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Home My WebLink About03-09-1999 Agenda Packet ' Ocoee O „, ,� Eilzt '. o CITY OF OCOEE %dr ( PLANNING AND ZONING COMMISSION f�. AGENDA .* OF- 000° March 9, 1999 7:30 PM I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, February 9, 1999 III. NEW BUSINESS A. Colvin [Public Hearing Rezoning Project No. R- 99 -01 -02 B. Devon Cove [Public Hearing] Annexation Case No. AR- 98 -12 -15 C. Devon Cove [Public Hearing] Small Scale Comprehensive Plan Amendment Case No. SSCPA -99 -001 (Acting as Local Planning Agency) D. Devon Cove [Public Hearing] Rezoning Case No. AR- 98 -12 -15 NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:30 p.m. 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. Persons with disabilides needing assistance to pardcipate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. • Planning and Zoning Commission Agenda March 9, 1999 E. First Union / Pease Annexation [Public Hearing] Case No. AP- 95 -08 -05 F. Olympia Development [Public Hearing] Small Scale Comprehensive Plan Amendment Case No. SSCPA -98 -002 (Acting as Local Planning Agency) G. Olympia Development PUD Land Use Plan [Public Hearing] and Preliminary Subdivision Plan Project No. LS -98 -007 a. Public Building Use - Orange County Public Library b. Public Building Use - Orange County Public Elementary School IV. COMMENTS V. ADJOURN ITEM NUMBER 11. A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, February 9, 1999 4 fY'�G. tt' Subject to Board • MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, FEBRUARY 9, 1999 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:35 p.m. A moment of silent meditation was followed by the Pledge of Allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Vice Chairman Bond, Members Christoefl, Landefeld, McKey, Miller and Rhodus. Also present were City Manager Shapiro, Planning Director Wagner, Assistant City Attorney Formella, Senior Planner Lewis and Deputy City Clerk Green. ABSENT: Member Hopkins. CONSENT AGENDA The consent agenda consisted of approval of item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, January 12, 1999. Member Landefeld, seconded by Vice Chairman Bond, moved to approve the consent agenda as presented. Motion carried 7 -0. NEW BUSINESS MEURETT SIGN COMPANY, ANNEXATION - CASE No. AR- 98 -11 -14 - PUBLIC HEARING Planning Director Wagner presented the staff report for the proposed annexation of the 1.83 acre parcel located approximately 500 feet east of Marshall Farms Road directly south of and adjoining the Meurett Sign Company building on Maguire Road. He said the requested annexation satisfies State annexation criteria and eliminates an existing enclave. He concluded with Staffs recommendation for approval. Mr. John Carter, attorney for the petitioner, was present and available to answer questions. In response to questions by Chairman Switzer and Vice Chairman Bond, Mr. Wagner clarified the zoning of parcels surrounding the Meurett Sign Company location. Mr. Wagner said the applicant wants to annex in order to make the parcel a part of the overall sign company site and to secure City services for sewer and water. Planning and Zoning Commission Regular Meeting February 9, 1999 Subject to Board Approval Chairman Switzer opened the public hearing. Ms. Janet Rohe, owner of Sun Spots, a recording studio located at 821 Marshall Farms Road, expressed her concerns about the use of the property to be annexed. She was particularly concerned that noise from additional traffic might adversely impact her firm's recording environment. Addressing her concerns, Mr. John Carter said they would be expanding the parking area, but that traffic would primarily include morning and evening parking by employees and an average of two deliveries per day. In a discussion about plans for the driveway adjacent to Mrs. Rohe's property, Mr. Carter assured Planning and Zoning members that the access easement leading to the property from Marshall Farms Road would not be utilized by company trucks, but rather that access would be from the existing Meurett Sign Company site. Vice Chairman Bond stated for the record, "I'm a real estate broker. I was the lister and the seller of the WGTO building, which was a radio station. Janet Rohe and her husband Tom were my clients at that time. At that time, our Future Land Use Map, when the building was sold a year and a half, two years ago, to the Rohes, it was told to us by the City of Ocoee that on the Future Land Use Map that they would prefer to keep it Commercial rather than Industrial. Coming forward, that's where the position was taken to the best of my recollection with the Marshall Van Landingham property. Now the WGTO building had had a, it was a radio station that had emergency broadcasting feature. There was a huge tower that was sold prior to the Rohe's Sun Spot Productions purchasing the building, and it was also my understanding that the user would be much better as a production company because they didn't require the tower and the tower is, a tower can only be, I think, in an Industrial application zoning." City Manager Shapiro and Mr. Wagner said that is not the case under the new telecommunications ordinance. The placing of a tower is now by district not by zoning. In the discussion which followed regarding towers, Ms. Bond recalled that her transaction with the Rohes had preceded the new ordinance by a few months. Vice Chairman Bond asked Mr. Carter to work with the Rohes as a good neighbor. The public hearing was closed. In response to questions from Member McKey about the proposed use shown in the Analysis and concurrency issues, Mr. Wagner explained that a future expansion of the existing building may extend partially into the site and that concurrency impacts should be minimal as the parcel is small. 2 Planning and Zoning Commission Regular Meeting DRAFT February 9, 1999 Subject to Board Approval As had been recommended by Staff, Member Landefeld, seconded by Member McKey, moved to recommend approval of the Annexation Petition submitted by Muerett Sign Company in Case No. AR- 98- 11 -14. Motion carried 7 -0. MEURETT SIGN COMPANY, REZONING - CASE No. AR- 98 -11 -14 - PUBLIC HEARING Planning Director Wagner presented the staff report for the petition to rezone the subject property as described above from A -1, Citrus Rural District (Orange County) to I- 2, General Industrial District (Ocoee). He explained the alternatives considered by Staff and the precedents for their recommendation. Noting that rezoning this contiguous parcel to a zoning classification consistent with the parent parcel is legally allowable and follows sound zoning practice, Mr. Wagner concluded with Staff's recommendation for approval of I -2 zoning. Chairman Switzer expressed concern about the possibility of noise from the road that runs from this property to Marshall Farms Road. In the discussion which followed Mr. Carter said they have no interest in utilizing the existing access easement as a form of access. Chairman Switzer opened the public hearing. Ms. Rohe asked if there was anything that could be done to protect Sun Spots from possible future use that would include truck traffic. Mr. Wagner said this is a rezoning, not a site development issue Restrictions would have to be addressed in a site development review. Ms. Rohe asked about possible future requests for 1 -2 designation for surrounding businesses, and Mr. Wagner said this circumstance was unique because Meurett already had I -2 zoning. The public hearing was closed. As had been recommended by Staff, Vice Chairman Bond, seconded by Member Landefeld, moved to find the application in Case No. AR- 98- 11 -14: Muerett Sign Company Rezoning, to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement, and to recommend approval of the requested rezoning from A -1 Citrus Rural District (Orange County) to 1 -2 General Industrial District (Ocoee). Motion carried 7 -0. Ms. Bond asked that presentation of the Case to City Commission include request for "good neighbor" consideration for the Rohes concerns. 3 Planning and Zoning Commission Regular Meeting DRAFT February 9, 1999 Subject to Board Approval Assistant City Attorney Formella stated for the record that she could not advise the City on either Brookestone issue due to conflict of interest, and she left the meeting at this time. BROOKESTONE, PRELIMINARY SUBDIVISION PLAN - PROJECT No. LS -98 -003 - PUBLIC HEARING BROOKESTONE FINAL SUBDIVISION PLAN, PHASES 1 AND 2, PROJECT No. LS -98 -003 Senior Planner Lewis presented the staff report for both Plans for the Brookestone Subdivision, explaining that it will include a total of 299 single family residential lots, located approximately a quarter of a mile south of the Florida Turnpike overpass, on the west side of Maguire Road. The Final Subdivision Plan for Phases 1 and 2 includes 208 of the 299 lots. Mr. Lewis explained that the Plan includes the realignment and construction of a portion of Tomyn Road, which will extend parallel to the northern edge of the property, just south of the Florida Turnpike. When it is completed with the first phase of construction, the road will be renamed to Heller Brothers Boulevard. He said Staff recommended approval of both Plans for Brookestone as date stamped received by the City on February 3, 1999, subject to City Commission approval of the accompanying Development Agreement related to the Tomyn Road /Heller Brothers Boulevard realignment and construction. He asked that the Planning and Zoning Commission make a recommendation for each Plan. Member Landefeld asked about the possibility of a greater traffic problem on Maguire Road. Mr. Wagner said the property was vested from concurrency due to prior commitments and approvals from years ago. Member Bond asked when this project was started, and Mr. Shapiro responded, giving the history of Heller Bros. relationship to the City. He said it was important to note that the widening of Maguire Road does include all the trips if all the land was developed in accordance with our Land Use Plan. Member Christoefl and Mr. Shapiro discussed traffic on and plans for Maguire Road. Chairman Switzer opened the public hearing. Ms Holly Myers, Miller McCoy Einhouse & Associates Inc., 918 Lucerne Terrace, and Mr. Dean Cannon, Gray, Harris, Robinson, 201 East Plant Street, Suite 1200, Winter Garden, expressed concerns about access and frontage of a piece of property owned by Mr. Dempsey Boyd that fronts Tomyn Road. Mr. Wagner said this issue had come up several days before and Mr. Shapiro said that a reasonable solution could be worked out prior to the City Commission meeting. Discussion followed. 4 :9n Planning and Zoning Commission Regular Meeting Sub eCt February 9, 1999 to Board Approval Mr. Charlie True, professional engineer, Donald W. McIntosh and Associates, 2200 Park Avenue, North, Winter Park, the engineer for the project, said he thought Centex had bent over backward to meet all the zoning requirements. He said it will be a nice project, and no right -of -way will be taken. He said Centex is ready to move forward. The public hearing was closed. Member Christoefl asked about the entrance on Maguire Road, noting her concern about its proximity to the Wesmere entrance. Mr. True answered that access points were set at acceptable distances several years before, and the location was based on traffic standards. As had been recommended by Staff, Member Landefeld, seconded by Member Christoefl, moved to recommend approval of the Brookestone Preliminary Subdivision Plan, Project No. LS -98 -003, as date stamped received by the City on February 3, 1999, subject to City Commission approval of the Development Agreement. Motion carried 7- 0. The public hearing for the Final Subdivision Plan was opened and, as no one wished to speak, it was closed. As had been recommended by Staff, Chairman Switzer, seconded by Member Rhodus, moved to recommend approval of the Brookestone Final Subdivision Plan, Phases 1 & 2, Project No. LS -98 -003, as date stamped received by the City on February 3, 1999, subject to City Commission approval of the Development Agreement. Motion carried 7 -0. Senior Planner Lewis advised there will be another Final Subdivision Plan for Phase 3. COMMENTS Member Christoefl asked more questions about Tomyn Road, and Mr. Shapiro responded. Planning Director Wagner announced that the Olympia Development Tract will be discussed in the next regular meeting. He said the ten acre commercial parcel at Clarke and Silver Star will include both the library and the elementary school site. He said it would be the public hearing to consider the annexation, land use change and rezoning of the property. 5 DRAFT Planning and Zoning Commission Regular Meeting February 9, 1999 Subject to Board Approval ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Attest: APPROVED: Marian Green, Deputy City Clerk Harold Switzer, Chairman 6 ITEM NUMBER III. A. Colvin Rezoning Case No. R- 99 -01 -02 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Qv OCOee COMMISSIONERS CITY OF OCOEE DANNY HOWELL � SCOTT ANDERSON .�,` tit • 150 N. LAKESHORE DRIVE SCOTT A. GLASS v \ p OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER � � \\ /` ? c. , (407) 656 -2322 yj ` VV / �` CITY MANAGER E4 Gf G00V �` ELLIS SHAPIRO STAFF REPORT DATE: February 25, 1999 TO: The Planning and Zoning Commission FROM: Robert Lewis, AICP, Senior Planner THROUGH: Russ Wagner, AICP, Director of Planning ) 9 j / SUBJECT: Clayton Colvin Rezoning Zoning change from C -1 to C -2 Project # R- 99 -01 -02 ISSUE: Should the Planning and Zoning Commission recommend approval of the above application to rezone a 0.14 acre parcel from C -1, Neighborhood Shopping District, to C -2, Community Commercial District? BACKGROUND: The subject property is located at 140 South Bluford Avenue, which is the northeast corner of Bluford Avenue and Lafayette Street. The site is occupied by a small commercial building. The future land use designation of the property is Commercial which permits all three Ocoee commercial zoning districts (C -1, C -2 & C -3). The surrounding zoning is C -2 to the north, R -1 -A to the east and west, and A -1 to the south (Ocoee Middle School). DISCUSSION: The subject property is within the old downtown section of Ocoee, a few blocks south of City Hall. The character of the area includes community commercial uses along Bluford Avenue and McKey Street (one block north) and primarily residential uses in the surrounding area. Ocoee Middle School and Ocoee Elementary School are located along the east side of Bluford Avenue south of the subject property. The building and character of the subject property are very similar to the other nearby commercial uses which currently have C -2 zoning. Ocoee Middle School will be undergoing a major reconstruction with many new two story buildings in the near future. Other than that, the existing conditions along this part of Bluford Avenue are not expected to change in the foreseeable future. The Table of Permitted Uses (Table 5 -1) from the Ocoee Land Development Code is attached for reference showing that there would be numerous additional uses permitted on the subject property with C -2 zoning. February 25, 1999 Planning and Zoning Commission Page 2 Considering the existing zoning and development pattern in the area along with the stated goals, objectives and policies of the Ocoee Comprehensive Plan, the proposed zoning can be considered to be consistent with the City of Ocoee's: 1) Comprehensive Plan; 2) Future Land Use Map; 3) Land Development Code; 4) existing development patterns; and 5) surrounding zoning districts. STAFF RECOMMENDATION: Staff respectfully recommends that the Planning and Zoning Commission find that the Clayton Colvin application (Case # R- 99- O1 -02) is consistent with the Ocoee: 1) Future Land Use Map, 2) Land Development Code, 3) existing development patterns, 4) surrounding zoning districts, and 5) stated goals, objectives and policies of the Ocoee Comprehensive Plan, and further recommends that the Planning and Zoning Commission recommend approval of this application to rezone the subject property to C -2, Community Commercial District. Attachments: Location Map Surrounding Zoning Map Copy of Public Hearing Advertisement Table of Permitted Uses (Table 5 -1) P: \RLEWIS\ALL _DATA \rlpdfile \Staff Reports (1999) \SR99015.doc r. Colvin Rezoning Location Map i - E3gax_ E�� o f e .. Ar' x {r J „ t- LMANKLJN sr '' P _ x . -: • 1 y „ x ' x ! MUNICIPAL ..1::::::.* 6 .� t l f : a ,t � Y c OAKLAND ST . lf ::::::::::::::::::::::::::::::.:::.::::::::::::::.::::.....:.::::::.:::::::. gal .., \ z s 1 \ .............._....“.............. ... .•.•.............,............. ... MOLLY ST I 1 I— o MASVmwsr W .1 11E1111 1 ....:.:...........::::::::::::::::.::::::::.:.:.:.:.::•:•:•:::::.::.:.:.:....:•:::: .. • -••••••••••••••••••••••.................... LLDRAL ST !tg LIFAVETIE BT . INIFiiiMil iiiiikza illitiliiii..1 . ... /�� DE Ilk . .....$.:::;.:,.............• OHIO ST MIDDLE ' .',.....::•.4i.:::::::. a e. OCOEE SCHOOL x e f DELAWARE AVE x' �- x 1 1 1 \ ELEMENTARY .... �.X.; , `. f � .. • Legend: • Subject Property N N Ocoee - Orange County Joint Planning Area N trli Ocoee City Limits Orange County parcels - outside Ocoee / \ / Ocoee Utility Service Boundary Roads %: ? Lakes F Colvin Rezoning Surrounding Zoning Map R -, AA R -1 I NA , MUNICIPAL . S { R -1 • AA I -1 AA R -1 AA N COMPm R•1 • • PS el .................... . . . .......... v ' o 1 OA KLAN D S< _ . Z . R. L, 1 ., . o _ i� .. " . •" „ " ................................................................................................ ............................................. ........................................... :::::::::::::::::::::::::::::.:::::::::::::::::.::.:::::::::::::::::::::::::::::::::::: ...........................................................„ ...........:.:::::::.:.::::::::.::::::.::...........::::::::::::::::::::::::.: WIEN ST .0 111 ; 1111111111 ilil(aI IIII i 111111111122 . Ili ... 1 ■ 1110 R; , .. = Ili■ I I : :. iirgiaird 1111111111 •-•,:;,;.' ..-:::. ::::::::::::::::::::::::::::::::::::::::::::: ��` OHIO S7 RIM R -1AA R-1 AA R-1 AA s Orange County Enclave DELAWARE AVE I 107' • n' 1, ... •.••••••............•... 7th S7 '.' .,-- - I s e Legend: ing Subject Property r - r R -1A, Single Family Dwelling 1 Ocoee - Orange County Joint Planning Area f I R -1, Single Family Dwelling A p i RT -1, Mobile Home Subdivision District I V ,Av Ocoee City Limits 1 1 R -2, One and Two Family Dwelling 1 Roads i 1 PUD- Medium Density Residential NE Lakes pµ }. R -3, Multi Family Dwelling A -1, General Agriculture I 1 PUD -High Density Residential in P -S, Professional Offices and Services i 1 A -2, Suburban r I C -1, Neighborhood Shopping 1 1 PUD -Low Density Residential 1 1 C -2, Community Commercial l i PUD - Commercial 1 1 R -1AAA, Single Family Dwelling m C -3, General Commercial l I R -1AA, Single Family Dwelling 1 i I -1, Restricted Manufacturing & Warehousing F 1 1 -2, General Industrial The Orlando Sentinel, Thursday, February 25, 1999 � CRY COLVIN NOTICE IS HEREBY GIVEN pursuant to Sections 1 -10 and 5-9, Ocoee Land De- velopment Code that on Tuesday, March 9, 1999 at 7:30 p.m., or soon the as practical, the city of Owes thinning and Zoning Coronas- skin hold a Public Hearing the Cl i isaion Chambers 150 North Lakeshore Drive, Ocoee,. ro mind* a request for rezoning for Florida, ar- in hf�l located on the nay- = er of A fayettteeSSrtrreyeett and If r quu rezoning would rd'ezofla the from C - 1', Neiphborhocd S *C-2', District to C Commercial District, for tne 0. a parcel, as requested by the p►bpirty TOO Punning and Zoning Commhtlon wf t mace recommendations 10 the Oooss City Commission as to the Ma- nn* of the r action to the mot* Ian. Pursuant gerCe Land Develop- , the Director has determned i rist p r Plan. wllh m_ mNa, 150 North Lakeshore Drive, be twain the hours of 8:00 a.m. end 5:00 p.m., Monday through Friday, nap* hag* holidays. The Ocoee Planning and Zoning Com- mission may continue the pubic hNr- ing to other dates and times as they deem necessary. Any Interested pant ANN be advised that the dates, times and places of any continuation of thls or continued public hearings ahai be announced no further notices regarding g Moe Monitors will be publislhed Interested parties may appear at the public hearing and be heard with re- spect person to who Rezoning to aappgeliaClaaanyy. MY sion m during the public heanhg need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the aromaed ings is made which includes Nos 1NN- many and evidence upon which the sp- peal is based. Persons with dlsa11a'— needing assistance to participate in any of proceedings should contact the Ci g office 48 hours in advance of the meeting (407) 656-2322. .LEAN • OLS257W34 FE& 25.1929. Table of Permitted Uses (Table 5 -1) "P" = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. = This Use is not permitted in this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 ..... :. , . ,. . H . , s . ... , H � , . : x „, a ,. ,ac,,y� � d`p'i � +T Ac v , 'L��^i.>,': � a . aye d"�^, .± :� �' ' '; ti ; 4 - . a . .r � �, {ni r. A ricu Us � �. � �. � �a �. � �� x M � � , �� _ , $ { � , �., .....: � � ILA., - +!.�ta5�t �rt .r Y ^ae �e • ! .J: �*FA�''�,e,2 .e ,:.. x.�. 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'vw �i;'.by s ` o� „ .1, ft y „�W H dt -. ` � ti �'�? f� � t � •`i� �,�A,o s � w; i:'��, �,� • F . � < � s � ✓ND41d'�k ... ,�.rK'.;�.G�1GL.u. w, . i ;S T ..E V...;.st ,,s - �fa� Adult Congregate Living Facility P P P P P P P P P P - - - - - - - (ACLF) Community Residential Home, P P P P P P P P P P - - - - - - - Major Community Residential Home, P P P P P P P P P P - - - - - - - Minor Dwelling, Single Family P P P P P P P P P P - - S - Dwelling, Two Family P - - - - - - - P P - - - - Dwelling, Multi- family - - - - - - - - - P - - - - Dwelling, Mobile Home P - - - - - - - - P - - - - MixebUse Development (Mixed - - - - - - - - - - - S S S S S - use development will be allowed b PUD and s•ecial use districts 01/15/99 9:44:27 AM Page 1 Exhibit to Ordinance 99 -08 \ \gis_doc1 \planning \ahorne\aIl_ data\ ordinanc\ borrowpitsexhibitproposedrvtbl - 1 a.doc • • Table of Permitted Uses (Table 5 -1) " P " = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " =' = This Use is not permitted in this Zoning District Use A -1 1 A -2 i RCE -1 i RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 adhering to the requirements specified in Article IV) Mobile Home Development - - - - - - - - - - P - - - - - - Nursing Home i - S S - - S P P P .nu.r•.c,rn.. ,� eNx,"v..�,. ±�,. ter, . .,,.s,+°r,^a` -,ka a••Es .`. =r7:7717.3 �d� � � ', °. 'Y::.. `n .:iti. �' ¢? ».. .,� «,cn wr�u- xw�cr,•'mr ,. <?. 'X"• a.. °"T�'�' z z,'` k 4 ' �•" u� 'f � rr »artc+*• +poav�s .., rr....!tun.T!`if'rc .. f5^, .. ,.. .. .; ;' .:.ft .,a ,. � °+ ,�. e... � . ,*, . >, � ..,- ..a ., < ,•ya,^ i�` v , u 2.:. "' r a.o;£�, . �*r€.. .. _. .. :. . ,� ... ..... .. ..:.. ..: K ..�... » ae f�,. r �', .. .� . �.. . �. , . ,. .. ..•.ry 2 "^ . r �,'EFl, ;r;4..� � x -.,,�, . R. .. �". "° "• " ?. .F? ,a... ,, ,% ..YS. ro. t .i 2 S« ,.a . : - ti., `5� 5..., , .r f t F. y�, s � . } wa ��.�. ..w1.4 e+.z�r* � .�,- u r�: d R x �... .v �.,�.. •. 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" : %. � `o ��`e Gom et'GI.� SeS 4 M1 �, , . }• .V = YY y 0.g M k5.» ��n 44 C2 WL �'.,. �a "� ' " cif i#vs& &P+z�^�'rYtNbz'as. . �aw ,.,, .k•.3;��. s.:�,:e,��...: .,.G� � a � ��` Adult Entertainment - - - - - - - - - - S - - Establishments Appliance Store - - - - - - - - - - P P P Automotive Body Repair - - - - - - - - - - - P Automobile Parking Lot - - - - - - - - - - - P P P P Automobile Repair - - - - - - - - - - - - - S P P P Automobile Sales (New and - - - - - - - - - - - - - S P P Used) Automobile Service Station - - - - - - - - - - - - - S P P P Automotive Wrecking or Salvage - - - - - - - - - - - - - P Yards Bar (in association with a - - - - - - - - - - - - - P P P P 01/15/99 9:44:27 AM Page 2 Exhibit to Ordinance 99 -08 \ \gis_docl \planning \ahorne \all_ data\ ordinanc\ borrowpitsexhibitproposedrvtbl - 1 a.doc Table of Permitted Uses (Table 5 -1) lo = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other Hs. = Special Exception in that Zoning District (requires advertised public hearings) development requirements. 1121 = This Use is not permitted in this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 restaurant with seats for 45 people) Boat Sales and Service - - - - - - - - - - P P Bus Terminal - - - - - - - - P P Car Wash - - - - - - - - - - - - - - P P - Clinic, Dental or Medical - - - - - - - - - - - P P P P P P Commercial, Convenience - - - - - - - - - - - - P P P P P Commercial, Convenience with - - - - - - - - - - - - - S P P P Gas Sales Commercial, Retail - - - - - - - - - - P P P S Department Store - - - - - - - - - P P P Drive In Restaurant (Boundaries - - - - - - - - - - — - P P P of tract of land are no less than 200 feet from any residence) Equipment Sales - - - - - - - - - - - - S P P P P Funeral Parlor - - - - - - - - - - P P P F urniture Repair and Upholstery - - - - - - - - - - - - - P P P - 01/15/99 9:44:27 AM Page 3 Exhibit to Ordinance 99 -08 \ \gis_docl \planning \ahorne \all_ data\ ordinanc\ borrowpitsexhibitproposedrvtbl - 1 a.doc Table of Permitted Uses (Table 5 -1) "P" = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other Hsi, = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " =' = This Use is not permitted in this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 Furniture Store - - - - - - - - - - - - - P P P - Gallery/ Museum - - - - - - - - - - - - - P P P - Gas Station - - - - - - - - - - - - - S P P - Grocery Store/ Supermarket - - - - - - - - - - - - - P P P - Heating and Air Conditioning - - - - - - - - - - - - - - P P - Sales and Service with outside storage Heating, Ventilating, Plumbing - - - - - - - - - - - - - P P P - Supplies, Sales, & Service Hospital - S S - - - - - - - - - - P P P - Hotel or Motel - - - - - - - - - - - - - S P P - Interior Decorating Store - - - - - - - - - - - - - P P P - Live Entertainment - - - - - - - - - - - - - - S - - Establishment Liquor Store, No on- premise - - - - - - - - - - - - - P P P - consumption Miniature Golf Course/ Driving - - - - - - - - - - - - - P P P - 01/15/99 9:44:27 AM Page 4 Exhibit to Ordinance 99 -08 \ \gis_docl \planning \ahorne \all data\ ordinanc\ borrowpitsexhibitproposedrvtbl5 - 1 a.doc Table of Permitted Uses (Table 5 -1) "P" = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " =' = This Use is not permitted in this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 Range Mobile Home and Travel Trailer - - - - - - - - - - - - - - P P - Sales Monument Sales - - - - - - - - - - - - - - P P - Movie Theater - - - - - - - - - - - - - P P P - Music, Radio, TV Shop - - - - - - - - - - - - - P P P - Nursery/ Garden Supply Store - - - - - - - - - - - - - P P P - Pawn Shop - - - - - - - - - - - - - P P P - Pre- Fabricated House Sales - - - - - - - - - - - - - - P P - Printing, Book Binding, - - - - - - - - - - - - - - P P - Lithograph, and Publishing Plants Professional Offices - - - - - - - - - - - P P P P P P Radio Broadcasting and TV - - - - - - - - - - - - - - P P - Stations, Studios, & Offices Recreational Vehicle Park - - - - - - - - - - - - - - S S S Restaurant - - - - - - - - - - - - P P P p p 01/15/99 9:44:27 AM Page 5 Exhibit to Ordinance 99 -08 \ \gis_docl \planning \ahorne \all_ data\ ordinanc\ borrowpitsexhibitproposedrvtbl5 - 1 a.doc Table of Permitted Uses (Table 5 -1) "P" = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other „s., = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " =' = This Use is not permitted in this Zoning District Use A -1 A -2 RCE -1 RCE -2 R -1A R -1 R -1AAA R -1AA R -2 R -3 RT -1 PS C -1 C -2 C -3 1 -1 1 -2 Sign Painting Shop - - - - - - - - - - - - - - P P - Storage Warehouse - - - - - - - - - - - - - - P P - Veterinary Hospitals and - - - - - - - - - - - - - - P P - Kennels when confined within structure . n a , ...,.. .�s , :u\`q �,- *,^� ,,Kt . ? .3.1k ..• :Fat `4 >.,a; s': . e. ... +.- ''4F : J c *�' " '�1 `l. t , ' ,,15, , ��, "+ P ,, $ ,,,%, s ;. �. ' � o •ate �`;F �� si• � � � nk '2 j . ,' '..,�'�"° +, � � �; , i?�.,,�,� :!�' :S �• �+ M�• •• .'� . � ,��,, �' �� -� �,. e °` 0: ti , L . ^ � v . Q r e v ,t w t •' ' j .'. �'. -�q' •`. +•'Y:. ! i( '' .. ,, . y . c e �Gi 's n al es � , t;� , : k* % <�� q . , r, ; >, • < � 71110 at� :e.;,�, , �� : �asa°� '� '. � ' ��: ._ _: � ' �� .� . � � . 3. , . . .�. , . . , �.�;. .�. S r . , , _ � ��. .� ��z�_� _ . " ,� r .�.�� ^, - •� ., . . Borrow Pits - - - - - - - - - - - - - - - - S Industrial Park - - - - - - - - - - - - - - - P P P P Industrial, Light - - - - - - - - - - - - - - - Industry, Heavy - - - - - - - - - - - - - - - - P Truck Stop - - - - - - - - - - - - - - - - P Warehousing/ Distribution - - - - - - - - - - - - - - - P P •Y .N i t �' F . ��r. . � �` 7Y e�� 6 7 '; k �k� � � <Krk: `� ;;�• 'e . , ;� ts. � y .P T•. f i, r n t: M �• ' d t tra ' . K n ..•. ( 1 9!. '�rA : ' r1, 9' n'� �^ W.''. +,� r ^' 'a. :k t,: 9 'M � E ' 4 e ,, 1,. F,',' ° . `•(rG i. I�. , :f.� . :h , � '. R•'ti'�, d • .a5, ' .t •,,� �}� ':qro ». s �'r� ti � �J A � ��,''yy ,e + •1Pf � L ^, !�' �� , ,}� : ) , ;'• e {�. t �. « <ra ': 9�,4J ' '' -' :M`. .ow �°. - r 'r r.^ M 4 , "<;„. � Pl�ll rS u « ses :a:' ,� ,��„, ,}}t��?. Ba ��r� � ��,, r�. �.��; �� t �.. ��. � .�' .a, .�. ';� ,�• � � u n �: ��.r, �''�.. Wi+ux �;Sa+r�w�.. eol�w Nn,��",. .L, •re � S b .��. 4lMt+" iiP4.. �xw+d d, r..� � �i`,"� k ,�� ^sw ' 14 l', a ... "M+± T ie ;, �':� Child Care Facilities - - - - - - - - S S - - S S S S - Church P P P P S S S S S S S - S S S - - 01/15/99 9:44:27 AM Page 6 Exhibit to Ordinance 99 -08 \ \gis_docl \planning\ahorne \all_ data\ ordinanc\ borrowpitsexhibitproposedrvtbl5 - 1 a.doc Table of Permitted Uses (Table 5 -1) " P " = Permitted Use in that Zoning District Refer to Table 5 -2 for setbacks and other "S" = Special Exception in that Zoning District (requires advertised public hearings) development requirements. " =' = This Use is not permitted in this Zoning District Use 1 -2 Club or Community Use - - - - - - - - - S - S S S S - - Conservation Use P P P P P P P P P P P P P P P P P Golf Course/ Country Club P P P P P P P P P P - - -- P P P P Public Service or Utility S S S S S S S S S S S SS S S SS Public Service, Essential P P P P P P P P P P P P P P P P P Recreation Facility, Commercial - - - - - - -- - - - - - - P P P P Recreation Facility, P P P P S S S S S S S SS S S SS Neighborhood School P P P P S S S S S S S S S S S - - Telecommunications Service Facilities (Refer to Article V, Section 5 -19 and Map 5 -19) 01/15/99 9:44:27 AM Page 7 Exhibit to Ordinance 99 -08 \ \gis_docl \planning \ahorne \all_ data\ ordinanc\ borrowpitsexhibitproposedrvtbl5 - 1 a.doc ITEM NUMBER 11I. B. Devon Cove Annexation Case No. AP- 98 -12 -15 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS � CITY OF OCOEE DANNY HOWELL ..z• • o • 150 N. LAKESHORE DRIVE SCOTT ANDERSON SCOTT A. C OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER r+ v (407) 656 -2322 yl �`? CITY MANAGER E� Of G00� N` ELLIS SHAPIRO STAFF REPORT DATE: March 5, 1999 TO: The Planning and Zoning Commission FROM: Brad Friel, AICP, Capital Projects / Transportation Planner 0 THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Devon Cove Annexation (Case Number AR- 98- 12 -15) ISSUE: Should the Planning and Zoning Commission recommend approval of the subject annexation petition? BACKGROUND: The subject property is located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The 5.0 acre parcel is vacant. The development potential for this property is approximately 10 single family homes. Prior to recent action that was taken by Orange County and the City of Ocoee to amend the Joint Planning Area Land Use Map, the subject property was not included within the JPA. As such, the property was not included on Ocoee's Future Land Use Map. Accordingly, a companion Small Scale Comprehensive Plan Amendment is also being processed to change the boundaries of Ocoee's Future Land Use Map to include the approximately 5 acre parcel and establish a Low Density Residential classification. The applicant has also requested an Ocoee zoning classification of R1 -A, which would be consistent with the above referenced land use designations. Since Orange County and the City of Ocoee have already amended the Joint Planning Area Agreement, the subject property is now located within the Ocoee - Orange County Joint Planning Area (JPA), and it abuts the Ocoee City limits on three sides. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria. We have notified Orange County Planning Staff of the Annexation Petition and they have no objections. Accordingly, the Page 2, Planning and Zoning Commission Devon Cove Annexation requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis. We have determined that the City can adequately provide a full range of urban services to the subject property, pending certain infrastructure improvements. As with all new developments in Ocoee, the developer may be required to make certain improvements before subdivision approval, as appropriate. Typically, an Annexation agreement is required as part of the annexation approval process to address right -of -way and /or utility issues. This project also includes an Annexation Agreement, which is attached. This agreement addresses the City's requirement that the applicant provide a local roadway connection ( stub -out) to the property adjacent to the western boundary of the subject property. Staff believes that the western connection could be accommodated without adversely affecting the proposed subdivision, while ensuring that the adjoining property will not be landlocked. DEVELOPMENT REVIEW COMMITTEE MEETING: On January 6, 1999, the Development Review Committee (DRC) met to consider the Devon Cove Annexation request. After considerable discussion, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation with two conditions: 1. Approval subject to the City Commission approving the Joint Planning Area Agreement. (this item is complete) 2. Approval subject to an annexation agreement be entered into which requires an access from the subject property to the property adjoining to the west. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the Annexation Petition of Devon Cove in Case Number AR- 98- 12 -15, subject to approval of the Annexation Agreement. Attachments: Location Map Annexation Feasibility & Public Facilities Analysis Public Hearing Ad Annexation Agreement P:\CALEXANDER\ALL_DATA \CAPDFILE \Staff Reports \P &Z SR \SR99017.doc Devon Cove Location Map ea r � ¢ r r r :�, .o Q , ..<4;X:•:::•;•:•:•:• , f ,t� r , ar t MT" r r �� '��, ' i :. .. i► the ' O hap, .. r.- �oc xuticr I ► IL 1 is ' 1 , i ii NW i - 1 I III Subjec I l I I 4r 0 'JINN 111 4 -4111 11 1 1 -. I + A. Q. Mims Ro I A RD a I j i� L 1 1 Legend: ® Subject Property N Ocoee - Orange County Joint Planning Area I V Ocoee City Limits Orange County parcels - outside Ocoee / / Ocoee Utility Service Boundary Roads Wil Lakes City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Case Number: AR- 98 -12 -15 Devon Cove 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: Horne A. Applicant(s): The Midland Group, Inc., 6529 Aladdin Drive, Orlando, Florida 32818 Contact Phone #: 407 - 521 -7163 B. Property Location: 1. Parcels: 10- 22 -28- 0000 -00 -074; 10- 22 -28- 0000 -00 -128; and 03- 22 -28- 2834 -01 -201 2. Directions: Approximately 300 feet southwest of the intersection of Loq Run Court. and Prairie Lake Boulevard. 3. Size: 5.0 +/- acres C. Use Characteristics: 1. Proposed Residential Units: 10 homes. 2. Projected Population: 30 people. 3. Existing Use: vacant. 4. Proposed Use: Single family homes D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: R -1AAA, Residential Urban District 2. Orange County FLU Designation: 1 dwellinq unit per acre but CPP policy allows 2 dua 3. Requested City of Ocoee Zoning Classification: R -1A, Single Family Dwelling District 4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 d.u.a.) 5. Consistent With: Comp Plan ?? Yes. JPA ?? No. 6. Comp Plan Amendment Required? Yes. When? Jan/ Feb 99 II. Fire Department: Chief Strosnider A. Estimated Response Time: One to two minutes. B. Distance Traveled (to property): Less than a quarter mile. C. Nearest Fire Hydrant: 450 feet south on Prairie Lake Blvd. D. Fire Flow Requirements: To be determined. III. Police Department: Chief Mark A. Estimated Response Time: Four to five minutes. B. Distance Traveled (to property): Three and a half miles. C. Police Patrol Zone: North. • - Page 1 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Case Number: AR- 98 -12 -15 Devon Cove Annexation IV. Finances: Horne A. Theoretical Assessed Value: 1,000,000 (theoretically 10 $100,000.00 single family homes.) B. Estimated City of Ocoee Ad Valorem Tax Revenue: $4,000.00 C. Anticipated Licenses & Permits: $55,000.00 D. Total Projected Revenues: $59,000.00 V. Utilities: Shira A. Potable Water Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? Water line is along Prairie Lake Boulevard. 3. Size of Water Main? 16 inches. 4. Est'd Water Demand (300 gpd per ERU)? 3,000 qpd 5. Can City Service this Property? Yes. 6. Extension Needed? Yes. 7. Developer Agreement Needed? Yes. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? None in this vicinity. 3. Size of Sewer Main? None. 4. Est'd Sewer Demand (270 gpd per ERU)? 2,700 qpd 5. Can City Service this Property? Yes. 6. Extension Needed? Yes. 7. Developer Agreement Needed? Yes. C. Other Utility Issues: Bob Smith 1. Utility Easement Needed? Possibly, as part of the subdivision approval process. 2. Private Lift Station Site Needed? No. 3. Well Protection Area Needed? None. 4. Other Comments: None. • - Page2- • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Case Number: AR- 98 -12 -15 Devon Cove Annexation VI. Transportation: Friel A. Paved Access to Property? No. Describe: Needs access off of Prairie Lake Boulevard to proposed annexation land. B. ROW Dedication? Yes, internal subdivision roads. Specify: Meet City of Ocoee standards for roadway width, design, etc. C. Traffic Study: Possibly required as part of subdivision approval process. D. Traffic Zone: E. Other Traffic Improvements Needed: No. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subiect to an official concurrency evaluation during the subdivision plan approval process. B. Parks /Recreation: At the time of the analysis, sufficient park capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subiect to an official concurrencv evaluation during the subdivision plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on -site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. F. Potential Impact Fees: The following fees are given for illustrative purposes only and are based on 10 theoretical 2,000 square foot homes. Actual impact fees will be calculated during the subdivision plan approval process. 1. Water: $9,660.00 5. Police: $13,950.00 2. Sewer: N/A - on septic. 6. Fire: $1,720.00 3. Irrigation: $9,660.00 7. Recreation: $2,220.00 4. Traffic: E. Other Issues: None. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: $55,000.00 B. Within 100 year flood plain: No. IX. Specify Other Comments & Considerations Below: None. P:\AHORNEWLL DATA\ANX -REZ\ Active \DevonCoveAX\ANFDevon.doc • - Page3- • h�►1liipYf�r iiru* 1M ear . FOR "" 14 N D. i111- �NN•1l4N: DEVON COVE NOTICE IS HEREBY GIVEN pursuant to Sections 1 -10 and 5-9, Ocoee Land De- velopment Code, that on Tuesday, March 9, 1999 at 7:30 p.m., or as soon thereafter as practical, the City of Ocoee Planning and Zoning Commis- sion will hold a Public Hearin0 at the City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider a petition for annexation and a request lor for certa vird of the (nterssctto of ►$ls Lake Boulevard and Log Run Court. M approved, the Annexation would Moor- goals the property into the Ocoee. If approved, the Re would rezone the property from 1AAA• Residential Urban District e ty a age ) to 'R -A", Single F Oweilly poreel, as request y the ply owrrra. The Planning and Zoning Com ww1B1 make recommendations to tie Commission as to the relationship the requested actions to the Oases ensive Plan. Pursuant b Sep dare (B) of the Land Development Code, the Planning Director has dMat- n* sd Net the requested zoning plmeI. fication is consistent with the Oohs Comprehensive Plan. The compile Caro file may be inspected at Ole oN Planning Department; ; 150 Ns 01 Drive, between the home of a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee Planning and Zoning Com- mission may continue the public hear - 0 other dates and times as they necessary. Any interested pony advised that the dates, ernes, and of continuation of ewe n ued public hearings she be announced during the hearing and Nat no further notidearep aging Ouse mrt- ters will be pubuahed: Interested parties may appear at the public hearing and be heard with re- spect to the Annexation and Rezoning application. Any person who desires to appeal any decision made during the public proceeding ��g will lfonee s a�re r cord de of the may need to ensure that a verbatim record of the proceedings is made which in- cludes the testimony and evidence up- on which the appeal ia based. Persons with c diisabilities needing assistance to participate at�c any a City m Cler proceedings office 4 hours in advance of the meeting at (407) 656-2322. 6 562322. tY Of OODEE 0L82517049 FED. 20. t00 THIS INSTRUMENT PREPARED BY: Martha H. Formella, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802 -2193 (407) 423-7656 AFTER RECORDING RETURN TO: For Recording Purposes Only Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Case No.: AR- 98- 12 -15: Devon Cove ANNEXATION AGREEMENT [Roadway Connection] THIS ANNEXATION AGREEMENT (this "Agreement ") is made this day of , 1999, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City "), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and THE MIDLAND GROUP, INC. (hereinafter collectively referred to as the "Owner "), whose mailing address is 6529 Aladdin Drive, Orlando, Florida 32818. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property "); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission ") to voluntarily annex the Property into the corporate limits of the City (the "Petition "); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement "), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and 006.129361.1 WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. ROADWAY CONNECTION. The Final Subdivision Plan and Plat for the Property shall provide for a local roadway connection through the Property for the benefit of certain land adjacent to the western boundary of the Property. SECTION 3. ANNEXATION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 99- for Case No. AR- 98- 12 -15, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. Owner: The Midland Group, Inc. Attn: Lee Marshall, President 6529 Aladdin Drive Orlando, Florida 32818 -2- 006.129361.1 CrrY: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 5. NOTICES; DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non - defaulting party, including, but not limited to the right of specific performance. SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 8. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. 006.129361.1 -3- SECTION 12. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 13. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. Signed, sealed and delivered "CITY" in the presence of: CITY OF OCOEE, a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Jean Grafton, City Clerk Signature Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of 1999. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMiViISSION AT A MEETING HELD ON , 1999 UNDER AGENDA By: ITEM NO. City Attorney 006.129361.1 -4- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 006.129361.1 -5- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 1999. Signed, sealed and delivered "OWNER" in the presence of: THE MIDLAND GROUP, INC., a corporation By: Signature Name: Print /Type Name Title: Signature Print/Type Name (CORPORATE SEAL) STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as of , a corporation, who [ ] is personally known to me or [ ] produced as identification, and that he /she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him /her, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1999. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 006.129361.1 -6- EXHIBIT "A" The Property [ To Be Provided By City Or Owner ] LEGAL DESCRIPTION 10- 22 -28- 0000 -00128 E2 of W4 of SE4 of NW4 lying N of SCL RR Or B&P 47)1/3016, on 09- 02 -94; Inst WD 10- 22- 28- 0000 -00074 W1/8 of SE1 /4 of NW1 /4 Lying N of SCL RR Or B&P 4402/3102,On 04 -16 -92 Inst QC • JOINDER, CONSENT, AND SUBORDINATION The undersigned hereby certifies that is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that the mortgage, lien or other encumbrance by in favor of in the original principal amount of $ , which is recorded in Official Records Book , Page , all of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. IN WITNESS WHEREOF, the undersigned has caused this Joinder, Consent and Subordination to be duly executed by its authorized officer or representative this _ day of ,19 Signed, sealed and delivered "OWNER" in the presence of: a By: Signature Name: Print/Type Name Title: Signature Print/Type Name (CORPORATE SEAL) 006.129361.1 -8- STATE OF ) COUNTY OF ) THIS IS TO CERTIFY that on this day of , 199_, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared , as of , who [ ] is personally known to me or [ ] produced as identification, and that he /she acknowledged executing the foregoing instrument on behalf of said , in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him /her. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 006.129361.1 -9- ITEM NUMBER III. C. Devon Cove Small Scale Comprehensive Plan Amendment Case No. SSCPA -99 -001 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee � COMMISSIONERS CITY OF OCOEE DANNY HOWELL �� • • O 150 N. LAKESHORE DRIVE SCOTT ANDERSON SCOTT A. GLASS cze OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER v (407) 656 -2322 J. �� CITY MANAGER E� Of G00V %>4‘ ` ELLIS SHAPIRO STAFF REPORT DATE: March 5, 1999 TO: The Planning & Zoning Commission (acting as the Local Planning Agency) FROM: Brad Friel, AICP, Capital Projects / Transportation Planner THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Devon Cove - Small Scale Comprehensive Plan Amendment CASE NO.: SSCPA -99 -001 ISSUE: Should the Planning and Zoning Commission recommend approval of the proposed Small Scale Comprehensive Plan Land Use Amendment from Orange County, Rural Settlement to Ocoee, Low Density Residential? BACKGROUND: The subject property is undeveloped and located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The underlying Orange County Future Land Use designation of the 5 acre property is Rural Settlement which allows for up to two dwelling units per acre. Based upon prior action of Orange County and the City of Ocoee, the Joint Planning Area Land Use Map and JPA boundary was amended to permit up to 5 acres of Low Density Residential development on this site. Per the JPA Agreement, even though the City and County may mutually agree on a appropriate land use for a parcel within the JPA boundary, the City is obligated to officially amend its Comprehensive Plan Land Use Map to effectuate the change. The proposed amendment would change the future land use designation from Orange County, Rural Settlement to Ocoee, Low Density Residential. This designation will allow up to four dwelling units per acre. DISCUSSION: This project is proposed to consist of single family homes as part of an infill project utilizing the existing Prairie Lake Boulevard as the primary access location. Prairie Lake Boulevard also serves as the only existing access for the Forest Oaks Subdivision. The Ocoee Comprehensive Plan designated this roadway as a local roadway intended to serve local traffic associated with the adjacent land uses. The surrounding land uses are primarily low density residential within Page 2, Planning and Zoning Commission Devon Cove Small Scale Comprehensive Plan Amendment the Forest Oaks Subdivision to the north. South and east are scattered residential dwellings, and to the west is undeveloped property. The requested Low Density Residential designation is consistent with the character of the surrounding land uses and adjoining development. Based upon the foregoing analysis, Staff has determined that the request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) land uses to the north and east. Specifically, the requested change is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.3; (e) Policy 1.4; Policy 1.6; (f) Objective 3; (g) Policy 3.1; and (h) Policy 3.2. Staff has reviewed the project and determined that the City can provide a full range of urban services to the site. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission, upon finding the application of Midland Group, Inc. in Case No. SSCPA -99 -001 to be consistent with the amended Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, recommend approval of the requested Future Land Use change from Orange County, Rural Settlement to Ocoee, Low Density Residential subject to City Commission approval of the following: • Annexation of the subject property; • Annexation Agreement. Attachments: Proposed Land Use Change Map Legal Description Public Hearing Ad P: \CALEXANDER\ALL _DATA \CAPDFILE \Staff Reports\P &Z SR \SR990I8.doc City of Ocoee Proposed Land Use Change SSCPA -99 -001 SmaII Scale Future Land Use Map Revision Location: 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court Size: approximately 5.0 acres Proposed Change: From: Outside of the Joint Planning Area To: Low Density Residential (< 4 d.u.a.) ( !�l N It l 1/ 11 N , \ k is . 0 t. ■ 111 i - \_, , :-- ( --2--- ez ‘-- 40 -- .=C ,, \,‘ 7 \ ,..., .1 . ,. \ \ 0 4 i 1 [ ,,-,,, \ ,' - \ 7 1)cZ a I c N O IN ' I 1 J C_____ \ ►I Oil 1 u ' j\t/ H a ti 6 - ---. Ilk I , .ct Pr t �/ 1 I Q \ Pro 1 .... I�1 u p s A. D. Mims Road � A. D. Mims Road i I 11 1 7- --- _ u ■ r r,nnr — r m rh nnr' fry \ Existing Proposed Legend: / \ / Subject Property 'v Ocoee City Limits 1999 N Ocoee Orange County JPA Boundary \ Roadways Low Density Residential (< 4 dua) Medium Density Residential (4 -8 dua) ® High Density Residential (8 -16 dua) % ,, Professional Services \\ Commercial \ \` Light Industrial N \\ Heavy Industrial /; Institutional \ \ \\ Lakes - Water Bodies IIII Conservation Not to scale I 1 vavi Recreation LEGAL DESCRIPTION 10- 22 -28- 0000 -00128 E2 of 14 of SE* of NW4 lying N of SCL RR Or B&P 4791/3016, on 09- 02 -94; Inst WD 10- 22- 28- 0000 -00074 W1/8 of SE1 /4 of NW1 /4 Lying N of SCL Rat Or B&P 4402/3102,On 04 -16 -92 Inst QC • The 26, 1999 ' APPUCA --•"' P018 A '' ..-1 COMPREHENSIVE PLAN A ' MENT TO THE OCOEE COMPREHEN- SIVE PLAN CASE NO.: SSCPA- 99.001 (LEE MARSHALL) NOTICE IS HEREBY GIVEN, pursuant to Sections 163.3187(1) (c) and 188.041(3), Florida Statutes, and Sera dons 1, 8, 1 -10 and 5-9, Ocoee land Development Code that on Tuesdw. Wish 9' 1999 at 7:30 p.m., or as aaboadinn thereafter as ractical, the of nOcose Zoning CCo omission) er a PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to MOW en Small Scale Comprehensive Plan Pm dment. The subject is idodsd approtdmatey 150 feet= west of the Intersection of Prairie LMN Boulevard and ,Log Run Court. Map- proved, the Small Scale Comprehen- sive Plan Amendment would change the Future Land Use designation et Cis 5.0 acre parcel from Ruraal Settllank, 1/1 (Orange County) to Low De sity Residential (< 4 dwelling units per acre) (Ocoee), as requested by the pra{Mrly owner. Any Interested party shall be advised Sat the. dates, times, and places of any continuation of this or continued hearings shall be announced du is hearing and that no further no ',- pard�q these matters will be pu The "Local Planning Agency may WNW- ue the as ctheey�deem to other dates A opplr of the application for a small sdlN bom prehenslve plan amendment and d related documents, Including a legsi Do �nspeec be ited subject he paper- Department, 150 North Lake shop i rive, Ocoee, Florida; between the hours of 8:00 a.m. and 5: through Frida , except interested b partl y es may at the meeting the anwndmeent theeserd r roc- omnsndation of the Loca P an n made person duri to th p1 a ar7 fo during e will need a record of the pro- ce and for this purpose 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 di.- btiltiva needing assistance to pandclpa s In any of the proceedings should con - act ct the City Clerk's Office 48 hours in advance of the meeting at (407) 656- 2322. JEAN ( GR , A AF� Ff , ON, CIIY O0S2 67Spt0 FEB. 25,1999 ITEM NUMBER III. D. Devon Cove Rezoning Case No. AR- 98 -12 -15 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT OCOBA COMMISSIONERS o` CITY OF OCOEE DANNY HOWELL � \� ` 150 N. LAKESHORE DRIVE SCOTT ANDERSON v /\ OCOEE, FLORIDA 34761 -2258 SCOTT A. GLASS NANCY J. PARKER �\\ ;, (407) 656 -2322 CITY MANAGER rf� OP G 0 0� �` ELLIS SHAPIRO STAFF REPORT DATE: March 4, 1999 TO: The Planning and Zoning Commission FROM: Brad Friel, AICP, Capital Projects / Transportation Planner THROUGH: Russ Wagner, AICP, Director of Planning pltk SUBJECT: Devon Cove Rezoning Case # AR- 98 -12 -15 ISSUE: Should the Planning and Zoning Commission recommend approval of the proposed rezoning? BACKGROUND: The subject property is located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The 5.0 acre parcel is currently vacant. The current Orange County zoning on the property is "R -1AAA, Residential Urban District ". The proposed rezoning is to Ocoee "R -1A, Single Family Dwelling District ". The zoning on the surrounding adjoining property is Ocoee R -1 -A to the north east and south (Forest Oaks Subdivision), and Orange County A -1 to the west. DISCUSSION: Based upon approval of the companion Small Scale Comprehensive Plan Amendment, the subject property is designated Low Density Residential (< 4 du /acre) on the Ocoee Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R -1A, Single Family Dwelling District which would be consistent with the above referenced land use designations. The underlying Low Density Residential land use theoretically permits eight possible zoning classifications (A -1; A -2; RCE -1; RCE -2; R -1AAA; R -1AA; R -1A; and R -1). The Comprehensive Plan lists several zoning districts that are consistent with the Low Density Residential designation, but the City may choose from the range of potential zoning classifications and select one, as appropriate. The R -1AAA, R -1AA, R -1A, and R -1 zoning classifications are the most appropriate Ocoee zoning classifications for single family subdivisions. Since the adjoining Forest Oaks Subdivision is zoned R -1A and developed with septic tanks, it is appropriate for the applicant to request a similar development approval for the subject property. Since there are no City sewer lines in this vicinity, even with an R -1A rezoning, the subject property would still have to maintain % acre lot sizes in order to qualify for the use of septic tanks under public health guidelines. This would result in lots similar in size to those that the I Page 2, Planning and Zoning Commission Devon Cove Rezoning developer already has approved in Orange County. Accordingly, the requested R -1A zoning is also appropriate for the character of surrounding development in both the City and the County. Staff has determined that the requested zoning classification is consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area (JPA) Agreement with Orange County; and (5) surrounding land uses and zoning classifications. More specifically, the request is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.15; (e) Policy 1.16; (f) Objective 2; and (e) Policy 2.4 (attached). STAFF RECOMMENDATION: Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the proposed rezoning subject to City Commission approval of the following: • Annexation of the subject property; • Annexation Agreement; • Small Scale Comprehensive Plan Amendment. Attachments: Location Map Surrounding Zoning Map Legal Description Copy of Public Hearing Advertisement P: \CALEXANDER\ALL_DATA \CAPDFILE \Staff Reports\P&Z SR \SR99019.doc Devon Cove Location Map f \.y ..` ....,„.....,......,.. 4 , 0 , .4.4 iiii._ WI.* i_ ... .,.... / :::::::::.:;:.:::.::)::.:::::: lir a 4 404 1 11/ 41 11 1 :;::::::::::.:.::::::- A tillf i ti 4iii iiiiii , I 1 11 ::::::.:::::::::::::::::::::::::::::::::::::::::::::::...., ....x.:::::::.:::::::::::::::::::.:::::::::::.:.:::::::....: ii,.. ,,,:x.., ' .W1 �I � I ::::::::::::::::::::::::::::::::::::::::.:::::::.:..i.i.i.y: .9 Ati• �I RUN CT � ....... ........................„... II ::::::::::::,..':".::::"....::::::.:.:::::::::::*::.: / ' A ' % . I Subjec ' i Or � � Property P rty 4 '/ I °--) ° I 1I 11q g --1 a € n _. -- - AM MMM MM A. . Mims liTrallaii ADM f, I j I I Legend: • 0 Subject Property N �� Ocoee - Orange County Joint Planning Area N V Ocoee City Limits Orange County parcels - outside Ocoee / \ / Ocoee Utility Service Boundary Roads KU Lakes Devon Cove Surrounding Zoning Map : Ai.. LW I ,^ r F rte °', ° ` I i a a4, o — 410, A I I :.:,", .. r ig" " . WWI/ 41 0-417 48t/ Sr i �, te a° r tc i. ,;;-- $ .... ...::„.' :, .-i..-- - ,;? ' ...A., a ---, .....,m a ' - - :: -rie-iro it a, a v , __ ::„,.„..,„„...::„.,..,:.w.„ ..,, ...c., . - ..,.. :,......,,,..:::,,,,,.,,,..... .... LOG RUN CT i 1 ....,:;:.-?:':;:I.:-.....;:`:::::::::;:::1*."."e""..t0;' r. - N .Y�' -�.. « _ : rv � •:- ,,,/ * / I i .......... :::::::•:-:•:.:•:•:.:.:•:•:::::::::•••• i ///':/' //) , till in 1 ( I, Sub'ec ' / /�� ''E _s ow 1 —� Property . ,;� yi - - -- I EW W a� V VIA _ AUINNS RD A. I. Mims "oad Anr Legend: • ® A -1, General Agriculture 0 Subject Property A - 2, Suburban 1 p PUD -Low Density Residential N 1 Ocoee - Orange County Joint Planning Area R - 1AAA, Single Family Dwelling 1 V R -1AA, Single Family Dwelling I I R -1A, Single Family Dwelling Ocoee City imits I 'I R -1, Single Family Dwelling ry r---1 RT -1, Mobile Home Subdivision District I I R -2, One and Two Family Dwelling Orange County parcels - outside Ocoee �� PUD Medium Density Residential IM R -3, Multi Family Dwelling i PUD -High Density Residential / / Ocoee Utility Service Boundary P -S, Professional Offices and Services I I C -1, Neighborhood Shopping L:01 C -2, Community Commercial Roads I 1 PUD - Commercial NM C -3, General Commercial S de : Lakes I I 1 -1, Restricted Manufacturing & Warehousing EN 1 -2, General Industrial LEGAL DESCRIPTION 10 -22 -28 -0000 -00128 EE of W4 of SE* of NW4 lying N of SCL RR Or B&P 4791/3016, on 09- 02 -94; Inst WD 10- 22 -28- 0000 -00074 W1/8 of SE1 /4 of NW1 /4 Lying N of SCL RR Or B&P 4402/3102,On 04 -16 -92 Inst QC • CITY OF O NOTICE OF PUBUC C HEARING )r 1 _ndo Sentinel TO CONSIDER AN APPLICATION ld Sentinel FOR ANNEXATION AND REZONING CASE NO. AR- 98-12 -15: DEVON COVE shed Daily ) NOTICE IS HEREBY GIVEN pursuant to St, . Sections 1-10 and 5-9, Ocoee Land De- velopment Code, that on Tuesday, March 9, 1999 at 7:30 p.m., or as soon ptate of ,j'roriba 1 thereafter as practical, the City of Ocoee Planning and Zoning Commis - S.S. sion will hold a Public Hearin at the ;OUNTY OF ORANGE C Commission Chambers, 15 North Lakeshore Drive, Ocoee, Florida, to consider a petition for annexation and a request for rezoning for certain real Before the undersigned authority personally appeared ARLENE THOMAS outthwes of t section of P! feet who on oath sa S Lake Boulevard and Log Run Court. If that he /she is the Legal Advertising Representative of The Orlando Sentinel, a daily porate prooperttyatioo y into the i t y r p p e City y of Ocoee. If approved, the Rezonf newspaper published at A RLA N.D -O i would rezone the property from OR ANAr County, Florida; 1Arw - , Residential Urban District (Or- ange County) to •R -1A•, Single Family that the attached copy of advertisement, being a CITY OF OCOE E NOT Dwelling District (Ocoee), for the 5 acre parcel, as requested by the property in the matter of AR-98-12-1s owners. in the ORANGt` Court, The Planning and Zoning Commission wit make recommendations to the City was ublished in said newspaper in the issue; of l C� �}� Commission as to the relationship of P the requested actions to the Ocoee Comprehensive Plan. Pursuant to Sec- tion 5 -9 (B) of the Land Development Code, the Planning Director has deter- mined that the requested zoning classi- says that the said Orlando Sentinel is a newspaper ublished at Comprehensive h si veis Pla t with the Ocoee Affiant further sa y published Comprehensive Plan. The complete in said case file may be inspected at the Ocoee Planning Department, 150 North iF OR ANA County, F lorida, Lakeshore Drive, between the hours of and that the said newspaper has heretofore been continuously published in 8:00 a.m. and 5:00 p.m., Monday Y P through Friday, except legal holidays.. said RANG r County, Florida, The Ocoee Planning and Zoning Corn- each Week Day and has been entered as second -class mail matter at the post mission may continue the public hear- office in ARf ANOtf in said ing to other dates and times as they deem necessary. Any interested party OR A N Gf= County, Florida, shall be advised that the dates, times, fora eriod of one year next preceding the first publication of the attached and places of an continuation of these P Y p 9 P or continued public hearings shall be copy of advertisement; and affiant further says that he /she has neither paid announced during the hearing and that nor promised any person, firm or corpor. tion any discount, rebate, to further notices regarding these mat - p y p p y furs will be published. commission or refund for the purp.. - •f se uring this - � r ti sement for Interested parties may appear at the publication in the said newspaper. r - , / r �Y✓I- public hearing and be heard with re- spec~ to the Annexation and Rezoning . - . application. Any person who desires to appeal any decision made during the The foregoing instrument was acknowle • A before • e this 25th day of public hearing will need a record of the proceeding and for this purpose may FEBRUARYS' 19 99, by ` RLENE THOMAS need to ensure that a verbatim record Y proceedings the testimon and evidence t� who is personally known to me and o fiid take an oat on which the • with disabilities needing) assistance to • participate in should contact the of the a proceedings gs hours in advance of the meeting at (SEAL) (407) 656-2322. 4ar LW. ELAINE E PARKER JEAN GRAFTON, ,w ri7 . 0 . Mly Comm Exp. 8/27/2002 CITY OF OCO 4kii EE CC 778400 O CfTY S 5779 906-6- FEB. 25. 1999 I 7 P satailjr Known U Draw W. • • • ITEM NUMBER III. E. First Union / Pease Annexation Case No. AR- 95 -08 -05 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee o , CITY OF OCOEE DANNY HOWELL COMMISSIONERS .�.` j • • C 150 N. LAKESHORE DRIVE SCOTT ANDERSON OCOEE, FLORIDA 34761 -2258 SCOTT A. GLASS (407) 656 -2322 NANCY J. PARKER V#4 )* CITY MANAGER � Gf G OOD /}/ ELLIS SHAPIRO STAFF REPORT DATE: March 5, 1999 TO: The Planning and Zoning Commission FROM: Russ Wagner, AICP, Director of Planning SUBJECT: First Union / Pease Annexation (Case Number AP- 95- 08 -05) ISSUE: Should the City of Ocoee annex the above referenced property? BACKGROUND: The subject property is located at the southeast quadrant of Clarke Road and Silver Star Road. The 37.8 acre parcel is vacant. The applicant intends to develop the property with a new Orange County Library, an Orange County Public Elementary School, and a 10 acre commercial center. The subject property is designated Low Density Residential (< 4 d.u.a.) on the City's Future Land Use Map. A companion Comprehensive Plan Land Use Amendment is also being processed to change 9.99 acres of the site to Commercial land use. Prior action by Orange County and the City of Ocoee to amend the JPA Land use Plan permits this change. The applicant has requested an Ocoee zoning classification of PUD, Planned Unit Development District, which would be consistent with the above referenced land use designations. The subject property is located within the Ocoee - Orange County Joint Planning Area (JPA), and abuts the Ocoee City limits on all four sides as part of an enclave. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria, and in fact, will reduce the size of the existing enclave. Planning and Zoning Commission March 5, 1999 Page 2 We have notified Orange County Planning Staff of the Annexation Petition and they have no objections. Accordingly, the requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of this proposed development. We have determined that the City can adequately provide a full range of urban services to the subject property. Typically, an Annexation agreement is required as part of the annexation approval process to address right -of -way and /or utility issues. In this case, due to the complexity of the development issues affecting the site, a combined Annexation and Development Agreement is being processed concurrently with the PUD rezoning application. DEVELOPMENT REVIEW COMMITTEE MEETING: On February 19, 1999, the Development Review Committee (DRC) met to consider the First Union / Pease Annexation request. After a brief discussion, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the Annexation Petition of First Union / Pease in Case Number AR- 95- 08 -05, subject to approval of the Annexation and Development Agreement. RBW /csa Attachments: Location Map Legal Description Annexation Feasibility & Public Facilities Analysis Public Hearing Ad P: \CALEXANDER\ALL_DATA \CAPDFILE \Staff Reports \P8Z SR \SR99013.doc i First Union/ Pease Annexation General Location Ma ...w o .� ♦ �., 'tij p . ■1► �� ° o 1 is 1 �� 0• i , ,4 ♦ ♦ ♦ � ♦ ♦ ♦ ♦ p a y.' , 1 // Z SWAM ' ' —° ` tom .VII /1111q 1 r'. 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Legend: 0 Subject Property V Ocoee - Orange County Joint Planning Area N Ocoee City Limits Orange County parcels - outside Ocoee / " / Ocoee Utility Service Boundary Roads Lakes LEGAL DESCRIPTION PEASE TRUST PROPERTY (REMAINDER) A TRACT OF LAND BEING THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THAT PORTION OF THE RIGHT —OF— WAY OF CLARKE ROAD DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LESS THAT PART OF SILVER STAR ROAD DEEDED IN DEED BOOK 400, PAGE 252 AND TAKEN IN MINUTE BOOK 17, PAGE 502 OF SAID PUBLIC RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE AFORESAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 FOR A POINT OF BEGINNING, SAID POINT ALSO LYING ON THE EASTERLY RIGHT —OF —WAY LINE OF AFORESAID CLARKE ROAD; THENCE RUN ALONG SAID EASTERLY RIGHT —OF— WAY LINE THE FOLLOWING COURSES: NORTH 00'10'51" EAST, 257.52 FEET; SOUTH 89'49'09" EAST, 15.00 FEET; NORTH 00'10'51" EAST. 20.00 FEET; NORTH 89'49'09" WEST, 15.00 FEET; NORTH 0010'51" EAST, 644.00 FEET; NORTH 02'05'25" EAST, 180.10 FEET; NORTH 00'10'51" EAST, 145.61 FEET; NORTH 44'54'59" EAST, 63.93 FEET TO A POINT LYING ON THE SOUTH RIGHT — OF —WAY LINE OF SILVER STAR ROAD; THENCE, DEPARTING SAID EASTERLY RIGHT —OF —WAY LINE OF CLARKE ROAD, RUN NORTH 89'39'07" EAST, ALONG SAID SOUTH RIGHT —OF —WAY UNE OF SILVER STAR ROAD, 1223.99 FEET TO THE EAST UNE OF THE AFORESAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUN SOUTH 00'04'18" WEST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1292.73 FEET TO THE SOUTH UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUN SOUTH 89'40'55" WEST, ALONG SAID SOUTH UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER. 1277.44 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND UES IN ORANGE COUNTY, FLORIDA AND CONTAINS 37.794 ACRES, MORE OR LESS. SURVEYOR'S NOTES: (1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. (2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM. (3) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE SOUTH UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 89'40'55" WEST. (4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CLIENT'S REQUEST. (5) THE DEUNEATION OF LANDS SHOWN HEREON ARE AS PER THE CUENT'S INSTRUCTIONS. CERTIFICATION: WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF AS PREPARED UNDER OUR DIRECTION IN JULY, 1995. WE FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN— DARDS SET FORTH IN CHAPTER 61617 -6 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. ' � DAVID A. WHITE, • S. FLORIDA REGISTRATION NO. 4044 SHEET 1 OF 2 I 7 /26/95 REMSED RANCE OENnnER NO. DATE REVISION PEC ' PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors Svrr 1560 Eau PAW( Come 200 EAST R ssrox Sneer O■A,CO PLoasu WWI 407/4224062 SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST DATE: 7-20-1995 I PREP BY: P.S./D.W. I DRAWN BY: S.G.R I JOB NO: 795057/LEGAL City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Reactivated Case Number: AP- 95 -08 -05 First Union/ Pease 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: Home A. Applicant(s): First Union National Bank of Florida, 20 North Orange Avenue, Suite 311, Orlando, Florida, 32802 (Attention: J. Andrew Harvey, Vice - president) Contact Phone #: 407 - 649 -5566 B. Property Location: 1. Parcel Identification: 16- 22 -28- 0000 -00 -019 2. Street Address: 9518 Silver Star Road. 3. Legal Description: See Planning Department files for a legal description. 4. Directions: Located on the southeast corner of Silver Star and Clarke Roads.. 5. Size: 37.8 +/- acres C. Use Characteristics: 1. Proposed Uses: Theoretically, 89,100 sq. ft. commercial, 12,000 sq. ft. library, and 94,000 sq. ft. for elementary school. 2. Projected Population: None. 3. Existing Use: vacant pine tree farm. D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: A -1, Citrus Rural District 2. Orange County FLU Designation: Low Density Residential (< 4 d.u.a.) 3. Requested City of Ocoee Zoning Classification: Planned Unit Development 4. Proposed City of Ocoee FLU Designation: Commercial and Low Density Residential 5. Consistent With: Comp Plan ?? No. JPA ?? Already approved. 6. Comp Plan Amendment Required? Yes. When? Concurrent application. II. Fire Department: Chief Strosnider A. Estimated Response Time: Two to three minutes. B. Distance Traveled (to property): One and a quarter miles. C. Nearest Fire Hydrant: Northeast corner of Silver Star and Clarke Roads D. Fire Flow Requirements: Hydrants needed as part of site plan approval process E. Comments: None. Ill. Police Department: Chief Mark A. Estimated Response Time: Three to four minutes. B. Distance Traveled (to property): Three miles. C. Police Patrol Zone: North. • - Page 1 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Reactivated Case Number: AP- 95 -08 -05 First Union/ Pease Annexation IV. Finances: Home A. Theoretical Assessed Value: Theoretically, $12,000,000 (taxable commercial) and $12,000,000 (tax- exempt library and elementary school) B. Estimated City of Ocoee Ad Valorem Tax Revenue: $48,000. C. Anticipated Licenses & Permits: $132,000.00 D. Total Projected Revenues: $180,000.00, excluding impact fees. V. Utilities: Shira A. Potable Water Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? Water line is along the north side of Silver Star Road and the east side of Clarke Road. 3. Size of Water Main? Both are 12 inch lines . 4. Est'd Water Demand? 21,240 gpd 5. Can City Service this Property? Yes. 6. Extension Needed? Yes, internally. 7. Developer Agreement Needed? Yes. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? There is a force main along the west side of Clarke Road and on the south side of Silver Star Road. 3. Size of Sewer Main? The line on Clarke is six inches and the line on Silver Star Road is 16 inches. 4. Est'd Sewer Demand? 19,116 gpd 5. Can City Service this Property? Yes. 6. Extension Needed? Yes, internally. 7. Developer Agreement Needed? Yes. C. Other Utility Issues: Bob Smith 1. Utility Easement Needed? Yes. 2. Private Lift Station Site Needed? Yes. 3. Well Protection Area Needed? None. 4. Other Comments: None. • - Page 2 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: February 4, 1999 Reactivated Case Number: AP- 95 -08 -05 First Union/ Pease Annexation VI. Transportation: Friel A. Paved Access to Property? Yes. Describe: Off of Silver Star and Clarke Roads. Additional roads to be constructed on -site. B. ROW Dedication? Yes. Specify: 22 feet on Clarke Road and 25 feet on Silver Star Road. C. Traffic Study: Required as part of PUD plan approval. D. Traffic Zone: 1131. E. Other Traffic Improvements Needed:Turn lanes and cross - access easement. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, Silver Star Road is nearing its capacity but its on the FDOT Five Year Improvement Program and these improvements should accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the PUD plan approval. B. Parks /Recreation: At the time of the analysis, sufficient park capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the PUD plan approval. C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the PUD plan approval. D. Stormwater: The applicant will be required to handle stormwater retention on -site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrence evaluation during the PUD plan approval. F. Potential Impact Fees: The following fees are theoretical and are shown here for illustrative purposes only and are based on 89,100 sq. ft. of commercial buildings, 12,000 sq. ft. library, and a 650 student elementary school. Actual impact fees will be calculated during the site plan approval process. 1. Water: $68,392.80 5. Police: $18,924.70 2. Sewer: $202,842.00 6. Fire: $61,456.50 3. Irrigation: $7,728.00 (2 inch meter) 7. School: not applicable. 4. Traffic: $512,299.16 8. Recreation: not applicable. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: $132,000.00 B. Within 100 year flood plain: No IX. Specify Other Comments & Considerations Below: None. P:\AHORNEWLL_DATA ANX- REZ\Active \OlympiaAP ANFOlympia.doc • - Page 3 - • r+ . ' sue.1 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICA- TION FOR ANNEXATION CASE NO. AP-95-08-05: FIRST UNION/PEASE NOTICE IS HEREBY GIVEN pursuant to Sections 1-10 and 5-9, Ocoee Land Development Code, that on Tuesday, March 9, 1999 at 7:30 p.m., or as soon thereafter as practical, the City of Ocoee Planning and Zoning Commission will hold a Public Hearing at the City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consid- er a petition for annexation for certain real property located on the southeast corner of Silver Star Road and Clarke Road In- tersection. If approved, the An- nexation would incorporate the 37.8 acre parcel into the City of Ocoee, as requested by the property owners. The Planning and Zoning Com- mission will make recommenda- tions to the City Commission as to the relationship of the re- quested action to the Ocoee Comprehensive Plan. The com- plete case file may be inspected at the Ocoee Planning Depart- ment, 150 North Lakeshore Drive, between the hours of 8:00a.m. and 5:00 p.m., Mon - day through Friday, except legal holidays. r The Ocoee Planning and Anin Commission may continua the public hearing to other dates and times as they deem neces- sary. Any interested party shall be advised that the dates, times, and places of any continuation of this or continued public hear- ings shall be announced during the hearing and that no further notices regarding these matters will be published. Interested parties may appear at the public hearing and be heard with respect to the Annexation application. Any person who de- sires to appeal any decision made during the public hearing will need a record of the pro- ceeding and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the tes- timony and evidence upon which the appeal is based. Per- sons with disabilities needing assistance to participate in any of the proceedings should con- tact the City Clerk's office 48 hours in advance of the meeting at (407) 656 -2322. JEAN GRAFTON, CITY CLERK, CITY OF OCOEE COR2585722 MARCH 27, 1999. ITEM NUMBER III. F. Olympia Development Small Scale Comprehensive Plan Amendment Case No. SSCPA -98 -002 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF OCOEE DANNY HOWELL r 1 0 150 N. LAKESHORE DRIVE SCOTT ANDERSON D. v OCOEE, FLORIDA 34761 -2258 SCOTT A. GLASS D NANCY J. PARKER (407) 656 -2322 :::•' ? CITY MANAGER yr �'P N> ELLIS SHAPIRO OF coon STAFF REPORT DATE: February 26, 1999 TO: The Planning and Zoning Commission FROM: Russ Wagner, AICP, Director of Planning SUBJECT: The Olympia Development Group, Inc. Small Scale Comprehensive Plan Amendment Case No: SSCPA -98 -002 ISSUE: Should the Planning and Zoning Commission recommend approval of a change to the Future Land Use Map for the subject 9.99 acre parcel from Low Density Residential to Commercial? BACKGROUND: The subject property is a portion of the proposed 37.8 acre Olympia Development PUD located at the southeast corner of Clarke Road and Silver Star Road. This project is proposed to consist of an Orange County Library site, an Orange County Elementary School site, and a community commercial center designed as part of a master - planned development utilizing shared stormwater retention, utilities, and access roadways. Based upon prior action of Orange County and the City of Ocoee, the Joint Planning Area Land Use Plan was amended to permit up to 15 acres of commercial development on this site. Per the JPA Agreement, even though the City and County may mutually agree on a appropriate land use for a parcel within the JPA boundary, the City is obligated to officially amend its Comprehensive Plan Future Land Use Map to effectuate the change. As a result of an agreement between the developer and the Orange County Library System, five acres of the site that otherwise may have been utilized for commercial development is to be sold at a reduced price for use as the library site. Since the City of Ocoee Land Development Code permits public buildings to be located within any zoning district upon approval of the City Commission after an advertised public hearing, it is not necessary to change the designation on most of the site. Accordingly, only 9.99 acres are being formally changed to Commercial to permit application of the Small Scale Comprehensive Plan Amendment process. Page 2 The Planning and Zoning Commission February 26, 1999 DISCUSSION: The subject property is located at the intersection of two arterial roadways. Clarke Road functions as the main north -south four lane arterial road extending from the terminus of the East -West Expressway at SR 50 north through the developing eastern half of the City. Silver Star Road (SR 438) is the main east -west thoroughfare bisecting the center of the community and is scheduled to be four -laned within the next three years. The Ocoee Comprehensive Plan designated this intersection as a prospective Activity Center to serve as the focus for commercial and service- oriented land uses benefiting the developing eastern portion of the community. Commercial land uses dominate the other quadrants of the intersection, and commercial land uses also occur immediately east of the site extending along Silver Star Road. Existing commercial development and zoning in the immediate vicinity of the site is characterized by community retail and service uses such as grocery stores, banks, convenience stores with gasoline sales, fast -food restaurants, drug stores, and a variety of smaller retail, office and service uses. Based upon the concurrent PUD rezoning proposed for this site, the developer proposes a variety of smaller retail restaurant and office uses consistent with the growth pattern already established at this location. Accordingly, the proposed amendment to Commercial provides for a logical use of the property which will be buffered from surrounding low- intensity uses by the proposed library and school sites. STAFF RECOMMENDATION: Based upon the foregoing analysis, Staff recommends that the Planning and Zoning Commission, upon finding the application of Olympia Development Group, Inc. in Case No. SSCPA -98 -002 to be consistent with the Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, recommend approval of the requested Future Land Use change from Low Density Residential to Commercial, subject to annexation of the property and approval of the Annexation and Development Agreement. RBW /csa Attachments: Proposed Land Use Change Map Legal Description Public Hearing Ad P: \CALEXANDER\ALL DATA \CAPDFILE \Staff Reports\P &Z SR \SR99014.doc City of Ocoee Proposed Land Use Change SSCPA -98 -002 Small Scale Future Land Use Map Revision Location: at the southeast corner of Clarke Road and Silver Star Road Size: approximately 9.99 acres Proposed Change: From: Low Density Residential (< 4 d.u.a.) To: dential (< r.p•- ' Id � I I aim., / _- ❑I. ' ❑i__ try , OBI : o n ._ y ��> � - � # -� ,,1 °-_ _ i t / 1 \� . �"..�' , _April 114 ,,,_.,., \ d ri ; 11111': ,, _. r n �.. 111111! sil 1 ____,, ----„ DID _ -- I irdema .._1,-10 "1 IC - ' mriti i 1 rism N ,,,,,„\\,,,,,m,r, _ ,\...„ r, 1 \ 5 ' ,\‘ .,..,,. .., s,‘ .,__, si.),•__...,_„..._ NN )10,00„,..,.,„.......74 (,, mwublio, \ \..< TB _ % , P Et ail I ' ow l ,i Il Y li . , . . - Lk '' - ..„.. ri r, 1 11 4 1 W .■\, ,i rill Existing Proposed Legend: / \ / Subject Property "Al Ocoee City Limits 1999 A , Ocoee Orange County JPA Boundary \ Roadways Low Density Residential (< 4 dua) Medium Density Residential (4 -8 dua) ® High Density Residential (8 -16 dua) Professional Services \ \\ Commercial Light Industrial N �v N Heavy Industrial % Institutional , Lakes - Water Bodies Conservation Not to scale Recreation LEGAL DESCRIPTION: A tract of land being in the Northwest quarter of the Southeast quarter of Section 16, Township 22 South Range 28 East, less that portion of the Right of Way of Clarke Road described in Official Records Book 4331, Page 1923 of the Public Records of Orange County, Florida and less that part of Silver Star Road deeded in Deed Book 400, Page 252 and taken in Minute Book 17, Page 502 of said Public Records, being more particularly described as follow: Commence at the Southeast corner of the aforementioned parcel described in Official Records Book 4331, Page 1923, said point also lying on the Easterly Right of Way line of aforementioned Clarke Road; thence run along said Easterly Right of Way line North 00'10 51" East a distance of 237.49 feet; thence North 89'40'55" East o distance of 22.00 feet to the POINT OF BEGINNING; thence North 00'10'51" East a distance of 683.48 feet; thence North 02'05'25" East a distance of 180.10 feet; thence North 00'10'51" East a distance of 166.18 feet; thence North 89'39'07" East a distance of 646.84 feet; thence South 00'04'18" West a distance of 300.00 feet; thence South 89'39'07" West a distance of 316.41 feet; thence South 00'04'18" West a distance of 384.48 feet; thence South 05'31'20" West a distance of 347.08 feet; thence South 89'40'55" West a distance of 305.42 feet to the POINT OF BEGINNING. Containing 9.99 acres. SHEET 1 OF 2 LEGAL DESCRIPTION Jan. CERT. NO. L82108 45451007 Jan. 25, 1999 JB cmz: ► FOR Job No.: Scale: 1 '1f �i +�% ��-- 45451007 N.T.S. Olympia Development Group, Inc. Air / �:�� wank \ SOUTHEASTERN SURVEYING & MAPPING CORP. CH. 61G17 -6, Florida Administrative 324 N. Orlando Avnue Code requires that a legal description Maitland, Florida 32751 drawing bear the notation that 407/674 -8898 THIS IS NOT A SURVEY. SEE SHEET 2 OF 2 FOR GAR B. KRICK SKETCH OF DESCRIPTION REGISTERED LAND SURVEYOR NO. 4245 • 1 • THE j ai • , t , ; PLANNING AGENCY TO CONSIDER AN APPUCATION FOR A SMALL SCALE AMENDMENT TO THE OCOEE COMPREHENSIVE PLAN CASE NO.:_ SSCPA- 98-002 (OLYMPIA DEVELOPMENT) p NOV*M I6 HE . / ?n, ,,' (o) and 168. • ,ands k, 14, L d 5.9,' Oo Code t ifp ' " ; " arch 9 t999 TIM p. soon th M the City of ■ , • and ., $ • Comm ` Ofl at the Ocoee Oily • •n Chamber*, to o 1 °"' -shore Drive, desee Florida; to consider a WWI solo Qomprehenslve Pt*n Altl aditartlnt. The subjectppq► oily it Iodated at the soil lfeftt M ddS i Sta RceA cid lkad lver Interse ction. if a Cat prewlA'the Small Scale GPat e Plan AmeriMnaM Change the Future-Mod U aflon of the 91 m Low Densi Oran a Cou 'al (Ocoee), My the Property . A imposted Party 04900: vidaddialt the dates, t am alma pt any contmu 6f tide ad • ntinued pu • i , 4..be ann• c'..: is„ 4;' amendment ail re u o t i sitelpelan *spooled �at the Department, 180 Drive, Ocoee, en the hours tt a.m. d 5:OOp.m., Monday Friday, except legal parties may appear at the public hearing and be heard regarding the amendment and the proposed recommendation of the Local Planning Agency. Any person wishing to appeal any decision made during the public hearing will need a re- cord of the proceeding and for this purpose may need to en- sure that a verbatim record of the proceedings is made which includes the testimony and evi- dence upon which the appeal is based. Persons with disabilities needing assistance to partici- pate in any of the proceedings s4 ould contact the City Clerk s Office 48 hours in advance of the lo (407) tlNM . , « .4'2. e a .. P[!. 1177. 1000. ITEM NUMBER III. G. Olympia Development PUD Land Use Plan and Preliminary Subdivision Plan Project No. LS -98 -007 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR • COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS • � CITY OF OCOEE DANNY HOWELL ..i. • o ` � Q. SCOTT ANDERSON 150 N. LAKESHORE DRIVE SCOTT A. GLASS OCOEE, FLORIDA 34761 -2258 NANCY J. PARKER �+ v (407) 656-2322 S J ` CITY MANAGER f� Gf G00� �` ELLIS SHAPIRO STAFF REPORT DATE: March 5, 1999 TO: The Planning and Zoning Commission FROM: Robert Lewis, AICP, Senior Planner 9 THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Olympia PUD PUD Land Use Plan and Preliminary Subdivision Plan Project # LS98 -007 ISSUE: Should the Planning and Zoning Commission recommend approval of the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD? BACKGROUND: The proposed Olympia PUD is a 37.8 acre multi -use development with several commercial lots, a public library site and a public elementary school site. The project is located at the southeast corner of Silver Star Road and Clarke Road. The current Orange County zoning of the property is A -1, Agricultural. The zoning of surrounding properties is C -2 and R -1 -AA to the east, R -1 -A and A -1 (County) to the south. The zoning on the north side of Silver Star Road and on the west side of Clarke Road is C -2. The future development of the subject property has been under consideration for quite some time. The entire site (37.8 acres) currently has a future land use designation of Low Density Residential on the City's Future Land Use Map. Both the City and Orange County recently approved an amendment to the Joint Planning Area Agreement changing the designation of 15 acres of the property to Commercial. Accordingly, a Small Scale Comprehensive Plan Amendment is also being processed concurrent with this PUD to change the land use designation of 9.99 acres to Commercial. The change to allow a Commercial designation on a portion of the subject property is balanced against the developer providing a 5 acre parcel for a new Orange County Library site at a reduced cost. The remainder of the site (including the library site, the school site, and common retention areas) will keep the Low Density Residential future land use designation, since these uses are permissible within this classification. March 5, 1999 Planning and Zoning Commission Page 2 DISCUSSION: The proposed development plan for the Olympia PUD includes six commercial lots ranging in size from 1.17 acres to 2.02 acres. All the commercial lots have frontage on Silver Star Road and Clarke Road. The northeastern portion of the property is devoted to the new Orange County Branch Library site and a common retention pond. There is a second common retention pond in the center of the property. The remaining 16.76 acres is devoted to the new public elementary school site. The land uses permitted within the commercial portion of the PUD will generally be those permitted in the C -2 zoning district. Uses permitted with a Special Exception generally require a Special Exception within a PUD; however, the Developer has requested a waiver for certain Special Exception uses in order to minimize permit processing time. The waiver would apply to the uses identified in the Waiver Table in Condition # 11 (Sheet 6). The PUD Land Use Plan provides for a directional left access point (left in, but no left out) and a right -in / right -out access point along Silver Star Road. It also provides two full access points and a right -in / right -out access point along Clarke Road. There is also an extensive internal network of driveways and sidewalks which provides opportunities for cross - access between all the sites in the PUD. In order to reduce potential impacts on the surrounding neighborhoods, a 50 foot building setback and a 25 foot landscape buffer along the southern and eastern boundaries of the PUD will be provided according to the Conditions of Approval in the PUD and normal Code requirements. The intersection of Silver Star and Clarke Road has been identified in the Ocoee Comprehensive Plan as an Activity Center, although there have not been any special development standards adopted for this area. However, the City has adopted special development standards for the four Activity Centers along the State Road 50 corridor, and the City Commission has directed that these standards be adopted throughout the City. Since this proposed development is a PUD, Staff has encouraged the Developer to apply the special development standards adopted for the SR 50 corridor within the Olympia PUD. The Developer has agreed to that requirement, with a few exceptions which are listed in the Conditions of Approval on Sheet 6 of the plan set. In conjunction with the annexation of the subject property and this PUD zoning application, there is also an Annexation and Development Agreement which provides for additional right -of -way to be dedicated for Silver Star Road and Clarke Road. The Annexation and Development Agreement will be considered for approval by the City Commission on the same meeting agenda as that for the Annexation, Future Land Use Map Amendment, the PUD Land Use Plan and Preliminary Subdivision Plan. Since the library and school are public buildings within the meaning of Section 5 -7B of the Land Development Code, they may be located in any zoning district after a public hearing. Accordingly, it will be necessary to hold separate public hearings on the locations of these proposed uses within the Olympia PUD. March 5, 1999 Planning and Zoning Commission Page 3 The attached PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD was reviewed by the Development Review Committee (DRC) on February 19, 1999. The Committee voted unanimously to recommend approval of the Plan, subject to a few adjustments to the plan and subject to City Commission approval of the accompanying Annexation and Development Agreement. All concerns of City Staff and our consultants have been satisfactorily addressed in the plans submitted for the P & Z Commission meeting. STAFF RECOMMENDATIONS: Based on the recommendation of the DRC, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of the proposed PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD as date stamped received by the City on March 4, 1999, including the Activity Center standard exceptions and Special Exception waivers requested thereon, subject to the following: • Annexation of the subject property; • Approval of the Annexation and Development Agreement; and • Small Scale Comprehensive Plan Amendment for Commercial Land Use becoming effective. In addition, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of a public library on Lot 7 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD as date stamped received by the City on March 4, 1999. Finally, Staff respectfully recommends that the Planning and Zoning Commission recommend approval of a public elementary school on Lot 8 as shown on the PUD Land Use Plan and Preliminary Subdivision Plan for the Olympia PUD as date stamped received by the City on March 4, 1999. Attachments: Location Map Legal Description of Subject Property Surrounding Zoning Map Copy of Public Hearing Advertisement Copy of a letter from an adjacent property owner regarding buffers PUD Land Use Plan and Preliminary Subdivision Plan, date stamped March 1, 1999 P: \RLEWIS\ALL DATA\rlpdfile \Staff Reports (1999) \SR99016.doc 1, .... Olympia Development Location Map „„ , ' L ='itra Az Es p* et,//0, ,aoso I e. 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Legend: , • - A , General Agriculture Subject Property 1 1 A-2, Suburban , , = PUD-Low Density Residential N iv Ocoee - Orange County Joint Planning Area 1 1 R-1AAA, Single Family Dwelling 1 1 R-1AA, Single Family Dwelling Ocoee City Limits 1 , R-1A, Single Family Dwelling 1 1 R-1, Single Family Dwelling Li RT-1, Mobile Home Subdivision District Orange County parcels - outside Ocoee Li R-2, One and Two Family Dwelling r 1 PUD-Medium Density Residential \ / Ocoee Utility Service R-3, Multi Family Dwelling ce Boundary EN iea PUD-High Density Residential 1 j P-S, Professional Offices and Services I I C Neighborhood Shopping Roads pm C-2, Community Commercial HE PUD-Commercial Lakes — C-3, General Commercial [ 1-1, Restricted Manufacturing & Warehousing NE 1-2, General Industrial LEGAL DESCRIPTION PEASE TRUST PROPERTY (REMAINDER) A TRACT OF LAND BEING THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THAT PORTION OF THE RIGHT —OF— WAY OF CLARKE ROAD DESCRIBED IN OFFICIAL RECORDS 800K 4331, PAGE 1923 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LESS THAT PART OF SILVER STAR ROAD DEEDED IN DEED BOOK 400, PAGE 252 AND TAKEN IN MINUTE BOOK 17, PAGE 502 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE AFORESAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4331, PAGE 1923 FOR A POINT OF BEGINNING, SAID POINT ALSO LYING ON THE EASTERLY RIGHT —OF —WAY LINE OF AFORESAID CLARKE ROAD; THENCE RUN ALONG SAID EASTERLY RIGHT —OF— WAY LINE THE FOLLOWING COURSES: NORTH 0010'51" EAST, 257.52 FEET; SOUTH 89'49'09" EAST, 15.00 FEET; NORTH 00'10'51" EAST, 20.00 FEET; NORTH 89'49'09" WEST, 15.00 FEET; NORTH 0010'51" EAST, 644.00 FEET; NORTH 02'05'25" EAST, 180.10 FEET; NORTH 00'10'51" EAST, 145.61 FEET; NORTH 44'54'59" EAST, 63.93 FEET TO A POINT LYING ON THE SOUTH RIGHT — OF —WAY LINE OF SILVER STAR ROAD; THENCE, DEPARTING SAID EASTERLY RIGHT —OF —WAY LINE OF CLARKE ROAD, RUN NORTH 89'39'07" EAST, ALONG SAID SOUTH RIGHT —OF —WAY LINE OF SILVER STAR ROAD, 1223.99 FEET TO THE EAST UNE OF THE AFORESAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUN SOUTH 00'04'18" WEST, ALONG SAID EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1292.73 FEET TO THE SOUTH UNE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE RUN SOUTH 89'40'55" VEST, ALONG SAID SOUTH UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 1277.44 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND UES IN ORANGE COUNTY, FLORIDA AND CONTAINS 37.794 ACRES, MORE OR LESS. SURVEYOR'S NOTES: (1) REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. (2) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD BY THIS FIRM. (3) BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING BASED ON THE SOUTH UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 89'40'55" WEST. (4) THE "LEGAL DESCRIPTION" HEREON HAS BEEN PREPARED BY THE SURVEYOR AT THE CLIENT'S REQUEST. (5) THE DEUNEATION OF LANDS SHOWN HEREON ARE AS PER THE CUENT'S INSTRUCTIONS. CERTIFICATION: WE HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF AS PREPARED UNDER OUR DIRECTION IN JULY, 1995. WE FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION MEETS THE MINIMUM TECHNICAL STAN— DARDS SET FORTH IN CHAPTER 61G17 -6 (F.A.C.) ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. 11/ DAVID A. WHITE. • S. FLORIDA REGISTRATION NO. 4044 + 7/28/95 REVISED RANGE CERTIFIER SHEET 1 OF 2 NO. DATE REVISION PEC I PROFESSIONAL ENGINEERING CONSULTANTS, INC. engineers planners surveyors Star /600 Eau PNa Cevne ZOO EA sr Ramsay Smarr Offlumao. FLORIDA J16W 407/411d06Z SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST DATE: 7 - - 1995 I PREP BY: P.S./D.W. I DRAWN BY: S.G.R l JOB NO: 795057/LEGAL Th. Orlando $enMne raturdaY, February 27, 1999 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICA- TION FOR REZONING TO PUD WITH PUBLIC BUILDING USES PROJECT NO. LS -98 -007: OLYMPIA DEVELOPMENT NOTICE IS HEREBY GIVEN pursuant to Sections 1 -10, 5 -7 (B), and 5-9, Ocoee Land Devel- opment Code, that on Tuesday, March 9, 1999 at 7:30 p.m., or as soon thereafter as practical, the City of Ocoee Planning and Zoning Commission will hold Public Hearings at the City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider requests for 1) rezoning of 37.8 acre parcel located on the southeast corner of Silver Star Road and Clarke Road intersection, from Orange County, 'A -1', Citrus Rural Dis- trict, to Ocoee, 'PUD', Planned Unit Development District; 2) lo- cation of a public elementary school on a portion of the PUD; and 3) location of a public li- brary on a portion of the PUD, as requested by the property owners. The Planning and Zoning Com- mission will make recommenda- tions to the Ocoee City Com- . mission as the relationship of the requested actions to the Ocoee Comprehensive Plan. Pursuant to Section 5-9 (B) of the Land Development Code, the Planning Director has deter- mined that 1) the requested zoning will be consistent with the Comprehensive Plan if amended, and 2) the requested locations of the referenced pub- i lic buildings are consistent with the Comprehensive Plan. The Planning and Zoning Com- mission may continue the public hearings to other dates and times as they deem necessary. Any interested party shall be ad- vised that the dates, times, and places of any continuation of these or continued public hear- ings shall be announced during the hearings and that no further notices regarding these matters will be published. A copy of the requests for re- ' zoning and location of public buildings and all related docu- ments, including a metes and bounds legal description of the subject property, may be in- spected at the Ocoee Planning Department, 150 North Lake- shore Drive, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. Interested parties may appear at the public hearings and be heard regarding the requests and the proposed recommenda- tions of the Planning and Zon- ing Commission. Any person who desires to appeal any deci- sion made during the public hearings will need a record of the proceeding and for this pur- pose may need to ensure that a verbatim record of the proceed- ings is made which includes the testimony and evidence upon which the appeal is based. Per- sons with disabilities needing assistance to participate in any of the proceedings should con- tact the City Clerk's Office 48 hours in advance of the meeting at (407) 656-2322. JEAN GRAFTON, CITY CLERK, CITY OF OCOEE 201 East Pine Street 407 843 4443 voice MEDALLION Suite 525 407 843 5576 fax Orlando, FL 32801 mboelens @inca.net bblanken @inca net 1 February 26, 1999 , ± te City of Ocoee .� `. Ellis Shapiro, City Manager • - 150 North Lakeshore Drive Ocoee, FL 34761 ■ RE: Olympia PUD CC: Planning and Zoning Commission Dear Mr. Shapiro: My name is Paul DeLauro and am a recently transplanted attorney from Colorado (not licensed in Florida). My wife and I occupy lot 8 within the Silver Bend housing development that is adjacent to the proposed Olympia PUD at the corners of Clark Road and Silver Star Road. We have a serious concern regarding the site development plan that we will, if necessary, pursue into litigation if not addressed favorably by or on the 9t of March, 1999 at the Planning and Zoning meeting to be held regarding said PUD. As proposed, there is no mention of including the standard six (6) foot high red brick wall separating the residential Silver Bend community from the predominantly commercial Olympia PUD. We understand Ocoee's desire to obtain the most attractive tax use of the land by promoting commercial use, but we will not be the sacrificial lambs whose property values are crushed due to the City's overreaching and breach of trust. The building codes of the City of Ocoee indicate two primary land uses. The determination of which moniker is used has impact regarding the obligation of a developer to build or not to build the City's standard six (6) foot red brick wall. If property is listed as commercial, then a standard six (6) foot brick wall must be constructed by the developer to separate adjacent residential property from the new commercial use property. If property is listed as residential, the developer is freed from this obligation. As of this date, the proposed Olympia PUD has been fictitiously listed as "residential," thereby relieving the developer of their responsibility to protect the rights and property values of adjacent residential property owners. This fiction will result in freeing the developer from their normal obligation to build the standard six (6) red brick separation wall between the commercial property and the adjacent residential property. The annexation of the proposed site from Orange County has been haphazard, uncontrolled and without significant central guidance. The lot use listing has shifted between residential, commercial and mixed use, with no central guidance as to what form the development should take. The proposed use and site plan is not being guided by fixed codes or a uniform development methodology. The use is being cast in the light most favorable to the developer which will result in material harm to the adjacent residential land owners - your constituents. We will be present at the March 9, 1999 meeting to address these concerns specifically. You, as city manager, must be aware, however, that we intend to insist on the inclusion of the standard six (6) foot red brick separation wall between the predominantly commercial Olympia PUD and the Silver Bend community. Any failure to so include such structure will likely result in litigation to enforce the rights of the existing residential landowners. Sincerely, Paul DeLauro 1904 Cassingham Circle Ocoee, FL 34761 Work: (407) 843 -4443 Home: (407) 521 -9952 MISCELLANEOUS nom` - STATE OF FLORIDA DEPARTMENT OF COMMUNITY AF-- F A. "Helping Floridians create safe, vibrant, sustainable communities" JEB BUSH STEVEN M. SEIBERT Governor eeil February 5, 1999 e /14-2 ne44 e^ S • C l 7r Carl A46tkev) • us . • LesTe4- Dear Local Planning Official: 0 KL 46,/ ' /4-(c-t_ Last year the Florida Legislature amended section 163.3177(6)(a), Florida Statutes, to require local governments to include school location criteria in their comprehensive plans. The criteria are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the extent possible. Local governments are required to revise their land use elements by October 1, 1999 to incorporate these criteria and designate the land use categories where public schools are an allowable use. Enclosed is a technical assistance report prepared by the Department. The report: School Location Planning Including Comments on Collocation with Libraries, Parks and Community Centers encourages a collaborative planning process involving planners for the school board, city and county comprehensive land use, parks and recreation planners, library planners, and the public in the development of the school location criteria and school siting process. Examples of school location and collocation criteria are included that are intended to stimulate discussion and ideas toward establishing locally derived criteria. The legislation also states that any local government that fails to incorporate school location and collocation criteria by the October 1, 1999 deadline will be prohibited from amending their comprehensive plan as provided by section 163.3187(6), F.S. Because of the significance of this prohibition, the Department will establish a tracking system to monitor compliance with these requirements. By August 31, we will notify any local governments that have not complied by that time of the impending deadline. To assist us with this effort, to avoid confusion, and as a check on our records, we encourage all counties and municipalities to: 1. identify any amendments related to schools in their amendment transmittal letters, or 2. if you believe that your local comprehensive plan presently addresses the school siting requirements of section 163.3187(6), F.S., in whole or in part, 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: (850) 488 - 8466 /Suncom 278 -8466 FAX: (850) 921 - 0781 /Suncom 291 -0781 Internet address: http: / /www.state.fl.us /comaff/ FLORIDA KEYS GREEN SWAMP Area of Critical State Concern Field Office Area of Critical State Concern field Office • Local Planning Official February 5, 1999 Page Two please send a letter to the Department identifying the amendment or location of this information in the comprehensive plan. Letters should be addressed to the Department of Community Affairs, Division of Community Planning, Bureau of State Planning, and sent to the attention of Ray Eubanks, Community Program Administrator. After reviewing the school siting information, we will provide a letter in response outlining the results of our review. We are committed to working with you to address these school siting requirements as efficiently and quickly as possible. I encourage you to discuss these issues with the Department staff assigned to your county or city. If you are unsure who your Department contact is, please call Beth Barineau at (850) 487 -4545 for assistance. Sincerely, 60/A 1 Carol A. Forthman, Director Division of Community Planning CAF/bd Enclosure • SCHOOL LOCATION PLANNING INCLUDING COMMENTS ON COLLOCATION WITH LIBRARIES, PARKS AND COMMUNITY CENTERS by Bob Dennis Community Program Administrator Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Steven M. Seibert, Secretary February 1, 1999 Final Report INTRODUCTION All we are trying to do is build a school. We've been the victims of the Comp Plan. -Scott Dailey, Chairman Leon County School Board Coordinating local comprehensive planning and the planning for ne oofs has Planning b et of goal in Florida since 1975. In adopting the Local Government Comprehensive the Legislature included schools in the intent language: It is the the intent of t a nd atii adoption cient is necessary so that Florida local within governments their jurisdiction (section 163.3161(3), FS (1975)). To provision of ...schools .. . achieve this goal, the legislation required local comprehensive plans to include an intergovernmental coordination element showing relationships the adopted comprehensive plan guidelines to be used in the accomplishment of coordination with the plans of school boards ... (section 3177(6)(h), FS (1975)). • e The 1975 Act also required that future education land uses e ri were to years des t i g ated i e f tur adopted land use plan element of the local comprehensive plan. Ten y the Growth Management Act of 1985. The Growth Management Act p er y land the use provision intergovernmental coordination provisions of the 1975 Act, but to require future land uses, including educational uses of land, be shown on a future land use map (section 163.3177(6)(a), FS (1985)). In 1995, the Growth Management Act (Chapter 163, Part II, FS) was amended to help facilitate collaborative planning between school boards and local governments he lo do n n 163.3177(6) , to FS, was revised in 1995 to require the future land use element clearly identify the land use categories in which public schools meet the pa all use and to hools ensure that sufficient land is available in those categories to in coordination with public school boards. The Leon County School Board Chairman's comments were made in 1997 (Fineout ut 1997) The events that led to these comments, along v° hoere still needed (Public demonstrating that improvements in intergovernmental coordination Schools Construction Study Commission 1997). In Leon County, t e school board h selected a site for a new high school. Before construction could begin, several involving the school board, Leon County, the City of Tallahassee, land change for the property was Department of Community Affairs h e d a °ed and had to be addressed and residents in the area required, urban sprawl concerns were opposed to the •ro•erty owner's plans for commercial development on another nearby. parcel of land (Fineout 1997). 1 DISCUSSION where and when new schools are Local school boards have established criteria ors for each i school level (elementary, middle or needed based u • on total enrollment junior high, and high school). The need for new schools or n gand e fisting sc is ors determined by comparing enrollment capacity in existing within by the schools' attendance zones. Attendance zone boundaries are primarily i su edd each residential land use patterns (density, economic and ethnic groups, standards f or maximum school level, integration of social, (Engelhardt 1970 and Kaiser, et al. 1995). walkinc distances and school bus travel times Considerations for evaluating potential new sites for schools include possible e revisions to scocol t. attendance zones, compatibility with 1 � u litaes (e.g.,lwater, se e wer and st r mwater), access y, 70 urban development, provision of pub ibilit safety, noise and other nuisances, and environmental onst ty of Okeechobee 1 Parsons and Davis 1979, City ocat n9999 Manatee County 1 an Fl Department of Edu Acquiring a site and construction costs for a school can be expensive. cost 70-acre parcel el b the to new Leon County high school cost and the ill be requ red to construct the school and another $30 million. A Certificate of Participation will be repaid over a 25 -year time period. Interest on this certificate and expected to reach $26.5 million over this 25 -year time period (Leon County Schools 1998a. Collabo planning lanning for educational facilities can provide school boa ds wit the certainty also benefit they require to know where future schools will or can be located. Lo knowin: and where future schools will be needed because it allows them to antici.ate b kno� _ potential impacts and re are for them. libraries and community 9 unity centers has Davis 1979, been Collocating schools with such facilities as parks, Engelhardt discussed in the planning literature (see, for example, and Brubaker 1998), was recommended by De Chiara and Koppelman 1982, Kaiser, et al. 1995, the Public Schools Construction Study Commission, and is encouraged g d y98ale egislation litie . In In many cases, the school itself can be used as a community th n�o ram and a place for continuing education and adult and Lackney 1995, and Brubaker 1998). meetings (Engelhardt 1970, Moore Communities can derive economic benefits where facility collocation is poss ib aeg ands and be pl constructed on smaller parcels if they are located educes land acquisition and athletic fields that the school can utilize. Such an arrangement center may be eliminated if the school construction costs. Similarly, m the need for a comunity Y school can be used for this purpose. It is also possible that collocating facilities on a single 3 convenient for patrons as well as for students from other schools; avoiding possible conflicts between students from rival schools utilizing the library; and locating the library where patrons will feel safe going to and from the library (Woolard 1980). New large scale developments and redevelopment projects such as developments of regional impact, military base reuse plans, sector .lans andsustainable d communi Ewing ideal o. . ortunities for collocating schools libraries arks and (1995) compared five "traditional" Florida towns with seven "contemporary" developments (developments of regional impact) to find common design for land that m d them exemplary. He summarized the results as best develo.ment practices environmenta , an• ousin s. Six of the seven developments reviewed by Ewing (1995) include schools or sites school shared Three projects are especially noteworthy. The Hammocks (Miami -Dade in parks /playgrounds and schools, Palmer Ranch (Sarasota County) includes a school, community center, and library in its Rivendell master plan, and Miami Lakes (Miami -Dade County) is identified as the best example for its combination of public schools, shared parks and playgrounds, library, and community center. The presence osch character, churches and other civic uses in these developments helped to establish their recommends the inclusion of these uses in his list of Best Land Use Practices. SCHOOL SITING AND COLLOCATION RECOMMENDATIONS The 1998 school siting legislation requires local governments to include criteria in their future land use elements to encourage the location of schools near urban residential areas. To meet this requirement, intergovernmental coordination mechanisms must be used to establish a collaborative planning process involving the school board and the local governments within the school district. The outcome of the collaborative planning process will establish school location criteria and identify areas where schools will be needed in the future. Once this information is known, it can be incorporated, as appropriate, into the local comprehensive plans. This section includes recommendations for school location criteria and suggestions for collocating schools, parks, libraries, and community centers. These recommendations and suggestions are based on information from Engelhardt (1970), De Chiara and Koppelman (1982), City of Gulfport (1996), Manatee County (1996), City of Okeechobee (1996) and Florida Department of Education (1997) and are included for illutive purposes rposes and to facilitate discussion. Local needs and standards may lead to different The collocation of schools, libraries and neighborhood and community mend centers branch 1 brary to population figures provided by De Chiara, et al. (1995). Y serve a population 5,000, a neighborhood recreation center for up to 5,000 residents and one 5 III. Site Acceptability A. In general, school size and land area requirements increase from elementary to high school to meet different needs such as increased enrollment; additional classrooms, including science labs and vocational classrooms; parking and athletic fields. Local school boards have guidelines for determining school size and land area requirements. Collocation, joint use and creative school design provides the opportunity for utilizing smaller sites than currents guidelines would allow. B. Schools should be centrally located within their intended attendance zones, to the extent possible, and be consistent with al l cation d because the large land area th High schools are often an exception to a central is usually not available. C. The site should be of sufficient size to ensure that buildings and ancillary facilities, and future expansions can be located away from flood plains, flood prone areas, wetlands and other environmentally sensitive areas, coastal high hazard areas, and • will not interfere with historic or archaeological resources. D. Public utilities (e.g., water, sewer, storm water) should be available to the site or can be accommodated onsite. E. Access to the site should be from a collector (minor down zones,rif or possable road for elementary schools) and avoid the nee d for slow o F. Ingress and egress should not create detrimental impacts on roads adjacent to the site. G. Approaches to the site should be safe for pedestrians, bicycles, cars and buses. H. A mass transit or bus stop should be located near the site. School Specific Site Location Recommendations I. Elementary Schools A. Elementary schools generally serve a neighborhood or group L uses should be neighborhoods where students have a short distance predominately residential that includes housing types and densities to meet the school's enrollment capacity with students that are predominately within walking distance of the school. 7 REFERENCES Aaron, S. L. 1980. A Study of Combined School- Public Libraries. American Library Association, Chicago, Illinois. Bauer, P. T. 1995. Factors Affecting the Operation of a Combined School/Public Library: A Qualitative Study. Doctor of Philosophy Dissertation, Florida State University, Tallahassee, Florida. Brubaker, C. W. 1998. Planning and Designing Schools. McGraw -Hill Inc., New York. City of Gulfport, Florida. 1996. Ordinance No. 96 -22. Adopted by City of Gulfport City Council on March 4, 1997. City of Okeechobee, Florida. 1997. Ordinance No. 693. Adopted by the City of Okeechobee City Council on August 19, 1997. • • Dahlgren, A. C. 1996. Planning the Small Library Facility, Second Edition, Small Libraries Publications No. 23. American Library Association, Chicago, Illinois. De Chiara, J. and L. Koppelman. 1982. Urban Planning and Design Criteria, Third Edition. Van Nostrand Reinhold Company, Inc., New York. De Chiara, J., J. Panero and M. Zelnik. 1995. Time -Saver Standards for Housing and Residential Development, Second Edition. McGraw -Hill, Inc., New York. Engelhardt, N. L. 1970. Complete Guide for Planning New Schools. Parker Publishing Company, Inc., West Nyack, New York. Ewing, R. 1995. Best Development Practices: Doing the Right Thing and Making Money at the Same Time. Prepared for the Florida Department of Community Affairs, Tallahassee, Florida. Fineout, G. 1997. High School has a Home. Tallahassee Democrat, August 28, 1997, Tallahassee, Florida. p. 1A. Florida Department of Community Affairs. 1998. 1998 Growth Management Legislation. Community Planning, vol. 7, no. 2 (Summer), Tallahassee, Florida. Pp. 6 -8. Florida Department of Education. 1997. State Requirements for Educational Facilities. Tallahassee, Florida. 9 • Woolard, W. L. B. 1980. Combined School/Public Libraries: A Survey with Conclusions and Recommendations. The Scarecrow Press, Inc., Metuchen, New Jersey. 11 APPENDIX PHASE 3 A CHECKLIST 63 • - areas will be hired to provide adequate three- 13. If two boards arc to govern different parts of tion for the program. the combined program, their responsibilities will be specifically defined in a formal agree- — — 22. The professional personnel who assume(s) pri- ment drawn up during the planning phase. mary responsibility for planning and imple _ 14. A method exists for allowing one governmental mcnting school library media scrviccs in the body to advance funds to or contract for ser- combined program will meet the requirements for state certification. vices with another local governmental body in order to finance the combined library program — — 23. The professional personnel who assume(s) pri- cooperatively. mary responsibility for planning and impic mcnting public library services in the combined _ 15. A formal written agreement which carefully program will ri�cct the state- adopted criteria re- defines the responsibilities of each concerned quired for professional public library personnel. party will be adopted during the planning — 24. A sufficient number of clerical and professional phase. staff members will be employed to offer corn- _ 16. Proposed formal agreements between conccrncd parable levels of programming to school and groups will cover areas such as program; facili- community patrons. tics design and construction; responsibility for — 25. The hours of operation of tare combined library purchasing furnishings, equipment, and mate- — rials for the library; purchase of the property; will be sufficient to offer a broad range of scr- provision, selection, and funding of personnel; vices for school and public library patrons and identification of staffing pattern; building the staff will be assigned to guarantee adequate maintenance; responsibility for paying the access to professional library personnel at times when students and other community members costs of utilities; and provisions for modifying arc using library services. and /or terminating the program. _ - 26.. All staff members will be responsible to the 17. The proposed program is a combined one offer — same director. ing a broad range of services to all community members rather than a separate school and — — 27. Members of the staff will have comparable job public library program in the same facility. classifications and the same salary schedule and 18. An adequate amount of money will be budgeted benefits package. for the combined program to permit comps- — 28. Members of the staff will have comparable rablc library services to both students and work schedules, annual leave, and holidays. other community members. — — 29. The library will be large enough to house a 19. The school board and the governing authority collection that will meet the needs of both for the public library are willing to contribute school and public library patrons. adequate funds to the combined program. — 30. Funds will be available to purchase selection 20. The library personnel who will work in the . tools which will aid in the careful selection of — — program understand and are committed to the materials for both school and public library concept of the combined library program. patrons if these tools are not readily accessible 21. A head librarian with sufficient expertise and • • through other sources such as the district media knowledge in both school and public library center or public library system headquarters. 66 PHASE 3 the combined program prcscnts a community's b way sucns and q or improved library services other library patrons.