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Home My WebLink AboutVII(B1 a-b) First Reading of Ordinance Equimax Realty, Inc., Annexation & Initial Zoning -,17.1111 Agenda 11-04-2003 Center of Good Li Item VII B1 a&b Mayor �,�,e i Commissioners S. Scott Vandergrift . °� Danny Howell, District 1 ,._,--cot-- Scott Anderson, District 2 Rustytole Johnson, District 3 Manager City Jim Gleason '"'"""""' Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Terry L. James, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Community Development Director DATE: October 24, 2003 SUBJECT: Equimax Realty, Inc. Annexation and Initial Zoning Case#AR-01-07-01 Ordinance#2003-46—Annexation (First Reading) Ordinance#2003-47— Initial Zoning (First Reading) ISSUE: Should the Mayor and City Commissioners adopt Ordinance#2003-46 and Ordinance# 2003- 47, approving the annexation and initial zoning of P-S "Professional Offices and Services" for the Equimax property? BACKGROUND: Parcel Identification Number. 31-22-28-0000-00-008 Property Size: 0.67 acres General Location: The subject property at 924 Maguire Road is located approximately 550 feet north of the intersection of Maguire Road and Roberson Road on the west side of Maguire Road. (See attached Location Map.) Actual land use, proposed land use. unique features, and plan consistency of the subiect property: The subject property has single story residential structure with two carports and three sheds. The applicant indicates the proposed use will be offices. There are no unique features on the property. The property is designated "Professional Offices & Services" on the Ocoee Future Land Use and the Joint Planning Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning classification of"Professional Offices&Services". This initial zoning is consistent with the Ocoee Comprehensive Plan/Future Land Use Map and the JPA Land Use Map designations. City of Ocoee • Planning Division • 150 N. Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3157 • fax: (407) 905-3158 • www.ci.ocoee.fl.us The Honorable Mayor and City Commissioners October 24,2003 Page 2 of 3 The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction/Future Orange County/ Professional City of Ocoee/ Professional Land Use Offices & Services Offices & Services Classification Jurisdiction/Zoning Orange County/Citrus-Rural City of Ocoee/ Professional Classification (Agriculture) Offices & Services (P-S) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND CURRENT ZONING USE North Orange County/ Orange County/ Professional Office Citrus-Rural East Ocoee/Commercial Ocoee/PUD-Commercial South Orange County/ Professional Orange County/ Office Citrus-Rural West Orange County/ Professional Orange County/ Office Citrus-Rural CONSISTENCY WITH STATE AND 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 requested annexation is not an enclave and such annexation would not result in an enclave being created. 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. This annexation will not require a comprehensive plan amendment per Subsection 8-B of the JPA Agreement and is consistent with the JPA Agreement per Subsection 6-D. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee- Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. 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...." DISCUSSION: The subject property has a Land Use designation of "Professional Offices & Services" on the Joint Planning Area Land Use Map and the adjacent properties are also designated "Professional Offices & Services". The Honorable Mayor and City Commissioners October 24,2003 Page 3 of 3 The applicant has petitioned the City to give an initial zoning designation to the subject property of "Professional Offices & Services". This requested zoning designation "Professional Offices & Services" is compatible and consistent with the City's Future Land Use designation and is consistent with the development character of the surrounding properties situated along this arterial roadway. Annexation Feasibility& Public Facilities Analysis Report: Based upon the projected impacts of the proposed office use and size of the parcel, Staff determined that the City could adequately provide a range of urban services to the subject property. Should the property owners choose to develop the property in the future; however, they may be required to make certain improvements. Assessed Valuation: The 2002 assessed valuation is $ 72,059. In conclusion, the proposed annexation is a logical extension of the City limits, urban services can be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use Classification and initial zoning is consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning is also consistent and compatible with the surrounding properties. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On September 16, 2003, the Development Review Committee (DRC) met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended the annexation of the Equimax property. PLANNING &ZONING COMMISSION RECOMMENDATION: At their October 14, 2003 meeting, the Planning & Zoning (P&Z) Commission reviewed the application for Annexation and Initial Zoning from Equimax Realty for the property located at 924 Maguire Road. During the public hearing the applicant reiterated his request and indicated he was available for questions. There were no other speakers on this agenda item. The Planning & Zoning Commission then recommended to the City Commission approval of the Equimax annexation and initial zoning according to the DRC and Staff recommendation. STAFF RECOMMENDATION: Based on the DRC recommendation and the subsequent P&Z recommendation, Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt Annexation Ordinance # 2003-46 and Initial Zoning Ordinance # 2003-47 for the Equimax property located at 924 Maguire Road. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility&Public Facilities Analysis Ordinance#2003-46 Ordinance#2003-47 \\Police_firel\PLANNING\Staff Reports\2003\SR03104 CC.doc Equimax Location Map , --1 . ,— . E " _.►. 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CJ to o o c U aa) = m _c c c 0 0 .a) O a) m a, O p a) 2) c m (n 0 ca o)O In (n cn 0 cA O M 2 a z U occ0,5 0 0 -J 2 2 D 0 0 N 111 1r; CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AR-03-02-03 APPLICANT NAME: EQUIMAX REALTY PROJECT NAME: EQUIMAX BUILDING 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. !. PLANNING DEPARTMENT Terry James,AICP A. Applicant/Owner 1. Owner (if different from Applicant): B. Property Location 1. General Location: The subject property is located approximately 550 feet north of the intersection of Maguire Road and Roberson Road on the west side of Maguire Road. Maguire Road is classified as an arterial roadway in the Comprehensive Plan. 2. Parcel Identification Number: 31-22-28-0000-00-008 3. Street Address: 924 Maguire Road 4. Size of Parcel: 0.67 acres C. Use Characteristics 1. Existing Use: Vacant/abandoned single family home. 2. Proposed Use: Offices 3. Density/Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Professional Offices & Services 2. Orange County Zoning: Citrus-Rural 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: Professional Offices & Services (P-S) E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 1 minute 2. Distance to Property: '/a mile 3. Fire Flow Requirements: Will meet fire flow requirements; the closest fire hydrant is approx. 1/4 mile northeast of the property on the westside of Maguire Rd. Page 1 of 3 • Applicant Name:Equimax Project Name:Equimax Case#:AR-03-02-03 III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid/Area: 32/115 2. Estimated Response Time: 1 minute from the Police/Fire Station located in the northern section of the Plantation Grove Shopping Center 3. Distance to Property: 1/4 mile 4. Average Travel Time 1 minute IV. ECONOMIC VALUE Terry James,AICP 1. Property Appraiser Taxable Value: $47,059 2. Property Appraiser Just Value $ 81,503 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. V. BUILDING DEPARTMENT Terry James,AICP 1. Within the 100-year Flood Plain: No, not according to the Figure 4: Landscape Associations and 100 Year Floodplains in the Future Land Use Element of the Comprehensive Plan VI. UTILITIES David Wheeler, P.E. I A. Potable Water 1. In Ocoee Service Area: Within the Utility Service Boundary 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes, across Maguire from the eastside to the westside site location. 4. Location and Size of 12 inch main on the eastside of Maguire Rd. Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Within the Utility Service Boundary 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes, across Maguire from the eastside to the westside site location. 4. Location and Size of 12 inch force main on the eastside of Maguire Rd. Nearest Force Main: 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name:Equimax Project Name:Equimax Case#:AR-03-02-03 VII. TRANSPORTATION Terry James,AICP 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: Yes 4. Traffic Zone: TAZ 630 VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James,AICP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a— non-residential use. B. Parks/Recreation: At the time of this analysis, sufficient water/sewer capacity existed to C. Water/Sewer: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments None X. CONSISTENCY WITH STATE REGULATIONS: Terry James,AICP This parcel is not within an Orange County enclave. Page 3 of 3 ORDINANCE NO. 2003-46 TAX PARCEL ID#31-22-28-0000-00-008 CASE NO. AR-03-02-03: EQUIMAX REALTY, L.L.C. ANNEXATION 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 ACRES LOCATED APPROXIMATELY 550 FEET NORTH OF THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or 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 approximately 0.67 acres of property as more particularly described in Exhibit"A"hereto, 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 as subsequently amended (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 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 006.299599.1 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. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: Section 1. Authority. 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. Petition. 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. Annexation. 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. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT"B"and by this reference is made a part hereof. Section 4. Consistency Finding. 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 5. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 7. Liability. 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. -2- 006.299599.1 Section 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. 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 10. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Thereafter the City Clerk is hereby directed 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. 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 ,2003. THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY ,UNDER This day of , 2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney -3- 006.299599.1 EXHIBIT "A" Legal Description The North 100 feet of South 560 feet of East 330 feet of Southeast 'A of Northeast 'A of Section 31, Township 22 South, Range 28 East, Less the East 40 feet for road right of way, Orange County,Florida. -4- 006.299599.1 EXHIBIT"B" Equimax Location Map A* n HEAD' .g;GRE=N z l RGR — f ii IF \ 1 luc �R:E 4 '- iiiiw . fit- /41/111111111 . I. i . rn ir 11111 II. r , PAN Pat WW1 El -1,..,4 in 01 um : ici- alto .0111;p4aill :, — II liMilliii . = , i ARIIII g i _±_, r - MANGROVE BAY � AUG & •• — C RANQ ESHL ��siir 'AF ni�� a Ga I 1 L_ I,,,,,UI . so a� 1 ■ 1 moon, I j 4' iort i t, A A, a 9 i=I III Si NI @ER5ON mOGLE Ulle /ii ______4_ 0 L ' -5- 006.299599.1 ORDINANCE NO.2003-47 TAX PARCEL ID#31-22-28-0000-00-008 CASE NO. AR-03-02-03: EQUIMAX REALTY, L.L.C. ZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "SINGLE FAMILY DWELLING" TO OCOEE P-S "PROFESSIONAL OFFICES AND SERVICES" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 0.67 ACRES LOCATED APPROXIMATELY 550 FEET NORTH OF THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 0.67 acres of property, as more particularly described in Exhibit "A", from Orange County R-1 "Single Family Dwelling", to Ocoee P-S "Professional Offices and Services"; and WHEREAS, the rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended(the "Ocoee Comprehensive Plan"); and WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended(the"JPA Agreement"); and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS,pursuant to the provisions of Section 6(B)of the JPA Agreement,the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, on October 14, 2003, the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved; and 006.299647.1 WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission 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. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 0.67 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County R-1 "Single Family Dwelling", to Ocoee P-S "Professional Offices and Services": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT"B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. 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 take effect immediately upon the passage and adoption. 006.299647.1 2 PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE ADVERTISED ,2003. CITY OF OCOEE,FLORIDA.APPROVED READ FIRST TIME ,2003. AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED This day of , 2003. ,2003, UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.299647.1 3 EXHIBIT"A" Legal Description The North 100 feet of South 560 feet of East 330 feet of Southeast 1/ of Northeast 1/4 of Section 31, Township 22 South, Range 28 East, Less the East 40 feet for road right of way, Orange County,Florida. 4 006.299647.1 EXHIBIT"B" Equimax Location Map J FA1 ,; .. . .w_g mord , Pr _ , .. w n . 4 SRI 0GctiREIEK i 4.11W IS 7., * ,,, li 1111., . , ,- '- -; lig: Ito cos .:!..t S L t CA 31 ii -AM MI 11E . �k MANGROVE BAY' PoRTgUG,, & n„ C RAIIGESHRE Fie 42- AF�y 06,. L? MIMI, �i ISA1 it irAi ipiJ r e ROBERSON ` M06R6 r 0 11. �1 1 006.299647.1 5