spring Lake Reserve. There was some discussion on the turning movements for fire and solid waste vehicles, alleyways, agreement for Police enforcement on alleyways, housing architecture and overall net density for the project. When the discussion was finished, the DRC voted unanimously to recommend approval of the PUD Rezoning and Land Use Plan, subject to the resolution of the remaining staff comments. The Planning and Zoning Commission Meeting Date January 14, 2014 Page 3 of 3 STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the PUD Rezoning and Land Use Plan, subject to resolving any remaining staff comments before the City Commission meeting. Attachments: Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map; Aerial Map; Proposed Land Use Plan for Spring Lake Reserve PUD stamped dated received by the City on January 8, 2014. Spring Lake Reserve Location Map C L r me 79 4r twn m m an ar li a c SPRING LAKECz L 0 w I i L c ir parlal 11 FFT� i er r i r � FWa 11 t r CU r E JO .L We n N q/ i(-L ■ ITEM NUMBER IV. D. PUBLIC HEARING CASA MIRELLA AT BELMERE PD JOINT PLANNING AREA AGREEMENT AMENDMENT & SMALL SCALE COMPREHENSIVE PLAN AMENDMENT Mavor S. Scott k-ander„;rift City' It'Ianager Robert: 1, rank f I o r i d a Commissioners John Grown, District I Rosemary- �V lsen. District 2 Rusty Johnson, District 3 Joel F. Keller, District =I STAFF REPORT DATE: January 14, 2014 TO: Planning & Zoning Commission (Local Planning Agency) FROM: Michael Rumer, City Planner�//Z_ SUBJECT: 18th Amendment to Ocoee -Orange County Joint Planning Area Agreement ISSUE: Should the Planning & Zoning Commission recommend changes to the Joint Planning Area (JPA) Land Use Map as requested from Unicorp Development for the Belmere PUD? BACKGROUND: The Joint Planning Area agreement (JPA) was established with Orange County on February 11, 1994. The agreement provides for annexation boundaries, Land Use designations, and notification requirements. Orange County currently has a JPA with the City of Ocoee and City of Winter Garden. The JPA amendment requested by the applicant includes changes to the JPA Future Land Use designations of lands. DISCUSSION: The proposed JPA amendment requested by the applicant consists of changing the JPA Future Land Use designation on 2.7 acres from Low Density Residential (Four DU/Acre) to High Density Residential (8-16 DU/Acre). DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The Development Review Committee (DRC) met on January 8, 2014, and reviewed the applicant's request. The DRC voted unanimously to recommend approval of the JPA Land Use designation of High Density Residential. STAFF RECOMMENDATION: Staff is supportive of the requested 18t" Amendment to the Joint Planning Area Agreement between the City of Ocoee and Orange County providing for an amendment to the JPA Future Land Use Map to change the future land use designation on 2.7 ± acres from Low Density Residential (LDR) to High Density Residential (HDR) for properties located in the Belmere PUD. P&Z Meeting Date: January 14, 2014 Project: 18"' JPA Amendment Attachments: Location Map Existing Joint Planning Area Boundary and Land Use Map Draft 18th Amendment to Joint Planning Area Agreement between Orange County and the City of Ocoee Location Map Casa Mirella � J � xilYljr J ♦ rj ♦ �I `;�- mm 1m11 ,■�' �♦.�',r' Rroom �♦.. ... ;C ■■ _ _ _ ►_r. xllq - III IIIIilI .�. r �1t11111'�Rf:1Ai�/!�IIN■■NNININ� nmM =�_ fl±rl I = I■1Ia■IVIIIiI Pill -IiA r�ilLlE�: ■ININN nmaml ='l'=_ =T� _ ■ _ N■■■ � �►., rI1 r�r.>!� "J►.� �. 'IJLti ll1J�►.; �. � __ — \NN■N i ��1■N II �► mx _ — — ■■NN ♦ILv �1 1 xr urn eena_ - pINN - Fai���■ NN,ME ME1 ME # ■■ �� IIIR'11,�i ,,A 1�' ♦ � Kam- ■■►��f :. � AEI Iunlc►:L°' - JCL�iI■11 � • • � _ �_r■ ■ 'L�i�lli�ii�61 Lli IIIIIIIIINNINJ� I`I/ ;NIIINNNN % 11: IIIN■1 is 'FAM,1111111L, L:4'v�'� 1�� / gIN11 • r �� 1 11� 1dIx111NN I , 1 � � u : _ • • � ..i �IrJr �N■� � IIIIIII N r tea,, I q/ i(-L ■ EIGHTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE THIS EIGHTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the day of 2013, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the CITY OF OCOEE, a Florida municipal corporation (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, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 5, 2004, as amended by the Twelfth Amendment thereto dated August 3, 2004, as amended by the Thirteenth Amendment thereto dated November 29, 2005, as amended by the Fourteenth and Fifteenth Amendments thereto dated January 27, 2009, as amended by the Sixteenth Amendment thereto dated December 4, 2009, as amended by the Seventeenth Amendment thereto dated May 7, 2013, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the "Joint Planning Area Agreement'); and ORLDOCS 13178685 1 WHEREAS, the Joint Planning Area Agreement relates to property described therein which is located in and around the boundaries of the City (the "Joint Planning Area"); and 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 provisions of the Joint Planning Area Agreement set forth certain procedures for amending the future land use designations shown on the Joint Planning Area Land Use Map (hereinafter the "JPA Land Use Map"); and WHEREAS, the County and City desire to change the future land use designation on certain properties that are subject to the Joint Planning Area Agreement; and WHEREAS, the local planning agencies of both the County and City have considered this Amendment and made recommendations to the Orange County Board of County Commissioners 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 Board of County Commissioners and the Ocoee City Commission. 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: ORLDOCS 13178685 1 _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, (3) the Charters of the County and City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement, as amended, unless otherwise indicated. Section 4. Joint Planning Area Land Use Map Update. The Joint Planning Area Land Use Map, as set forth in Exhibit "B" to the Joint Planning Area Agreement, is hereby amended and replaced with the Exhibit "B attached hereto and by this reference made a part hereof. The amendment to the Land Use Map includes changes to the future land use designation of the property identified in Exhibit "1" attached hereto and by this reference made a part hereof. Section 5. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement, as amended, remains unchanged and in full force and effect. ORLDOCS 13178685 1 3_ 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 Teresa Jacobs Orange County Mayor Date: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners LI-A Deputy Clerk Date: 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 Teresa Jacobs and Martha O. Haynie, personally known to me to be the Mayor and City Clerk, respectively, of Orange County, a political subdivision of the State of Florida, 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 , 2013. Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): ORLDOCS 13178685 1 _4 _ WITNESSES: Printed Name: Printed Name: FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2013 By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE CITY OF OCOEE, a Florida municipal corporation By: S. SCOTT VANDERGRIFT, Mayor Attest: BETH EIKENBERRY, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2013 UNDER AGENDA ITEM NO. 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 BETH EIKENBERRY, 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 , 2013. Signature of Notary Name of Notary (type, printed or stamped) Commission Number (if not legible on seal): ORLDOCS 13178685 1 _5_ Nlayor S. Scott Vandergrift City Nlana ;er Robert. Frank DATE: January 14, 2014 14 14 ks 1*51 k 0%1� florida STAFF REPORT Commissioners John Grogan, District l Rosemary NNilsen District 2 Rush* Johnson, District 3 Joel F. Keller. District .1 TO: Planning & Zoning Commission (Local Planning Agency) FROM: Michael Rumer, City Planner IW SUBJECT: Casa Mirella at Belmere PUD Small -Scale Comprehensive Plan Amendment Project No(s): CPA-2013-004 ISSUE: Should the Planning & Zoning Commission (LPA) recommend approval of a Small -Scale Comprehensive Plan Amendment from "Citrus Rural" to "High Density Residential" for the Casa Mirella property located in the Belmere PUD? BACKGROUND: The subject property is located on Lot 3 of Casa Mirella located on the west side of Maguire Road and south of Roberson Road. The parcel of land is approximately 2.72 acres. The subject property is zoned Planned Unit Development (PUD) and is located within the Belmere PD. The Belmere PD, which encompasses +/- 455 acres, was originally approved by the Orange County Board of County Commissioners on May 21, 1985, as the Lake Whitney PD. The northern portion of the PD was set aside as Tract G which consisted of 177 acres that was labeled as `Future Development". In 1995, the PD Land Use Plan (LUP) was amended to permit 708 dwelling units in Tract G. A subsequent non -substantial amendment in 1999 carved out Tract H from Tract G. Tract H is the property that is now owned by the Unicorp entities. The 1999 LUP delineates Tract H as (1) Commercial totaling 42,960 s.f. and 5 acres maximum (2) Multi -family totaling 180 units and (3) Adult Care living Facility (ACLF) or Adult Living Facility (ALF) totaling 130 units. The LUP also explains how the multi -family and ACLF or ALF units can be converted to single-family units. The LUP states that one multi -family unit is to be counted as equal to one single-family unit and seven (7) ACLF or ALF units are to be counted equal to one single- family unit. The property has retained the Orange County Citrus Rural land use designation because of previous vesting. To date, Tract H has been developed as Casa Mirella with 42,960 sq. ft. of commercial and 216 multi -family units. Lot 3 has been set aside for 85 ALF units. The applicant is proposing to convert the 85 ALF units to 12 residential units and add 48 more units to the PUD in order to construct 60 multi -family units. The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Orange County Citrus Rural PUD (Commercial) East Ocoee Commercial PUD Commercial and Residential South Orange County Citrus Rural PUD (Residential) West Orange County Citrus Rural PUD (Residential) DISCUSSION: The applicant/owner is requesting a Small -Scale Comprehensive Plan Amendment to change the future land use designation on 2.72 acres of land from "Citrus Rural' to "High Density Residential." SITE ANALYSIS: Floodplain Impacts: The site does not lie within the 100 year floodplain. Wetland Impact: There are no jurisdictional wetlands. Endangered and Threatened Wildlife: A threatened and endangered wildlife study is not required for a small scale land use amendment. Utilities: The site is located within the Orange County utility service area for water and sewer. Reclaimed water is provided from the City. Transportation / Traffic: The proposed PUD accesses Maguire Road and Roberson Road. Both roads operate at an acceptable level of service. Schools: The applicant has applied for a Capacity Enhancement Agreement with Orange County Public Schools. An agreement is required before the adoption of the Small Scale Land Use amendment. Public Safety: The nearest Fire Department, Station Number 39 located on Maguire Road, is approximately .25 miles from the subject property. The estimated response time is less than 2 minutes. The Police Station is located 2.5 miles from the subject property. The estimated response time is 2- 4 minutes. Drainage: The subject site is located within the Apopka Drainage Basin and therefore must meet the requirements of Section 11.7 (a) SJRWMD Management and Storage of Surface Water Handbook. A master stormwater pond is existing. Recreation and Open Space: No impacts on recreation facilities levels of service are proposed with the permitted density. APPLICABLE POLICIES: Special Districts: The site is not located within the Wekiva Study Area. Comprehensive Plan: The following policies are applicable with the proposed project: Future Land Use Policy 1.3: Future Land Use Policy 1.7: Future Land Use Policy 1.10 Future Land Use Policy 2.5: Future Land Use Policy 7.1: Transportation Policy 1.4.1: Buffering Natural Environment Density and Intensity Voluntary Annexation Compatibility of Adjacent Land Uses Operational Movements DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: The Development Review Committee (DRC) met on January 8, 2014, and reviewed the applicant's request. The DRC voted unanimously to recommend approval of the Small -Scale Comprehensive Plan amendment for approximately 2.72 acres of land in the Casa Mirella development in the Belmere PUD from a designation of Low Density Residential to High Density Residential. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend approval of the Small -Scale Comprehensive Plan Amendment ("Citrus Rural" to "High Density Residential") for the Belmere PUD property. Attachments: Location Map Surrounding Future Land Use Map Small Scale Comprehensive Plan Amendment Casa Mirella at Belmere PUD Location Ma - ail ---Moore-- z ITEM NUMBER V. MISCELLANEOUS A. Project Status Update B. January Calendar Curren# I�rmjects .° All Sports Memory Care LS-2013-002 Site Plan 10/29/2013 AF 3rd Approved by City Commission on 12/03/13 Preliminary Subdivision Arden Park North Phase 2 LS-2013-003 Plan 07/10/13 AF 1st Comments sent 08/01/13 AX-08-13-41, RZ-13-' 08-07 & CPA-2013- Annex, Rez & Barkeritaville 002 CPA 08/28/13 MR 2nd Approved by City Commission on 11/05/13 PUD/Land Use Casa Mirella RZ-13-12-12 Plan Amend 12/20/13 MR 1st Comments due 01/10/14 JPA-13-001 & CPA- JPA & CPA Casa Mirella 2013-004 Amendment 12/13/13 MR 1st Comments due 12/30/13 Citrus Medical LS-99-014 FSP Revision 01/17/13 AF 1st Comments sent 01/30/13 Small Scale Family Dollar Store (Silver Star Rd) SS-2013-009 Site Plan 12/18/13 AF 1st Comments due 01/06/14 Family Dollar Store (Wurst Rd) SS-2013-007 Site Plan 12/20/13 AF 2nd Comments due 01/10/14 Fountains at Tivoli Place Plat Review 10/28/13 AF 1st Comments sent 11/25/13 Preliminary / On hold pending receipt of the Joinder & F/X Warehouse Complex LS-2007-023 Final Site Plan 05/11/09 BH 4th Consent Forms AX-07-13-39, RZ-13-Annex, Rez & 07-05 & 1-13-SE- Special Heaven Bound Church 019 Exception 07/24/13 AF 1st Comments sent 08/15/13 Special Iglesia Cristiana Sendero De Luz 1-12SE-018 Exception 05/16/13 MR 2nd Comments sent 06/11/13 Iglesia Cristiana Sendero De Luz SS-2013-006 Site Plan 12/18/13 MR 2nd Comments sent 01/08/14 Marshall Farms Business Center LS-2009-003 Final Site Plan 12/10/09 AF 2nd Staff Comments sent out 1 /11 /10 Oaks Commerce Center SS-2007-005 Final Site Plan 09/19/11 AF 6th Staff comments sent out 09/28/11 Annexation & Scheduled for P & Z on 01/14/14 & City Ocoee Elementary School Expansion Rezoning 11/14/13 AF 1st Commission on 02/18/14 Small Scale Ocoee Health Care Center Addition SS-2013-002 Site Plan 04/24/13 AF 1st Comments sent 05/09/13 PUD Land Use Comments sents 10112113; DRC meeting Plan held 11/05/13; Scheduled for P & Z on Ocoee Pines RZ-13-10-08 Amendment 10/08/13 AF 1st 12/10113; Continued to 01/14/14 Current Project Report Jan 2014/Review 1/9/2014 1 of 2 DAU RSVi 1N us. Current Projects LROJECT N©. �AtTAT SUS AI`�'7`a4L REC fEQ t R NUMISER Preliminary/Fin al Subdivision Park Place LS-2013-004 Plan 12/13/13 MR Small Scale Paws & Play SS-2013-003 Site Plan 11/25/13 AF Site Plan Primrose School SS-2012-005 Revision 11/04/13 AF AX-11-13-43 & RZ- Annexation & Retention Pond Property - Wurst Road 13-11-11 Rezoning 11/21/13 MR AX-05-010-21 Initial Zoning of Roberson Road AX & RZ RZ-10-05-04 PUD 05/24/10 AF Small Scale RT Ocoee, LLC SS-2013-008 Site Plan 12/10/13 AF Small Scale Site Shoppes at the Village SS-2008-005 Plan 04/23/10 AF Spring Lake Reserve RZ-13-11-09 PUD Rezoning 12/13/13 AF Wendy's Restaurant Whisper Winds Lanc Plat Review 12/17/13 AF AX-07-10-26 Annexation & RZ-10-11-12 Rezoning 01/07/14 AF 2nd Comments sent 01/08/14 4th Approved 12/18/13 1st Comments sent 11/11/13 1st Approved by City Commission on 01/07/14 1 st Staff comments sent out 6/17/10 1st Comments sent 12/26/13 3rd Staff comments sent out 5/24/10 Comments sent 12/31113; DRC held on 01/08/14; Scheduled for P & Z on 01/14/14 & 2nd City Commission on 02/18/14 3rd Comments due 01/03/14 Pending meeting to discuss the processing 5th of the project. Current Project Report Jan 2014/Review 1/9/2014 2 of 2 The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy. Martin Luther King, Jr. dun Alon Ti,o Oct h 2 3 4' HRDB @ 7:00 pm / Conference Room City Hall Closed J 10 1� City Commission Meeting @ 7:15pm / Comm. Chambers i 12 13 14 15 16 ,�xi � J 17 1� Planning and Zoning Commission n 7:00 pm / Comm. Chambers�� O1/21 Agenda Items due 01/21 Staff Reports due to �( _ to City Clerk City Manager O1/21 Agenda Published VHB as neede 19 20 21 22 23 25 City Commission Meeting CACOPD @ 7.00 City Hall Closed @ 7:15pm / Comm. Chambers pm / Comm. Chambers 26 27 28 29 30 31 general Employee. Code Enforcement Pension Board Board @ 7:00 pm / a, 10 a.m. Comm. Chambers Police/Fire Pension Board @ 1 p.m./ Comm. Chambers 02/04 Agenda Items due 02/04 Staff Reports due to to City Clerk City Manager 02/04 Agenda Published