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HomeMy WebLinkAbout10-14-2003 Agenda Packet C of Good Z i p Mayor =.s $g Commissioners S. Scott Vandergrift � �, • , ` ^� Danny Howell, District 1 ; ;.1.1----to , ('" Scott Anderson, District 2 kime City Manager �t I Rusty Johnson, District 3 Jim Gleason J C ~ Nancy J. Parker, District 4 PLANNING AND ZONING COMMISSION AGENDA (Also acting as Local Planning Agency) Tuesday, October 14, 2003 7:00 PM 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, September 9, 2003 III. OLD BUSINESS None IV. NEW BUSINESS A. Equimax, Inc. — Project No. AR- 01 -07 -01 (Public Hearing) (1) Annexation and Initial Zoning B. Cemetery adjoining Forest Ridge — Project No. AX- 03 -01 -01 (Public Hearing) (1) Annexation and Initial Zoning C. T. Milton West — 531 Ocoee - Apopka Road (Public Hearing) (1) Annexation and Initial Zoning — Project No. AX- 03 -04 -05 (2) Small Scale Comprehensive Plan Amendment — Project No. SSCPA -03 -005 (3) Joint Planning Agreement Amendment — Project No. JPA -03 -005 (4) Development Agreement D. T. Milton West — 606 Ocoee - Apopka Road (Public Hearing) (1) Annexation and Initial Zoning — Project No. AX- 03 -04 -04 (2) Small Scale Comprehensive Plan Amendment — Project No. SSCPA -03 -004 (3) Joint Planning Agreement — Project No. JPA -03 -004 (4) Development Agreement E. T. M ilton West — 850 Ocoee - Apopka Road (Public Hearing) (1) Annexation and Initial Zoning — Project No. AX- 03 -04 -06 (2) Small Scale Comprehensive Plan Amendment — Project No. SSCPA -03 -006 (3) Joint Planning Agreement — Project No. JPA -03 -006 (4) Development Agreement F. T. Milton West — 888 Ocoee - Apopka Road (Public Hearing) (1) Annexation and Initial Zoning — Project No. AX- 03 -04 -07 (2) Small Scale Comprehensive Plan Amendment — Project No. SSCPA -03 -007 (3) Joint Planning Agreement — Project No. JPA -03 -007 t hre (4) Development Agreement City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ococe.il.us V. MISCELLANEOUS A. Project Status Report B. October Calendar VI. ADJOURNMENT NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905 -3105, 48 hours in advance of the meeting. L THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, SEPTEMBER 9, 2003 AS LOCAL PLANNING AGENCY CALL TO ORDER Vice-Chairman McKey called the meeting to order at 7:05 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Vice-Chairman McKey, Members Campbell, Keller, Riffe, Sikora, Sills and West. Also present were Chief Assistant City Attorney Cookson, Community Development Director Wagner, Planning Manager Lewis, Principal Planner Grimms, Principal Planner James, and Deputy City Clerk Maxwell. ABSENT: Chairman Golden and Member Rhodus, who were excused. Vice-Chairman McKey introduced and welcomed new members Jim Sills and Vince Sikora. CONSENT AGENDA The Consent Agenda consisted of Item II A. A. Minutes of the Planning and Zoning Commission Regular Meeting held August 12, 2003. Member Keller, seconded by Member West, moved to approve the August 12, 2003, Planning and Zoning Commission Minutes as presented. Motion carried unanimously. OLD BUSINESS LIVING WATERS CHURCH - PROJECT NO. 1-3SE-2002 – SPECIAL EXCEPTION Principal Planner Grimms presented the staff report regarding the Special Exception for Living Waters Church. The subject property is located approximately 100 feet east of the intersection of Kissimmee Avenue and McKey Street and on the south side of McKey Street. The parcel, 100’ X 200’ or 0.46 acres, has a building with several commercial spaces. The property adjacent to the east has a commercial structure and a residence behind it. To the west is a vacant parcel, where the Living Waters Church parks its bus. The property adjacent on the south side is the Ocoee Oaks Methodist Church. The property on the north side of McKey Street has a commercial building. The general area is a mixture of older homes, older commercial establishments, and vacant lots where there were Planning and Zoning Commission Regular Meeting August 9, 2003 residential structures. There is no existing commercial establishment in the immediate area that sells alcoholic beverages. The applicant has submitted the special exception application as required by the Ocoee Land Development Code, Section 4-8 A (1). The special exception request is to permit a church to be built within the C-2 “Community Commercial District”. The applicant is proposing to operate a church in an existing four-unit commercial building on 0.046 acres. The paved parking lot has 17 angled parking spaces with one handicap space at the front of the building. Should the Special Exception be granted, the City Attorney recommends that the following conditions (which are similar to those required in connection with other Special Exceptions) be added to the Site Plan under a heading “Conditions of Approval”. This Special Exception shall expire twelve (12) months from the date of approval by the City Commission unless a building permit is obtained prior to such date; such permit being for the construction of the proposed use authorized by the Special Exception. Further, upon issuance of the building permit, the Applicant (or its agent) shall diligently proceed in good faith to complete construction in accordance with the terms hereof. Failure of the Applicant (or its agent) to proceed as aforesaid shall provide a basis for revocation of the Special Exception by the City Commission. Approval of this Special Exception does not authorize commencement of development. Prior to issuance of a building permit, it will be necessary to obtain site plan approval pursuant to the provisions of Article IV of the Ocoee Land Development Code. Further, compliance with all other applicable provisions of the Ocoee Land Development Code shall be required. The Applicant shall make a good faith effort to obtain a Certificate of Occupancy for the use authorized by the Special Exception within six (6) months of issuance of the building permit. Should the use authorized by this Special Exception be terminated or substantially modified or expanded in a manner inconsistent with the conditions of approval for the Special Exception, then said Special Exception may be revoked by the City Commission at its sole discretion. The Special Exception for use as a church shall be applicable only to the proposed Living Waters Church shown on the Site Plan for Special Exception and is not transferable to any other operator prior to issuance of a Certificate of Occupancy. 2 Planning and Zoning Commission Regular Meeting August 9, 2003 The DRC voted unanimously to recommend approval of the Special Exception subject to the City Attorney’s items being accomplished prior to the Planning and Zoning Commission meeting and subject to getting the letters of agreement. Staff recommends that the Planning and Zoning Commission recommend approval of the Special Exception for the Living Waters Church subject to the Conditions of Approval specified above by the City Attorney. Kimberly Brown, Project Manager representing Living Water Church was available to answer any questions. The public hearing was opened. Spencer Cross, 109 S. Lakeshore Drive, stated he is in opposition of the Special Exception because it puts limitations on his business located across the street. The facilities will not accommodate 200 people. Frank Litchfield, (address inaudible), stated his concerns regarding the availability of enough parking spaces for Living Waters Church. The public hearing was closed. Vice-Chairman McKey asked what the difference was between the old and new alcoholic beverage ordinance. Chief Assistant City Attorney Cookson stated the new ordinance allows certain establishes such as restaurants to be exempt for certain conditions. Discussion ensued regarding the alcoholic beverage ordinance. Ms. Brown stated there would be no active programs through the week, only on Sunday. Member West, seconded by Member Keller, moved pursuant to staff’s recommendation approval of the Special Exception for the Living Waters Church subject to the Conditions of Approval specified by the City Attorney and to limit church services to Sunday only. Motion carried unanimously. NEW BUSINESS WEST ORANGE PROFESSIONAL CENTER – PROJECT #AR-02-07-02 ANNEXATION, ANNEXATION AGREEMENT, INITIAL ZONING Terry James, Principal Planner presented the staff report for the Annexation & Initial Zoning for the West Orange Professional Center with an associated Annexation Agreement. 3 Planning and Zoning Commission Regular Meeting August 9, 2003 The property size is approximately 5.494 acres (total for the 3 parcels). The medical center located on the northern parcel was constructed in 1999 and the other center on the western parcel was constructed in 2001. The eastern parcel (Phase 3) is vacant and will be developed as a medical facility. There are no unique features such as “Floodplains/Conservation” land uses or historical/archeological site on this parcel. The parcel is located directly north of the Health Central Hospital on the north side of Clark Road and Colonial Drive, which is also located in an enclave. Annexation: 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 criteria The proposed annexation is also consistent with the Ocoee-Orange County JPA and as required Orange County has been notified of this proposed annexation and the City of Ocoee has received no comments as of the writing of the staff report. The proposed annexation is consistent with the Future Land Use Element of the City’s Comprehensive Plan since it is a logical extension of the existing city limit. Staff considers this annexation both feasible and advisable and recommends annexation of these three properties; however, this annexation should be subject to the execution of an annexation agreement. Initial Zoning: The requested initial zoning is consistent with the future land uses on the Future Land Use Map and the JPA Land Use Map. The requested initial zoning of Community Commercial is compatible with the surrounding parcels as indicated. Staff recommends the initial zoning classification of Community Commercial. On July 14, 2003, the DRC recommended the annexation of the West Orange Professional Center (Phases 1,2, & 3) subject to the annexation agreement and various modifications to the site, which most changes have been incorporated into the plans, although a few minor items remain. Staff recommends approval of the annexation and initial zoning of Community Commercial (C-2) for these properties subject to the execution of an Annexation Agreement including the site plans, proposed waivers for Lot 3, and further subject to the flowing changes to the plans:  The access to the Eastern Roadway, as described in Section 7 of the Annexation Agreement, must be shown on the site plan at the rear of building #3; 4 Planning and Zoning Commission Regular Meeting August 9, 2003  The “wavier table” with the following information must accompany the wavier application: code section citation, code standard, proposed standard, and justification. This wavier table must be placed on the site plan.  If the monument sign for Building #3 does not need a wavier for its location, the Wavier #4 is not needed since the type, height, total square footage, and location are included in Section 5. D, of the Annexation Agreement.  The most recent site plan corrections are to be reconciled with the review comments from the Public Works Department and the City Attorney. The public hearing for the West Orange Professional Center Annexation was opened. Mr. Harb, representing the West Orange Professional Center thanked the City of Ocoee for working hard to bring this project into the City of Ocoee. Kermit Busher, 441 Vandergrift Drive, stated his concerns regarding the access road to the subject property and the increased traffic. The public hearing for the West Orange Professional Center Annexation was closed. Member Keller, seconded by Member Campbell moved to approve the West Orange Professional Center Annexation, subject to approval of the Annexation Agreement and to carry the public comments from the public hearing. Motion carried unanimously. The public hearing for the West Orange Professional Center Initial Zoning was opened. As no one wished to speak, the public hearing for the West Orange Professional Center Initial Zoning was closed. Member Riffe, seconded by Member Keller, moved to approve the West Orange Professional Center Initial Zoning according to staff’s recommendation. Motion carried unanimously. TOWNS OF WESTYN BAY PUD – PROJECT NO. LS-2000-02, PUD ZONING/ LAND USE PLAN, PRELIMINARY SUBDIVISION PLAN Planning Manager Lewis presented the staff report for the Towns of Westyn Bay PUD. The Towns of Westyn Bay PUD includes about 18.3 acres and is located on the north side of Ocoee Crown Point Parkway, west of its intersection with Ocoee Apopka Road. The property was part of the Westyn Bay Preliminary Subdivision Plan, designated as a future multi-family development with R-3 zoning. The owner intends to develop the property as a private, gated townhome community with fee simple ownerships of the units. The 5 Planning and Zoning Commission Regular Meeting August 9, 2003 proposed Planned Unit Development zoning and PUD Land Use Plan is intended to help provide a high quality townhome community, which will be an important addition to the larger Westyn Bay community. The proposed PUD zoning allows up to a maximum of 172 units, which would result in a density of 9.38 units per acre. This zoning is consistent with the Westyn Bay Preliminary Subdivision Plan and Future Land Use Map for the City’s Comprehensive Plan, which shows a High Density Residential designation for the subject property. This is intended to be a gated community, like the single-family portion of Westyn Bay, which will be part of the Westyn Bay mater homeowners’ association. Ocoee Crown Point Parkway was designated as a four-lane road with left and right turn lanes into each of the adjacent developments. When Ocoee Crown Point Parkway was constructed for the first phases of the Westyn Bay single-family subdivision, only the two outer lanes and minimal turn lanes were constructed. One of the conditions in the original Westyn Bay Development Agreement indicated that, if they had not already been constructed prior to completion of the townhome development, the two interior lanes and all necessary turn lanes for this project must be constructed on Ocoee Crown Point Parkway along with the development of the townhome property. Therefore, before the Towns of Westyn Bay are ready to be occupied by any residents, Ocoee Crown Point Parkway will be a full four-lane road with all necessary turn lanes. The DRC reviewed the proposed PUD Zoning with the PUD Land Use Plan and Preliminary Subdivision Plan for the project on August 21, 2003. The DRC voted unanimously to recommend approval of the proposed PUD Zoning with the PUD Land Use Plan and the Preliminary Subdivision Plan, subject to making the changes agreed upon at the DRC meeting. The plans have been revised to address the issues that were discussed at the DRC meeting. However, one clarification to Condition of Approval #56 is needed on both plans. The last sentence of that condition should be replaced with the following sentence: The rear yards of all lots backing up to Ocoee Crown Point Parkway shall not have any structures or accessory structures, including screen rooms, built any closer that 10 feet from the face of the buffer wall. Based on the recommendation of the DRC, staff respectfully recommends that the Planning and Zoning Commission recommend approval of the PUD Zoning/Land Use Plan, and the Preliminary Subdivision Plan for the Towns of Westyn Bay PUD, as date stamped received by the City on August 29, 2003, subject to making the change to Condition of Approval # 56 as described above on both plans. Approval of the PUD Land 6 Planning and Zoning Commission Regular Meeting August 9, 2003 Use Plan and Preliminary Subdivision Plan will also need to be subject to execution and approval of a Development Agreement. Community Development Director Wagner clarified that there will be curbed driveways, upgraded landscaping, unfenced retention pond, lighting, and internal landscaping. Jay Diceglie, representing Towns of Westyn Bay, stated there would be approximately 175 town homes. Member West, seconded by Member Campbell, moved to approve the Westyn Bay PUD Zoning/Land Use Plan with upgraded sidewalks and according to staffs’ recommendation. Motion carried unanimously Member West, seconded by Member Campbell, moved to approve of the Westyn Bay PUD Preliminary Subdivision Plan with upgraded sidewalks and consistent with staffs’ recommendation. Motion carried unanimously. OTHER BUSINESS Chief Assistant City Attorney Cookson announced a seminar for board members would be held on the Sunshine Law and Public Records Law on October 27, 2003 at 7:00 p.m. ADJOURNMENT The meeting was adjourned at 8:55 p.m. Attest: APPROVED: ______________________________ ______________________________ Brenda Maxwell, Deputy City Clerk Rob McKey, Vice-Chairman 7 �h)or S. S(,Ott N'Mldorgrirt Lc i 8 _1Y11 V Jim I'In ('lesson STAFF REPORT TO: Planning & Zoning Commission FROM: Terry L. James, AICP, Principal Plannere THROUGH: Russ Wagner, AICP Community Development Director DATE: October 7, 2003 SUBJECT: Annexation and Initial Zoning for Equimax, Inc. Case Number AR-01-07-01 (I _,( In miss�ionon-�� Dann�- Rowell, District I Scott A11(1e17solj. District 2 Rusty tJobnson, District 3 Nancy J. Parker, DiStrIct Ll .ISSUE* Should the Planning and Zoning Commission recommend approval of the annexation and initial zoning for the above referenced property? . g a Parcel Identification Number: 31-22-28-0000-00-008 Property Size: 0.67 acres. General Location: The subject property is located approximately 550 feet north of the intersection of Maguire Road and Roberson RoaComprehensivedPian.M{Forithe oaRoad is classified as an arterial roadwayin he Location Map, see Attachment# 1 ) Actual land use, proposed land use, unigue features, nd plan consistency-. Of the subject prope : The subject property has singles tory resioential astructure with two carports and three sheds. The applicant indicates the proposed use will be offices. There are no unique features on the property. The property is designated "Professional Offices & Services" on the Ocoee Future Land Use and the Joint Planning Area (JPA) Land se Maps. The applicant has requested an Ocoee initial zoning classification of "ProfessionaUl offices & Services". This initial zoning is consistent with the Ocoee Comprehensive Plan/Future Land Use Map and the JPA Land Use Map designations. City of Ocoee ® 150 N Lakeshore Drive ® Ocoee, Florida 34761 phone: (407) 905-3100 ® fax: (407) 656-8504 . wMv.ci.ocoee.f1A1S Project: Equirnax Building Applicant: Equimax Realty Case#: AR-0 1 -07-01 Page 2 of 3 The future land use & requested initial zoning classification of the subject 2 property: Land I Orange Use Classification Orange Classification Professional ssiona' Offices & CityofOcoee' Prof coee'Pro' �s' Services 0ffices&Servlces 0UntylCitrus_Rural City of Ocoee/ Professi WricultureI Offices &eVicesP The current future land use and zoning classifications of the surrounding properties: Offices East Ocoee/Commercial Ocoee/PUD-Commercial South orange Cnty/Professional Orange Cnty/Citrus-Rural Offices West Orange Cnty/Professional Orange CntylCiitrus-Rural • ,J6-11CIEN] WTY VIO&IF—A 11 1 "N a 0 Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. The requested annexation is not an enclave and such annexation would not result in an enclave being created. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will not require a comprehensive plan amendment per Subsection 8-13 of the JPA Agreement and is consistent with the JPA Agreement per Subsection 6-D. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee - Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy... ." The subject property has a Land Use designation of "Professional Offices & Services" on t" Joint Planning Area Land • Use Map and the adjacent properties are also designat "Professional Offices & Services". I The applicant has petitioned the City to give an initial zoning designation to the subject proper of "Professional offices & Services". This requested zoning designation "Professional Offices I Project: Equimax Building Applicant: Equimax Realty Case #: AR-01-07-01 Page 3 of 3 Services" is compatible and consistent with the City's Future Land Use designation and is consistent with the development character of the surrounding properties situated along this arterial roadway. Annexation. Feasibility ,& Public Facilities Analysis Report: Based upon the projected impacts of the proposed office use and size of the parcel, Staff determined that the City could adequately provide a range of urban services to the subject property. Should the property owners choose to develop the property in the future; however, they may be required to make certain improvements. Assessed Valuation: The 2002 assessed valuation is $ 72,059. In conclusion, the proposed annexation is a logical extension of the City limits, urban services can be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use Classification and initial zoning is consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning is also consistent and compatible with the surrounding properties. DEVELOPMENT REVIEW COMMITTEE EGOMMEDATIO� On September 16, 2003, the Development Review Committee (DRC) met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended the annexation of the Equimax property. ION: Based on the DRC recommendation and the analysis above, Staff recommends that t Planning & Zoning Commission recommend approval of the annexation and initial zoning of P-S "Professional Offices & Services" for the Equimax property (AR 01-07-01). 1 Attachments: Copy of the Public Hearing Advertisement Location Map Future Land Use Map Zoning Map "Annexation Feasibility & Public Facilities Analysis" Report File: 0:\TJames\DEVELOPMENT REVIEWS\ANNEXATION—INITIAL ZONiNG\Equimax Annexation & Initial Zoning\Equimax Annexation—P&Z report-doc fOR ANNEXATION & INITIAL ZONING EQUIMAX CASE NUMBER: AR-03.02.03 NOTICE IS HEREBY GIVEN, pursuant to Subsection 5-9 of the City of Ocoee Land Development Cade, that on Tuesday, October 14, 2003 at 7:00 p:m. or as soon thereafter ps practical, the CITY OF OCOEE PLANNING & ZONING COMMISSION will hold a PUBLIC HEARING in the Commission Chambers at the Ocoee City Hail,locoted at 150 North Lakeshore Drive, Ocoee; Florida 34761 to consider a petition for annexation and a request for initial zoning for a 0,67-acre parcel located at 924 Maguire Road. This parcel is approximately 550 feet north of the intersection of Maguire and Roberson Roads on the Westside of Maguire Rood. The Orange County Property Appraiser's Parcel Identification Number (PIN) for this Parcel is 31.22.28.00 W-00.008. If the Annexation is approved, the property would be incorporated into the Ocoee zoning classificaal tion of'ProIs fessional Offices & Services" (P•S) on thf is parcel. The Planning & Zoning Commission will make a recommendation to the Ci- ty Commission as to the relationship of the requested actions to the Ocoee ment Code, the CommunityuDevelopmentcDire for B. has determined thatlthe requested zoning classification is consistent with the Ocoee Comprehensive Plnn. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Community Development Depart- ment/Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Planning & Zoning Commission may continue the public hearing to oth- er dates and times, as it deems necessary. Any interested Party shall be advised of the dates, times, and places of any continuation of these or con- tinued public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that any Person who desires to appeal any decision made at the public hearing will need a record of the proceedings and for this pur- pose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407 905.3105. OLS5260270 Jean Grafton, City Clerk 10/2/03 I E m U ro � .: O* N o. a " N E0 a a 0 ID yob p N N O U O ro O U _ CL p O a) ca N � �� O C CL O ;p O ~ �yQ is ro 4 d o- c® c O :� � o ca ED a N 00 0 =3 G 2: r N 0 O O ,2) N O Ui =O N U) cca.J ZLLUJ 0WtL(ieI 00 1 IN, I 1 (fi�5 ts2£ �r m U) C m tL L 04 C ^ _ (� It 87 N ..... i 0) 0) .U) .C1. N u -0_ "i o. E 0 m O N (II d �? i > r. t6 N Q ' D O Q Cn w "' t— U E a) 0 d N N O 6 Ni ? 7+ > l- a O U E V) ems' TJ O ro ro r O- i m N" 0i} Q Q w 0 O O C N LI! = Q C V wA 0 ® ® G O N !+ U O Imo' O tea, v a 41 °� cn ,co tow E tl r a _ UJ f17 tU a) O 'F O (an) a— O a) e O a% o tf)���U` UiUifl?(l7tli{���p.zlJCiil'oLSU' 0 Nklvor S. Scott 81)(1crg"rift CilN- 'j\linagoi J1111 Gleason of Good I.;,,, STAFF REPORT l TO: The Planning & Zoning Commission FROM: Terry L. James, AICP Principal Planner THROUGH: Russ Wagner, AICP Community Development Director DATE: October 7, 2003 SUBJECT: Cemetery adjoining Forest Ridge Annexation and Initial Zoning Case Number AX-03-01 -01 (,onl D,Inljy Howell, -District I Scott _Anderson, District 2 [tLlstv Johnson. District :3 NancN- J. PJrker, District 4 ISSUE: Should the Planning & Zoning Commission recommend the approval of annexation and initial zoning for the above referenced property? Brief History The Cemetery adjoining Forest Ridge has been identified by the Reconciliation Taskforce as an historic African -American cemetery. The cemetery, located in Orange County, is abandoned and not properly maintained. The ownership is listed as "unknown" in the Orange County records. At the January 21, 2003 City Commission meeting, the Mayor and City Commissioners voted unanimously to direct Staff to annex this property into the City of Ocoee as a first step in the preservation of this historic landmark. Parcel Identification Num• : 08-22-28-0000-00-035 Property Size: 1.012 acres. Gene Location: The subject property is located south of Basking Ridge Court (cul-de-sac), north of Burnt Tree Court (cul-de-sac) and west of Caballero Court (cul-de-sac). (For the Location Map, see Attachment# 1) Actual land use, proposed land use, unigue features, and plan consistency of the subiect propeLty: An historic African -American • cemetery occupies this parcel; this will remain after annexation and the initial zoning. There are no unique features on the property. The subject property is designated "Low Density Residential" on the Ocoee Future Land Use and Joint Planning Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 - fax: (407) 656-8504 - www.ci.ocoee.flA1S Project: Cemetery adjoining Forest Ridge Applicant: city of Ocoee Project#: AX-03-01 -01 Page 2 of 4 classification of "Single Family Residential" ). This initial zoning is consistent Ocoee Comprehensive Plan Future Land Use Map and with the JPA Land Use Map designations. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED &�sity Residential City of Ocoee/Low Density Jurisdiction/Future Land Orange County/Low Den Residential Residential Density si 00 /S Family Ocoee/Single ingle F c 'a uturo 1 District t City of 1 ) Use Classification s ee/Single Family Jurisjl�t 0 r i County/ Residential Di rl i tial A Orange County/ Residential LASUICI City of 0 Jurisdiction[Zoning Residential (R-1-A—) Classification lassification The current future land use and zoning classifications of the surrounding properties: LAND USE NorthResidential ee/Low Density Ocoee/Low Dens' East 0 Density Ocoee Singl e Family Residential (R-1-A) South Ocoee/Low Density Ocoee/Single Family Residential (R-1. West range Cnty/ Low Orange County/ R ensitv Residential District r,r%f%IQIQ-rENCY WITH STATE AND LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. The requested annexation is not an enclave and such annexation would not result in an enclave being created. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will not require a comprehensive plan amendment per Subsection 8-13County of the JPA Agreement and is consistent with the JPA Agreement per Subsection 6-D. Orange has been notified of this petition in accordance with SubtheOrange County Joint Planning Area Agreement. We have eceived no comments as of date of this report. Comprehensive Plan: The annexation is consistent with thFuture Land Use Element Policy 2.5 that states in part, "The City shall consider requests fore voluntary annexation into the City when those lands are logical extensions of the existing City limits, when sCompreervices hensivecan be properly provided, and when proposed uses are compatible with the CityS Plan, the JPA Agreement, and the City's Annexation Policy...." Project: Cemetery adjoining Forest Ridge Applicant: City of Ocoee Project AX-03-01 -01 Page 3 of 4 DISCUSSION: The subject property has a Land Use designation of "Low Density Residential " on the Joint Planning Area Land Use Map and the adjacent properties are also designated "Low Density Residential". The City, as the applicant, petitioned for an initial zoning designation to the subject property of "Single Family Residential" (R-1-A). This requested zoning designation "Single Family Residential" is compatible and consistent with the City's Future Land Use designation and is consistent with the development character of the surrounding properties situated along this arterial roadway. Annexation Feasibili!y, & Public Facilities Analysis Report: Based upon the projected minimal impacts of the cemetery use in this residential area and size of the parcel, Staff determined that the City could, if needed, adequately provide a range of urban services to the subject property._ Assessed Valuation: The 2002 assessed valuation is $ 10,000. In conclusion, the proposed annexation is a logical extension of the City limits, urban services can be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use Classification and initial zoning is consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning is also consistent and compatible with the surrounding properties. DEVELOPMENT r*IPMFNT REVIEW COMMITTEE: EE: On September 16, 2003, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Base on the above analysis and subsequent discussion, the DRC recommended the annexation of the Cemetery adjoining Forest Ridge to the Planning & Zoning Commission. STAFF RECOMMENDATION: Based on the DRC recommendation and the analysis above, Staff recommends that the Planning & Zoning Commission recommend approval of the annexation and initial zoning of R- I -A, "Single Family Residential" for the Cemetery adjoining Forest Ridge (AX-03-01 -01). Attachments: Copy of the Public Hearing Advertisement Location Map Future Land Use Map Zoning Map "Annexation Feasibility & Public Facilities Analysis" Report Project: Cemetery adjoining Forest Ridge Applicant: City of Ocoee Project AX-03-01 -01 Page 4 of 4 File: OAT,larne"AA DEVELOPMENT REVIEVVS\ANNEXATION—INITIAL ZONING\Forest Ridge Cemetery\Forest Ridge Cemetery_DRC6 Report.doc A I —,IV()V S. Scott N 11 der-grift (21 Ait V—'I—\t 11 I —Val � I Jim Gleason '­-%tey Of Goer] r . STAFF REPORT I To: The Planning and Zoning Commission From: Terry L. James, AICP Principal Planner -Planning Division Through: Russ Wagner, AICP Community Development Director Date: October 8, 2003 Subject: T. Milton West 531 Ocoee -Apopka Road o ni ni i s s i on C, r Danny How(AL District I )Cott (I P, A nson, Dt�trict 2 -n Rusty Johnson. District :1 Nancy J. Parkni% Di:,Crict 4 AX-03-04-05 Annexation & Initial Zoning Plan Amend ent JPA-03-005 Joint Planning Agreement (JPA) Amendment Development Agreement ISSUE Should the Planning & Zoning Commission recommend approval of the annexation & initial zoning, small-scale comprehensive plan amendment, the Joint Planning Area Agreement, and development agreement for the above referenced property? Q-eneral Location: The property is located at 531 Ocoee -Apopka Road (County Road 437) in unincorporated Orange County on the west side of roadway approximately Y2. mile north of the Ocoee Apopka Road/Silver Star Road intersection. Parcel Identification #-. 07-22-28-Ili/ -00-019 Property Size: 4.57 acres +/- Actual land use, proposed development plans, unique features, and plan consistency of the subject property: The property was formally an orange grove and currently contains one rental housing unit. The proposed development plans are unknown at this time. There are no unique features on the property such as historic or archeological sites. city of Ocoee - 150 N Lakeshore Drive ® Ocoee, Florida 34761 phone: (407) 905-3,100 - fax: (407) 656-8504 - vmAl.ci.ocoeeftus T. Milton West 531 Ocoee -Apopka Road Page 2 of 9 Future land use & requested initial zoning classification of the subject property: .-I 109?9=KIT PRO IrFuture Land Use Zoning Orange County/ Low Densil, Residential Orange County/Citrus Rural ty city of Ocoee/ Restrictea Manufacturing &Warehousing (1-1) Current future land use and zoning_ classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Low DensitvResidential Oran County/Citrus Rural East Low Densitv Residential Oran e Count Citrus Rural South Low Density Residential OrangeCounty/Single Family Dwelling West Low Density Residential city of Ocoee/Single Family Dwelling (R-1-A) The subject property is designated Low Density Residential" and "Conservation/ i­- loon_PMMT= the Ocoee Future Land Use and Joint Planning Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning classification of Restricted Manufacturing & Warehousing (I- 1). This request is inconsistent with the Ocoee Comprehensive Plan Future Land Use Map and the associated JPA Land Use Map. set 0 11 1111 1111 1111P: !111 1111 there is no specific funding source trorn Vrc Given the recent, defeat of the Orange County sponsored Mobility 20/20; it is unlikely that this roadway will be widened without considerable financial support from the City of Ocoee. The current Average Daily Traffic (ADT) on Ocoee -Apopka Road/County Road 437 is as follows: 2003 Volumes: 1- RESERVEDEXISTING FROM TOTAL /CAPACITY PERFORMANCE FROM & VESTED APPROVED RATIO DEVELOPMENT Star Rd. I Cross Her's Gross F-M-(TO-1 M T. Milton West 531 Ocoee -Apopka Road Page 3 of 9 The City —maintained drainage feature known as the "northwest ditch", impacts the subject property in the following manner: ZONING'NUMBER Floodplain: The portions of the subject property also appear to be within the 1 00-year floodplain as shown on the Flood Insurance Rate Map (FIRM) # 12095CO210E, dated 12-6-00: 1015T-1,111 VX61011104 wIPERTY 066--ATON IN PORTION OF THE RELATION TO THE PROPERTYIMPACTED FLOODIPLAIN �Ca s -t& S cTu- t _h Western & northern bound, Potable Water & Sanitary ,Sewer: Potable water is available for this site; sanitary sewer is not. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. DISCUSSION: ANNEXATION & THE JOINT PLANNING AGREEMENT Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. The proposed annexation at 531 Ocoee -Apopka Road will create an enclave if the property to the south located at 606 Ocoee -Apopka Road (PIN: 18-22- 28-0000-00-001) is not annexed to join the subject property to the City limits. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will require a small-scale comprehensive plan amendment according to Subsection 8-B of the JPA Agreement since the proposed future land use classification is not consistent with the JPA Land Use Map. The City has complied with the annexation provisions contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee -Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Annexation Feasibility & Public Facilities Analysis Report: As a requirement of the JPA agreement, the City is required to perform a feasibility analysis as a component of the annexation procedure. Based upon the projected impacts of the proposed light industrial use, the location, and the size of the property, Staff determined that the City cannot provide the full range of urban services. In this case, sanitary sewer is not available and there are no plans to extend this line at this time. T. Milton West 531 Ocoee -Apopka Road Page 4 of 9 Comprehensive Plan: The proposed annexation of the subject property is partially consistent with the Future Land Use Element Policy 2.5 governing annexations that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy. The subject property is a voluntary annexation, but will not be a logical extension of the existing City limits unless the property to the south at 606 Ocoee -Apopka Road is also annexed. As discussed in the Annexation Feasibility & Public Facilities Analysis Report above, the City also cannot provide all services (in this case, sanitary sewer). Additionally, the proposed Light Industrial future land use classification is not consistent with the Future Land Use Map or the JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail below. Assessed Valuation: The 2002 assessed valuation is $126,946. Annexation & Initial Hold Harmless Agreement: The application package contains the agreement. In summary, the proposed annexation is logical extension of the City limits; however, the annexation of the property at 531 Ocoee -Apopka Road alone will create an enclave unless the property located to the south at 606 Ocoee -Apopka Road is annexed to join 531 Ocoee -Apopka Road with the existing City boundary. All urban services, in this case sanitary sewer, cannot be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report; therefore, the annexation does not meet all the requirements of the Future Land Use Policy 2.5 governing annexations as discussed above. Otherwise, the annexation meets state regulations and intergovernmental coordination agreements (the JPA Agreement) with the exceptions noted in the discussion above. DISCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONING The proposed Light Industrial future land use classification for this subject property is not consistent the City of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to change the Future Land Use/JPA Land Use Map Classification from Low Density Residential to Light Industrial. After this amendment to the Comprehensive Plan, the applicant can then request the initial zoning classification of Restricted Manufacturing & Warehousing (1-1) while maintaining the consistency required between future land use classifications and zoning classifications. The proposed small-scale comprehensive plan amendment and initial zoning is discussed in greater detail below. Although sections of the Ocoee -Apopka Road are operating above the adopted level of service, the accuracy of future traffic projections on this roadway may grossly understate future traffic volumes when considering the growth in development and population in the northwest portion of the City. As stated earlier, this roadway will not be improved as needed without the financial support from the City of Ocoee. Past development practices and City policy would, in turn, T. Milton West 531 Ocoee -Apopka Road Page 5 of 9 require the developers that will benefit from the Ocoee -Apopka Road improvements to participate in the funding these roadway improvements. The Ocoee Crown Point mixed -use developments will include an elementary and high school, and recreation amenities that will further enhance the attractiveness of this area as evidenced by the on -going and proposed development such as Westyn Bay (512 lots), Westyn Bay Townhoryies (172 lots), Forestbrooke (362 lots), Eagles Landing (97 lots), McCormick Woods (272 lots) and the Wine's property (100 lots). In spite of the opening of the Western Beltway/SR429 limited access, toll facility, Ocoee -Apopka Road will remain the major arterial for the movement of local north -south traffic connecting these homes with the major shopping areas to the south and, in turn, connecting other Ocoee residents to the new amenities such as the schools and parks in the northwest portion of the City. As indicated above, the Ocoee -Apopka Road is planned for future widening to cant -lane facility with a 120-foot right-of-way. In keeping with past practices and policy the applica4nt should be required to donate 60 feet from the roadway centerline for right-of-way. This will allow for preservation of adequate land for the possible future widening construction. This dedication should be addressed in a development agreement. In order to preserve the through -traffic function of this major arterial roadway, comprehensive access management procedures must be applied. These access management features will require additional right-of-way to address right and left turn lanes into the property, roadway improvements to accommodate large truck traffic, and joint access to the property. Again, these turn lanes and access management considerations should be addressed in a development agreement. (For additional information on the proposed Access Management plan for Ocoee - Apopka Road, see the attached map.) The above discussion is supported by the policies in the Ocoee Comprehensive Plan summarized below: • PolicV 1.6in the Future Land Use Element: Control strip commercial development through access limitations. • Policy 2.2.3.. in the Transportation. Element: Adopt access management ordinances to . ensure access management control on roadways. • Policy 2.2.4 in the Transportation Element: Preserve needed right-of-way through funding by developer contributions. • Policy 3.1.3. in the Transportation Element: Develop, support, and require access management strategies on arterial roadways, including limited/joint access medians and turn bays. The northwest ditch impacts this property on its western boundary. This drainage feature drains the area southeast of the West Orange Girl's Club and the Palm Springs and Pioneer Key subdivisions located southwest of this property. The ditch flows in a north -northwesterly direction after leaving the subject property into the Lake Apopka basin. The northwest ditch is designated as "Conservation/Floodplains" on the City of Ocoee Future Land Use Map and the T. Milton West 531 Ocoee -Apopka Road Page 6 of 9 JPA Land Use Map. The area within this ditch should remain in this classification and not be changed as part of any land use amendment. This drainage feature should be clearly delineated from the remainder of the property in order to formulate a development agreement with the applicant. This annexation agreement should restrict development within the delineated area except for the construction of drainage structures or other appropriate and necessary structures for the furtherance of the conservation and drainage purposes. The annexation agreement should also contain a City maintenance easement to insure the continued maintenance of this critical drainage facility. The City Engineer indicated that a 15- foot minimum maintenance easement dedicated on both sides of the northwest ditch would be needed by the City in order to properly maintain the ditch. Floodplain This property is impacted by the 1 00-year floodplain associated with the northwest ditch. This floodplain is also depicted on the JPA Land Use Map and Ocoee Future Land Use Map as "Conservation/Floodplains" land use. The floodplain like the drainage feature discussed above should be clearly delineated in order to prevent incompatible development degrading or constricting this natural feature and the area should remain as "Conservation/Floodplains" land use. (For additional information on the Floodplain area, see the attached map.) The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Policy 5.6 in the Future Land Element: Requires developers to delineate conservation and floodplain lands on a site -by -site basis. As stated in the background information above, the notable water is available for the property, but sanitary sewer is not available. The applicant should be responsible for any costs associated with the extending and/or upgrading of the water and sewer lines to the property. All water and sewer improvements should be consistent with the City's utility master plans. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Policy 2.8 in. the Future Land Use Element: Manage development when and where appropriate facilities to support it. Policy 5.3,in the Future Land Use Element: Requires central sewer for development within and adjacent to wetlands or 1 00-year floodplain lands. The surrounding properties in the • Ocoee -Apopka Road area are within the Orange County -City of Ocoee Joint Planning Agreement Area. A majority of these properties have Low T. Milton West 531 Ocoee -Apopka Road Page 7 of 9 Density Residential land use classification. This land use classification was jointly developed by Orange County and the City of Ocoee to reflect the current and proposed future residential character of this area. Currently, the City of Ocoee has approximately 100 acres of undeveloped, industrially- zoned properties. This annexation and requested land use change from Low Density Residential (Orange County) to Light Industrial (City of Ocoee) coupled with the initial zoning to Manufacturing &Warehousing (1-1) adds land to this over -zoned classification. Many of the uses permitted in the 1-1 zoning classification are also permitted in the General Commercial District (C-3) and Community Commercial (C-2) zoning classification that could allow for the conversion from industrial to commercial uses. The initial zoning of this property could set a precedent to zone more properties in the north Ocoee -Apopka Road area as industrial and commercial, increasing the current oversupply of land in these zoning classifications. Furthermore, the oversupply of industrial and commercial zoned land may reduce the overall value of existing industrial and commercial zoned land within the City. These lower land values could lessen incentive for developers to develop or redevelop industrial and commercial properties that are already appropriately zoned and possess adequate infrastructure. The applicant did not provide any market -based analysis indicating the economic need for the change in land use from Low Density Residential to Light Industrial and the subsequent zoning change to Manufacturing and Warehousing (1-1). If Low Density Residential land uses are annexed, zoned, and developed as industrial and commercial uses, the trend will also make it difficult for a residential developer to assemble the appropriate amount of land for high -quality, low -density residential development envisioned for the north Ocoee -Apopka Road area. If the vacant land is consumed by land uses other than the low -density residential, when higher -density residential development does occur it may be of lower quality and, as a result, lower the City's potential tax base. When commercial and industrial land uses "outbid" the low -density residential land uses, the resulting future businesses will not have the necessary residential customer base in close proximity to support them economically. Without the appropriate residential customer base, new business will also not locate in this area. This condition could cause further erosion of the economic viability of the north Ocoee -Apopka Road area and spread to other industrial and commercial land within the City. In other words, it is appropriate to maintain a balance between industrial/commercially zoned lands and residentially zoned lands so as not to adversely affect either "buyers" or "sellers". Accordingly, the requested changes are believed to be premature until a more definite pattern of development is exhibited in this area and adequate infrastructure is provided. In summary, the small-scale comprehensive plan amendment and the initial zoning are not consistent with the adopted Ocoee Future Land Use Map or the JPA Land Use Map. The proposed development is also lacks sanitary sewer service, adequate transportation facilities, and lastly, does not provide evidence of economic need for the proposed change. The Mayor and City Commissioners recently approved funding for the "Northwest Sector Plan" in recognition of the development pressure within Northwest Ocoee to change land uses from lower density residential to more intense non-residential uses. T. Milton West 531 Ocoee -Apopka Road Page 8 of 9 This sector plan will examine existing land uses in the area and the proposed changes from low - density residential development to more intense non-residential uses and increased residential density. it will also assess infrastructure deficiencies with particular emphasis on roadways and sanitary sewer service, provide an analysis of the market demand for non-residential uses, and identify funding sources for the needed infrastructure. The purpose of the Northwest Sector Plan will be to prepare a comprehensive market -based assessment of alternative land uses in order to define an economically -viable, preferred land use scenario and to determine financially feasible funding sources for the provision of public facilities. Staff recognizes three options in consideration of this annexation, the small scale comprehensive plan amendment changing the future land use classification from Low Density Residential to Light Industrial and proposed the initial zoning classification change to Restricted Manufacturing & Warehousing (1-1). In order of Staff preference these three options are as follows: Option : The denial of the complete application package including the annexations, the small scale comprehensive plan amendment changing the future land use classification from Low Density Residential to Light Industrial including the JPA Agreement amendment, and proposed initial zoning classification of Restricted Manufacturing & Warehousing (1-1) based on the inconsistency and incompatibility of the land use and zoning on the existing and future land uses in the area and the lack of adequate sanitary sewer and roadways as outlined discussion above. Option : The postponement through a continuance of the complete application package recognizing the incompatibility and inconsistency, but the reconsideration of the package at such time when the Northwest Sector Plan produces a clear vision of the preferred, economically -viable land use development scenario with financially feasible funding sources for the known infrastructure deficiencies outlined above. The Northwest Sector Plan would provide the basis for a comprehensive approach to the development pressures in the area as opposed to a piecemeal/incremental approach to land use changes such as proposed in this application. Option 3: The approval of the complete application package except for "Con servation/Floodplain" lands, contingent on the execution of a development agreement that mitigates some of the adverse impacts of the proposed application package. This option, however, sets the precedent for piecemeal/incremental consideration and approval of changes in the northwest area as opposed to the more comprehensive approach of Option 2. (For the parcel specific limitations and mitigation requirement, see the draft development agreement attached) Attachments: Public Hearing Notice Location Map Future Land Use Map Zoning Map Floodplain Map Ocoee -Apopka Road Proposed Access Management Plan Map T. Milton West 531 Ocoee -Apopka Road Page 9of9 West Properties Access Management Plan Map Draft Development Agreement iG a N-o S. Scott Vander"rltt City` AIL11-i'l-or Jim Gleason STAFF REPORT To: The Planning and Zoning Commission From: Terry L. James, AICP J ?-�, Principal Planner -Planning Division Through: Russ Wagner, AICP Community Development Director Date: October 8, 2003 Subject: T. Milton West 606 Ocoee -Apopka Roa* l,),11111y Howell, District I Scott Anderson. Di,�trict 2 Rusty Johnson, District :1 Nanev J. Parker, District 4 AN -• WIN SSCPA-03-004 Small Scale Cul r7TWITerff fTT-1*1"r JPA-03-004 Joint Planning Agreement (JPA) Amendment Development Agreement ISSUE Should the Planning & Zoning Commission the approval of the annexation, small-scale comprehensive plan amendment, initial zoning, Joint Planning Area Agreement Amendment, and Development Agreement for the above referenced property? General- Location: The property is located at 606 Ocoee -Apopka Road (County Road 437) in unincorporated Orange County on the west side of roadway approximately Y2mile north of the Ocoee Apopka Road/Silver Star Road intersection. Parcel Identification 4�'. 18-22-28-0000-00-001 Actual land use, p •posed development plans, unigue features, and plan, consistency of th subiect.propert : The property has vacant buildings and is planted in pine& The proposed development plans are unknown at this time. There are no unique features on the property such as historic or archeological sites. The subject property is designated Low Density Residential" and "Con servation/Floodplai ns" on the Ocoee Future Land Use and Joint Planning Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning classification of Restricted Manufacturing & Warehousing (1-1). This request is inconsistent with the Ocoee Comprehensive Plan Future Land Use Map and the associated JPA Land Use Map. City of Ocoee - 150 N Lakeshore Drive , Ocoee, Florida 34761 phone: (407) 905-3100 ® fax: (407) 656-8504 - www.ci.ocoee-fl-us 4 T. Milton West 606 Ocoee -Apopka Road Page 2 of 8 Future land use& reguesteJ initial zoning classification of the subject property: CLASSIFICATIONIJURISLAL; I IVN; :—:::: Orange Countyl Law D�ensity City of Ocoee/Light Industrial Future Land Use I tri Residential g County/ tial cted City of Ocoee/ Restricted Orange County/ Residential (R-1A) W Zoning Manufacturing &Warehousing t t 1_1 I-1) Current future land use and zoning classifications of the surrounding properties: CURRENT UR -Fu I K LAND USE Low Density Residential Orange Count /Citrus Rural jai Low Density Residential Orange County/Citrus Rural Light Industrial City of Ocoee/Restricted Manufacturing &Warehousing --------------- I y Low Density Residential city of Ocoee/Single Family City of Ocoee/Single _J/S) Dwelling (R-1-A (R Transportation* The subject property is located . on the west side of Ocoee -Apopka Road (County Road 437) approximately Y2 mile north of the Ocoee -Apopka Road and Silver Star Road intersection. Ocoee -Apopka Road is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service of "E". The Ocoee -Apopka Road segment from Fullers Cross Road to McCormick Road is already operating at level of service "F". According to the Ocoee Comprehensive Plan (Figure 11 b), this roadway will become a 4-lane facility by 2020; however, there is no specific funding source from Orange County for these future roadway improvements. Given the recent, defeat of the Orange County sponsored Mobility 20/20; it is unlikely that this roadway will be widened without considerable financial support from the City of Ocoee. The current Average Daily Traffic (ADT) on Ocoee -Apopka Road/County Road 437 is as follows: C438/Silver I Fuller's Star Rd: C, Rd Her's Cross �m �kossrmici Rd. Rd._ ADOPTED ADOPTED 2003 Volumes: �A �y PERFORMANCE C C /CAPACITY PERFORMANCE LOS LOS NUMERIC EXISTING RESERVED FROM TOTAL T CATIn LC RATIO STANDARD TANaDARDCAPACITY &V VESTED APPROVED r �n STANDARD DEVELOPMENT ­ a ern In AAR f) 94 A 03 T. Milton West 606 Ocoee -Apopka Road Page 3 of 8 Drainage: The City —maintained drainage feature known as the "northwest ditch", impacts the subject property in the following manner: mgmammu PA'*J LN I I g LC211 L I I in I ZJR M M. PORTION OF THE 'IMPACTED Floodplain,: The portions of the subject property also appear to be within the 100-year floodplain as shown on the Flood Insurance Rate Map (FIRM) # 12095CO21 OE, dated 12-6-00: bill- t-Rd-pERTY LOCATION IN PORTION OF THE RELATION TO THE PROPERTYIMPACTED FLOODPLAIN Potable Water & Sanitary Sewer: Potable water is available for this site; sanitary sewer is not. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. DISCUSSION: ANNEXATION & THE JOINT PLANNING AGREEMENT Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. The proposed annexation is not an enclave since the subject property abuts the City limits on the south and west. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will require a small-scale comprehensive plan amendment according to Subsection 8-B of the JPA Agreement since the proposed future land use classification is not consistent with the JPA Land Use Map. The City has complied with the annexation provisions contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this petition in accordance havwithe Subsection 1comments as of the date of this 3-A of the city of Ocoee -Orange reportCounty Joint Planning Area Agreement, We received no. Annexation Feasibility & Public Facilities Analysis Report: As a requirement of the JPA agreement, the City is required to perform a feasibility analysis as a component of the annexation procedure. Based upon the projected impacts of the proposed light industrial use, the location, and the size of the property, Staff determined that the City cannot provide the full range of urban services. In this case, sanitary sewer is not available, and there are no plans to extend this sewer line at this time. T. Milton West 606 Ocoee -Apopka Road Page 4 of 8 Comprehensive Plan: The proposed annexation of the subject property is partially consistent with the Future Land Use Element Policy 2.5 governing annexations that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy. The subject property is a voluntary annexation and is a logical extension of the existing City limits; however, as discussed in the Annexation Feasibility & Public Facilities Analysis Report above, the City cannot provide all services (sanitary sewer). Additionally, the proposed Light Industrial future land use classification is not consistent with the Future Land Use Map or the JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail below. Assessed Valuation: The 2002 assessed valuation is $42,400. Annexation & Initial Hold Harmless Agreement: The application package contains the agreement. In summary, the proposed annexation is a logical extension of the City limits; however, sanitary sewer services cannot be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report. The annexation, therefore, does not meet all the requirements of the Future Land Use Policy 2.5. The annexation meets state regulations, the JPA Agreement and Ocoee annexation procedures. DISCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONING The proposed Light Industrial future land use classification for this subject property is not consistent the City of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to change the Future Land Use/JPA Land Use Map Classification from Low Density Residential to Light Industrial. After this amendment to the Comprehensive Plan, the applicant can then request the initial zoning classification of Restricted Manufacturing & Warehousing (1-1) while maintaining the consistency required between future land use classifications and zoning classifications.i The proposed small-scale comprehensive plan amendment and initial zoning s discussed in greater detail below. Transportation Although sections of the Ocoee -Apopka Road are operating above the adopted levelutuof e rvice,the accuracy of future traffic projections on this roadway may grossly unde frtraffic volumes when considering the growth in development and population in the northwest portion of the City. As stated earlier, this roadway will not be improved as needed without the financial support from the City of Ocoee. Past developent pracces and City policy would, in turto n, require the developers that will benefit from mthe Ocotiee-Apopka Road improvements participate in the funding these roadway improvements. The Ocoee Crown Point mixed -use developments will include an elementary and high school, and recreation amenities that will further enhance the attractiveness of this area as evidenced by the on -going and proposed development such as Westyn Bay (512 lots), Westyn Bay T. Milton West 606 Ocoee -Apopka Road Page 5 Of 8 Townhomes (172 lots), Forestbrooke (362 lots), Eagles Landing (97 lots), McCormick Woods (272 lots) and the Wine's property (100 lots). In spite of the opening of the Western Beltway/SR429 limited access, toll facility, Ocoee -Apopka Road will remain the major arterial for the movement of local north -south traffic connecting these homes with the major shopping areas to the south and, in turn, connecting other Ocoee residents to the new amenities such as the schools and parks in the northwest portion of the City, As indicated above, the Ocoee -Apopka Road is planned for future widening to a 4-lane facility with a 120-foot right-of-way. In keeping with past practices and policy the applicant should be required to donate 60 feet from the roadway centerline for right-of-way. This will allow for preservation of adequate land for the possible future widening construction. This dedication should be addressed in a development agreement. In order to preserve the through -traffic function of this major arterial roadway, comprehensive access management procedures must be applied. These access management features will require additional right-of-way to address right and left turn lanes into the propertAy, roadway improvements to accommodate large truck traffic, and joint access to the property. gain, these turn lanes and access management considerations should be addressed in a development agreement. (For additional information on the proposed Access Management plan for Ocoee - Apopka Road, see the attached map.) The above discussion is supported by the policies in the Ocoee Comprehensive Plan summarized below: Polio ( _1.6 in the Future Land Use Element: Control strip commercial development through access limitations. Policy 2.2.3 in the Transportation Element: Adopt access management ordinances to ensure access management control on roadways. policy 2.2.4 in the Transportation Element: Preserve needed right-of-way through funding by developer contributions. policy 3.1.3. in the Transportation _Element: Develop, support, and require access management strategies on arterial roadways, including limited/joint access medians and turn bays. Drainage The northwest ditch impacts this property on its western boundary. This drainage feature drains the area southeast of the West Orange Girl's Club and the Palm Springs and ione weKesubdivisions located southwest of this property. The ditch ows a north-sterly direction after leaving the subject property into the Lake Apopka basin. The northwest ditch is designated as "Con servation/Floodplains" on the City of Ocoee Future Land Use Map and the JPA Land Use map. The area within this ditch should remain in this classification and not be changed as a part of any land use map amendment. This drainage feature should be clearly delineated from the remainder of the property in order should to formulate a development agreement with the applicant. This development agreement restrict development within the delineated area except for the construction of drainage T. Milton West 606 Ocoee -Apopka Road Page 6 of 8 structures or other appropriate and necessary structures for the furtherance of the conservation and drainage purposes. The development agreement should also contain a City maintenance easement to insure the continued maintenance of this critical drainage facility. The City Engineer indicated that a 15- foot minimum maintenance easement dedicated on both sides of the northwest ditch would be needed by the City in order to properly maintain the ditch. Floodplain This property is impacted by the 1 00-year floodplain associated with the northwest ditch. This floodplain is also depicted on the JPA Land Use Map and Ocoee Future Land Use Map as "Conservation/Floodplains" land use. The floodplain like the drainage feature discussed above should be clearly delineated in order to prevent incompatible development degrading or constricting this natural feature, and the area should remain as a "Conservation/Floodplains" land use. (For additional information on the Floodplain area, see the attached map.) The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Policy 5.6 in,the Future Land Element: Requires developers to delineate conservation and floodplain lands on a site -by -site basis. As stated in the background information above, the potable water is available for the property, but sanitary sewer is not available. The applicant should be responsible for any costs associated with the extending and/or upgrading of the water and sewer lines to the property. All water and sewer improvements should be consistent with the City's utility master plans. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Policy 2.8 in the Future Land Use Element: Manage development when and where appropriate facilities to support it. Policy 5.3 in the Future Land Use Element: Requires central sewer for development . within and adjacent to wetlands or 1 00-year floodplain lands. The surrounding properties in the north Ocoee -Apopka Road area are within the Orange County -City of Ocoee Joint Planning Agreement Area. A majority of these properties have a Low Density Residential land use classification, This land use classification was jointly developed by Orange County and the City of Ocoee to reflect the current and proposed future residential character of this area. Currently, the City of Ocoee has approximately 100 acres of undeveloped, industrially- zoned properties. This annexation and requested land use change from Low Density Residential T. Milton West 606 Ocoee -Apopka Road Page 7 of 8 (Orange County) to Light Industrial (city of Ocoee) coupled with the initial zoning to Manufacturing & Warehousing (1-1) adds land to this over -zoned classification. Many of the uses permitted in the 1-1 zoning classification are also permitted in the General Commercial District (C-3) and Community Commercial (C-2) zoning classification that could allow for the conversion from industrial to commercial uses. The initial zoning of this property could set a precedent to zone more properties in the north Ocoee -Apopka Road area as industrial and commercial, increasing the current oversupply of land in these zoning classifications. Furthermore, the oversupply of industrial and commercial zoned land may reduce the overall value of existing industrial and commercial zoned land within the City. These lower land values could lessen incentive for developers to develop or redevelop industrial and commercial properties that are already appropriately zoned and possess adequate infrastructure. The applicant did not provide any market -based analysis indicating the economic need for the change in land use from Low Density Residential to Light Industrial and the subsequent zoning change to Manufacturing and Warehousing (1-1). If Low Density Residential land uses are annexed, zoned, and developed as industrial and commercial uses, the trend will also make it difficult for a residential developer to assemble the appropriate amount of land for high -quality, low -density residential development envisioned for the north Ocoee -Apopka Road area. If the vacant land is consumed by land uses other than the low -density residential, when higher -density residential development does occur it may be of lower quality and, as a result, lower the City's potential tax base. When commercial and industrial land uses "outbid" the low -density residential land uses, the resulting future businesses will not have the necessary residential customer base in close proximity to support them economically. Without the appropriate residential customer base, new business will also not locate in this area. This condition could cause further erosion of the economic viability of the north Ocoee -Apopka Road area and spread to other industrial and commercial land within the City. In other words, it is appropriate to maintain a balance between industrial/commercially zoned lands and residentially zoned lands so as not to adversely impact either "buyers" or "sellers". In summary the small-scale comprehensive plan amendment and the initial zoning are not consistent with the adopted Ocoee Future Land Use Map or the JPA Land Use Map. The proposed development is also lacks sanitary sewer service, adequate transportation facilities, and lastly, does not provide evidence of economic need for the proposed change. 7,fflvw��� The Mayor and City Commissioners recently approved funding for the "Northwest Sector Plan" in recognition of the development pressure within Northwest Ocoee to change land uses from lower density residential to more intense non-residential uses. This sector plan will examine existing land uses in the area and the proposed changes from low - density residential development to more intense non-residential uses and increased residential density. it will also assess infrastructure deficiencies with particular emphasis on roadways and sanitary sewer service, provide an analysis of the market demand for non-residential uses, and identify funding sources for the needed infrastructure. T. Milton West 606 Ocoee -Apopka Road Page 8 of 8 The purpose of the Northwest Sector Plan will be to prepare a comprehensive market -based assessment of alternative land uses in order to define an economically -viable, preferred land use scenario and to determine financially feasible funding sources for the provision of public facilities. &ECOMMENDATION: Staff recognizes three options in consideration of this annexation, the small scal comprehensive plan amendment changing the future land use classifications from Low Densi Residential to Light Industrial including the JPA Agreement amendment, and the proposed initi zoning classification change to Restricted Manufacturing & Warehousing (1-1). In order of S preference, these three options are as follows: I option 1: The denial of the complete application package including the annexation, the small scale comprehensive plan amendment changing ' the future land use classification from Low Density Residential to Light Industrial including the JPA Agreement amendment, and proposed initial zoning classification of Restricted Manufacturing & Warehousing (1-1) based on the inconsistency and incompatibility of the land use and zoning on the existing and future land uses in the area and the lack of adequate sanitary sewer and roadways as outlined discussion above. gption 2: The postponement through a continuance of the complete application package recognizing the incompatibility and inconsistency, but the reconsideration of the package at such time when the Northwest Sector Plan produces a clear vision of the preferred, economically -viable land use development scenario with financially feasible funding sources for the known infrastructure deficiencies outlined above. The Northwest Sector Plan would provide the basis for a comprehensive approach to the development pressures in the area as opposed to a piecemeal/incremental approach to land use changes such as proposed in this application. option 3: The approval of the complete application package, except for the "Conservation/Floodplains" land use classification, contingent on the execution of a development agreement that mitigates some of the adverse impacts of the proposed application package. This option, however, sets the precedent for piecemeal/incremental consideration and approval of changes in the northwest area as opposed to the more comprehensive approach of Option 2. (For the parcel specific limitations and mitigation requirement, see the draft development agreement attached) Attachments: Public Hearing Notice Location Map Future Land Use Map Zoning Map Floodplain Map Ocoee -Apopka Road Proposed Access Management Plan Map West Properties Access Management Plan Map Draft Development Agreement Mawr Stxrti V,111(lor-rirt City _N1,11-181-1—lor Jim Gleason - -,Vey Of Goorl r _. STAFF REPORT To: The Planning and Zoning Commission From: Terry L. James, AICP J W Principal Planner -Planning Division Through: Russ Wagner, AICP Community Development Director Date: October 8, 2003 Subject: T. Milton West 850 Ocoee -Apopka Road (Coil) , �o Till, Or's Danny 1-IoNvell, District I Scott Ander�on, District 2 Rust' Johnson, District :1 Nane,N- J, Pirkor. District 4 AX-03-04-06 Annexation & Initial Zoning SSCPA-03-006 Small Scale Comprehensive Plan Amendme JPA-03-006 joint Planning Agreement (JPA) Amendment Development Agreement I ISSUE Should the Planning & Zoning Commission recommnd approval of the annexation & initial zoning, small-scale comprehensive plan amendment, the JPA Amendment, and Development Agreement for the above referenced property? General Location: The property is located at 850 Ocoee -Apopka Road (County Road 437) in unincorporated Orange County on the west side of roadway approximately Y, mile north of the Ocoee Apopka Road/Silver Star Road intersection. Parcel Identif icaligD_L 07-22-28-0000-00-021 Property Size: 9.4 acres +/- Actu;�l land use, 1 11 v UU011m e trees. The proposed developmer& subject proppay: The property is vacant with some pin ric plans are unknown at this time. There are no unique features on the property such as histo or archeological sites. The subject property is designated Low Density Residential" and "Conservation/Floodplains" on the Ocoee Future Land Use and Joint Planning Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning classification of Restricted Manufacturing &Warehousing (1-1). This request is inconsis with the Ocoee Comprehensivt Plan Future Land Use Map and the associated JPi Land Use Map. City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 - fax: (407) 656-8504 . www.ci.ocoee.fl.Us a T. Milton West 850 Ocoee -Apopka Road Page 2 of 8 Future land use & reguested initial zoning classification of the subject _pro �ert : CLASSIFICATION/JURISDICTION: city of Ocoee/Light Industrial Orange County/Low Future -Land use I t ct rResid:e:n:tiaI C ed u Ocoee/Restricted Orange County/citrus Rural City of Oco I e I Zoning Manufacturing &Warehousing Current future land use and z_o su�rround�lnro �ertie�s: n:tn �class�ificatio�nsof _the IEast - East ffmt• . • LAND USE -[owDensit Residen i Low Density Residenti Cow -Density Residenti Low Density Resident Cou s Rural s Rural s Rural s Rural The subject property is located on the west side of Ocoee -Apopka Road (County Road 437) approximately Y2mile north of the Ocoee -Apopka Road and Silver Star Road intersection. Ocoee -Apopka Road is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service of 11F. The Ocoee -Apopka Road segment from Fullers Cross Road to McCormick Road is already operating at level of service "F. According to the Ocoee Comprehensive Plan (Figure 11 b), this roadway will become a 4-lane facility by 2020; however, there is no specific funding source from Orange County for these future roadway improvements. Given the recent, defeat of the Orange County sponsored Mobility 20/20; it is unlikely that this roadway will be widened without considerable financial support from the City of Ocoee. The current Average Daily Traffic (ADT) on Ocoee -Apopka Road/County Road 437 is as follows: FROM TO LANES ADOPTED ADOPTED 003 Volumes: _VOL UMEI {CAPACITY LOS PERFORMANCE LOS LOS NUMERIC EXISTING RESERVED FROM RATIO STANDARD CAPACITY &VESTED APPROVED STANDARD DEVELOPMENT 2 E 19,400 5,975 4,470 10,4 0.54 A W8/Silver Fuller's Star Rd. Cross Rd. E 19,400 9 46 10,6 1,03* F Iler's Cross McCormick 2 Rd. Rd. Drainage: The City —maintained drainage feature known as the "northwest ditch", impacts the subject property in the following manner: rNMEOMEM ME .0 a # • �?Jgeleqi V, T. Milton West 850 Ocoee -Apopka Road Page 3 of 8 Floodplain: The portions of the subject property also appear to be within the 100-year floodplain as shown on the Flood Insurance Rate Map (FIRM) # 12095CO210E, dated 12-6-00: PAjUNKIR11 M M!T41 ; 0 ■ 1111.*191:1=4 , I;Fml Southern Potable water is available for this site; sanitary sewer is not. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. DISCUSSION: ANNEXATION & THE JOINT PLANNING AGREEMENT Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. Annexation of the property at 850 Ocoee -Apopka alone will create an enclave unless the two properties to the south located at 531 and 606 Ocoee -Apopka Road (PIN: 07-22-28-0000-00-019 and 18-22-28-0000-00-001, respectively) are annexed to join 850 Ocoee -Apopka Road with the existing the City boundary. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will require a small-scale comprehensive plan amendment according to Subsection 8-B of the JPA Agreement since the proposed future land use classification is not consistent with the JPA Land Use Map. The City has complied with the annexation provisions contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee -Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Annexation Feasibility & Public Facilities Analysis Report: As a requirement of the JPA agreement, the City is required to perform a feasibility analysis as a component of the annexation procedure. Based upon the projected impacts of the proposed light industrial use, the location, and the size of the property, Staff determined that the City cannot provide the full range of urban services. In this case, sanitary sewer is not available and there are no plans to extend this line at this time. Comprehensive Plan: The proposed annexation of the subject property is partially consistent with the Future Land Use Element Policy 2.5 governing annexations that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." The subject property is a voluntary annexation and is a logical extension of the existing City limits; however, if the property at 850 Ocoee -Apopka Road is annexed alone, it will create an T. Milton West 850 Ocoee -Apopka Road Page 4 of 8 enclave. The two properties to the south at 531 and 606 Ocoee -Apopka Road must be annexed to avoid creating an enclave by joining 850 Ocoee -Apopka Road with the existing City boundaries. As discussed in the Annexation Feasibility & Public Facilities Analysis Report above, the City cannot provide all services (in this case, sanitary sewer). Additionally, the proposed Light Industrial future land use classification is not consistent with the Future Land Use Map or the JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail below. Assessed Valuation: The 2002 assessed valuation is $126,946. Annexation & InitialHold Harmless Agreement: The application package contains the agreement. In summary, the proposed annexation is logical extension of the City limits; however, the annexation of the property at 850 Ocoee -Apopka Road alone will create an enclave unless the properties located to the south at 531 and 606 Ocoee -Apopka Road are annexed to join 850 Ocoee -Apopka Road with the existing City boundary. All urban services, in this case sanitary sewer, cannot be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report; therefore, the annexation does not meet all the requirements of the Future Land Use Policy 2.5 governing annexations as discussed above. Otherwise, the annexation meets state regulations and intergovernmental coordination agreements (the JPA Agreement) with the exceptions noted in the discussion above. 11SCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONIN(C� The proposed Light Industrial future land use classification for this Subject property is not consistent the City of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to change the Future Land Use/JPA Land Use Map Classification from Low Density Residential to Light Industrial. After this amendment to the Comprehensive Plan, the applicant can then request the initial zoning classification of Restricted Manufacturing & Warehousing (1-1) while maintaining the consistency required between future land use classifications and zoning classifications. The proposed small-scale comprehensive plan amendment and initial zoning is discussed in greater detail below. Transportation Although sections of the Ocoee -Apopka Road are operating above the adopted level of service, the accuracy of future traffic projections on this roadway may grossly understate future traffic volumes when considering the growth in development and population in the northwest portion of the City. As stated earlier, this roadway will not be improved as needed without the financial support from the City of Ocoee. Past evelopment practices and City policy would, in turn, require the developers that will benedfit from the Ocoee -Apopka Road improvements to participate in the funding these roadway improvements. The Ocoee Crown Point mixed -use devloments will include an elemenry and high school, and recreation amenities that will furthereenphance the attractiveness of thtias area as evidenced T. Milton West 850 Ocoee -Apopka Road Page 5 of 8 by the on -going and proposed development such as Westyn Bay (512 lots), Westyn Bay Townhomes (172 lots), Forestbrooke (362 lots), Eagles Landing (97 lots), McCormick Woods (272 lots) and the Wine's property (100 lots). In spite of the opening of the Western Beltway/SR429 limited access, toll facility, Ocoee -Apopka Road will remain the major arterial for the movement of local north -south traffic connecting these homes with the major shopping areas to the south and, in turn, connecting other Ocoee residents to the new amenities such as the schools and parks in the northwest portion of the City. As indicated above, the Ocoee -Apopka Road is planned for future widening to a 4-lane facility with a 120-foot right-of-way. In keeping with past practices and policy the applicant should be required to donate 60 feet from the roadway centerline for right-of-way. This will allow for preservation of adequate land for the possible future widening construction. This dedication should be addressed in a development agreement. In order to preserve the through -traffic function of this major arterial roadway, comprehensive access management procedures must be applied. These access management features will require additional right-of-way to address right and left turn lanes into the property, roadway improvements to accommodate large truck traffic, and joint access to the property. Again, these turn lanes and access management considerations should be addressed in a development agreement. (For additional information on the proposed Access Management plan for Ocoee - Apopka Road, see the attached map.) The above discussion is supported by the policies in the Ocoee Comprehensive Plan summarized below: policy 1.6 in, the Future Land Use. Element: Control strip commercial development through access limitations. Policy 2.2.3,in the Transportation Element: Adopt access management ordinances to ensure access management control on roadways. Policy 2.2.4 in the Transportation _Element: Preserve needed right-of-way through funding by developer contributions. • Policy 3.1.3. in the Transportation Element: Develop, support, and require access management strategies on arterial roadways, including limited/joint access medians and turn bays. Drainage The northwest ditch impacts this property on its western boundary. This drainage feature drains the area southeast of the West Orange Girl's Club and the Palm Springs and Pioneer Key subdivisions located southwest of this property. The ditch flows in a north -northwesterly direction after leaving the subject property into the Lake Apopka basin. The northwest ditch is designated as "Conservation/Floodplains" on the City of Ocoee Future Land Use Map and the JPA Land Use Map, The area within this ditch should remain in this classification and not be changed as part of any land use amendment. This drainage feature should be clearly delineated from the remainder of the property in order to formulate a development agreement with the applicant. This development agreement should restrict development within the delineated area except for the construction of drainage T. Milton West 850 Ocoee -Apopka Road Page 6 of 8 structures or other appropriate and necessary structures for the furtherance of the conservation and drainage purposes. The development agreement should also contain a City maintenance easement to insure the continued maintenance of this critical drainage facility. The City Engineer indicated that a 15- foot minimum maintenance easement dedicated on both sides of the northwest ditch would be needed by the City in order to properly maintain the ditch. Floodplain This property is impacted by the I 00-year floodplain associated with the northwest ditch. This floodplain is also depicted on the JPA Land Use Map and Ocoee Future Land Use Map as "Conservation/Floodplains" land use. The floodplain like the drainage feature discussed above should be clearly delineated in order to prevent incompatible development degrading or constricting this natural feature, and the area should remain as "Conservation/Flood plains" land use. (For additional information on the Floodplain area, see the attached map.) The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Polio y 5.6 in the Future Land Element: Requires developers to delineate conservation and floodplain lands on, a site -by -site basis. As stated in the background information above, the potable water is available for the property, but sanitary sewer is not available. The applicant should be responsible for any costs associated with the extending and/or upgrading of the water and sewer lines to the property. All water and sewer improvements should be consistent with the City's utility master plans. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Polio y 2.8.,in the Future.. Land Use Element: Manage development when and where appropriate facilities to support it. Polio y 5.3.,in the Future Land Use Element: Requires central sewer for development within and adjacent to wetlands or 1 00-year floodplain lands. Land Use The surrounding properties in the north Ocoee -Apopka Road area are within the Orange County -City of Ocoee Joint Planning Agreement Area. A majority of these properties have Low Density Residential land use classification. This land use classification was jointly developed by Orange County and the City of Ocoee to reflect the current and proposed future residential character of this area. Currently, the City of Ocoee has approximately 100 acres of undeveloped, industrially- zoned properties. This annexation and requested land use change from Low Density Residential T. Milton West 850 Ocoee -Apopka Road Page 7 of 8 (Orange County) to Light Industrial (City of Ocoee) coupled with the initial zoning to Manufacturing &Warehousing (1-1) adds land to this over -zoned classification. Many of the uses permitted in the 1-1 zoning classification are also permitted in the General Commercial District (C-3) and Community Commercial (C-2) zoning classification that could allow for the conversion from industrial to commercial uses. The initial zoning of this property could set a precedent to zone more properties in the north Ocoee -Apopka Road area as industrial and commercial increasing the current oversupply of land in these zoning classifications. Furthermore, the oversupply of industrial and commercial zoned land may reduce the overall value of existing industrial and commercial zoned land within the City. These lower land values could lessen incentive for developers to develop or redevelop industrial and commercial properties that are already appropriately zoned and possess adequate infrastructure. The applicant did not provide any market -based analysis indicating the economic need for the change in land use from Low Density Residential to Light Industrial and the subsequent zoning change to Manufacturing and Warehousing (1-1). - If Low Density Residential land uses are annexed, zoned, and developed as industrial and commercial uses, the trend will also make it difficult for a residential developer to assemble the appropriate amount of land for high -quality, low -density residential development envisioned for the north Ocoee -Apopka Road area. If the vacant land is consumed by land uses other than the low -density residential, when higher -density residential development does occur it may be of lower quality and, as a result, lower the City's potential tax base. When commercial and industrial land uses "outbid" the low -density residential land uses, the resulting future businesses will not have the necessary residential customer base in close proximity to support them economically. Without the appropriate residential customer base, new business will also not locate in this area. This condition could cause further erosion of the economic viability of the north Ocoee -Apopka Road area and spread to other industrial and commercial land within the City. In other words, it is appropriate to maintain a balance between industrial/commercially zoned lands and residentially zoned lands so as not to adversely affect either "buyers" or "sellers". Accordingly, the requested changes are believed to be premature until a more definite pattern of development is exhibited in this area and adequate infrastructure is provided. In summary, the small-scale comprehensive plan amendment and the initial zoning are not consistent with the adopted Ocoee Future Land Use Map or the JPA Land Use Map. The proposed development is also lacks sanitary sewer service, adequate transportation facilities, and lastly, does not provide evidence of economic need for the proposed change. The Mayor and City Commissioners recently approved funding for the "Northwest Sector Plan" in recognition of the development pressure within Northwest Ocoee to change land uses from lower density residential to more intense non-residential uses. This sector plan will examine existing land uses in the area and the proposed changes from low - density residential development to more intense non-residential uses and increased residential density. it will also assess infrastructure deficiencies with particular emphasis on roadways and T. Milton West 850 Ocoee -Apopka Road Page 8 of 8 sanitary sewer service, provide an analysis of the market demand for non-residential uses, and identify funding sources for the needed infrastructure. The purpose of the Northwest Sector Plan will be to prepare a comprehensive market -based assessment of alternative land uses in order to define an economically -viable, preferred land use scenario and to determine financially feasible funding sources for the provision of public facilities. Staff recognizes three options in consideration of this annexation, the small scale comprehensive plan amendment changing the future land use classification from Low Density Residential to Light Industrial including the JPA change, and the proposed initial zoning classification change to Restricted manufacturing & Warehousing In order of Staff preference these three options are as follows: option J.: The denial of the complete application package including the annexation, the small scale comprehensive plan amendment changing the future land use classification from Low Density Residential to Light Industrial including the JPA change, and proposed initial zoning classification of Restricted Manufacturing &Warehousing (1-1) based on the inconsistency and incompatibility of the land use and zoning on the existing and future land uses in the area and the lack of adequate sanitary sewer and roadways as outlined discussion above. Option : The postponement through a continuance of the complete application package recognizing the incompatibility and inconsistency, but the reconsideration of the package at such time when the Northwest Sector Plan produces a clear vision of the preferred, economically -viable land use development scenario with financially feasible funding sources for the known infrastructure deficiencies outlined above. The Northwest Sector Plan would provide the basis for a comprehensive approach to the development pressures in the area as opposed to a piecemeal/incremental approach to land use changes such as proposed in this application. Option 3: The approval of the complete application package, except for "Conservation/Floodplains" lands, contingent on the execution of a development agreement that mitigates some of the adverse impacts of the proposed application package. This option, however, sets the precedent for piecemeal/incremental consideration and approval of changes in the northwest area as opposed to the more comprehensive approach of Option 2. (For the parcel specific limitations and mitigation requirement, see the draft development agreement attached) Attachments: Public Hearing Notice Location Map Future Land Use Map Zoning Map Floodplain Map Ocoee -Apopka Road Proposed Access Management Plan Map West Properties Access Management Plan Map Draft Development Agreement Mawr s. Vander - rift Scott Vander -rift Jim Gleason STAFF REPORT I To: The Planning and Zoning Commission From: Terry L. James, AICP✓ Principal Planner -Planning Division Through: Russ Wagner, AICP Community Development Director late: October 8, 2003 Subject: T. Milton West 888 Ocoee -Apopka Road -commil-loner, Danny Howell, District I Scott .Anderson, District 2 p1t1stN-,Jolinson. DistrictI I -) Nancy J. Parker, District. 4 JPA-03-007 Joint Planning Agreement (JPA) Amendmen Development Agreement ISSUE Should the Planning & Zoning Commission recommend approval of the annexation & initial zoning, small-scale comprehensive plan amendment, the JPA Agreement amendment, and the Development Agreement for the above referenced property? General Locati : The property is located at 888 Ocoee -Apopka Road (County Road 437) in unincorporated Orange County on the west side of roadway approximately %mile north of the Ocoee Apopka Road/Silver Star Road intersection. fill of 1115 Property Size: 1.3 acres +/- Actual land use, proposed development plans, un.ique features, and plan consistency of the subject, property: The property has one occupied principal residential building. The proposed development plans are unknown at this time. There are no unique features on the property such as historic or archeological sites. The subject property is designated Low Density Residential" and "Conservation/Floodplains" on the Ocoee Future Land Use and Joint Planning Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning classification of Restricted Manufacturing & Warehousing (1-1). This request is inconsistent with the Ocoee Comprehensive Plan Future Land Use Map and the associated JPA Land Use Map. City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 phone: (407) 905-3100 - fax: (407) 656-8504 - www.docoeeftus T. Milton West 888 Ocoee -Apopka Road Page 2 of 8 Future land _use _&_requested initial zoning classification of the subject property: kTION/JURISDICTION: Use orange County/Low Oran ge Residential city of ocoee/Kestricteu Manufacturing &Warehousing (1-1) Current future land use and zoning classifications of the surrounding properti : Transportation: The subject property is located on the west side of Ocoee -Apopka Road (County Road 437) approximately 1/2mile north of the Ocoee -Apopka Road and Silver Star Road intersection Ocoee -Apopka Road is a major north -south arterial roadway, and is currently a 2-lane facility with an adopted level of service of "E". The Ocoee -Apopka Road segment from Fullers Cross Road to McCormick Road is already operating at level of service "17". According to the Ocoee Comprehensive Plan (Figure 11 b), this roadway will become a 4-lane facility by 2020; however, there is no specific funding source from Orange County for these future o dway imprvemhnts. Given the recent, defeat of the Orange County sponsored Mobility 20/20t is unlikely that t roadway will be widened without considerable financial support from the City of Ocoee. The current Average Daily Traffic (ADT) on Ocoee -Apopka Road/County Road 437 is as follows: FROM TO LANES ADOPTED ADOP ED LOS LOS NU IC 2003 VOIUMOS: EXISTING RESERVED F M TOTAL (CAPACITY PERFORMANCE STANDARD CAPACTY & VESTED APPROVED RATIO STANDARD DEVELOPMENT 4,410 10,445 054 A /Silver Fullers2 E 19,400 5,975 Star Rd. Cross Rd .......... 400 9,246 10,648 19,$94 1.03F Iler's Cross McCormick Rd. J R6 PEWRggg: The City —maintained drainage feature known as the "northwest ditch", impacts the subject property in the following manner: ADDR71ESS PROPERTY LOCATION IN RELATION TO THE ORTION OF THE PROPERTY IMPACTED zONWG NUMBER DRAINAGE FEATURE lg;q;' No 0 Southern boundary I A'/ r)'1_r)A_M I 888 -,,,,,.Apop]ka T. Milton West 888 Ocoee -Apopka Road Page 3 of 8 Flood The portions of the subject property also appear to be within the 100-year floodplain as shown on the Flood Insurance Rate Map (FIRM) # 12095CO210E, dated 12-6-00: RTOCATION IN PORTION OF THE NEXPNION -&INITIAL PROPEY L ZONINNUMBER RELATION TO THE PROPE GRTYIMPACTED FLOODIPLAIN Southern boundary__ Potable water is available for this site; sanitary sewer is not. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the South. DISCUSSION: ANNEXATION & THE JOINT PLANNING AGREEMENT Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non -circuitous territory so long as it does not create an enclave. Annexation of the property at 888 Ocoee -Apopka Road alone will create an enclave unless the two properties to the south located at 531 and 606 Ocoee - Apopka Road (PIN: 07-22-28-0000-00-019 and 18-22-28-0000-00-001, respectively) are annexed joining 888 Ocoee -Apopka Road with the City boundary. Joint Planning Area Agreement: The subject property is located within the Ocoee -Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will require a small-scale comprehensive plan amendment according to Subsection 8-B of the JPA Agreement since the proposed future land use classification is not consistent with the JPA Land Use Map. The City has complied with the annexation provisions contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee -Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Annexation Feasibility & Public Facilities Analysis Report: As a requirement of the JPA agreement, the City is required to perform a feasibility analysis as a component of the annexation procedure. Based upon the projected impacts of the proposed light industrial use, the location, and the size of the property, Staff determined that the City cannot provide the full range of urban services. In this case, sanitary sewer is not available, and there are no plans to extend this line at this time. Comprehensive Plan: The proposed annexation of the subject property is partially consistent with the Future Land Use Element Policy 2.5 governing annexations that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." T. Milton West 888 Ocoee -Apopka Road Page 4 of 8 The subject property is a voluntary annexation and is a logical extension of the existing City limits; however, if the property at 888 Ocoee -Apopka Road is annexed alone it will create an enclave. As discussed in the Annexation Feasibility & Public Facilities Analysis Report above, the City cannot provide all services (in this case, sanitary sewer). Additionally, the proposed Light Industrial future land use classification is not consistent with the Future Land Use Map or the JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail below. Assessed Valuation: The 2002 assessed valuation is $94,503. Annexation & Initial Hold Harmless Agreement: The application package contains the agreement. In summary, the proposed annexation is a logical extension of the City limits; however, an enclave will be created unless the two properties to the south at 606 and 531 Ocoee -Apopka Road are annexed with this property joining them to the City boundary. All urban services cannot be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report; therefore the annexation does not meet all the requirements of the Future Land Use Policy 2.5 governing annexations as discussed above. The annexation meets state regulations and intergovernmental coordination agreements (the JPA Agreement) with the exceptions noted in the discussion above. DISCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONING The proposed Light Industrial future land use classification for this subject property is not consistent the City Of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to change the Future Land Use/JPA Land Use Map Classification from Low Density Residential to Light Industrial. After this amendment to the Comprehensive Plan, the applicant can then request the initial zoning classification of Restricted Manufacturing & Warehousing (1-1) while maintaining the consistency required between future land use classifications and zoning classifications. The proposed small-scale comprehensive plan amendment and initial zoning is discussed in greater detail below. Transportation Although sections of the Ocoee -Apopka Road are operating above the adopted level of service the accuracy of future traffic projections on this roadway may grossly understate future traffi volumes when considering the growth in development and population in the northwest portion the City. As stated earlier, this roadway will not be improved as needed without the financi support from the City of Ocoee. Past development practices and City policy would, in turn require the developers that will benefit from the Ocoee -Apopka Road improvements t 0 participate in the funding these roadway improvements. ni The Ocoee Crown Point mixed -use developments will include an elementary and high schoo and recreation amenities that will further enhance the attractiveness of this area as evidence by the on -going and proposed development such as Westyn Bay (512 lots), Westyn B , Townhomes (172 lots), Forestbrooke (362 lots), Eagles Landing (97 lots), McCormick Woo T. Milton West 888 Ocoee -Apopka Road Page 5 of 8 (272 lots) and the Wine's property (100 lots). In spite of the opening of the Western Beltway/SR429 limited access, toll facility, Ocoee -Apopka Road will remain the major arterial for the movement of local north -south traffic connecting these homes with the major shopping areas to the south and, in turn, connecting other Ocoee residents to the new amenities such as the schools and parks in the northwest portion of the City. As indicated above, the Ocoee -Apopka Road is planned for future widening to a 4-lane facility with a 120-foot right-of-way. In keeping with past practices and policy the applicant should be required to donate 60 feet from the roadway centerline for right-of-way. This will allow for preservation of adequate land for the possible future widening construction. This dedication should be addressed in a development agreement. In order to preserve the through -traffic function of this major arterial roadway, comprehensive access management procedures must be applied. These access management features will require additional right-of-way to address right and left turn lanes into the property, roadway improvements to accommodate large truck traffic, and joint access to the property. Again, these turn lanes and access management considerations should be addressed in a development agreement. (For additional information on the proposed Access Management plan for Ocoee - Apopka Road, see the attached map.) The above discussion is supported by the policies in the Ocoee Comprehensive Plan summarized below: Folic 1.6 in the Future Land Use Element: Control strip commercial development through access limitations. Policy 2.2.3 in the Transportation Element: Adopt access management ordinances to ensure access management control on roadways. Policy 2.2.4in the Transportation Element: Preserve needed right-of-way through funding by developer contributions. • Policy 3.1.3., in the Transportation Eleme : Develop, support, and require access management strategies on arterial roadways, including limited/joint access medians and turn bays. Drainage The northwest ditch impacts this property on its western boundary. This drainage feature drains the area southeast of the West Orange Girl's Club and the Palm Springs and Pioneer Key subdivisions located southwest of this property. The ditch flows in a north -northwesterly direction after leaving the subject property into the Lake Apopka basin. The northwest ditch is designated as "Con servation/Floodplai ns" on the City of Ocoee Future Land Use Map and the JPA Land Use Map. The area within this ditch should remain in this classification and not be changed as part of any land use amendment. This drainage feature should be clearly delineated iomthdopformulate a development agreement with the appcant. This development agreement should restrict development withate he delieapdstructures or other appropand necessary structures for the furtherance of the conservation and drainage purposes. T. Milton West 888 Ocoee -Apopka Road Page 6 of 8 The development agreement should also contain a city maintenance easement to insure the continued maintenance of this critical drainage facility. The City Engineer indicated that a 15- foot minimum maintenance easement dedicated on both sides of the northwest ditch would be needed by the City in order to properly maintain the ditch. This property is impacted by the 100-year floodplain associated with the northwest ditch. This floodplain is also depicted on the JPA Land Use Map and Ocoee Future Land Use Map a "Con servation/Floodplains" land use. The floodplain like the drainage feature discussed abov should be clearly delineated in order to prevent incompatible development degrading constricting this natural feature and the area should remain as "Conservation/Floodplains" Ian use. (For additional information on the Floodplain area, see the attached map.) sive Plan summariz 4VW--6-t'#G A-orted bgA the [%olicy in the Ocoee Comprehen below: Policy 5.6 in the Future Land Element: Requires developers to delineate conservati and floodplain lands on a site -by -site basis. I As stated in the background information above, the potable water is available for the property, but sanitary sewer is not available. The applicant should be responsible for any costs associated with the extending and/or upgrading of the water and sewer lines to the property. All water and sewer improvements should be consistent with the City's utility master plans. The nearest sanitary sewer line is at the Silver Star and Ocoee -Apopka Road intersection approximately 3,000 feet to the south. The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized below: Policy 2.8 in the Future Land Use Element: Manage development when and where appropriate facilities to support it. •Policy 5.3 in the Future Land Use Element: Requires central sewer for development . within and adjacent to wetlands or 1 00-year floodplain lands. The surrounding properties in the north Ocoee -Apopka Road area are within the Orange County -City of Ocoee Joint Planning Agreement Area. A majority of these properties have Low Density Residential land use classification. This land use classification was jointly developed by Orange County and the City of Ocoee to reflect the current and proposed future residential character of this area. Currently, the City of Ocoee has approximately 100 acres of undeveloped, industrially- zone properties. This annexation and requested land use ge chanfrom Low Density Residential (Orange County) to Light Industrial (City of Ocoee) coupled with the initial zoning tt Manufacturing & Warehousing (1-1) adds land to this over -zoned classification. T. Milton West 888 Ocoee -Apopka Road Page 7 of 8 Many of the uses permitted in the 1-1 zoning classification are also permitted in the General Commercial District (C-3) and Community Commercial (C-2) zoning classification that could allow for the conversion from industrial to commercial uses. The initial -'zoning of this property could set a precedent to zone more properties in the north Ocoee -Apopka Road area as industrial and commercial increasing the current oversupply of land in these zoning classifications. Furthermore, the oversupply of industrial and commercial zoned land may reduce the overall value of existing industrial and commercial zoned land within the City. These lower land values could lessen incentive for developers to develop or redevelop industrial and commercial properties that are already appropriately zoned and possess adequate infrastructure. The applicant did not provide any market -based analysis indicating the economic need for the change in land use from Low Density Residential to Light Industrial and the subsequent zoning change to Manufacturing and Warehousing (1-1). If Low Density Residential land uses are annexed, zoned, and developed as industrial and commercial uses, the trend will also make it difficult for a residential developer to assemble the appropriate amount of land for high -quality, low -density residential development envisioned for the north Ocoee -Apopka Road area. If the vacant land is consumed by land uses other than the low -density residential, when higher -density residential development does occur it may be of lower quality and, as a result, lower the City potential tax base. When commercial and industrial land uses "outbid" the low -density residential land uses, the resulting future businesses will not have the necessary residential customer base in close proximity to support them economically. Without the appropriate residential customer base, new business will also not locate in this area. This condition could cause further erosion of the economic viability of the north Ocoee -Apopka Road area and spread to other industrial and commercial land within the City. In other words, it is appropriate to maintain a balance between industrial/commercially zoned lands and residentially zoned lands so as not to adversely affect either "buyers" or "sellers". Accordingly, the requested changes are believed to be premature until a more definite pattern of development is exhibited in this area and adequate infrastructure is provided. In summary, the small-scale comprehensive plan amendment and the initial zoning are not consistent with the adopted Ocoee Future Land Use Map or the JPA Land Use Map. The proposed development is also lacks sanitary sewer service, adequate transportation facilities, and lastly, does not provide evidence of economic need for the proposed change. The Mayor and City Commissioners recently approved funding for the "Northwest Sector Plan" in recognition of the development pressure within Northwest Ocoee to change land uses from lower density residential to more intense non-residential uses. This sector plan will examine existing land uses in the area and the proposed changes from low - density residential development to more intense non-residential uses and increased residential density. it will also assess infrastructure deficiencies with particular emphasis on roadways and sanitary sewer service, provide an analysis of the market demand for non-residential uses, and identify funding sources for the needed infrastructure. T. Milton West 888 Ocoee -Apopka Road Page 8 of 8 The purpose of the Northwest Sector Plan will be to prepare a comprehensive market -based assessment of alternative land uses in order to define an economically -viable, preferred land use scenario adodetermine financially feasible funding sources for the provision of public facilities. RECOMMENDATION: Staff recognizes three options in consideration of this annexation, the small scale comprehensive plan amendment changing the future land use classifications from Low Density #jUWjj I•reement amendment, and proposed the initial Ify pejTz JPA kj zoning classification change to Restricted Manutacturing preference these three options are as follows: Option 1: The denial of the complete application package including the annexation, the small s .. cale comprehensive plan amendment changing the future land use classification from Low Density Residential to Light Industrial including the JPA change, and proposed initial zoning classification of Restricted Manufacturing &Warehousing (1-1) based on the inconsistency and incompatibility of the land use and zoning on the existing and future land uses in the area and the lack of adequate sanitary sewer and roadways as outlined discussion above. Option 2: The postponement through a continuance of the complete application package recognizing the incompatibility and inconsistency, but the reconsideration of the package at such time when the Northwest Sector Plan produces a clear vision of the preferred, economically -viable land use development scenario with financially feasible funding sources for the known infrastructure deficiencies outlined above. The Northwest Sector Plan would provide the basis for a comprehensive approach to the development pressures in the area as opposed to a piecemeal/incremental approach to land use changes such as proposed in this application. Option .3: The approval of the complete application package, except for "Conservation/Floodplains" lands, contingent on the execution of a development agreement that mitigates some of the adverse impacts of the proposed application package. This option, however, sets the precedent for piecemeal/incremental consideration and approval of changes in the northwest area as opposed to the more comprehensive approach of Option 2. 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