HomeMy WebLinkAboutVII (A2a) First Reading of Ordinances: Ocoee Commons PUD - AP-02-02-01 Agenda 3-04-2003
Item VII A2a
bg Cgtytgt of Good L, Commissioners
yor
S. Scott Vandergdit a � Danny Howell, District 1
S. m Scott Anderson, District 2
_ � t�� Rusty Johnson,District 3
Jimm Gleason Manage ��-
����,CityGlea Nancy J.Parker,District 4
STAFF REPORT
DATE: February 27, 2003
TO: The Honorable Mayor and City Commissioned
FROM: Robert Lewis, AICP, Planning Manager n
THROUGH: Russ Wagner, AICP, Community Development Director
SUBJECT: Ocoee Commons PUD (a.k.a—Kazaros Property)
Annexation (Project#AP-02-02-01)
Ordinance # 2003-13
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance # 2003-13, approving a proposed
annexation for the Ocoee Commons PUD property (a.k.a— Kazaros Property)?
BACKGROUND:
The Ocoee Commons PUD property includes about 67.7 acres located within a County enclave
surrounded by the City. A portion of the property is located at the northeast corner of the SR 50
— Blackwood Avenue intersection. It also includes land north of SR 50 and the Kent Property on
the east side of Blackwood Avenue, as well as land further to the north across Shoal Creek.
Most of the subject property is currently undeveloped and is covered with orange groves along
with some oak trees, as well as a significant wetland area associated with Shoal Creek running
through the central portion of the property.
In the Ocoee Comprehensive Plan and in the Ocoee-Orange County Joint Planning Area (JPA)
Agreement, the Ocoee Commons PUD property has a mix of future land use designations: a
Commercial designation over the portion of the property located south of Shoal Creek, a
Conservation designation over the Shoal Creek wetland area, and a Low Density Residential
designation over the portion of the property located north of Shoal Creek. The land uses
anticipated in the State Road 50 Activity Center Special Development Plan are consistent with
the Comprehensive Plan and the JPA Agreement, except that on that Plan, the area just south
of the Shoal Creek wetlands is shown with Office development rather than Commercial.
With respect to state annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it
does not create an enclave. The requested annexation satisfies the above criteria. The subject
property is located within the Ocoee-Orange County Joint Planning Area (JPA) and the Ocoee
Utility Service Area. Since the property is contiguous to the City limits, the property is being
considered for annexation as outlined in the JPA Agreement. We have notified Orange County
Planning Staff of the Annexation Petition, and we have received no objection. The requested
annexation is consistent with the JPA Agreement, state annexation criteria, and the standards
established by the City.
City of Ocoee• 150 N Lakeshore Drive• Ocoee,Florida 34761
phone:(407)905-3100• fax: (407)656-S504 •www.ci.ocoee Fl.us
DISCUSSION:
When property is proposed to be annexed into the City, an analysis is performed to determine
how the City could provide essential services to the property. The potential development on the
Ocoee Commons PUD property includes a mix of commercial and residential land uses. Staff
has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the
potential impacts of development on the property. Concurrently with this annexation application,
the Applicant has prepared a PUD Land Use Plan and a Preliminary Subdivision Plan for the
property, as well as a Development Agreement. Together those documents provide for various
improvements that will mitigate the impacts of the proposed development on the property. Along
with the usual utility improvements, the documents provide additional road right-of-way for
Blackwood Avenue and for new internal collector roads. Those documents also provide for
construction of significant road improvements and intersection improvements. Subject to the
Conditions of Approval in the PUD Land Use Plan and the associated Development Agreement,
we have determined that the City can adequately provide the typical range of urban services to
the subject property.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The proposed annexation of the Ocoee Commons PUD property was reviewed by the
Development Review Committee (DRC) on February 18, 2003. A few issues related to providing
utilities and vacating existing road right-of-ways within the site were discussed, however, most of
the details were left to be discussed later with the PUD Land Use Plan and the Preliminary
Subdivision Plan. The Committee voted unanimously to recommend approval of the proposed
annexation.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On February 26, 2003 the Planning and Zoning Commission held a public hearing to consider
the proposed annexation for the Ocoee Commons PUD property (a.k.a — Kazaros Property).
The annexation issues were discussed and a few questions were answered. There was no
public input from the audience regarding the proposed annexation. When the discussion was
finished, the Planning and Zoning Commission voted unanimously to recommend approval of
the proposed annexation, per the Staff recommendation.
STAFF RECOMMENDATION:
Based on the recommendations of the Development Review Committee and the Planning and
Zoning Commission, Staff respectfully recommends that the Mayor and City Commission
adopt Ordinance #2003-13, approving this proposed annexation for the Ocoee Commons
Property, Project # AP-02-02-01, subject to execution of the Ocoee Commons PUD
Development Agreement.
Attachments: Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Annexation Feasibility Analysis
Ordinance N 2003-13
0:\Staff Reports\2003\SR03027 CC doc
Ocoee Commons PUD Annexation and PUD Land Use Plan Case #AP-02-02-01
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City of Ocoee
Annexation and Feasibility Analysis
Case Number& Name: AP-02-02-01 &AP-02-02-01A/Ocoee Commons PUD
ibis 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 bebw.
I. PLANNING DEPARTMENT Thomas Grimms, AICP
A. Applicant(sl Ustler/Fagan, Inc.
236 Pasadena Place
Orlando, FL 32803 407-841-
3266
B. Property Location
1. General Location On the northeast quadrant of the intersection
Blackwood Ave. and Clarke Road.
2. Parcel Identification Number: 17-22-28-6144-07-170, 17-22-28-6144-07-190,
17-22-28-6144-07-230, 17-22-28-6144-07-210
20-22-28-0000-00-025, 20-22-28-0000-00-028
3. Street Address: 10201 West Colonial Drive
904 Maine Street
3333 Maine Street
4. Size of Parcel(s): 65.29 acres
C. Use Characteristics
1. Existing Use: Vacant (partially wooded)
2. Proposed Use: As mixed use; including single family, multi-family,
office and commercial retail
3. Density/Intensity: Floor area ratio—3.0
4. Projected Population: Unknown
D. Zoning and Land Use
1. Orange County Future Land Use: Commercial (per JPA Future Land Use Map)
2. Orange County Zoning: A-1 "Citrus Rural District"
3. Existing Ocoee Future Land Use: Commercial (per JPA Future Land Use Map)
4. Proposed Ocoee Zoning: PUD
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
1
City of Ocoee
Annexation and Feasibility Analysis
Case Number& Name: AP-02-02-01 &AP-02-02-01A/ Ocoee Commons PUD
II. FIRE DEPARTMENT Chief Ron
Strosnider
1. Estimated Response Time: 3-4 Minutes
2. Distance to Property: 1.5 Miles— Fire Station #1
3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330'
spacing) 1,200 gallons per minute
III. POLICE DEPARTMENT Chief Steve Goclon
1. Police Patrol Zone/Grid/Area: South /33 (Health Central)/32
2. Estimated Response Time: 8.4 minutes (average)
3. Distance to Property: 3.5 miles
4. Average Travel Time 4.6 minutes
IV. ECONOMIC VALUE Thomas Grimms, AICP
1. Property Appraiser Taxable Value: $ 194,141
2. Property Appraiser Just Value $ 1,139,765
3. Estimated City Ad Valorem Taxes: Unknown at this time
4. Anticipated Licenses & Permits: To be determined at site plan approval.
5. Potential Impact Fees: To be determined at site plan approval.
6. Total Project Revenues: Unknown at this time
V. BUILDING DEPARTMENT Bruce
Dunford
1. Within the 100-year Flood Plain: A very significant portion of the property is in Zone
"AE"trending in an east-west direction, with a defined
floodway area. There also is a small portion of Zone
Zone "AE"— Special Flood Hazard Area inundated by
100-Year Flood.
Zone "X"—Areas of 500-Year flood; areas of 100-
year flood with average depths of less than 1 foot or
with drainage areas less than 1 square mile; and
areas protected by levees from 100-year flood.
VI. UTILITIES Jim Shira, P.E.
2
City of Ocoee
Annexation and Feasibility Analysis
Case Number& Name: AP-02-02-01 &AP-02-02-01 A/Ocoee Commons PUD
A. Potable Water
1. In Ocoee Service Area: Yes
2. Can City Service Area: Yes
3. Extension Needed: Yes, north on Montgomery Ave. to Turnbuckle
4. Location and Size of On the north side of State Road 50 - 12" water main;
Nearest Water Main: On the west end of Blue Spruce Drive — 12" main;
On the east end of Crooked Creek Drive— 12" main;
On the south end of Montgomery Road—8" main
5. Development Agreement Needed: Yes
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. Can City Service Area: Yes
3. Extension Needed: Yes, to lift station #34
4. Location and Size of On the north side of State Road 50 - 12"force main;
Nearest Force Main: On the west end of Blue Spruce Drive— 12" main; On
the east end of Crooked Creek Drive— 12" main; On
the south end of Montgomery Road—8" main
5. Development Agreement Needed: Yes
C. Other
1. Utility Easement Needed: No, other than the usual easements along property
boundaries, but if the streets are not public roads then
an easement over the City owned utilities would be
required.
2. Private Lift Station Needed: This is dependent upon gravity feed to Lift station #
34 or a possible new City owned lift station to feed
#34.
3. Well Protection Area Needed: No
4. Re-use Water Dry lines will be laid during development, with re-use
water supplied at some future date.
VII. TRANSPORTATION • • Terry James, AICP
1. Paved Access: Yes, from State Road 50; from Crooked Creek Drive,
from Blue Spruce Drive, from Montgomery Road
2. Row Dedication: No
3. Traffic Study: Yes
4. Traffic Zone: 616
VIII. PRELIMINARY CONCURRENCY EVALUATION Thomas Grimms, AICP
A. Transportation: At the time of the analysis, sufficient roadway capacity existed to
accommodate the proposed annexation. This condition may change and will
be subject to an official concurrency evaluation during the site plan approval
process.
3
City of Ocoee
Annexation and Feasibility Analysis
Case Number& Name:. AP-02-02-01 &AP-02-02-01A/Ocoee Commons PUD
B. Parks & The City has an estimated population of 27,246 as of April, 2002. There is
Recreation: sufficient capacity to add 26,256 residents, for a total of 53,500 residents,
without exceeding the adopted LOS of 4 acres of park land per 1,000
residents. The City is not expected to reach this population level until at least
the Year 2010.
C. Water/Sewer: At the time of the analysis, sufficient sewer and water capacity existed to
accommodate the proposed annexation. This condition may change and will
be subject to an official concurrency evaluation during the site plan approval
process.
D. Stormwater: The applicant will be required to handle stormwater retention on-site.
E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to
accommodate the proposed annexation. This condition may change and will
be subject to an official concurrency evaluation during the site plan approval
process.
F. Impact Fees: Please contact the Planning Dept. for an impact fee estimate. Actual impact
fees will be calculated during the site plan approval process.
IX. SITE SPECIFIC ISSUES All Departments
None.
X. DEVELOPMENT AGREEMENT All Departments
Major Issues Addressed:
• Limiting certain commercial uses
• impact Fee Credits
• Roadway improvements
• Roadway Dedications
X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms, AICP
• This is a voluntary annexation. The property owner(s) have petitioned the City of Ocoee
to annex the property. The property is contiguous to the City boundaries and
reasonably compact, per 171.044 Florida Statutes.
• The property is within a county enclave. The Legislature encourages the annexation of
enclaves to avoid significant problems in planning, growth management, and service
delivery, per 171.046 Florida Statutes.
4
ORDINANCE NO.2003-13
(Annexation Ordinance for Ocoee Commons PUD)
TAX PARCEL ID#s 17-22-28-6144-07-170
20-22-28-0000-00-025
20-22-28-0000-00-028
CASE NO. AP-02-02-01 OCOEE COMMONS PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 67.65 ACRES LOCATED AT THE NORTHEAST
CORNER OF THE INTERSECTION OF STATE ROAD 50 AND
BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID
ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, have
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex said real property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee,Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement (the "JPA Agreement")which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
006.285688. -1-
consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property; and
WHEREAS, the owners of the property to be annexed have requested that the
annexation of the property not become effective until such time as a copy of a recorded deed is
delivered to the City evidencing the conveyance of the property to the property's contract
purchaser; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as
an accommodation to the owners and the contract purchaser.
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE,FLORIDA,AS FOLLOWS:
Section 1. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
Section 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City of Ocoee,Florida:
SEE EXHIBIT"A"(METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
Section 4. A map of said land herein described which clearly shows the annexed area is
attached hereto and EXHIBIT"B" and by this reference is made a part hereof.
Section 5. The Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA
Agreement, and the Ocoee City Code.
Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
006.285688. -2-
Section 7. The City Clerk is hereby authorized to update and supplement official City
maps of the City of Ocoee, Florida, to include said land herein described and annexed.
Section 8. The land herein described and future inhabitants of said land herein described
shall be liable for all debts and obligations and be subject to all species of taxation, laws,
ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges
and benefits as other areas of the City of Ocoee, Florida.
Section 9. 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 10. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 11. This Ordinance shall take effect upon the delivery to the City of a copy of
a recorded deed evidencing the conveyance of the property to be annexed. Thereafter the City
Clerk is hereby directed to attach a copy of said deed to this Ordinance and to file a certified copy
of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of
Orange County, Florida and with the Florida Department of State within seven (7) days from the
effective date. In the event a deed of conveyance for the property to be annexed is not delivered
to the City by ninety (90) days of the date this Ordinance is adopted, then this Ordinance shall be
null and void and of no further force and effect.
006.285688. _3"
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED AND
THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2003.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF , UNDER
,2003 AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
006.285688. _4_
EXHIBIT"A"
SKETCH OF DESCRIPTION
DESCRIPTION
Begin of the East 1/4 corner of Section 20, Township 22 South, Range
28 East, Orange County, Florida per Certified Corner Record 16415;
thence S00'27"27"W along the East line of the Southeast 1/4 of said
Section 20 and the centerline of vacated B.C. Terry Road, a distance of
1989.09 feet to Southeast corner of the North 1/2 of the Southeast
1/4 of the Southeast 1/4 of said Section 20; thence N89'09"40"W along
the South line of said North 1/2 of the Southeast 1/4 of the Southeast
1/4, a distance of 996.55 feet to the Northwest corner of the East 1/2
of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4 of
said Section 20; thence S00'23'10"W along the West line of the said
East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast
1/4, a distance of 599.28 feet to a point on the North right of way
line of State Road No. 50; thence N89'23'37"W along said North right of
way line, a distance of 331.93 feet to the Southeast corner of Lake
Bennet Centre as recorded in Plot Book 35, Pages 126 and 127, Public
Records of Orange County, Florida; thence N00'21 '46"E along said Eost
line, a distance of 1272.01 feet to a point on the centerline of Maine
Street as shown of the Plat of "Town of Ocoee" and recorded in Plot
Book "A", Pages 100 and 101, Public Records of Orange County, Florida;
thence N88'48"49"W along said centerline, a distance of 38.48 feet to a
point on the Southerly extension of the Westerly right of way line of
California Avenue; thence N00'38'39"E along said Westerly right of way
line, o distance of 1366.73 feet to a point on the Westerly extension of
the Northerly right of way line of Geneva Street; thence S88'21 '09"E
along said Northerly right of way line a distance of 1364. 13 feet to the
point on the East line of the Northeast 1/4 of aforesaid Section 20;
thence S00'27'27"W along said East line of the Northeast 1/4 a
distance of 30.01 feet to the Point of Beginning.
Contains 67.628 acres or 2,945,899 square feet more or less.
0U6.285688. -5-
EXHIBIT "B"
Ocoee Commons PUD Annexation and PUD Land Use Plan Case#AP-02-02-01
Location Map
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Ocoee Cammuniy Development 1/If,
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LEGEND J — — ' 1
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IM Subject Property J�,.,iii
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City of Ocoee `� •
I Unincoporated Territory \ ti'�w ,�eot
and Other Municipalities a '� p,
Lakes and Water Bodies
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006.285688.