ftPPROVID 9f OIWfQI CoUN1'Y 80ARn 01 goum COMMISIJONR "AY 1 , 2OO~ dtUl~S Effective Date August 6, 2004 ORDINANCE NO. 2004- 06 AN ORDINANCE PERTAINING TO COMPREHENSIVE PLANNING IN ORANGE COUNTY, FLORIDA; AMENDING THE ORANGE COUNTY COMPREHENSIVE PLAN, COMMONL Y KNOWN AS THE "2000-2020 COMPREHENSIVE POLICY PLAN," AS AMENDED; AMENDING THE FUTURE LAND USE ELEMENT MAP; CREATING FUTURE LAND USE ELEMENT POLICIES 2.4.5, 2.4.6,2.4.7,2.4.8,2.4.9,2.4.10,2.4.11, AND 2.4.12 REGARDING THE LAKE AV ALON RURAL SETTLEMENT; AMENDING TRANSPORTATION ELEMENT OBJECTIVES 1.1,1.2 AND 4.1,AMENDINGTRANSPORTATIONELEMENTPOLICIES 1.1.2.1,1.1.2.2,1.1.2.3,1.2.1,1.2.2,1.2.3,1.2.4,1.4.1, 1.4.7, 1.5.1, 1.5.2, 1.6.5, 1.6.8, 1.6.8.2, 1.6.8.3, 1.6.8.4, 1.6.8.5, 1.6.11, 1.7.1, 1.7.2,1.7.3,1.7.4,1.9.2,2.1.2,2.1.6,3.3.2,4.1.1,4.1.3, 4.1.4, 4.1.5, 4.1.7, AND 4.1.15, CREATING NEW TRANSPORTATION ELEMENT POLICIES 4.1.1 AND 4.1.5, REPEALING TRANSPORTATION ELEMENT OBJECTIVE 2.3, REPEALING TRANSPORTATION ELEMENT POLICIES 1.6.8.1, 1.7.5, 2.3.1, 2.3.2, 2.3.3, 4.1.2, AND 4.1.4, AND AMENDING TRANSPORTATION ELEMENT MAP FIGURES 1,2,3, 4, 5, 8, 10, AND 11; AND PROVIDING EFFECTIVE DATES BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY: Section 1. Legislative Findings, Purpose, and Intent. a. On July 1, 1991, the Orange County Board of County Commissioners adopted a new comprehensiveplanpursuantto Sections 163.3161 - 163.3243, Florida Statutes, knownas the "Local Govermnent Comprehensive Planning and Land Deve10pment Regulation Act" ("Act"), which sets forth the procedures and requirements for aloeal govermnent in the State of Florida to adopt a eomprehensive plan and amendments to a eomprehensive plan; b. The Board of County Commissioners ("Board") adopted this comprehensive plan. knownas the "1990-201 0 ComprehensivePolicy Plan" ("1990-2010 CPP") byOrdinance No. 91-16: c. The Board amended the 1990-2010 CPP numerous times between 1992 and 20()(): d. On December 5,2000, the Board adopted Ordinance No. 2000-25, which. lIIkI' ul/iI, renamed the 1990-2010 CPP as the "2000-2020 Comprehensive Policy Plan ('"epp"); e. The Board has amended the CPP a number of times since December 5. 2000; f. Orange County has complied with the requirements of the Act of amending the C P P again; g. On November 20,2003, the Orange County Local Planning Agency ("LPA") held a public hearing on the transmittal of the proposed amendments to the CPP as described in this ordinance, and recommended the transmittal of those proposed amendments to the Florida Department of Community Affairs ("DCA"); h. On December 9, 2003, the Board held a public hearing on the transmittal of the proposed amendments to the CPP as described in this ordinance, and decided to transmit those proposed amendments to the DCA; 1. On or about February 24, 2004, the County staffreceived the DCA's "Objections, Recommendations, and Comments Report" concerning the proposed amendments to the CPP as described in this ordinance; J. On April 15,2004, the LPA held a public hearing at which it reviewed and made recommendations regarding the adoption of the proposed amendments to the CPP as described in this ordinance; and k. On May 18,2004, the Board held a public hearing on the adoption of the proposed 2 amendments as described in this ordinance, and decided to adopt them. Seetion 2. Authority. This ordinance is adopted in compIianee with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Seetions 163.3161 - 163.3243, Florida Statutes, as amended. Seetion 3. Amendments to Future Land Use Element Map. The CPP, as amended, is hereby further amended by amending the Future Land Use Element Map designation as summarized at Appendix "A," a document entitled "2004 First Regular Cycle and Small Seale Amendments to the 2000-2020 Comprehensive Policy Plan - Adoption Doeument," dated May 18. 2004, prepared by the Orange County Planning Division, which appendix is incorporated herein by reference, and which is on file with the Orange County Planning Division, 201 South Rosalind Avenue, Orlando, Florida. Graphic representations of the Future Land U se Element Map amendments summarized at Appendix "A" are found at pages 9 through 131 of Appendix "A." Seetion 4. Amendments to Text of Future Land Use Element. The CPP, as amended, is hereby further amended by creating Future Land U se Element Policies 2.4.5 through 2.4. 12 re lated to the Lake Avalon Rural Settlement to read as follows: POLlCIES 2.4.5 Orange County shall establish the Lake A valon Rural Settlement. The permitted densities and intensities of land use within the Rural Settlement shall maintain the rural character of Lake Avalon area as designated on the Future Land Use Map. The predominate designation shall be 1/5 to reflect the existing development pattemo Densities shall range from 1/1, 1/2 to 1/5. All other residential densities of the Lake A valon Rural Settlement shall be as provided for in Future Land Use Policy 2.1.10. 3 2.4.6 Limited neighborhood eommereial and offiee uses shall be allowed in the Lake A valon Rural Settlement eonsistent with Future Land U se Element Policy 2.1.14. The scale, intensity and types of eommereial and offiee uses must be eompatible with the existing rural development pattern of the Lake A valon area. Commereial and Offiee uses shall be proeessed as eomprehensive policy amendments. 2.4.7 In addition to the existing eriteria (Future Land Use Element Policy 2.1.7), non-residential development will be subjeet to the Lake Avalon Rural Settlement Commereial Design Guidelines. All non-residential development will be required to be zoned PD (Planned development) or granted a Speeial Exeeption. These guidelines will be implemented on a ease-by-ease basis during the rezoning or speeial exeeption process. The guidelines shall inc1ude, but not limited to the following: a) Uses b) Access Management e) Site Requirements d) Signage e) Feneing 2.4.8 Orange County shall support the Lake Avalon Rural Settlement in an effort to promote the development of multi-purpose trails, including equestrian, pedestrian and bicyc1ing trails. 2.4.9 The County will establish a community identifieation signage program for the Lake A valon Rural Settlement that will recognize the physical boundaries of the area and will be utilized for identification of community faeilities. 2.4.10 In the interest of maintaining adequate potable water quality for the Lake A valon Rural Settlement, amendments to the Lake A valon Rural Settlement shall be approved by the BCC on a ease by ease basis consistent with the Comprehensive Policy Plan. Any existing facilities serving the Rural Settlement shall 4 not be used as reason to increase allowable densities in the Rural Settlement. 2.4.11 Development within the Lake Avalon Rural Settlement shall be consistent with existing Orange County Future Land Use Policies 2.1.1 - 2.1.18. 2.4.12 Pursuant to Future Land Use Element Policy 2.1.18 adjacent development shall consider appropriate buffering and compatibility standards for development that is adjacent to the Lake A valon Rural Settlement. Section 5. Amendments to Transportation Element. a. The CPP, as amended, is hereby further amended by amending the text of the Transportation Element to read as follows, with amendments being shown by strike-throughs and underiines: OBJECTIVE 1.1 The County will continue to enfotce ensure minimum level-of-service standards on County roads and State roads within unincorporated Orange County. POLlCIES * * * 1.1.2.1 Exhibit A identifies all the State and Comrty constrained and backlogged r OM t"9ay facilities t"9hich sha11 be nsed by the County for concmrency management pnrposes. Constrainedroadli'Vays are defined as roadli'Vays that Florida Departrnent of Transportation (FDeT) and erange Comrty have determined li'Vill not be expanded becanse of physical, environmerrtal or policy constrairrts. Baeklogged roadli'Vays are de fine d as roadli'Vays Ii'Vhieh operate at a level beloli'V the minimum le vel of sen ice stalldar ds, ar e either not prograrnrned for construction in the first three 5 yems of the FDOT adopted work ploglam or in the OIange Conmy's Pnblic 'yVolks Engineer ing Fi ve- Yeat Road Progr mn, and ar e not constr ained. EXIIIBIT "A" Each roadway segment failing to me et the adopted level of service shall be reviewed and a determination shall be made as to whether the segment can be considered "constrained" or "backlogged." A. Constrained Facility: roadways that Florida Department of Transportation CFDOT) and Orange County have determined will not be expanded because of physical. environmental or policy constraints. B. Backlogged roadways are defined as roadways which operate at a level below the minimum level of service standards, are either not programmed for construction in the first three years ofthe FDOT adopted work program or in the Orange County's Public Works Engineering Five-Year Road Program, and are not constrained. No modifications to either of the lists abo ve shall be made nnless mnended to this COlnprehensive Policy Plan. The Comrty shall ntilize gnidelines pro vided in the 1998 FDOT LOS IImtdbook, Appendices n and C, for reevalnation of the backlogged and constrained loadways lists.