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HomeMy WebLinkAbout06-12-2007 Agenda PacketMayor S. Scott Vandergrift City Manager Robert Frank PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) June 12, 2007 I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held May 8, 2007 III. OLD BUSINESS IV. NEW BUSINESS A. Glad Tidings Assembly of God Church PUBLIC HEARING 1. Special Exception Amendment B. Thomas Property 1. Annexation 2. Rezoning C. Oak Level Heights 1. Annexation 2. Rezoning D. Pioneer Key Regional Pond 1. Annexation 2. Rezoning V. MISCELLANEOUS A. Project Status Report B. June Calendar VI. ADJOURNMENT O:\P & Z\Agendas\2007\May 8, 2007 P & Z Agenda.doc PUBLIC HEARING PUBLIC HEARING PUBLIC HEARING Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel Keller, District 4 7:00 PM Principal Planner Fabre Principal Planner Rumer Principal Planner Rumer Principal Planner Rumer 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 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us ITEM NUMBER II. A. Minutes of the Planning and Zoning Commission Meeting held on May 8, 2007 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MAY 8, 2007 CALL TO ORDER Chairman West 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 West, Vice Chair Golden, Members Campbell, Conkling, Dillard, McKey, Morris, and Sills. Also present were City Attorney Palmer, Community Development Director Wagner, Senior Planner Howell, Principal Planner Fabre, Principal Planner Rumer and Deputy City Clerk Sibbitt. ABSENT: Member Rhodus was absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, April 10, 2007. Member Campbell, seconded by Member McKey moved to accept the Minutes of the April 10 2007 Planninq and Zoninq Commission meeting. Motion carried unanimously. OLD BUSINESS None NEW BUSINESS MEADOW RIDGE COMMERCIAL — FINAL SUB, PLAN/FINAL SITE PLAN Senior Planner Howell stated the subject property is approximately 8.52 acres in size and is located at the southeast corner of the intersection of Maguire Road and Moore Road. The proposed site plan is comprised of 7 buildings totaling approximately 91,051 square feet in area, and consists of uses ranging from a bank, retail, restaurant, and offices. The Meadow Ridge Commercial subdivision will be accessed via five access points that consist of a right -in from Maguire Road, two points along Moore Road that consist of one right-in/right-out, and one full access approximately 150-feet to the east, and two full access points along Jordan Rose Avenue. Jordan Rose Avenue has been constructed as an access road to service the Meadow Ridge residential subdivision. Planning and Zoning Commission Regular Meeting May 8, 2007 The Lot Layout Plan indicates all lots except for lots 1 and 7 will be condominiums, or will be under individual ownership with leaseable space. Lot 1 will consist of building area, parking area, and associated landscaping. Lot 7 will be comprised of building area, and a portion of a drive aisle that will pass under an enclosed breezeway that will connect two sides of the proposed building. Common parking and landscaping for Lots 2-7 will be provided in a separate tract that will be owned and maintained by a yet to be established Property Owners Association. An easement will be dedicated to the Property Owners Association to allow for maintenance of the portion of the landscape buffer that will be provided on the bank site. The developer has proposed a seating area in the center of the site that will be comprised of benches, a trellis, Live Oak trees, Ligustrum trees, and a fountain with pavers around the perimeter. Additionally, Italian Cypress trees will be provided in the middle of the boulevard entrance that will lead into the center of the site from Maguire Road. The developer has proposed a Mediterranean architectural theme that is consistent with the surrounding developments in the area. Architectural embellishments such as tile roofs with peaks, and arches that will be provided over several entrances will help to complement the theme the developer is attempting to establish with this project. The most significant architectural feature that the developer is proposing is an enclosed breezeway that will connect two portions of the building that is proposed on Lot 7. Vehicular and pedestrian traffic will be able to pass under this breezeway to reach other areas of the site. The proposed lot layout depicted on the Final Subdivision / Final Site Plan is in a different configuration that was depicted on the PUD plan, but does not conflict with the approved uses for each lot in the approved PUD. Lot 154 is now Lot 1, and is proposed to be developed as a bank, which is a permitted use of the PUD. The remaining lots have been combined into one lot and are proposed to be developed as a mixed use development, which is strongly encouraged in the Land Development Code. The applicant has been notified that they have the option of amending the PUD ordinance at a later date to be consistent with the proposed reconfiguration of the lots and uses on the site. The applicant has requested five waivers from the requirements of the Land Development Code. The applicant has justified all waiver requests by dedicating 12-feet of right-of-way along the portions of the property that abut Moore Road and Maguire Road, and by providing amenities including a trellis in the seating area in the center of the site, and Italian Cypress trees that will line the boulevard entrance leading into the site from Maguire Road. 2 Planning and Zoning Commission Regular Meeting May 8, 2007 The first waiver that is being requested is to Section 6.4.G of the Land Development Code. This section of the Land Development Code requires a total of 368 parking spaces to be provided on the site. The applicant has requested a reduction of this requirement to allow 325 parking spaces to be provided on site. The second waiver that is being requested is to Section 6.14.C(1)(a) of the Land Development Code. This section of the Land Development Code requires buildings to be setback at least 35-feet along secondary roads and 25-feet along local roads. The Land Development Code considers Moore Road a secondary road, and Jordan Rose Avenue a local road. The applicant has requested a reduction of these setbacks to 25-feet* along Moore Road and 15-feet along Jordan Rose Avenue. (*It was later discovered that the staff report was incorrect and the setback along Moore Road was actually 15-feet). The third waiver that is being requested is to Section 6.14.C(2)(b) of the Land Development Code. This section of the Land Development Code requires a 25- foot wide landscape buffer along primary and secondary roads. The applicant is requesting a waiver to this requirement to allow a reduction of this buffer to 15-feet in width along the portions of the property that abut Moore Road and Maguire Road. The fourth waiver that is being requested is to Section 6.14.C(5)(c) of the Land Development Code. This section of the Land Development Code requires all ground signs to be setback at least 10-feet from the right-of-way. The applicant is requesting a reduction of this requirement to allow the proposed ground sign along Moore Road to be setback 5-feet from the right-of-way. The fifth waiver that is being requested is to Section 6.14.C(1)(b) of the Land Development Code. This section of the Land Development Code requires outparcel lots to be a minimum of 1 acre in size. The applicant is requesting a waiver to this requirement to allow all 7 lots that are proposed to be less than 1 acre in size. The applicant has requested a waiver to this requirement since the development is proposed as a condominium. The future owners will either own the building, or a portion of the building. A waiver from this requirement of the Land Development Code allows the only method of creating the condominium. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) met on May 1, 2007, and reviewed the Final Subdivision / Final Site Plan. The applicant was notified of outstanding concerns on the plans from the Planning Division, the Engineering Department, and the Legal Department. No additional concerns were addressed, and DRC voted unanimously to recommend approval of the Final Subdivision / Final Site Plan date stamped May 2, 2007, and all five waiver requests, subject to the 3 Planning and Zoning Commission Regular Meeting May 8, 2007 satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the Final Subdivision / Final Site Plan for Meadow Ridge Commercial, and all five waiver requests subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. DISCUSSION Chairman West asked for the planner to please explain the fifth waiver. Senior Planner Howell stated the code requires a minimum lot size of 1 acre and the only way the applicant could do the condominium project was to get a waiver. Vice Chair Golden inquired if the Land Development Code needed to be revised to deal with future office condominiums. Community Development Director Wagner stated it is hard to anticipate what an applicant is going to ask for but he feels that this particular waiver process is the easiest one. Usually the one acre requirement is for out parcels but for a plan like the one being presented it is already accounted for. He further stated they will see more plans like this in the future but he does not think they would change the code until they at least have a little more experience with them. Member Conkling inquired about the signage and if it would be consistent with what they currently see. Community Development Director Wagner stated that with this project, the 15-foot setback on Moore Road to allow a 10-foot wide sign required the 5-foot waiver. He further reminded the board that the applicant is dedicating 12-feet of additional right-of-way. Member Morris inquired about the lot size. Community Development Director Wagner stated they could have split the area up into some very odd shaped 1 acre parcels and have met the code, but they decided to do things in the simplest way possible. All surrounding driveways and parking will be available with the exception of the pad being vacant. Member Campbell stated that the applicant is asking for an 11 % reduction in parking and inquired with the possibility of restaurants if they foresee any issues with parking. Community Development Director Wagner stated this was brought up with the applicant and since the retail is in the front and all offices in the back they felt that the heavy use of the retail and restaurants would most likely be in the evening when the offices would be closed. Member Sills inquired about joint parking spaces and if the tenants would be sharing parking spaces. David Evans, Evans Engineering, Inc., addressed Mr. Sills question by stating that there will be some parking spaces in the front of the building area that will need to be possibly signed and they will also have to meet ADA requirements. S Planning and Zoning Commission Regular Meeting May 8, 2007 There will be a parking field between the front two lots and the back five lots that will be created for shared parking during the evenings for retail/restaurants. A brief discussion ensued regarding landscaping, outdoor lighting, and the 12-foot right-of-way. The Public Hearing was opened for the Meadow Ridge Commercial — Final Sub. Plan/Final Site Plan. As no one wished to speak, the Public Hearing was closed for the Meadow Ridge Commercial — Final Sub. Plan/Final Site Plan. Member McKey stated he appreciates the work the staff and developers did but with about 2,000 homes on both sides of Maguire Road he feels they should have made the area pedestrian friendly instead of concentrating on hiding the parking spaces, which he feels people driving by will not be noticing. He further stated a 12-foot sidewalk would have been nice for pedestrians and bicyclist with the open area used for festivals and gatherings. For future development he feels they should go in the direction of a village area rather than a shopping parking space. Vice Chair Golden, seconded by Member Sills, moved to recommend approval of the Final Subdivision / Final Site Plan for Meadow Ridge Commercial, and all five waiver requests subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. Also recommend to the City Commission that there shall be no additional conditions of any restrictive parking other than handicap parking within the commercial subdivision. Motion carried unanimously. OCOEE PINES PUD — LAND USE PLAN/REZONING/PRELIMINARY SUB. PLAN Principal Planner Fabre stated the subject property is located east and south of the Forest Lake Golf Course and is approximately 101 acres of land. The property is currently vacant, wooded and undeveloped. On August 8, 2006, the property was re -platted under Orange County jurisdiction as "Ocoee Pines". This plat dedicated essential right-of-way for the future Clarcona-Ocoee Roadway realignment. Subsequently, the subject property was also incorporated into the corporate boundaries of the City of Ocoee on November 7, 2006. The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre. The Preliminary Subdivision Plan proposes 189 single- family residential lots and 154 townhome units with associated infrastructure. As a result, the PSP as presented has a total of 343 dwelling units which does not Planning and Zoning Commission Regular Meeting May 8, 2007 exceed the underlying land use density cap. The maximum gross residential density is approximately 3.37 dwelling units per acre. The PUD Land Use Plan and PSP includes the realignment of Clarcona-Ocoee Road consistent with the City of Ocoee Comprehensive Plan and Orange County roadway improvements plans. The Ocoee Pines LUP & PSP will have two (2) access points into the site; both will utilize the new Clarcona-Ocoee Road realignment. A Development Agreement will eventually accompany the PUD Land Use Plan for approval and execution by the City Commission. The Conditions of Approval specified in the Land Use Plan form the basis of the proposed Development Agreement. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) reviewed the Ocoee Pines PUD Land Use Plan and the Preliminary Subdivision Plan on May 1, 2007. There were some minor technical issues to be addressed from the City Attorney, Engineering Department and Planning Division that were identified in written staff comments and presented verbally. A Condition of Approval was collectively agreed to be added to the Plans to address this issue. The COA will state that a formal agreement on this new boundary line will be resolved prior to submission of the Final Subdivision Plan. All other issues were discussed and all changes to the Plan were agreed upon. After discussion was completed, the DRC voted unanimously to recommend approval of the Ocoee Pines PUD Land Use Plan and the Preliminary Subdivision Plan, subject to the changes discussed being made to the plans prior to the Planning & Zoning Commission. STAFF RECOMMENDATION Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of rezoning the property from Orange County Agricultural "A-V to City of Ocoee "PUD" based on the Land Use Plan, and further recommends approval of the Preliminary Subdivision Plan as date stamped received by the City on May 2, 2007, subject to incorporating the COA as discussed at DRC and any remaining comments from City Attorney's Office and the City Engineering Department prior to the City Commission meeting. DISCUSSION Member Campbell inquired about the two lots in the middle of the parcel. Principal Planner Fabre stated the two lots will be condemned by the City and will be used for public uses and annexed into its corporate limits. City Attorney Palmer added that the lots are small lots and the developer could not track down the owners of record. He further stated this is reflected in the Annexation Agreement. 261 Planning and Zoning Commission Regular Meeting May 8, 2007 Chairman West inquired as to what is the timeline on the Clarcona-Ocoee Road realignment. Community Development Director Wagner briefly gave a history of the road and stated he hopes it will be open by the time they start building homes. As part of this project two lanes will be there. Member Morris inquired about the property line dispute and how it is going to be worked out. Community Development Director Wagner stated it will not be easy and they currently have three surveyors working on the issue of the property line. The resolution is that the developer has offered to give 15-feet of an adjoining platted road right-of-way to the Golf Course. Vice Chair Golden stated he is having a problem with the tree survey and inquired why the sand pines and some of the other trees were not shown on the tree survey. Wendell Stafford, representative for the applicant, stated the sand pines are listed as not protected species and they are going to put a significant amount of street trees, live oaks, and hardwood trees as well as under story trees in the open space area. He stated what is out there now has been pretty heavily damaged by the hurricanes and he does not feel they have very good survivability when they start doing grading. The Public Hearing was opened for the Ocoee Pines PUD Land Use Plan/Rezoning and Preliminary Subdivision Plan. As no one wished to speak, the Public Hearing was closed for the Ocoee Pines PUD Land Use Plan/Rezoning and Preliminary Subdivision Plan. Member Campbell, seconded by Member Dillard, moved to recommend approval of rezoning the property from Orange County Agricultural "A- I" to City of Ocoee `PUD" based on the Land Use Plan, and further recommends approval of the Preliminary Subdivision Plan as date stamped received by the City on May 2 2007, subject to incorporating the COA as discussed at DRC and any remaining comments from City Attorney's Office and the City Engineering Department prior to the City Commission meeting. Motion carried 7-1 with Vice Chair Golden opposing. THORNEBROOKE RELIEF ELEMENTARY SCHOOL — SPECIAL EXCEPTION Principal Planner Rumer stated the proposed Thornebrooke Relief Elementary School is located on the east terminus of Tomyn Boulevard, north of the Cross Creek Subdivision, and west of the Florida Turnpike. The subject property is approximately 13.51 acres in size, zoned C-3 (General Commercial), and is currently vacant. The property was purchased by the Orange County School Board in 2004 with the intentions of building a relief school. The school will be Planning and Zoning Commission Regular Meeting May 8, 2007 constructed as a two-story classroom building with play fields and paved parking and driveways. The school's exterior colors will consist of a beige and terra cotta color that is cohesive with the multiple -family development to the west. DEVELOPMENT REVIEW COMMITTEE On May 1, 2007, the Development Review Committee (DRC) met to discuss the Special Exception for Thornebrooke Relief Elementary School. Jay Klima, the applicant, was present at the meeting. The DRC discussed the School Board working in good faith to develop a site plan that is cohesive with the City of Ocoee's Land Development Code with respect to landscaping, shielded lighting fixtures with light poles painted black, and fencing painted black. The DRC also discussed keeping the open areas of the campus open for public access and use during non school hours. The applicant stated that it should not be a problem since they have included these provisions in other schools located within the city. The DRC then tied the proposed improvements to the approval of the special exception for the applicant. The DRC recommended the Planning & Zoning Commission recommend approval of the special exception application for Thornebrooke Relief Elementary subject to the following conditions: A. The Orange County School Board (OCSB) will work in good faith to develop a site plan that is cohesive with the City of Ocoee's Land Development Code with respect to landscaping, shielded lighting fixtures with light poles painted black, and fencing painted black. B. The City of Ocoee staff will have the opportunity to review the construction plans for the site prior to commencement of construction and the School Board will consider all comments in good faith. C. The OCSB will provide any necessary utility easements to the City of Ocoee. D. The OCSB will enter into an agreement with the City of Ocoee for use of recreational facilities and open space by the City of Ocoee Parks and Recreation Department. E. The OCSB will work with the city on the transfer of ownership of the pond to the City if it is mutually beneficial to both parties. STAFF RECOMMENDATION 0 Planning and Zoning Commission Regular Meeting May 8, 2007 Based on the above analysis, the proposed use is not anticipated to be in conflict with the surrounding land uses. Staff recommends that the Planning and Zoning Commission recommend approval of the Special Exception for Thornebrooke Relief Elementary School subject to the DRC recommended list of conditions. DISCUSSION Chairman West inquired if public use meant that anyone could use the facilities or would they have to go through the City's Recreation Department. Principal Planner Rumer stated both would apply. Member McKey inquired if there was signalization out there now. Community Development Director Wagner stated there is one on Tomyn Blvd. and there will also be a traffic signal at the Wesmere entrance, which will actually be the school cross location for the Wesmere children. Member Sills inquired about the black fencing and if it is in the Code that any fencing has to be black if visible from the street. Community Development Director Wagner stated that he is correct and any existing fencing out there now unfortunately does not have to be painted or replaced. The Public Hearing was opened for the Special Exception for Thornebrooke Relief Elementary School, As no one wished to speak, the Public Hearing was closed for the Special Exception for Thornebrooke Relief Elementary School. Member Dillard abstained from voting due to the company he currently works with having been involved with the construction of Thornebrooke Elementary and he is not sure what their status is with the Thornebrooke Relief Elementary School Project. _Member McKey, seconded by Vice Chair Golden, moved to recommend approval of the Special Exception for Thornebrooke Relief Elementary School subject to the DRC recommended list of conditions. Motion carried 6-0 with Member Dillard abstaining due to voting conflict. ADJOURNMENT The meeting adjourned at 8:11 p.m. M Planning and Zoning Commission Regular Meeting May 8, 2007 Attest: Melanie Sibbitt, Deputy City Clerk APPROVED: Milton West, Chairman ITEM NUMBER IV. A. Glad Tidings Assembly of God Church Special Exception Amendment Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: Planning & Zoning Commission FROM: J. Antonio Fabre, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Community Development Director Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 DATE: June 6, 2007 RE: Glad Tidings Assembly of God Church/Special Exception and Preliminary Site Plan for Special Exception Project # 2-06-SE-008 ISSUE: I�j Should the Planning & Zoning Commission recommend approval of the Glad Tidings Assembly of God Church/Special Exception and Preliminary Site Plan for Special Exception? BACKGROUND: Glad Tidings Assembly of God Church is proposing to increase their existing Special Exception use to include an additional vacant parcel (3.495 acres) that they acquired adjacent to the subject church (8.965 acres) property. The existing 12,000 square feet church facility is located on the north side of Fuller's Cross Road, approximately 750 feet east of Ocoee -Apopka Road. The total subject property is approximately 12.46 acres in size, zoned R-1A (Single -Family Dwelling). The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Low Density Residential Single -Family Dwelling R-1 A Vacant, undeveloped property East Commercial Commercial (PLID) Vacant,(City of Ocoee Crown Point South Low Density Residential Single -Family Dwelling R-1AA) Vacant, site of the proposed Eagle Creek Residential PUD West Low Density Residential Orange County Agricultural A-1) Single Family Residence The applicant submitted a site plan detailing the phasing of an expansion of their existing church facility. Upon submission of the site plan, the applicant was notified that a Special Exception is required for the additional land, and that the Special Exception is required to be obtained prior to final site plan submittal. June 12, 2007 Planning and Zoning Commission Page 2 DISCUSSION: The applicant has submitted a Special Exception with a Preliminary Site Plan detailing the construction and phasing of additional church facilities. For Phase II (Phase I is existing), the site plan consists of a two-story 34,000 square feet (footprint 20,000 square feet) school and office building addition expanding the rear of the existing church structure. This phase will also include a 5,380 square feet play area for the children and associated additional parking. For Phase III, the plan illustrates a 5,000 square foot office building addition expanding the front of the existing church structure. The ultimate build -out (Phase IV) will consist of a 26,000 square feet Church Sanctuary addition expanding to the east on the acquired land. The applicant will be dedicating 20 feet of additional right-of-way along Fuller Cross Road as part of this approval. It should be noted that Tract "B" which is the eastern half of this right-of- way dedication has the following stipulation (COA#2) with its dedication. "In the event the Owner is required to make a proportionate fair -share payment in accordance with the requirements of Section 9-9 (Proportionate Fair -Share Mitigation of Development Impacts on Transportation Corridors) of the Ocoee Land Development Code, or is otherwise required to contribute monies to the City towards the cost of constructing any off -site improvements to mitigate transportation impacts resulting from the development of the Property, then, in consideration of the conveyance of Tract B to the City, the City will credit towards such payment the fair market value of Tract B, as of the date on which the City Commission approved this Special Exception." A traffic impact study will be required for as part of the Phase II development for the entire build - out scenario as previously agreed upon. Furthermore, an additional 12 feet of right-of-way will be dedicated if the Traffic Study warrants it. All developments shall integrate on -site circulation, access points, shared access, and cross -access among adjoining projects per Land Development Code. Therefore, this project also provides for joint -access easements among the adjoining properties. The Land Development Code defines Special Exception as a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. (Emphasis added). In accordance with Section 4-8.B. (2) of the Land Development Code, the proposed use must be considered in relation to the compatibility with the surrounding land uses. As previously mentioned, the predominate adjoining land use to the east is commercial. The rest of the surrounding land use is either vacant or large lot residential. Church and child care facilities are compatible with either commercial or residential uses, and are generally located in close proximity to commercial areas. Based on this, the use is anticipated to be compatible with the surrounding uses in the proposed location. Additionally, the proposed use is not anticipated to: • Violate the health, safety, welfare, and/or convenience of those working or owning land in the vicinity of the proposed use or structure • Impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service standards June 12, 2007 Planning and Zoning Commission Page 3 • Result in noise, odor, glare, vibration, or other similar characteristic which is detectable at the property line and which exceeds the level which will result from permitted uses • Prevent an adjoining landowner from the legal use of his property pursuant to the Land Development Code • Violate a requirement of limitation of any applicable state or federal law or regulation • Exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings • Create a fire hazard DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on May 29, 2007 and reviewed the Special Exception application and Preliminary Site Plan. There were several minor technical issues to be addressed from the City Attorney's Office and Planning Division that were identified in written staff comments and presented verbally. All of the issues were discussed and a few minor changes to the plans were agreed upon. When the discussion was finished, the DRC voted unanimously to recommend approval of the Special Exception for Glad Tidings Assembly of God Church, subject to the applicant making changes specified in the reports. These changes were made and shown on the plans date stamped received June 4, 2007. However, three items were not properly addressed; the following items are: • Revising Condition of Approval #5 to actually reflect the agreed upon language outlined in the staff review comments (Planning Division dated May 29, 2007) "Left turning lanes at each project entrance shall be provided based on the Phase II traffic analysis at the sole cost of the developer."; • The additional road right-of-way should be label Tract "A" and "B" accordingly as referenced on Condition of Approval #2. • Indicate total square footage for Phase II (20,000 square feet footprint + 14,000 square feet for 2nd floor) 34,000 square feet. STAFF RECOMMENDATION: Based on the above analysis, Staff recommends that the Planning and Zoning Commission recommend approval of the Glad Tidings Assembly of God Church/Special Exception and the Preliminary Site Plan for Special Exception subject to incorporating the three items mentioned above before the City Commission Meeting. Attachments: Location Map; FLU Map; Zoning Map; Aerial Map; Special Exception Site Plan date stamped June 4, 2007 O:\Staff Reports\2007\SR07043_JAF_GladTidings_SE_P&Z.doc Immokolee FlneSond SOILS MAP �ko tc2� . Uti 3MUCTL TOP.M. 3 YGPm111.55 Nw sNv!w9,63 SE. INV-110.25 RETENTION POND WATER ELEV,490,P4 OATEN SNI7-2004 OCOEE GLAD TIDINGS SJI WMD permit No. 40-09.5-87044 I 0642.284000.M056 ZONED-PUD operations. _ v Parking on the entrance way road and any extension thereof is prohibited, Compliance with all applicable laws, rules, regulations and requirements of public authority, with respect to the use and maintenance of the entrance roadway is required. ' ►,.' A Sow 915260 - . X0014 _66"giteod, Morlda 327914260 CERT. OF AUTH. NO. 8272 .. 1. RIM REMAINDER OF PARCEL,10.' 06-22-26-0000-00-063 NOMCLLIDED ORLANDO EAST -WEST EXPRESSWAY LIMITED ACCESS RIGHT OF WAY RETENTION POND EXIST. RETENTION AREA lid Development Plan submittal Project Name - Ocoee Glad Tidings Assembly of God, Inc. Total. Acres = 12.460 Acres Owner of Record - Ocoee Glad Tidings Assembly of God, Inc® Applicant - Ocoee Glad Tidings Assembly of God, Inc, Rev. Gary B. Howell P.O. Box 189 Ocoee, Florida 34761 Property Address - 2009 Fullers Cross Road Parcel I.D. Number - 06-22- 8-0000-00-012 Surveyor - Geomarks Land Surveyors, Inc.. 2902 SU Blvd. Orlando, Florida 32817-251 407-673-0808 fx* 07-673-0710 Engineer - R.H. Wilson & Associates P.O. Box 915260 Longwood, Florida 32791-5260 407-682 052 fx. 407-682-3841 IOOYR. Flood Elevation- Not Located Onsite Flood Zone " " Panel No. 12095 C 0210 E 12/0h12000 Conseryntron Zones'- Not Located Onsite 'vegetative Type - Grass with Trees as Shown on Plans Main Access Road - Fullers Cross Road 22' Pavement Width Site Landscape will be in Accordance with the adopted City of Ocoee Land Development Code. A Min. 10 foot landscape buffer is required between adjacent tracts. This buffer shall be planted with (2) shade tree's per 100 linear feet of property line and (3) under°story tree's per 100 linear feet. L CITY CODES AND SPECIFICATIONS ARE TO BE ADHERED TO FOR PERMITTING PLANS T PSP & FINAL ENGINEERING SUBMITTALS. DEVELOPMENT PROPOSAL IS CONCEPTUAL AND SUBJECT TO FINAL SITE PLAN APPROVAL, NO FINAL SITE PLAN APPROVALS ARE BEING GRANTED BY VIRTUE OF THIS SPECIAL EXCEPTION, Easement PICAS I/PARCEL I - SJRWMD Permit No. 40-095-87044-1 A-0jech i 1 1i1: Title of Page: Ocoee Glad SIT PI.AN F Inc.Assembly of God, SPECIAL EXCEPTIONSignature: 4 006111 r� Sheet I - Special Exception Sheet 2 - motes: Conditions of Approval for Special Exception Sheet Preliminary Large Scale Plan Sheet 4--Colored Phasing Plan 1 MEM Date q WW i � I IME, 12191LA1 NO. 5 LEFT TURN LANES FOR PHASE 11 ENTRANCE SHALL BE PROVIDED BASED ON THE TRAFFIC STUDY ANALYSIS AT THE SOLE COST OF THE DEVELOPER. NO. 6 Site Landscape will be in Accordance with the adopted City of Ocoee Land Development Code. A Min. 10 foot landscape buffer is required between adjacent tracts. This buffer shall be planted with (2) shade tree's per 100 linear feet of property line and (3) understory tree's per 100 linear feet. NO. 7 DEVELOPMENT PROPOSAL IS CONCEPTUAL AND SUBJECT TO FINAL SITE PLAN APPROVAL. NO FINAL SITE PLAN APPROVALS ARE BEING GRANTED BY VIRTUE OF THIS SPECIAL EXCEPTION. ACTUAL LAYOUT MAYBE REVISED DURING PERMIVRNG SUBMITTALS. NO. 8 ALL CITY CODES AND SPECIFICATIONS ARE TO BEADHERED TO FOR PERMITTING PLANS AT PSP 4k FINLL-FItt�,T-ft I. T R= -14101AR41 1 11W4941 04 it" A ?I of Is M&IM 202 a W1 Mal= 2 PKI rdy =a UM la LW= g] we I 11LOLOM h,11 cal Us w1han & ameclafes ph. 407682-40512 MGWW Date.- 050907 PIT/1-ch Title of Page: PA. Box 915260 rhwengr @ earthlink.net ft. 407-682-3841 ft Ocoee Glad Tidings CONDITION OF APPROVAL FOR h Bongwood, Marlda 3,2791-9,260 CERT. OF AUTH. NO. 8272 MeAth: RHW c5effle.- 1 = 100' Assembly of God, Inc. SPECIAL EXCEPTION Signature: CONDITIONS OF APPROVAL: For Speciat Exception fflxl To the extent a traffic study indicates the need for additional turn lanes, then within thirty (30) days of a request by the City, the Owner will dedicate and convey to the City by warranty deed -free and clear of all liens and encumbrances except for those matters acceptable to the City such additional turn lane right of way land as the City may request (the "Turn Lane Land"). The 'rum Lane Land will be in. addition to any other right of way property conveyed to the City. The formof the warranty deed shall be sul�ject to the approval of the City. The Owner shall, contemporaneously with the dedication and conveyance of the Turn Lane Land to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance, evidencing that fee, simple title to the Turn Lane Land is fTee and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Turn, Lane Land, including the cost of title work, shall be borne, solely, by the Owner, 'Real property taxes on the Turn Lane Land shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated arnount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November I and December 31, then the Owner shall be responsible for the real property taxes for the entire year. Neither the Owner, its successors and assigns, nor any other person shall be entitled to road impact fee credits or any other compensationin connection with the conveyance of the Turn Lane Land to the City. To the extent the Turn Lane Land is actually conveyed to the City, the required width of the landscape buffer to be located adjacent to the Turn Lane Land shall be reduced from 25 feet to 1, 5 feet. The Owner will dedicate and convey to the City by warranty.dee d,frep and clear of all liens and encumbranceg except for those matters acccptak le-46.' die City two (2) 20' wide additional right of Yay -pttrcels add ace nt t6 Fl,itlers Cross Road. such parcels being zidcrttifiedas "Tract A",Ind "",r.kact B" on thiT Plan. -Ro,"At Llmd"), The florl'" of tko �t to t w! of tho cfty. The ONMmet ,varr�aity died halt be hC appro -,,vfth the dedicevionand of" the ROW pi,�P4nt,,VA` fide';,' Jq r and: T"W" i f K .11"NZ zl-w e, r - Rzzi pirorn.,rve, ta'x�,-s 01.1 111!(�, Yon V=Tc! cn-- thv an-munt o� t=%h prop Ln� putti and azwl i-,, dri ol, Hbi'l, KCAV Umd, C'Jt,r- jj vw1, pAymen't its accordimce %ith the requirernents ut (Proportionate Fair -Share Mitigation of Development Impacts on 1, Transportation Corridor) of the Ocoee Land Development, Code, or is otherwise required to contribute monies to the City towards the cost ' ,of constructing, any off -site improvements to mitigate transportaii9nitn" .pacts, resulting ftoxn the development of the Property, theft, in cohaideratipwof the convcyance of tract B to the City, tho City will credit toWrife 'such payrnent the fair tmarlwt valtie ofl'nact B, as of the date on which thp City Cwrv,rJ,9,qd�ar1 jj(Wod this Spa, iw' r:�',xcer,+6,50. 14`hrZf'-Au"t kmcl b- nqc«c-1-0,=,X-z proc-�,,duz-�-` 9-9(`- "A" o her o t, - aymenou in mail -tic-,i vCir no-xl 16 Mly 1. Delay Sidewalk Construction leading from main building to Fullers Cross Road until Phase 11 2, Delay Sidewalk Construction along the width of the Property fronting Fullers Cross Road until Phase 11. 34 installation of Tree's that are 2.4 5 DBH instead of the required 3.511. 4. Postpone traffic study analysis until Phase Il of the development and do any turn lane construction that is recommended by the traffic analysis in conjunction with the Phase II Engineering plans. Mantild 6H. 6W11.1U1T. M.S. Aije. We. 9?10 19 Date REMAINDER OF PARCEL ID: 06-22-28-000-0-663 NOTINCLUDED :Xz4L.;9�1W# 6 Lklcr—V EXPRESSWAY VmITED ACCESS RIGHT OF WAY REIENTION POND IN) Denotes Exist. Conditions Denotes Prop, Conditions "BONED -PUD 050907 h, 40 61 0,,VW 050907 50 Jih. 407-682-403, g)rtntw: (3ww Revision 40 8 wilJon & aJJVc1a1e4 40t-682-3841 gr Oq t c5awle-.. it, 50' (Q. Mew, 918,2460 rhwen earthlinkmet H 0 ADMOM RHW UT -0,mrduawd, Xtfrtda 32791-3260 CERT. OF AUTH. O. 8272 10'Buffer PARCEL ID , .5V Site Landscape will be in Accordance with the adopted City of Ocoee Land Development Code. A Min. 10 foot landscape buffer is required between adjacent tracts. This buffer shall be planted with (2) shade tree's per 100 linear feet of property line and (3) understory tree's per 100 linear feet. ZONED -RJAA DEVELOPMENT PROPOSAL IS CONCEPTUAL AND SUBJECT TO FINAL SITE PLAN APPROVAL, NO FINAL SITE PLAN APPROVALS ARE BEING GRANTED BY VIRTUE OF THIS SPECIAL EXCEPTIOX fflowald FSignature-. -114C. W0. 9110 SHEET 3 -7 Title of Page: X. P Ocoee G-lad Tidings le Large Scale Signature: Assembly of God, Inc. Prel. Phas,7ingg Plan IM REMAINDER OF PARCEL RCEL ID: 06-22-28-0000-00"063 NOT INCLUDED 'i LARGE SCALE PRELIMINARY SITE PLAN PHASE I EXISTING CHURCH AREA = 12,000 S,F ' PHASE 11 PROPOSED SCHOOL and OFFICE AREA = 20,000 S,F. PHASE III - PROPOSED FUTURE DFFECE AREA = 5,000 S.r, PHASE IV - PROPOSED FUTURE CHURCH EXPANSION AREA = 26,000 S,F, + or ALLOWED IMPERVIOUS AREA = 70% of Total Site PROVIDED IMPERVIOUS AREA = 59% or Total Site MAXIMUM BUILDING HEIGHT = 35 Peet PARKING REQUIRED - CHURCH I Space for every 4 seats PARKING REQUIRED - OFFICE I Space For every 200 SF, PARKIWI SPACE SIZE 10' x 20'/9' x 18' w/ 3' overhang min, Handir-Qp 12' x 20' Paved with 5' Striped IsLe, REQUIRED BUILDING SETBACKS; Front = 35' Side 10, Rear 2C' ALL CITY OF OCOEE CODES AND SPECIFICATIONS ARE TO BE ADHERED TO FOR PERMITTING PLANS AT PSP AND FINAL ENGINEERING, PHASE I - EXISTING RETENTION AREA PHASE 11 EXISTING RETENTION AREA PHASE III PREPOSED RETENTION AREA PHASE IV PROPOSED RETENTION AREA RETENTION VOLUME REQUIRED FER PHASE III AND IV: 4" Over the Entire Area with no discharge, 4,11 Acres x 4,0' div, by 12"/Ft, = 1,37 Ac,/Ft, Requared RETENTION VOLUME PROVIDED FDR PHASE III AND PHASE IV: Bottom Area --- -3' Depth = 11,500 S,F, Top/Weir = 0,0' = 24,450 S,F, 24,450 S,f--, + i1,500 S,F, x 0,5 Avg, = 17,975 Avg, S,F 17,975 Avg, S,F, x 3' Depth = 53,925 C,F, or 1,27 Ac,/Ft, PreUminary - May be larger aFter sons stu&es at PSP and Final Engineering Denotes Exist. Conditions Denotes Prop, Conditions 6'Wide Sidewalk r' F-- PARCEL ID: Site Landscape will be in Accordance with the adopted City of Ocoee Land Development Code. A Min. 10 foot landscape buffer is required between adjacent tracts. This buffer shall be planted with (2) shade tree's per 100 linear feet of property line and (3) understory tree's per 100 line feet. I ph. GWW 012506 Title of Page. ra w1ben & aJJvrv1a1eJ ft. 407-682-3841 kicoee Glad Tidings P. C9. X-few 915260 rliwengr Cc� earthlil*.net c5colle. tf Assembly of God, Inc. Large Scale h .0cngtifecod Wup-lder 32791-8260 -emigu. RRW I = 50' Prel. Site Plan CERT. OF AIJTH. NO. 8272 9= ------------ .9hyllaid0l. 6101hope, M.69. A%fe. PY(r. .9r/0 ZONED - RIAA 7 ITEM NUMBER IV. B. Thomas Property Annexation Rezoning Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT DATE: June 5, 2007 Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 TO: The Planning & Zoning Commission FROM: Michael Rumer, Principal Planner79�< THROUGH: Russ Wagner, AICP, Community Development Director Al" SUBJECT: Thomas Property Annexation/Rezoning AX-04-07-07 ISSUE: Should the Planning & Zoning Commission recommend approval of the Annexation and Rezoning of the Thomas Property parcel? BACKGROUND: General Location: The subject property is located on the east side of Lauren Beth Avenue, 600 feet south of the intersection of Clarcona Ocoee Road and Lauren Beth Avenue. Parcel Identification Numbers: 04-22-28-0000-00-024 Parcel Size: 18.69 +/-acres Actual land use and unique features of the subject properties: The parcel is currently vacant; however, the proposed use is for one single-family home. The property contains wetlands and 100 year flood prone area. 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 the parcels on the north, south, and east sides are located within the Ocoee City limits. An existing parcel located adjacent to the subject parcel would not be made an enclave since the parcel across Lauren Beth Avenue is located in the limits of unincorporated Orange County. Joint Planning Area Agreement: The subject properties are located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the properties to A-1 (General Agriculture). 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. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us Rezoning: The applicant has requested a City of Ocoee zoning designation of A-1 (General Agriculture). 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 "Conservation / Floodplains". The A-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential and Conservation / Floodplains, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. 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..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that urban services could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") 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. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On June 4, 2007, the 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 approval of the annexation and rezoning of the Thomas Property parcel as presented. 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 18.698 +/- acres of land known as the Thomas Property parcel, and rezoning to "A-V General Agriculture. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map 2005 Aerial Annexation Feasibility Analysis Report O:\Staff Reports\2007\SR07042_MWR_ThomasProperty_AX&RZ_PZ.doc Page 2 of 2 Ocoee Community Deu Department 1 inch equals 740,340633 feet 250125 0 250 500 750 Fey Thom" �Property Annexabon �stjoouoOnq Zoning Map ///, Unclassified C CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-04-07-07 APPLICANT NAME: Kirt Thomas PROJECT NAME: THOMAS PROPERTY This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. PLANNING DEPARTMENT Michael Rumer A. Applicant/Owner 1. Owner (if different from Applicant): Kirt & Elizabeth Thomas B. Prooertv Location 1. General Location: East side of Lauren Beth Avenue, 600 feet south of the intersection of Clarcona Ocoee Road and Lauren Beth Avenue. 2. Parcel Identification Numbers: 04-22-28-0000-00-024 3. Street Addresses: 2149 Lauren Beth Avenue 4. Size of Parcels: 18.69 Acres C. Use Characteristics 1. Existin Use: Vacant 2. Proposed Use: Single -Family Residence 3. Density / Intensity: Unknown 4. Projected Population: 3 D. Zoning and Land Use 1. Orange County Future Land Use: JPA Land Use Map -Low Density / Conservation & Flood Plains 2. Orange County Zoning: A-1 (Citrus Rurual) 3. Existing Ocoee Future Land Use: Low Density Residential/Conservation & Flood Plains 4. Proposed Ocoee Zoning: A-1 (General Agriculture) E. Consistent 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-4 Minutes 2. Distance to Property: Station 2 (Clarke Rd) is appox. 2.5 miles 3. Fire Flow Requirements: 750 gpm III. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone / Grid / Area: Zone 1 / Grid 118B 2. Estimated Response Time: 6 Minutes Page 1 of 3 IV. Applicant Name: kirt Thomas Project Name: Thomas Property Case #: AX-04-07-07 3. Distance to Property: 3.15 miles 4. Average Travel Time 8 minutes ECONOMIC VALUE Michael Rumer 1. Property Appraiser Taxable Value: $234,759 2. Property Appraiser Just Value $234,759 3. Estimated City Ad Valorem Taxes: $4,210 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: $13,665.64 as proposed with well and septic, 19,387.64 if water and sewer is made available. 6. Total Project Revenues: $17,875.64 plus permit fees V. BUILDING DEPARTMENT Michael Rumer 1. Within the 100-vear Flood Plain: I Yes VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes, Applicant will not be required to extend. 4. Location and Size of Nearest Water Main: 14" Water main on Nicole Blvd C Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes, Applicant will not be required to extend. 4. Location and Size of Nearest Force Main: 12" Gravity located south on Nicole Blv. 5. Annexation Agreement Needed: No Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 C Vill Applicant Name: kirt Thomas Project Name: Thomas Property Case #: AX-04-07-07 TRANSPORTATION Michael Rumer 1. Paved Access: Yes, cold mix paving 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analysis Zone: 561 . PRELIMINARY CONCURRENCY EVALUATION Michael Rumer 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 When developed, the property will consist of one single-family residence. X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ITEM NUMBER IV. C. Oak Level Heights Annexation Rezoning Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT DATE: June 5, 2007 Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 TO: The Planning & Zoning Commission FROM: Michael Rumer, Principal Planner - THROUGH: Russ Wagner, AICP, Community Development Director rl SUBJECT: Oak Level Heights Annexation/Rezoning AX-04-07-06 / RZ-07-04-07 ISSUE: Should the Planning & Zoning Commission recommend approval of the Annexation and Rezoning of the Exclusive Homes - Oak Level Heights parcels? BACKGROUND: The ± .60 acre subject parcel consists of lots 3, 4, & 5 of Block B, Oak Level Heights, platted in 1925. The subject properties are located on the south side of Clarcona Ocoee Road, at the southwest corner of the intersection of Clarcona Ocoee Road and Angola Street. Lots 3, 4, & 5 were platted at 55 feet wide by ±155 feet in depth for an average of 8,525 square feet. Lots 3 and 5 are vacant. Lot 4 contained a single-family residential dwelling built in 1944 which has been demolished within the past year. The lots are currently zoned A-1 (Agriculture) in Orange County. On March 1, 2007, the Orange County Board of Adjustment approved variances on lots 3 and 5 to construct single-family residences on the substandard lots. The variance approvals permitted a lot width of 55 feet in lieu of 100 feet and lot sizes of 8,525 feet in lieu of 21,780 square feet. The applicant intended to obtain potable water from wells and use septic systems for sewer, but would require a variance from the State Department of Health because of separation requirements of 75 feet in between well and septic systems. By annexing into the City of Ocoee, the applicant can connect to the City's water service which would exclude the septic systems from meeting the 75 foot separation requirement. The application to annex lots 3, 4, & 5 originally included the request to annexation lots 1 & 2 as well. A convenient store is located on lots 1 &2 that uses well and septic for water and sewer. The convenient store's existing well would not meet the required 75 foot separation distance from any septic system on lot 3. The applicant and owner of the convenient store property worked out a deal that the applicant would pay for the annexation, water meter and hook-up charges if the convenient store lot owner would agree City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us to annex into the City of Ocoee. The convenient store would then abandon the well making the separation from any new proposed septic tank not an issue. Staff and the DRC committee had a challenging time deciding how to incorporate the convenient store into the City of Ocoee with regards to annexation. The store is currently considered legally non- conforming in Orange County because it is operating as a commercial business in an agricultural zoning district. The future land use designation of low density residential does not permit a commercial zoning within the City of Ocoee. Thus, a land use amendment would be required in order to properly zone it commercial. Also, the site lacks adequate space for parking and safe access for entering and exiting the facility. The DRC committee did not like the idea of annexing a non -conforming use; so the committee referenced Section II B. (4) of the City of Ocoee Sewer and Water Service Policy which states: "If the DRC is not interested in pursuing annexation of the land, then the landowner may at its option, either (a) withdraw the petition for annexation in which case no further action or proceeding will be required to obtain sewer and water service from the City, or proceed with the annexation." The DRC approved the annexation of lots 3, 4, & 5 with the condition that the convenient store lots not annex, but be allowed to connect to water service. The convenient store property owner agreed to withdraw the application for annexation and would like to connect to the City's water service (see letter attached). CONSISTENCY WITH STATE & LOCAL REGULATIONS: Rezoning: The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Recreation and Open Space City Park Golf Course East Low Density Residential A-1 (Orange Count Single -Family Dwellings South Low Density Residential A-1 (Orange Count Single -Family Dwellings 11 West I Low Density Residential I A-1 (Orange Count Single -Family Dwellings The applicant has requested a City of Ocoee zoning designation of R-1 (Single -Family Dwelling). According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential". The R-1 zoning designation permits a lot size of 7,000 sq. ft. with a minimum width of 70 feet. The lots proposed for annexation exceed the lot size requirement but do not meet the minimum width of 70 feet. Annexation of the property will be subject to approval of an annexation agreement waiving the lot width requirement in order for the lots to be built upon without variances. The applicant is proposing to meet the front, side, and rear setback requirements of the district. The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. 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..." Page 2 of 3 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 the parcel across Clarcona Ocoee Road to the north (Forest Lake Golf Course) is located within the Ocoee City limits. Joint Planning Area Agreement: The subject properties are located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the properties to R-1 (Single -Family Dwelling). 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. DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that urban services, specifically water service could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") 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. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On June 4, 2007, the 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 approval of the annexation and rezoning of the Oak Level Heights parcels as presented. 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 .60 +/- acres of land known as the Oak Level Heights, and rezoning to "R-1" Single - Family Dwelling, subject to the applicant entering into an annexation agreement which would waive the provisions of Section 5-10 (B) of the Land Development Code. Attachments Location Map Surrounding Future Land Use Map Surrounding Zoning Map 2005 Aerial Annexation Feasibility Analysis Report Proposed Site Plan Letter from Convenient Store Copy of Plat Section 5-10 (B), City of Ocoee Land Development Code Page 3 of 3 Oak Level Heights Annexation and Rezoning Location Map U) w Oaklevel heights Annexation & Rezoning -� *�* nd ling Zoh�00 VA, D 1 'inch equals 461,914250 feet 1 480 Feet Printed� month year O"ect Proper, CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-04-07-06 / RZ-07-04-07 APPLICANT NAME: EXCLUSIVE HOMES PROJECT NAME: OAK LEVEL HEIGHTS ANNEXATION 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 Michael Rumer A Appllcanyuwner 1. Owner (if different from Applicant): B. Property Location Exclusive Homes, Inc. (Lots 3&5) 1137 E. Plant Street Winter Garden, FL 34787 407-877-7722 ext. 208 Douglas Laman (Lot 4) 1137 E. Plant Steet Winter Garden, FL 34787 407-877-7722 ext. 208 1. General Location: South side of Clarcona Ocoee Road, at the southwest corner of the intersection of Clarcona Ocoee Road and Angola Street. 2. Parcel Identification Numbers: All parcels are contiguous: 05-22-28-6052-02-030 05-22-28-6052-02-050 05-22-28-6052-02-040 3. Street Addresses: 10618 Clarcona Ocoee Road Unnassigned Clarcona Ocoee Road Unnassi ned Clarcona Ocoee Road 4. Size of Parcels: +/- 0.6acres C. Use Characteristics 1. Existin Use: All three parcels are vacant. 2. Proposed Use: Single -Family Dwelling 3. Density/ Intensity: 4 Dwelling Units/Acre 4. Projected Population: 9 D. Zoninq and Land Use E. 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: A-1 "Citrus Rural' 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: R-1 Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes Page 1 of 3 Applicant Name: Exclusive Homes Project Name: Oak Level Heights Annexation and Rezoning Case #: Ax-04-07-06 / RZ-07-04-07 2. Comprehensive Plan: Yes FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 3-5 Minutes 2. Distance to Property: Distance from Station 2 (Clarke Rd & A.D. Mims) is 3.0 miles 3. Fire Flow Requirements: Fire flow is 750 gpm POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone / Grid / Area: Zone 2 / Grid 71 2. Estimated Response Time: 4 minutes for emergencies. 3. Distance to Property: Approx. 2 Miles 4. Average Travel Time 10 minutes normal drive time. IV. ECONOMIC VALUE 1 Pro orftr A raiser Taxable Value: $89,779 Michael Rumer 2. pp Property Appraiser Just Value $89,779 3. Estimated City Ad Valorem Taxes: $1,829 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: $31,660.28 6. Total Project Revenues: $33,489.28 + V. BUILDING DEPARTMENT Michael Rumer 1. Within the 100-year Flood Plain: No VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. Cit Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of Nearest Water Main: 8" WM on Clarcona-Ocoee Road C Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: No 3. Extension Needed: Yes 4. Location and Size of Nearest Force Main: Located at Adair and Licaria Street 5. Annexation Agreement Needed: Yes Page 2 of 3 Vil. C. Applicant Name: Exclusive Homes Project Name: Oak Level Heights Annexation and Rezoning Case M Ax-04-07-06 / RZ-07-04-07 Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: No 3. Well Protection Area Needed: Yes TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: N/A 4. Traffic Analysis Zone. 563 Vill . PRELIMINARY CONCURRENCY EVALUATION Michael Rumer At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks /Recreation: At this time, adequate water/sewer capacity exists; however, this condition C. Water / Sewer: may change and will be subject to a concurrency evaluation during the site plan approval process. Any extensions will be the responsibility of the applicant. N/A D. Stormwater: At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan approval process. Actual impact fees will be calculated during the site plan approval process. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments When developed, the property will be developed under the same requirements as other non -city owned properties. X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 N ,e o_ CLARCONA_OCOEE ROAD _ _ _ A EDGE OF PAVEMENT W ° Pf1OP c Ligustrum Hedge WATER METEIj. l0' EUCALYPTIM' TREE Q ---9 d' d ST 55.00' • [] E32.25' d LEVEL HEIGHTS, ACCORDING RECORDED IN PLAT BOOK CORDS OF ORANGE v LOT 6 0 n P o E BASED ON 0 2 OF CRING ONF OF D BEARING D RESTRICTIONS AGREEMENTS NOT THAT MAY AFFECT USE RIGHTS OF NEIGH. SHED IONS, FOUNDATION HAVE BEEN LOCATED O IN ACCORDANCE STANDARDS FOR FLORIDA BOARD D MAPPERS, ADMINISTRATIVE CODE. W INSURANCE TY - PANEL NUMBER EMBER 6. 2000 S LOCATED ASSUMED. I//FU1/2 R00 LBB6B16 6.0' NORTH F 4 Xa C NC. MON ,. LOT 1718 0 NUMBERT TWEELL 19CERTIFIED TO: EXIST. ELLEXcwslvE HOME IEq,ISTWEL BOR FEDERALPROVINCIAL TITLE, LFIDELITY NATIONAL TINOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL TOPOGR PHIC SURVEY RAISEDSEAL OF A FLO IDA LICENSED SURVEYOR AND MAPPER. Job No: Rey. Dote: Cadd File:Field Date:_ Date: E.fankin.Rev surveyor kR v. Date: Drawn By: florie. Ea�i.o-.M'.n Is— Rev. Dote: u Pn. — on.. Field By: 0d.— n.,M., oaeuField Sk/Pg: TM. (•o') �a.-eve ANCHAPTER WATER LINE B<CHINABERRY �°6' DAK EXIST°CONCRETEDREDAKI WAER LINE la• DAK °LEGALDESCRIPTION: °dSEPiICLOT },4 h S, BLOCK 'B", Oa(TO SEPTKSEPJIC.L',PAGE31 THE PIATTHEREOF, AS OF THE PUBUC RE`AREACOUNTY, FLORIDA. GARAGEGARAGE GARAGE NOTES: INGS SHOWN HEREON ARLOT SLOI3 TE SOUTH RIGHT-OF-WAY LINELOT�O�CSOiE ROAD, BEING AN ASSUMEPROP S.F.R. PROP S.F.R. RECORDS AND/OR PRIVATE �.THEREMAYBEEASEMENrsANF.F.E. 92.0' KOF S.F.R.IrCHINaBE F.F.E. 92FURNISHED RxpROPERTYRIGHTS TO THIS SURVEYOP.APROP S FT.le•F.F.�o92.0 AND/OR LAUD1531 THE LANDS SHOWN HEREON. t3EDR00M�FOOTINGSDOR IMPROOEMENTS �S0.FT.CHINABRx E%CEPTAS NOTD. aeROOM rHlsSURVEY WAS PERFORMETHE MINIMUM TECHNICAL SUS as SET FORTH BY THE2c,�2.S1.JOF PR SSIONAL SURVEYORS -Gt7, FLORIOA S. 6ASED J ii1E NAilOIJAL .L22' DAK 2? PROGRAM"FIMPP COMMUNIV'1 17 1 DATEDOECTHE ABOVE DESCRED PROPERTYIN 20NEN6. ELEVATIONS SHO ARE Np36' CAMPOR]6' DAK W 55.00' �J June 4th,2007 TO Mr. Michael Rumer City of Ocoee 15o N Lakeshore Drive Ocoee, Florida.34761 From Hansraj H Paleja Shree Nathji Inc 1213 Andes Drive Winter Springs, Florida, 32708 Reference: Oak Level Heights Annexation/Rezoning It was a pleasure talking to you this afternoon. You have helped me understand lot more. As per our conversation I was initially contacted by Exclusive Homes, Inc (copy of letter attached which does not mention anything about rezoning). Not realizing annexation will change use and property would rezone for different use until I received Notice of Public Hearing. Please accept this letter as a request for Shree Nathji Inc.(Lots1+2) to withdraw our request for annexation (dated March 30'h 2007) in to the city limits. We would like to continue under county instead of city. We request city of Ocoee to provide us with water service so we can remove well. Please accept our apology for inconvenient it has cause you. We do thank you for your cooperation in this matter. If you have any question do not hesitate to call me on my cell pone 321-689-6568 at any time. Hansraj Paleja (Presi t) Shree Nathji Inc OAK LEVEL HEIGHTS Scale" /inch =/00leef G7ESCR/PT/ON 10-1 Late, Jv/r /92S The Sf rs oftlle S!Y% of Section S. TZZS," E. ol7d Me /Yor/// % Acres of Section S. 7-22 S. Ronye28 East Cbeweis Certificate fngiweers Cerfif�care Stole of F/orido, Couwty of Orange State of F/arida, Covwty of 0iong2. Persona/fy appaa., d before me R.N Seegar ono' Coro B Seeyor, his wife, . ho beiwg duly'sworn personally appeared be fo t mo EE'White, Clwl z7,. depose or7d say:thot they ore the owners of the land descr/bed in the Caption and have authorized Ahatlhe plot hereow is aYL veaod corrvci rep e..e.�inton and accopted the Surrey and Subdi✓isioa os showw herecw, deal,?oknq A.Me /CCaavwa , o/l stivets os sho ew. desc,,,A d in the Caption and that f'e/nronenth'efere, Subscribed a�ad•sarorw to before .we Subscribed and swarw to before wrye this �•z day ofA.Q/925�,�^Q`C — tt/is e ( dayaj .1 [,G.T A D /9?5 oww (� f M 'Comeissioa Ezpiias Yotaiy Pu /iCfQG Ltl My Conrnrissrow Expiras ��'f�Lr � ownar wess 'UV Wl,rwess p h 25 h h Q U ti y hI o� 33� Z N 67 as' 0 A /0 9 8 7 6 S h 662/ n /2 /3 /4 /s /s 17 /a 19 ZO ,Z/ 2.2 9 SS' S Qs/a' 2 ND. 9 8 7 6 s h sal' h eu vn al, o0 So' F4 In 67.25' SS' '• •, •• 9 a % 6 b F /6 /7 iSi3' sS' AV E. ci.ss • ss' .. .. .. „ /O 9 e 7 6 ca.7' E) °j /2 IT ARTICLE V § 5-10.NONCONFORMING LOTS, USES OF LAND, STRUCTURES, PREMISES, AND CHARACTERISTICS OF USES. A. Intent. Within the zoning districts established by this Code or amendments hereof, there exist lots, structures, uses of land and structures which were lawful before this Code was passed or amended, but which would be prohibited under the terms of this Code or amendment hereof. These lots, structures, uses of land and structures shall be considered nonconforming, including telecommunications service facilities. It is the intent of this Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Code that nonconformities shall not be expanded or extended, nor shall existing nonconformities be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land shall not be extended or enlarged after passage of this Code. Nonconforming telecommunications service facilities shall be maintained and may be modified only as permitted in Section 5-19 of the Ocoee Land Development Code. To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Code, or amendment hereto, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to be placing of construction materials in permanent position, fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. B. Nonconforming Lots of Record. In any zoning district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which contains an area or width less than that required for the erection of a single-family residence in the district which is in separate ownership at the time of passage or amendment of these regulations, provided that yard dimensions and requirements not involving width or area of lot shall conform to the regulations for the district in which such lot is located. A single vacant lot, nonconforming as to area or width and of record at the time of passage or amendment of this Code, shall be construed as falling within the meaning of the provisions of the preceding paragraph even though an adjoining lot containing a principal building may be in the same ownership. If two (2) or more adjoining vacant lots, or combinations of vacant lots and portions of vacant lots, with continuous frontage and of record at the time of passage or amendment of this Code are in single ownership, and such lots individually are too small to meet the width or area requirements of the district in which they are located, such groups of lots shall be considered as a single plot or several plots of at least minimum size, and the plot or plots in one ownership shall be subject to the requirements of this ordinance as to lot area and width. 180.5.21 5-20-97 ITEM NUMBER IV. D. Pioneer Key Regional Pond Annexation Rezoning Mayor S. Scott Vandergrift City Manager Robert Frank DATE: June 5, 2007 .__-,.cI-__ . STAFF REPORT TO: The Planning & Zoning Commission FROM: Michael Rumer, Principal Planner�'� THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Pioneer Key Regional Stormwater Pond Annexation/Rezoning AX-05-07-08 ISSUE: Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Should the Planning & Zoning Commission recommend approval of the Annexation and Rezoning of the Pioneer Key Regional Stormwater Pond Parcel? BACKGROUND: General Location: The subject property is located west of Ocoee Apopka Road and north of Palm Drive. Parcel Identification Numbers: 18-22-28-0000-00-011 Parcel Size: 4.75 +/-acres Actual land use and unique features of the subject properties: The parcel currently is vacant. The City intends to use the parcel as a regional stormwater pond. 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 the parcel on the north, south, and east sides are located within the Ocoee City limits. 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. 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. City of Ocoee • 150 N Lakeshore Drive ■ Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us Rezoning Staff is requesting a zoning designation of C-2 (Community Commercial). The C-2 zoning designation is consistent with the adopted future land use designation of Commercial, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. 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..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that urban services could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") 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. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On June 4, 2007, the 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 approval of the annexation and rezoning of the Pioneer Key Regional Stormwater Pond parcel as presented. 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 4.752 +/- acres of land known as the Pioneer Key Regional Stormwater Pond parcel, and rezoning to "C-2" Community Commercial. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map 2005 Aerial Annexation Feasibility Analysis Report O:\Staff Reports\2007\SR07041_MWR_PioneerKey_AX&RZ_PZ.doc Page 2 of 2 Regional U StormwaterPond SO • • Zoning Map mm CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-07-03 / RZ-07-01-03 APPLICANT NAME: City of Ocoee PROJECT NAME: PIONEER KEY REGIONAL STORMWATER POND This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings arE summarized below. I. PLANNING DEPARTMENT Michael Rumer A. Applicant/Owner 1. Owner (if different from Applicant): City of Ocoee B. Property Location 1. General Location: Located west of Ocoee Apopka Road and north of Palm Drive. 2. Parcel Identification Numbers: 18-22-28-0000-00-011 3. Street Addresses: 340 Ocoee Apopka Road 4. Size of Parcels: 4.75 acres C. Use Characteristics 1. Existin Use: Vacant 2. Proposed Use: Regional Stormwater Pond 3. Density / Intensity: N/A 4. Projected Population: None D. Zoning and Land Use It. 1. Orange County Future Land Use: JPA Land Use Map -Low Density 2. Orange County Zoning: A-1 (Agricultural District) 3. Existing Ocoee Future Land Use: Commercial 4. Proposed Ocoee Zoning: C-2 (Community Commercial) consisienc 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-4 minutes 2. Distance to Property: 1 mile from Station #1 3. Fire Flow Requirements: Fire Flows 750 gpm POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone / Grid / Area: Zone 1 /Grid 81 2. Estimated Response Time: 2 Minutes 3. Distance to Property: 1.21 Miles 4. Average Travel Time 4 Minutes Page 1 of 3 Applicant Name: City of Ocoee Project Name: Pioneer Key Regional Stormwater Pond Case #: AX-05-07-08 IV. ECONOMIC VALUE Michael Rumer 1. Property Appraiser Taxable Value: I $0 2. Property Appraiser Just Value $193,325 3. Estimated City Ad Valorem Taxes: $0 4. Anticipated Licenses & Permits: $0 5. Potential Impact Fees: $0 6. Total Project Revenues: $0 V. BUILDING DEPARTMENT Michael Rumer 1. Within the 100-vear Flood Plain: I No VI. 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: 2" line on west side of property and a 6" water main on Palm Dr. 703 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: 8" force main on the north side of Palm Dr. 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 Michael Rumer 1. Paved Access: No 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analysis Zone: 547 Page 2 of 3 VIII Applicant Name: City of Ocoee Project Name: Pioneer Key Regional Stormwater Pond Case #: AX-05-07-08 . PRELIMINARY CONCURRENCY EVALUATION Michael Rumer 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 When developed, the property will serve as a regional stormwater facility. X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer The property is contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ITEM NUMBER V. MISCELLANEOUS A. Project Status Update B. June 2007 Calendar OAP & Z\Divider Sheets.doc Advance Auto Parts 151 N. Clarke Road All Smiles Dental 1148 Kelton Building Plans 05/24/07 Avenue Building Plans 05/31/07 Preliminary Arden Park South LS-2006-008 Subdivision Plan 12/14/06 Bhatta Lot Split 3420 Big Eagle Drive Plat 04/30/07 Center State Bank 1575 Silver Star Road Building Plans 03/12/07 CFI 2801 Old Winter Garden Road Building Plans 02/27/07 Preliminary Chateau Reserve LS-2005-017 Subdivision Plan 03/28/07 Citrus Medical/Siemian 1520 Citrus Medical Court Building Plans 05/30/07 Citrus Medical/Hettinger 1530 Citrus Medical Court Building Plans 05/30/07 Citrus Medical 3490 Old Winter Garden Road Building Plans 05/12/07 BH 2nd New Commercial Building DENIED on 05/30/07. RW 1st Wall Sign APPROVED on 05/31/07. AF 1 st Staff comments sent to applicant 03/26/07. AF 1st Plat DENIED on 05/30/07. BH 1 st Sign DENIED on 03/14/07. RW 1 st Electrical Revisions for Generator DENIED on 03/12/07. AF 2nd PEC staff comments due 04/23/07. BH 2nd New Commercial Building/Interior DENIED on 06/04/07. BH 2nd New Commercial Building/Interior DENIED on 06/04/07. BH 2nd Wall/Fence DENIED on 05/29/07. Current Project Status2.xls/Review 6/4/2007 1 of 11 Citrus Medical and Executive Office Park LS-99-014 Plat 11/16/06 BH 8th Plat DENIED on 03/28/07. Citrus Oaks Office Revisions to Center SS-2003-003 SSSP 01/17/07 AF 1 st Staff comments sent to applicant 02/05/07. Clearwire Colocation 2705 Rew Circle Building Plans 04/23/07 RW 1 st Slab/Cabinet/Antennas APPROVED on 05/30/07. Clearwire Colocation 499 W. Silver Star Road Building Plans 04/30/07 RW 1 st Add Slab, Cabinet & Antennas to Tower DENIED on 05/30/07. Coan Eye Care 10101 W. Colonial Drive Building Plans 05/07/07 RW 1st Monument Sign APPROVED 05/09/07. Cortez Inc 700 L F Roper Parkway Building Plans 05/24/07 AF 1 st Small Addition to Building. Darren Center AX-08-06-30 Annexation 02/20/07 AF 2nd Staff comments sent to applicant 03/29/07. Dobson's Woods & Small Scale Site Water, Inc. SS-2005-008 Plan 01/20/06 AF 2nd Staff comments sent to applicant 03/07/06. Eagle Creek of Ocoee RZ-05-08-06 Rezoning 05/07/07 BH 2nd Staff comments due 06/01/07. East Crown Point Townhomes AX-05-09-26 Annexation 12/05/06 AF 4th Staff comments sent to applicant 01/19/07. Exclusive Homes 751 Silver Star Road Building Plans 02/02/07 RW 1 st Dock Approved on 02/08/07. Exclusive Homes, Inc. VR-06-01 Variance 12/13/06 MR 1 st Staff comments sent to applicant 01 /23/07. Fountains West/Publix 301 West Road Building Plans 04/16/07 AF 2nd New Commercial Building DENIED on 05/01/07. Current Project Status2.xls/Review 6/4/2007 2 of 11 Fountains West - Halvorsen/Retail A 307 West Road Fountains West - Halvorsen/Retail C Building Plans 02/12/07 AF 295 West Road Building Plans 02/12/07 Preliminary / Fountains West - Final Site and Halvorsen LS-2006-009 Subdivision Plan 03/23/07 Freeman Preliminary Site Commerce Center LS-2006-006 Plan 11/14/06 Glad Tidings Church 2009 Fullers Cross Road Building Plans 05/10/07 Glad Tidings Special Church 2-06-SE-008 Exception 02/07/07 Small Scale Site Groundtek SS-2005-004 Plan 03/29/06 GTE Federal Credit Union Building Plans 05/15/07 Rezoning & Small Scale RZ-06-09-06 Comp Plan Health Central SSCPA-11-04-06 Amendment 11/17/06 Ingram Trails 2723 Pythgoras Circle Building Plans 04/19/07 Final Subdivision Ingram Estates LS-2005-001 Plan 03/26/07 AF AF AF 1 st New Commercial Shell Building DENIED on 03/14/07. 1 st New Commercial Shell Building DENIED on 03/14/07. 2nd Staff comments sent to applicant 06/04/07. 1 st Staff comments sent to applicant 12/20/06. RW 1st Monument Sign APPROVED on 05/11/07. AF 4th Staff comments given to applicant 05/29/07. P&Z 06/12/07. AF 3rd Staff comments sent to applicant 05/04/06. BH 2nd New Commercial Bank APPROVED on 05/25/07. AF 1st Staff comments sent to applicant 01/08/07. Lift Station. (NOT OCOEE - RETURNED TO BUILDING BH 1 st DEPARTMENT.) AF 4th Staff comments sent to applicant 05/14/07 Current Project Status2.xls/Review 6/4/2007 3 of 11 Ingram Trails 5824 Ingram Road Building Plans 05/17/07 AF 1st Gazebo APPROVED on 05/24/07. Ingram Trails LS-2005-009 Plat 09/18/06 AF 2nd DENIED on 10/10/06. Key Isle - Phase II Building Plans 04/03/07 AF 4th All Apartment Buildings APPROVED on 03/26/07. Final Subdivision Lakewood Estates LS-2006-004 Plan 10/17/06 BH 4th Staff comments sent to applicant 12/27/06. Maguire Crossings Absolute Tech 2775 Old Winter Garden Road Building Plans 05/15/07 BH 1st Wall Sign APPROVED on 05/21/07. Maguire Groves/American Pie Pizza Co. 336 Moore Road Building Plans 03/01/07 RW 1 st Interior Alterations APPROVED on 04/10/07. Maguire Groves / Desert Moon 282 Moore Road Building Plans 05/17/07 RW 1 st Interior Alteration DENIED on 05/29/07. Maguire Groves / Super Slow Zone 284 Moore Road Building Plans 05/17/07 BH 1st Wall Sign DENIED on 05/23/07. Maguire Road Self Storage SS-2002-009 FEMA 04/18/07 AF 2nd Staff comments due 05/11/07. Marshall Farms Preliminary Site Warehouse LS-2007-014 Plan 05/22/07 AF 1 sst Staff comments due 06/10/07. McCormick Woods 647 Wooster Drive Building Plans 04/16/07 AF 1 st Cabana DENIED on 04/30/07. McCully Lot Split Plat 04/27/07 RW 1 st Plat. Current Project Status2.xls/Review 6/4/2007 4 of 11 Meadow Ridge Commercial Maguire Road, Bldg. D Building Plans 05/23/07 BH 2nd New Shell Building DENIED on 05/30/07. Meadow Ridge Commercial Maguire Road, Bldg. B Building Plans 05/23/07 BH 2nd New Shell Building DENIED on 05/30/07. Meadow Ridge Commercial/5/3 Bank 2900 Maguire Road Building Plans 05/22/07 BH 2nd New Commercial Bank DENIED on 05/25/07. Meadow Ridge 379 Douglas Edward Drive Building Ridge 05/22/07 AF 1 st Revisions to the Cabana. Meadow Ridge 379 Douglas Edward Drive Building Plans 05/17/07 AF 1 st Freestanding Trellis. Meadow Ridge 379 Douglas Edward Drive Building Plans 05/17/07 AF 1 st Retaining Wall and Deck. Meadow Ridge Plat 11/21/06 AF 3rd Plat DENIED on 12/14/06. Meadow Ridge 235 Jordan Avenue Building Plans 05/29/07 RW 1 st Electrical for Flood lights on Signage. Meadow Ridge 580 Victoria Rose Drive Building Plans 05/29/07 RW 1st Electrical for Flood lights on Signage & Irrigation. Meadow Ridge Final Subdivision Staff comments due 05/16/07. DRC held 05/01/07. P&Z 05/08/07 & Commercial LS-2006-007 Plan 04/19/07 AF 3rd CC 06/05/07. Current Project Status2.xls/Review 6/4/2007 5 of 11 MI Ranchito 148 W. Silver Star Road Building Plans 04/30/07 BH 2nd New Commercial Building DENIED on 05/04/07. Milton Groves Plat 04123/07 RW 1 st Replat of lot 78 DENIED 05/14/07. Oak Level Heights Annexation & Annexation AX-04-07-06 Rezoning 04/02/07 MR 1 st Staff comments due 04/30/07. DRC 06/04/07-1 P7Z 06/12/07. Large Scale Oak Trail Reserve Final Subdivision PUD LS-2007-01 0 Plan 03/28/07 AF 1 st Staff comments sent to applicant 04/16/07. Large Scale Oak Trail Reserve Preliminary PUD-FEMA LS-2005-012 Subdivision Plan 11/08/06 AF 1st Staff comments due 12/01/06. Ocoee Professional Plaza LS-2005-002 Final Site Plan 10/30/06 AF 2nd Staff comments sent to applicant 12/06/06. Olympia Plaza/Perfect Tailor 213 N. Clarke Road Building Plans 05/17/07 BH 1st Wall Sign APPROVED on 05/21/07. Orange Tree Plaza / Spring Garden 1575 Maguire Road "D" Building Plans 05/17/07 BH 1 st Wall Sign APPROVED on 05/23/07. Plantation Grove LS-2004-018 Cross Walk Area 11/13/06 AF 2nd Staff comments sent to applicant 12/22/06. Plantation Grove Shopping/Super Slow Zone 284 Moore Road Building Plans 04/23/07 RW 1 st Interior Alterations APPROVED 05/02/07. Current Project Status2.xls/Review 6/4/2007 6 of 11 Plantation Grove Shopping Center III/Quiznos 320 Moore Road Plantation Grove Shopping Center III 286 Moore Road Plato's Closet 11107 W. Colonial Drive Prairie Lake Reserve 1921 Switch Grass Circle Prairie Lake Reserve Phase 1 LS-04-026 Prairie Lake Reserve 1601 Building Plans 05/24/07 BH Building Plans 04/13/07 Building Plans 05/31/07 Building Plans 05/08/07 Plat 05/21 /07 North Clarke Road Building Plans 03/30/07 Revisions to Prairie Lake Final Subdivision Reserve PUD LS-2004-026 Plan 03/13/07 Prairie Lake Reserve Building Plans 05/31/07 Prestige Gunite - Ocoee LS-2007-012 Final Site Plan 03/23/07 Regions Bank (AKA AmSouth Bank) 270 Moore Road Building Plans 05/08/07 3rd Wall Sign DENIED on 05/25/07. AF 1 st Interior Alterations APPROVED on 05/02/07. RW 1st Wall Sign APPROVED on 05/31/07. RW 1st Clubhouse DENIED on 05/29/07. AF 3rd Plat APPROVED on 05/23/07. BH 1 st Sales Trailer APPROVED 04/02/07. AF 1 st Staff comments sent to applicant 04/17/07. AF 1 st Revisions APPROVED on 05/31/07. BH 1 st Staff comments sent to applicant 05/01 /07. RW 1 st Monument/Wall Sign. DENIED 05/14/07. Current Project Status2.xls/Review 6/4/2007 7 of 11 Roberts Rise 598 Roberts Rise Drive Building Plans 05/01/07 AF 2nd Entrance Sign Replacement APPROVED on 05/02/07. Sandstone Office 576 S. Kissimmee Avenue Building Plans 04/30/07 RW 1 st New Commercial Building DENIED on 05/04/07. Sandstone Office / Small Scale Site Warehouse SS-2005-010 Plan 11/06/06 AF 6th APPROVED. Plans distributed on 05/24/07. Setaram Office Small Scale Site Property SS-2006-005 Plan 05/10/06 AF 1 st Staff comments sent to applicant 06/19/06. Shaw Environmental 11301 W. Colonial Drive Building Plans 05/09/07q RW 1st Chain Link Fence DENIED on 05/29/07. Shoppes at West Large Scale Site Oaks LS-2007-013 Plan 05/07/07 AF 1 st Staff comments due 05/30/07. Shoppes of Ocoee/AT&T 10165 W. Colonial Drive Building Plans 05/11/07 RW 1st Wall Sign APPROVED on 05/11/07. Shoppes of Ocoee/CiCi's Pizza 10151 W. Colonial Drive Building Plans 05/09/07 BH 1st Wall Sign DENIED on 05/23/07. Shoppes of Ocoee 10135 W. Colonial Drive Building Plans 05/01/07 BH 5th 2 Monument Signs APPROVED on 05/02/07. Silver Star Retail Large Scale Site Center LS-2006-003 Plan 04/27/07 AF 2nd Staff comments due 05/21/07. Slone Landing (fka Foote Property) Plat 04/27/07 BH 3rd Plat APPROVED 05/02/07. Current Project Status2.xls/Review 6/4/2007 8 of 11 Sonntag Lot Split Plat 05/21/07 AX-01-07-05 & Annexation & Sonntag RZ-07-01-05 Rezoning 01/25/07 Starbucks at Small Scale Site Ocoee SS-2006-008 Plan 01/16/07 Thornebrooke Special Relief Elementary 2-07-SE-010 Exception 04/03/07 Towne Square Shopping Center/Cabana Latino 11077 W. Colonial Drive Building Plans 05/22/07 Towne Square Shopping Center/M&I Bank 11101 W. Colonial Drive Building Plans 05/03/07 Small Scale Comp Plan Trout Lake Oaks CPA-08-22-06 Amendment 08/21/06 Special Tutor Time 1-07-SE-009 Exception 05/01/07 Tutor Time Day Care 1025 S. Clarke Road Building Plans 05/24/07 Villa Roma Village Market Place 10882 West Colonial Drive Preliminary LS-2004-021 Subdivision Plan 04/25/07 RW 1 st Plat. MR 1 st Staff comments sent to applicant 03/06/07. AF 3rd APPROVED. MR 1st Staff comments due 04/30/07. DRC 05/01/07-1 CC 06/05/07. BH 1 st Wall Sign APPROVED on 05/23/07 RW AF BH AF AF Building Plans 05/09/07 RW 1 st 2 Wall Signs/ 1 Monument APPROVED on 05/07/07. 1 st Staff comments sent to applicant 10/10/06. 3rd Staff comments due 05/21 /07. APPROVED 05/15/07. 2nd New Commercial Building DENIED on 05/30/07. 2nd Staff comments due 05/18/07 . 1 st Wall Sign APPROVED on 05/09/07. Current Project Status2.xls/Review 6/4/2007 9 of 11 77 Village Market Place 10988 West Colonial Drive Building Plans 05/08/07 RW 1 st Revisions to Exterior Renovations APPROVED. Village Market Place 10908 W. Colonial drive Building Plans 05/09/07 RW 1 st Wall Sign APPROVED on 05/09/07. Village Small Scale Site Marketplace SS-2005-012 Plan Revisions 03/27/07 AF 2nd Staff comments due 04/13/07. Villages at Lake Large Scale Plan Bennet II LS-2005-010 Review 05/30/06 AF 2nd Staff comments sent to applicant 07/07/06. Wesmere Townhomes 1850 Maguire Road Building Plans 05/23/07 BH 2nd Subdivision Wall. West Colonial Parcel (Wailia) AX-0-08-25 Annexation 08/09/05 AF 1 st Staff comments sent to applicant 09/27/05. Revisions to West End Final Subdivision Professional Park LS-2007-011 Plan 03/15/07 AF 1 st Staff comments sent to applicant on 05/01 /07. West 50 Commercial Preliminary / Subdivision LS-2006-005 Final Subdivision 04/17/07 BH 3rd Going to 05/15/07 City Commission Meeting. West Oaks Mall Chao Cajun 9401 W. Colonial Drive #248 Building Plans 04/04/07 RW 1 st Roof Mounted Mechanical Revision APPROVED on 04/08/07. West Oaks Shopping Center/AT&T 9679 W. Colonial Drive Building Plans 05/07/07 RW 1 st Wall Sign APPROVED on 05/08/07. Current Project Status2.xls/Review 6/4/2007 10 of 11 West Orange Orthopedics Small Scale Site Medical Office SS-2005-013 Plan 07/31/06 AF West Orange Professional 10131 W. Colonial Drive Ste.1 West RV & Boat Storage LS-2005-013 West RV & Boat Storage LS-2005-013 West Utilities Drainage and Easement VAC-06-008 Westyn Bay 4&5 Zelmar Kitchen 1107 S. Clarke Road Building Plans Preliminary / Final Site Plan Trip General & Distribution Report 2nd Staff comments sent to applicant 09/01/06. 05/09/07 BH 1 st Non -Electrical Wall Sign DENIED on 05/23/07. 03/07/06 AF 2nd Staff comments sent to applicant 04/20/06. 06/26/06 AF 2nd Staff comments sent to applicant 7/17/06. Vacation 04/17/06 AF Plat 04/30/07 RW Building Plans 05/29/07 RW 1 st Staff comments sent to applicant 05/18/06. 1st Plat DENIED on 05/30/07. 1 st Wall Si Current Project Status2.xls/Review 6/4/2007 11 of 11 Sun Mon Tue Wed Thu Fri Sat 1 2 Hurricane Season Begins 3 4 5 Joint Workshop 6 7 8 9 with Pension Boards Ocoee School Human Relations @ Commission Chambers Advisory Board Diversity Board @ Commission Chambers 6:00 PM @ Commission Chambers 7:00 PM City Commission 7:00 PM Meetii119 @ Commission Chambers 7:15 PM 10 11 12 13 14 15 16 kt 011 @ Commission Chambers @ Fire Station One 7:00 PM 7:00 PM 6/19/07 Agenda Item Titles Due to CC 6/19/07 Items Due to City Clerk by 10 AM 6/19/07 Agenda Published 17 18 19 20 21 22 23 Ftither's DaV Parks & Recreation CityCommission t ic�F t?rn, of Districting Advisory Board �( / Meeting @ Commission Chambers 7:15 PM 4*ifnttr>,•r 0 Commission @ Commission Chambers 6:00 PM Board of @ Commission Chambers 7:30 PM Adjustment @ Commission Chambers 7:30 PM 24 25 26 27 28 29 ru > Codc I"Illorcement Boa rd CACOPD @ Commission Chambers @ Commission Chambers 7:00 PM 7:00 PM 7/3/07 Agenda Item Titles Due to CC I 7/3/07 Items Due to City Clerk by 10 AM 7/3/07 Agenda Published I I I *Tor,=