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HomeMy WebLinkAboutP & Z MEETING 05_11_2004._...rel_ Nlay,or S. Scott Vandergrift Acting City Manager V. Eugene Williford, III PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) AGENDA Tuesday, May 11, 2004 IV V a CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held April 13, 2004 OLD BUSINESS None NEW BUSINESS Commissioners Danny Howell, District 1 Scott Anderson. District: 2 Rusty Johnson. District: 3 Nancy J. Parker, District 4 7:00 PM A. Fullers Cross Commercial PUD (Project # AR-03-07-09) (Public Hearing) 1. Annexation 2. JPA Agreement Amendment 3. Small Scale Comprehensive Plan Amendment 4. Land Use Plan 5. Development Agreement B. Basking Ridge Court (Project # AX-04-02-16) 1. Annexation 2. Initial Zoning C. Ingram -Heidrich Rezoning (Project #RZ-04-03-17) MISCELLANEOUS A. Project Status Report B. May Calendar ADJOURNMENT (Public Hearing) (Public Hearing) 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 - ,vww.ci.ocoec.f1.us ITEM NUMBER IV. A Fullers Cross Commercial PUD Project # AR-03-07-09 1. Annexation 2. JPA Agreement Amendment 3. Small Scale Comprehensive Plan Amendment 4. Land Use Plan 5. Development Agreement . _.. -4r n _ . Mayor S. Scott Vandergrift Acting City Manager V. Eugene Williford Commissioners Danny Howell, District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 TO: Planning and Zoning Commission FROM: Tent' James, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Community Development Director Vj DATE: April 27, 2004 SUBJECT: Fullers Cross Commercial PUD Joint Planning Area Amendment: JPA-04-009 Annexation & Initial Zoning: AR-03-07-09 Small -Scale Comprehensive Plan Amendment: SSCPA-03-008 Development Agreement ISSUE: Should the Planning & Zoning Commission recommend approval of the Annexation, Joint Planning Area Amendment, Small -Scale Comprehensive Plan Amendment, Initial Zoning, and Development Agreement for Fullers Cross Commercial PUD? BACKGROUND: General Location: The property is located at 2280 Fullers Cross Road in unincorporated Orange County on the southwest comer of the intersection of Fullers Cross and Ocoee -Apopka Roads. Parcel Identification #: 07-22-28-0000-00-071 Property Size: 5.08 +/- acres Actual land use, unique features & proposed development plans: The property is currently vacant and densely wooded. There are no known archeological or historical sites located on the site; however, wetland areas may be located on the south edge of the property. The proposed development is for a Commercial Planned Unit Development (PUD) for retail and a restaurant, with a maximum of 44,000 square feet of building area. Future land use & requested initial zoning classification of the subject property: CLASSIFICATION CURRENT PROPOSED JPA Land Use Low Density Residential/Conservation Commercial/Conservation Future Land Use Orange County Low Density Residential Ocoee Commercial Zoning Orange County R CE Rural Count Estate Ocoee Commercial PUD City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 - fax: (407) 656-8504 - www.ci.ocoee.fl.us Fullers Cross Commercial PUD AR-03-07-09 Page 2 of 7 Current future land use and zoning classifications of the surrounding properties: DIRECTION CURRENT FUTURE LAND USE CURRENT ZONING North Ocoee Commercial Ocoee Commercial PUD East Ocoee Low Density Residential Ocoee R1-AA Single Family Dwelling South Orange County Conservation & Low Density Residential Orange County R CE Rural County Estate West Ocoee Institutional Ocoee Public Use PUD Because the property is currently located in unincorporated Orange County, and the Ocoee - Orange County JPA Land Use designation is currently "Low Density Residential" and "Conservation/Floodplains", the approval of an amendment to the JPA Agreement is required before the annexation can be effective. An amendment to the Orange County -Ocoee Joint Planning Area Agreement would establish a JPA land use designation for the property as "Commercial" and "Conservation/Floodplains". The property is currently designated "Low Density Residential" and "Conservation/Floodplains" on the Ocoee Future Land Use Map necessitating small scale comprehensive plan amendment to change the Future Land Use Classification to "Commercial" and "Conservation/Floodplains". The applicant has also requested an initial zoning classification of "Commercial PUD". Since the Commercial PUD classification has been requested, a development agreement will also be required. Transportation: Ocoee -Apopka Road (County Road 437) is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service of "E". The Ocoee -Apopka Road segment from Fullers Cross Road to McCormick Road theoretically operates at level of service "F" when vested trips are assigned. According to the Ocoee Comprehensive Plan (Figure 11 b), this roadway will become a 4-lane facility by 2020 at which time it will operate at LOS "C". The current Average Daily Traffic (ADT) on Ocoee -Apopka Road/County Road 437 is as follows: FROM TO LANES ADOPTED ADOPTED 2003 Volumes: VOLUME LOS LOS LOS /CAPACITY PERFORMANCE EXISTING RESERVED TOTAL STANDARD NUMERIC & FROM RATIO CAPACITY VESTED APPROVED STANDARD DEVELOPMENT SR438/Silver Fuller's 2 E 19,400 5,975 4,470 10,445 0.54 A Star Rd. Cross Rd. Fuller's McCormick 2 E 19,400 9,246 10,648 19,894 1.03 F Cross Rd. Rd. Fullers Cross Commercial PUD AR-03-07-09 Page 3 of 7 Stormwater Drainage. Wetlands & FloodDlains: There are natural drainage ditches at the west end of the property and at the southeast comer of the property. Soils indicate that wetlands may exist at the southeast comer of the property, although the owner represents that a preliminary analysis indicated no jurisdictional areas actually within the site. A wetlands survey will be conducted with the Preliminary Subdivision Plan to delineate any jurisdictional wetlands. According to the Flood Insurance Rate Maps (FIRM), the property is not located within the 100-year floodplain. Potable Water & Sanitary Sewer: Potable water from the City of Ocoee is available for this site; sanitary sewer is not. On -site septic tank will be utilized until sanitary sewer becomes available. DISCUSSION: ANNEXATION & THE JOINT PLANNING AGREEMENT 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 proposed annexation at 2280 Fullers Cross Road will not create an enclave. 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. Since the requested Future Land Use and the JPA Map classification of "Commercial" and "Conservation/Floodplains" is not consistent with the current classification of "Low Density Residential" and "Conservation/Floodplains", a JPA amendment will be required before the annexation can be effective. This annexation also will require a small-scale comprehensive plan amendment according to Subsection 8-B of the JPA Agreement since the proposed future land use classification is not consistent with the JPA Land Use Map. The City has complied with the annexation provisions contained in Subsection 6-D of 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. We have received no comments as of the date of this report. Annexation Feasibilitv & Public Facilities Analysis Report: As a requirement of the JPA agreement, the City is required to perform a feasibility analysis as a component of the annexation procedure. Based upon the projected impacts of the proposed Commercial PUD, the location, and the size of the property, Staff determined that the City can provide the full range of urban services. Comprehensive Plan: The proposed annexation of the subject property is consistent with the Future Land Use Element Policy 2.5 governing annexations 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 subject property is a voluntary annexation, and will be a logical extension of the existing City limits. Fullers Cross Commercial PUD AR-03-07-09 Page 4 of 7 Additionally, the proposed Commercial PUD future land use classification is not consistent with the Future Land Use Map or the JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail below. In summary, the proposed annexation is logical extension of the City limits. The City can provide adequate urban services as evidenced by the Annexation Feasibility & Public Facilities Analysis Report; therefore, the annexation meets the requirements of the Future Land Use Policy 2.5 governing annexations as discussed above. This annexation meets state regulations and intergovem mental coordination agreements (the JPA Agreement). DISCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONING The proposed "Commercial" and "Conservation/Floodplains" future land use classification for this subject property is not consistent the City of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to change the Future Land Use/JPA Land Use Map Classification from "Low Density Residential" and "Conservation/Floodplains" to "Commercial" and "Conservation/Floodplains". This proposed future land use classification is compatible with other "Commercial" properties located on the northwest and northeast comers of the Fullers Cross/Ocoee-Apopka Road intersection. The applicant also requested an initial zoning classification of "Commercial Planned Unit Development' (PUD). The initial zoning of "Commercial PUD" on the subject property will allow the City more control over the development plans producing a more integrated and harmonious development that will adequately address the impacts to infrastructure. Commercial PUD zoning for this PUD will allow the same uses as permitted in a C-2 zoning district, except the following uses will not be permitted: Automobile parking lot, automobile repair, automobile sales (new and used), automobile auction, automobile wreckage/salvage yard, boat sales and service, borrow pit, pawn shop, bus terminal, equipment sales, golf course/country club, mobile home and travel trailer sales, motor vehicle wholesale, recreational facility (neighborhood and commercial), recreational vehicle parks, truck stop, and check cashing services. Being directly adjacent to Ocoee Crown Point PUD, the Fullers Cross Commercial PUD will be required to follow the Crown Point Development Standards that include upgraded architectural and site design standards. The infrastructure impacts of this proposed small-scale comprehensive plan amendment and initial zoning is discussed in greater detail below. Fullers Cross Commercial PUD AR-03-07-09 Page 5 of 7 Transportation: As indicated in the transportation table above, the Fullers Cross Road to McCormick Road segment on Ocoee -Apopka Road is theoretically operating at LOS "F" with the vested trips added; however, currently the roadway is operating at LOS "C". The majority of these vested trips are the product of the Ocoee -Crown Point PUD and will take at least five years before they are added to the roadways. In order to accommodate the vested trips of the master planned Ocoee Crown Point PUD, the OCP PUD is required to mitigate the impacts of the development by providing extensive intersection roadway improvements to mitigate the impacts of traffic as the project develops. Additionally, Ocoee -Apopka Road will be widened to 4 lanes before 2020. Both the Ocoee -Crown Point and Fullers Cross Commercial PUDs are located near two interchanges on the newly completed Western Expressway/SR429. The northern interchange is at Clarcona-Ocoee Road and West Road and the southem interchange is at Silver Star Road (SR 438). These Expressway interchanges will provide altematives to the use of local roadways that will further mitigate adverse traffic impacts. The Fullers Cross Commercial PUD will also be required to mitigate transportation impacts at the intersection of Fullers Cross and Ocoee -Apopka Road as a component of the "Conditions of Approval" for this project. The following intersection improvements, cross -access and shared - access requirements, and access restrictions will enhance the function of this critical intersection: • Eastbound left turn lane on Fullers Cross Road at Ocoee -Apopka Road; • Right in only access turn taper on Fullers Cross Road with a raised 4 inch concrete median separator to prevent left-in/left-out access to the project site; • Eastbound right turn taper on Fullers Cross Road into the property at the shared access point; • Westbound left tum land on Fullers Cross Road into the property at the shared access point; • Two outbound turn lanes, at a minimum, with at least one left tum lane and one right tum lane onto Fullers Cross Road from the shared access point. • Northbound left turn lane on Ocoee Apopka Road at Fullers Cross Road; and • Right in only access turn taper on Ocoee -Apopka Road with a raised 4 inch concrete median separator to prevent left-in/left-out access to the project site. In addition, the Developer will dedicate 20' ROW along Fullers Cross Road for future widening of that road. Enough ROW already exists on Ocoee -Apopka Road for future widening so additional ROW along this roadway will not be required of this project. These transportation mitigation requirements as a component of the "conditions of approval" are consistent with the following Transportation Element Policies from the adopted Ocoee Comprehensive Plan: • Policy 2.2.4: Preserve needed right-of-way through funding by developer contributions. • Policy 3.1.3. Transportation: Develop, support, and require access management strategies on arterial roadways, including limited/joint access medians and turn bays. Fullers Cross Commercial PUD AR-03-07-09 Page 6of7 Stormwater Drainage, Wetlands & Floodolains: The natural drainage ditches on the west and southeast boundary will be dedicated through access easement to the City for maintenance. Drainage of the development will be piped to a retention pond on -site. All stormwater drainage will meet the requirements of Chapter 25-17, Florida Administrative Code. Since the development is within the Lake Apopka basin, the water quality will also meet the Lake Apopka Rule promulgated by the St. John's Water Management District that requires increased phosphorous attenuation. Preliminary soil surveys suggest that wetlands are located on the southeast boundary. More detailed soil surveys will be required during the Preliminary Subdivision Plan, and, if wetlands found, an upland buffer 25' from any jurisdictional wetlands will be required. There are no 100-year floodplains on site, so the development will not impact critical floodplains. Potable Water & Sanitary Sewer: The City will provide water service. The closest water main is a 12" on the east side of Ocoee - Apopka Road. The Developer will construct an 8" water main on Fullers Cross Road. On -site septic will be utilized during the first phase of development until City sewer service is available; currently the closest sewer connection is 1.5 miles south. DRC RECOMMENDATION: On April 21, 2004, 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 discussion, the DRC recommend approval for the Fullers Cross annexation and Commercial PUD. STAFF RECOMMENDATION: Based on the above analysis and the subsequent recommendation of the Development Review Committee, Staff recommends that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend approval of: The Joint Planning Area (JPA) Agreement Amendment, establishing a land use designation of "Commercial" and "Conservation/Wetlands" on the JPA Land Use Map; and • The annexation of Fullers Cross Commercial PUD, subject to the County's approval of the JPA Agreement. The amendment to the Ocoee Comprehensive Plan establishing a Future Land Use designation of "Commercial" and "Conservation/Floodplains" on the Ocoee Future Land Use Map for the Fullers Cross Commercial PUD, subject to approval of the annexation ordinance. Fullers Cross Commercial PUD AR-03-07-09 Page 7 of 7 • The initial zoning designation for Fullers Cross Commercial PUD as Commercial Planned Unit Development, subject to approval of the annexation ordinance and comprehensive plan amendment ordinance. • The Development Agreement, subject to approval of the annexation ordinance and the PUD zoning ordinance. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation & Feasibility Analysis Fullers Cross Commercial PUD Land Use Plan Letter concerning Crown Point Woods HOA coordination, dated April 23, 2004 OAStaff Reports\2004\SR04034 P&Z.doc City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-03-07-09 / Fullers Cross Commercial PUD Date: March '17, 2004 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 Jennifer Willman A. Applicant / Owner Address 1. Applicant: 2. Owner: B. Property Location 1. General Location: 2. Parcel Identification Number: 3. Street Address: 4. Size of Parcel(s): C. Use Characteristics 1. Existing Use: 2. Proposed Use: 3. Density / Intensity: 4. Projected Population: D. Zoning and Land Use 1. Orange County Future Land Use: 2. Orange County Zoning: 3. Existing Ocoee Future Land Use: 4. Proposed Ocoee Future Land Use: 4. Proposed Ocoee Zoning: E. Consistency 1. Joint Planning Area: 2. Comprehensive Plan: Maury L. Carter and Associates 908 S. Delaney Avenue Orlando, FL 32806 407-422-3144 Carter Charles Hershel Trust 100 Midget Place Winter Garden, FL 34787 Southwest corner of Fullers Cross Road and Ocoee -Apopka Road (C. R. 437) 07-22-28-0000-00-071 2280 Fullers Cross Road 5.08 Acres Vacant, densely wooded Retail and Restaurant 44,000 SF max. building area N/A Low Density Residential R-CE (Rural Country Estate) Low Density Residential Commercial Commercial PUD Inside Boundary; Land Use Amendment Required Inconsistent; Comp Plan Amendment Required I1. FIRE DEPARTMENT Chief' Ron Strosnider 1. Estimated Response Time: 6 minutes 2. Distance to Property: 3 miles 3. Fire Flow Requirements: Fire hydrants will be installed per City Code Page 1 of 3 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-03-07-09 / Fullers Cross Commercial PUD Date: March 17, 2004 Ill. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone: 78B 2. Estimated Response Time: 7 to 8 minutes 3. Distance to Property: 2.1 miles 4. Average Travel Time: 6 minutes IV. ECONOMIC VALUE Jennifer Willman 1. Property Appraiser Taxable Value: $25,000 2. Property Appraiser Just Value: $25,000 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: To be determined at site plan approval. 5. Potential Impact Fees: To be determined at site plan approval. 6. Total Project Revenues: Unknown at this time. V. BUILDING DEPARTMENT Jennifer Willman 1. Within 100-year Flood Plain: 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: Yes, by Developer 8" along Fullers Cross Road 3. Location and Size of Nearest Water Main: 12" Main on east side of Ocoee -Apopka Rd B. Sanitary Sewer 1. In Ocoee Service Area: 2. City Capable of Serving Area: 3. Extension Needed: 3. Location and Size of Nearest Main: 4. Annexation Agreement Needed: C. Other 1. Utility Easement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: Yes Yes Yes, by Developer 12" Force Main on Palm Dr & Ocoee -Apopka Rd; Gravity Manhole in Amber Ridge Subdivision Yes Yes, if Developer dedicates water line to City Yes No VII'. TRANSPORTATION Jennifer Willman 1. Paved Access: Yes, from C.R. 437 and Fullers Cross Road 2. ROW Dedication Required: Yes, for widening of Fullers Cross Road, and for joint access on western boundary. 3. Traffic Study: Yes 4. Traffic Zone: 546 Page 2 of 3 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AR-03-07-09 / Fullers Cross Commercial PUD Date: March 17, 2004 Vlll. PRELIMINARY CONCURRENCY EVALUATION Jennifer Willman`' A. Transportation: Ocoee -Apopka Road is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service (LOS) "E". The Ocoee -Apopka Road segment from Silver Star Road (SR 438) to Fullers Cross Road is currently operating at LOS "A". However, the segment from Fullers Cross Road to McCormick Road is currently operating at LOS "F" which is why the provision of left turn lanes at Fullers Cross Road and Ocoee -Apopka Road is critical to the functioning of that intersection. The Developer will dedicate 20' ROW along Fullers Cross Road for future widening of that road. Enough ROW already exists on Ocoee -Apopka Road for future widening to 4-lanes by 2020 as prescribed in the Ocoee Comprehensive Plan. B. Parks/Recreation: N/A C. Water/Sewer: The City will provide water service. The closest water main is a 12" on the east side of Ocoee -Apopka Road. The Developer will construct an 8" water main on Fullers Cross Road. On -site septic will be utilized during the first phase of development until City sewer service is available; currently the closes sewer connection is 1.5 miles south. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on -site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: Please contact the Planning Division for an impact fee estimate. Actual impact fees will be calculated during the site plan approval process. IX. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATEREGULATIONS Jennifer Willman This is a voluntary annexation. The property is contiguous to the City boundaries and reasonable compact, per 171.044 Florida Statues. oAdevelopment review\projects 2004\fullers cross commercial pud\fullers cross annexation feasibility report.doc Page 3 of 3 17 Copy of Public Hearing Advertisement Date Published • L Orlando Sentinel w THURSDAYr APRIL 29, 2004 H 1 5 Advertisement CITY OF OCOEE NOTICE OF PUBLIC NEARING FILLERS CROSS COMMERCIAL PUD APPLICANT: MAURY L CARTER & ASSOCIATES ANNEXATION 61NITIAL ZONING CASE NUMBER: AR-03-07.09 . SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CASE NUMBER: SSCPA-03.008 JOINT PLANNING AREA AMENDMENT CASE NUMBER: JPA-04.009 NOTICE IS HEREBY GIVEN, pursuant to Subsection 1.10 and 5-9 of the City of Ocoee Land Development Code, that on Tuesday, May 11, 2004 at 7:00 p.m. or as soon thereafter as practical, the PLANNING & ZONING COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive, Ocoee, Florida, to consider the Annexation and Initial Zoning, the Small -Scale Comprehensive Plan Amendment and the Joint Planning Area Amendment for a 5.08 acre parcel located at 2280 Fullers Cross Road with a Parcel Identification Number of 07-22-28-0000-00.071. If the applicant's request is approved, the annexation would incorporate the property into the City of Ocoee, amend the Comprehensive Plan's Future Land Use Map and the Joint Planning Area Land Use Map from 'Low Den- sity Residential' to 'Commercial', and establish an initial zoning classifi- cation of 'Commercial Planned Unit Development' (PUD). Fullers Cross Commercial PUD Location Map Pursuant to Subsection 5.9 B. of the Land Development Code, the Planning Director has determined that the requested annexation Is within the Ocoee - Orange County Joint Planning Area (JPA), but is not consistent with the Ocoee-Oronge County JPA Land Use Map or the Ocoee Comprehensive i f Plan. _ The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Community Development Deport- ment/Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori. da between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,' except legal holidays. The Planning & Zoning Commission may continue the public hearings to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or con- tinued public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this Pur- pose may need to ensure that a verbatim record of the Proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407-905.3105. Jean Grafton, City Clerk 4t29/04 r1, QGA114AA Commercial Real Estate Investments • Management • Brokerage • Development • Land April 23, 2004 To: Russ Wagner Community Development Director City of Ocoee 150 N. Lakeshore Dr. Ocoee, FI 34761 From: Pat Chisholm &Preston M. Hage Maury L. Carter & Associates, Inc. 3333 S. Orange Avenue., Orlando, FL 32806-8500 Office: (407) 422-3144 Fax: (407) 422-3155 E-Mail: pmhage@maurycarter.com Website: www.maurycarter.com Dear Mr. Wagner, Per your advice we met with Kevin Keller, the President of the Crown Point Woods HOA, on April 20, 2004 at 7:00 pm. We felt the meeting went very well. Kevin was supportive of the proposed rezoning of the property to Commercial PUD and the annexation of the property into the City of Ocoee. We informed Kevin of the schedule for the project including the P&Z dates and the council meetings over the next two months. Kevin said he would relay the information to the rest of the HOA. It is our understanding that the Crown Point Woods HOA is supportive of our project f hank you, Pat Chisholm 41 AL Preston Hage ; . r`— Maury L. Carter & Associates, Inc. i i, i APO 2 6 20O4 Licensed Real Estate Broker 3333 S. Orange Avenue, Suite 200 •Orlando, Florida 32806-8500 f j Post Office Box 568821 • Orlando, Florida 32856-8821 1 - -- — -- — Telephone: (407) 422-3144 a s ' ! i - i~ �•� Fax: (407) 422-3155 Web Site: www.maurvcarter.com ITEM NUMBER IV. B Basking Ridge Court Project # AX-04-02-16 1. Annexation 2. Initial Zoning ,.tf-__ , Mayor S. Scott Vandergrift Aching City Manager V. Eugene Williford STAFF REPORT TO: Planning & Zoning Commission FROM: Terry L. James, AICP, Principal Planner jt" THROUGH: Russ Wagner, AICP / Community Development Director DATE: May 5, 2004 SUBJECT: Basking Ridge Court Annexation and Initial Zoning Applicant: Rego[ Associates, Inc. Case #: AX-04-02-16 ISSUE: Commissioners Danny Howell, District, 1 Scott Anderson, District 2 Rusty Johnson, District; 3 Nancy J. Parker, District 4 Should the Planning & Zoning Commission recommend approval of the annexation and initial zoning for the above referenced property? BACKGROUND: Parcel Identification Number: 08-22-28-0000-00-004 Property Size: 1.01 acres +/- General Location: Southwest of Basking Ridge Court in the Forest Ridge PUD and directly west of the recently annexed Afro-American Cemetery. Actual land use. proposed land use. unique features, and plan consistencv of the subiect property: The parcel is currently vacant; however, the proposed use is for two single family homes after a diagonal lot split is processed under a separate review. There are no unique features on the property. The proposed use is consistent with the Ocoee Future Land Use Map and the Orange County -Ocoee Joint Planning Area Land Use Map. The future land use & requested initial zoning classification of the subiect property: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density City of Ocoee/Low Density Use Classification Residential Residential Jurisdiction/Zoning Orange County/R-2: Residential City of Ocoee/R-1-A: Single Family Classification District Dwelling City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us Basking Ridge Court Case #: AX-04-02-16 Page 2of3 The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Ocoee/Low Density Residential Ocoee/Low Density PUD East Ocoee/Low Density Residential Ocoee/R-1-A: Single Family Dwelling South Ocoee/Low Density Residential Ocoee/R-1: Single Family Dwelling West Orange Cnty./Low Density Residential I Orange Cnty./Residential District CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. The requested annexation is not an enclave and such annexation would not result in an enclave being created. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will not require a comprehensive plan amendment per Subsection 8-B of the JPA Agreement and is consistent with the JPA Agreement per Subsection 6-D. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee - Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be Properly provided, and when proposed uses are compatible with the City's Comprehensive Plan the JPA Agreement, and the City's Annexation Policy...."[Emphasis added] DISCUSSION: The subject property's proposed future land use classification of Low Density Residential is consistent and compatible with the Ocoee Future Land Use Map and the Orange County -Ocoee Joint Planning Area (JPA) Land Use Map as indicated in the tables above. The applicant's petition for the initial zoning classification of R-1-A: Single Family Residential is consistent and compatible with future land use classification and the existing zoning classification on the surrounding parcels. Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that the urban services could be adequately provided to the subject property. Should the property owners choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. Basking Ridge Court Case #: AX-04-02-16 Page 3 of 3 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 RECOMMENDATION: On April 21, 2004, 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 the annexation of the Basking Ridge Court to the Planning & Zoning Commission. STAFF RECOMMENDATION: Based on the analysis above and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission recommend approval of the annexation and initial zoning of R-1-A, "Single Family Residential" for the subject property. Attachments: Location Map Future Land Use Map Zoning Map Annexation Feasibility Report File: O:\Staff Reports\2004\SR04032 P&Z.doc Basking Ridge Court Location Map T- ANDERSON KE MOXI FRTUNTIE T T I LILE I I I L S 29 -v z m cn �ENTE�—�, IF CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-04-02-16 APPLICANT NAME: REGOL ASSOCIATES, INC. PROJECT NAME: BASKING RIDGE COURT This form is used to evaluate annexation requests to determine the feasibility of providing urban service: to individual properties. Each department has filled in the appropriate section and the findings arE summarized below. I. PLANNING DEPARTMENT Terry James, AICP AApplicant/Owner 1. Owner (if different from Applicant): Same B. Property Location 1. General Location: Southwest of Basking Ridge Court; directly west of the Afro-American Cemetery. 2. Parcel Identification Number: 08-22-28-0000-00-004 3. Street Address: None assigned as yet. 4. Size of Parcel: 1.01 +/- acres C. Use Characteristics 1. Existing Use: Vacant Low Density Residential 2. Proposed Use: Two single family homes 3. Density / Intensity: 2 du/gross acre 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Residential District 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: R-1-A/Single Family Dwelling E. Consistencv 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: Old Station: 3 minutes/New Station: 3.5-4 minutes 2. Distance to Property: Old: approx. 1.3 miles/New: approx. 1.8 miles 3. Fire Flow Requirements: Fire hydrant may be needed. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone / Grid / Area: 112/89 2. Estimated Response Time: 2-3 minutes 3. Distance to Property: 1.3 miles Page 1 of 3 IV. Applicant Name: Regal Assoc., Inc. Project Name: Basking Ridge Court Case #: AX-04-02-16 4. Average Travel Time 2-3 minutes ECONOMIC VALUE Terry James, AICP 1. Property raiser Taxable Value: $10,000 2. Property Appraiser Just Value $10,000 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. V. BUILDING DEPARTMENT Terry James, AICP 1. Within the 100 year Flood Plain: No, according to FLUM Map Series, Figure 4 VI. UTILITIES David Wheeler, P.E. A. B Potable Water I. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of Nearest Water Main: 4 inch main at the cul-de-sac on Basking Ridge Court. . Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of Nearest Force Main: 8 inch main at the cul-de-sac on Basking Ridge Court. 5. Annexation Agreement Needed: Yes . Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No TRANSPORTATION Terry James, AICP 1. Paved Access: Yes, off of Basking Ridge 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Zone: 656 Page 2 of 3 Vlll Applicant Name: Regol Assoc., Inc. Project Name: Basking Ridge Court Case #: AX-04-02-16 . PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks / Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient water/sewer capacity existed to C. Water / Sewer: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The applicant will be required to handle stormwater retention on -site. D. Stormwater: At the time of this analysis, sufficient roadway capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP Yes. Page 3 of 3 Copy of Public Hearing Advertisement Date Published • L_ Orlando Sentinel w THURSDAY, APRIL 29, 2004 H 15 ------ Advertisement CiTY OF OCOEE NOTICE OF PUBLIC HEARING FOR BASKING RIDGE COURT APPLICANT: REGOL ASSOCIATES, INC. ANNEXATION & INITIAL ZONING CASE NUMBER: AX-04.02.16 NOTICE IS HEREBY GRR:N, pursuant to Subsection 1.10 and 5-9 of the City of Ocoee Land Development Code, that on Tuesday, May 11, 2004 at 7:00 p.m. or as soon thereafter as practical, the PLANNING & ZONING COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive, Ocoee, Florida, to consider the Annexation and Initial Zoning for a 1.01 acre parcel located at southwest of the Basking Ridge Court cul-de-soc and northwest of Burnt Tree cul-de-sac with a Parcel Iden- tification Number of 08-22-28-0000.00.004. ' If the applicant's request is approved, the annexation would incorporate the Property Into the City of Ocoee and establish an initial zoning classification of 'R-1-A: Single Family Dwelling'. Basking Ridge Court Location Map s r t I i i I y =I itT,!i FIT I 1T r' -� CEO,, _ I � Pursuant to Subsection 5-9 B. of the Land Development Code, the Planning Director has determined that the requested annexation is within the Ocoee - Orange County Joint Planning Area (JPA), and is consistent with the Ocoee.Orange County JPA Land Use Map or the Ocoee Comprehensive Plan. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Community Development Depart- ment/Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:00 P.m., Monday through Friday, except legal holidays. The Planning & Zoning Commission may continue the public hearings to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or con- tinued public hearings shall be announced during the hearing and no further notices regarding these matters will be published.-, You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this pur- pose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these Proceedings shwikt contact the City Clerk's Office 48 hours in advance of the meeting at 407-9053105. Jean Grafton, City Clerk OLS5608712 4129/04 nn)}} {; \. l- % t j II CL 4 1 . M P ifYM!M Mom 0 � e —4 M f a f t e • * 4 4 �. • i i • gyp, N > t t � r ♦ a � � e�p * � i i i i.. °d i :t •. ! t f $ is � :. ! • ITEM NUMBER IV. C Ingram -Heidrich Rezoning Project # RZ-04-03-17 -r 1- _ , Mavor S. Scott Vandergrift Acting; City Manager V. Eugene Williford STAFF REPORT To: Planning & Zoning Commission From: Terry L. James, AICP Principal Planner Through: Russ Wagner, AICP Community Development Director Date: May 5, 2004 Subject: Ingram -Heidrich Rezoning 5824 Ingram Road Case #: RZ-04-03-17 ISSUE: Commissioners Danny HoNvell, District. I Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Should the Planning & Zoning Commission recommend approval of the rezoning of the above referenced property? BACKGROUND: Parcel Identification Number: 05-22-28-0000-00-013 Property Size: 20.482 +/- acres General Location: The property is located at 5824 Ingram Road and bordered on the west by the Forest Lake Golf Course. The property is also west and northwest of the intersection of Ingram Road and Clarcona-Ocoee Road. Actual land use. proposed land use. uniaue features. and Dlan consistencv of the subiect property: The property has been used as a horse training area with a bam; there are no other unique features on the property. The property is designated as Low Density Residential on the Ocoee Comprehensive Plan's Future Land Use Map (FLUM) and the Joint Planning Area (JPA) Land Use Map. The applicant's proposed use is for a single-family residential subdivision. The requested rezoning to R-1-AA Single Family Dwelling is consistent with the FLUM and the JPA Land Use Map designations. City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 - fax: (407) 656-8504 - www.ci.ocoee.fl.us Ingram -Heidrich Rezoning RZ-04-03-17 Page 2 of 3 The future land use & requested initial zoning classification of the subiect property: CURRENT PROPOSED Jurisdiction/Future Land Use City of Ocoee/Low Density Residential City of Ocoee/Low Density Residential Classification Jurisdiction/Zoning City of Ocoee/R-1-AAA: Single Family City of Ocoee/R-1-AAA: Single Family Classification Dwelling Dwelling The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North City of Ocoee/Low Density Residential Orange Cnty/A 1: Citrus Rural & City of Ocoee/R- 1-AA: Single Family Dwelling East City of Ocoee/Low Density Residential Orange Cnty/A-1: Citrus Rural & City of Ocoee/R- 1-AA: Single Family Dwelling South City of Ocoee/Low Density Residential Orange Cnt /A-1: Citrus Rural West City of Ocoee/Recreation & Open Space City of Ocoee/City Parks DISCUSSION: The applicant has petitioned the City to rezone the property from R-1-AAA: Single Family Dwelling to R-1-AA: Single Family Dwelling. Both of these zoning classifications are for single- family dwellings; however, there are differences in the criteria for the two classifications: CLASS: CRITERIA: Min. Lot Size Min. Front Setback Min. Side Setback Min. Rear Setback Min. Lot Width Max. Building Coverage Max. Impervious Surface Max. Building Height Min. Living Area R-1-AA 9,000 sf 25 ft 7.5 It 30 ft 75 ft 35% 50% 35 It 1,400 sf R-1-AAA 10,000 sf 30 ft 7.5 ft 35 ft 85 ft 35% 50% 35 ft 1,600 sf Requested rezoning is consistent the Ocoee Future Land Use Map and the Joint Planning Area Land Use Map. The rezoning is also consistent and compatible with the City's surrounding zoning classifications. Subdivisions within the City to the east and northeast are R-1-AA while subdivisions further north on Ingram Road and to the west are R-1-A. When the subject property was zoned R-1-AAA, the Mayor & City Commissioners intent was to bring larger and more expensive homes to increase the tax base for the City. However, since this initial zoning, land values have increased dramatically and, as a result, these larger and more expensive homes are now being built on smaller size lots. With the smaller lot size, more homes can be built in a smaller area increasing tax base over the previous larger lot zoning. Additionally, the added number of lots should not appreciably affect the character of the development in this area. It will also permit the City to negotiate with the developer to ensure the paving of Ingram Road along the front of the property to Clarcona-Ocoee Road. Ingram -Heidrich Rezoning RZ-04-03-17 Page 3 of 3 STAFF RECOMMENDATION: Based on the analysis above, Staff recommends that the Planning & Zoning Commission recommend approval of the rezoning of the subject parcel located at 5824 Ingram Road from R- 1-AAA: Single Family Dwelling to R-1-AA: Single Family Dwelling. Attachments: Location Map Future Land Use Map Zoning Map O:\Staff Reports\2004\SR04033 P&Z.doc Ingram-Hiedrich Location Map NNAMED STREET 111 / A rim" iM m� +0 LAKE SI MS y Road Clarcona coe MEA Copy of Public Hearing Advertisement Date Published • L Orlando Sentinel w THURSDAY, APRIL 29, 2004 H15 Advertisement CRY OF OCOEE NOTICE OF PUBLIC HEARING FOR INGRAM-HEIDRICH REZONING APPLICANT: CENTEX HOMES REZONING CASE NUMBER: RZ-04-03.17 NOTICE IS HEREBY GIVEN, pursuant to Subsection 5-9 of the City of Ocoee Land Development Code, that on Tuesday, May 11, 2D04 at 7:00 p.m. or as soon thereafter as practical, the PLANNING & ZONING COMMISSION will hold a PUB- LIC HEARING at the City of Ocoee Commission Chambers, 150 North Lake- shore Drive, Ocoee, Florida, to consider rezoning for a 20.48 +/- acre parcel ; located at 5824 Ingram Road with a Parcel Identification Number of 05-22- 28-0000-00-013. If the applicant's request is approved, this parcel will be rezoned from 'R-1- AAA: Single Family Dwelling' to'R-IAA: Single Family Dwelling'. Ingram-Hiedrich Location Map �tl ias I- mac; a k 4 I i i ram: l J �1 �i In - Pursuant to Subsection 5.9 B. of the Land Development Code, the Planning Director has determined that the requested rezoning is within the Ocoee - Orange County Joint Planning Area (JPA), and consistent with the Ocoee - Orange County JPA Land Use Map and the Ocoee Comprehensive Plan's Future Land Use Map. The complete case file, including a complete legal description by metes and bounds, may be Inspected at the Ocoee Community Development Deport- ment/Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:00 P.m., Monday through Friday, except legal holidays. The Planning & Zoning Commission may continue the public hearings to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or con- tinued public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any Person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this pur. Pose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these Proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407-905.3105. Jean Grafton, City Clerk OLS-W708 4r19iO4