HomeMy WebLinkAboutVI (A1) First Reading of Ordinance No 95-10, Case No 94-08-06: Lewis Annexation t
AGENDA 4-4-95
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 1
OcoeQ
O tdis COMMISSIONERS
• '' CITY OF OCOEE RUSTY JOHNSON
+. ► a PAUL W.FOSTER
5
v 150 N.LAKESHORE DRIVE SCOTT A.GLASS
OCOEE,FLORIDA 34761-2258 JIM GLEASON
(407)656-2322
CITY MANAGER
E� Op G 001 •
` ELLIS SHAPIRO
STAFF REPORT
SRP-478
DATE: March 30, 1995
TO: The Honorable Mayor and City Commission
THROUGH: Russ Wagner, Director of Planning
FROM: Abra Dow, Planner OAP
SUBJECT: Marjorie Lewis Annexation; 904 Silver Star Road
CASE NO: AR-94-08-06
ISSUE:
Should the Honorable Mayor and City Commission approve the above application to annex the ±0.5 acre
Marjorie Lewis property located on the northeast corner of Silver Star Road and Woodson Avenue?
BACKGROUND:
The Lewis property contains a single family residence and is situated on the northeast corner of Silver Star Road
and Woodson Avenue. This area is characterized by older, single family development with some small
commercial businesses located approximately 850 feet to the east. The property is designated Low Density
Residential on the City Future Land Use Map, County Future Land Use Map, and Joint Planning Area Map.
The owner has requested an initial zoning classification of R-1A, Single Family Dwelling District, which would
be consistent with the above referenced maps.
The primary reason for annexation is the extension of potable water service to the residence. Staff has determined
that the City could provide this service.
Should the City decide to annex the property, it would represent a nominal fiscal impact. The 1994 assessed
value of the property is $62,126 but the taxable value is $36,626 due to exemptions. The estimated City of
Ocoee ad valorem tax revenue would be $146.50. The existing residence impacts the roadway network and the
City is already "first responder" for fire and emergency calls. The owner will continue to use her septic system
and does not expect to be connected to the City's sewer system. There will be added demand for water, police,
and solid waste services after annexation but it would be minimal. Accordingly, staff feels that if the property
is annexed the taxes generated by the property will sufficiently offset the need for services; therefore, annexation
of this property is feasible based upon these considerations.
The only level of service question which has arisen is adequate right-of-way. The City of Ocoee should secure
right-of-way along Silver Star Road and Woodson Avenue as indicated in the Annexation Public Facilities and
Services Analysis (attached). Both roads lack adequate right-of-way. A minimum of 120 feet of right-of-way
is required along arterial roads such as Silver Star and 60 feet of right-of-way is required for local roads such
as Woodson. It is unlikely that the property will be redeveloped soon; therefore, this may be the only opportunity
to secure the additional 20 feet of right-of-way along the north side of Silver Star and 10 feet along the east side
of Woodson Avenue.
SUBJECT: Marjorie Lewis Annexation; Case #AR-94-08-06
March 30, 1995
Page Two
With respect to State annexation criteria, §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. If annexed, the
Lewis property would reduce the size of the "Center Street Enclave." The Lewis property is compact, non-
circuitous, and contiguous to the City along roughly 139 feet of its southern property line; therefore, the
requested annexation is consistent with State criteria for annexation pursuant to Chapter 171 as well as the
standards established by the City and those in the JPA Agreement. Orange County has been notified of the
potential annexation of this property and stated in their September 23, 1994 letter that the County does not have
any objections.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At their meeting on March 29, 1995, the Planning & Zoning Commission found the proposed annexation to be
consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) Chapter 171,
Florida Statutes; and (4) the JPA Agreement. Accordingly, the Planning and Zoning Commission unanimously
recommended that the ±0.5 acre Marjorie Lewis property located on the northeast corner of Silver Star Road
and Woodson Avenue be annexed by the City Commission subject to the dedication of the necessary right-of-way
along Silver Star and Woodson as well as the execution of necessary developer agreements.
STAFF RECOMMENDATION:
The Development Review Committee(DRC)met on March 8, 1995, in compliance with City of Ocoee Resolution
#94-10, and recommended conditional approval of the above referenced annexation. Staff respectfully
recommends that the City Commission, upon finding the application in Case#AR-94-08-06 to be consistent with:
(1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the JPA Agreement,
APPROVE Ordinance #95-10 subject to the dedication of the necessary right-of-way along Silver Star and
Woodson as well as the execution of necessary developer agreements.
Attachments: Public Facilities and Services Analysis
Ordinance #95-10
Legal Desription (Exhibit A)
Location Map (Exhibit B)
File: MMO-SRP-478.bcc
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-06
Marjorie Lewis
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual
properties. Each department has filled in the appropriate section and the findings are summarized below.
I. Planning Department:
A. Applicant(s): Marjorie Lewis and Betty Ervine
Contact Phone#: (407) 656-0073
B. Property Location:
1. Parcel Id. No.: 17-22-28-8420-02-032
2. Street Address: 904 East Silver Star Road
3. Legal Description: Sunny Slopes, Block B, Lot 4 &the South 75' of Lot 3
4. Directions: Corner of Woodson Avenue & Silver Star Road
5. Size: + 0.5 acre
C. Proposed/Existing Use: Single Family Residence
1. Residential Units: one (1) dwelling
2. Projected Population: 1 - 3
3. Office or Professional: n/a
4. Commercial: n/a
5. Industrial: n/a
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: R-1, Single Family Residential District
2. Orange County FLU Designation: Low Density Residential (1-4 dua)
3. Requested City of Ocoee Zoning: R-1A, Single Family Dwelling District
4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 dua)
5. Consistent With: Comp Plan? yes ecce JPA? yes or-no-
6. Comp Plan Amendment Required? yes-Or no When? n/a
7. Comments: Applicants wish to connect to City water service.
II. Fire Department: Chief Strosnider
A. Estimated Response Time: 3 minutes
B. Distance Traveled (to property): 1.5 miles
C. Nearest Fire Hydrant (mark on map): First Street and Silver Star Road
D. Fire Flow Requirements (circle one): meets
E. Comments: As a result of an Agreement with Orange County,this property is already served for"first response"
by the City of Ocoee Fire Department.
• Page 1 •
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-06
Marjorie Lewis
III. Police Department: Chief Mark
A. Estimated Response Time: 3 - 5 minutes
B. Distance Traveled (to property): 1.5 miles
C. Police Patrol Zone: North
IV. Finances: Abra
A. 1994 Orange County Assessed Value: $36,626
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $146.50
C. Anticipated Licenses & Permits: $0.00
D. Total Projected Revenues: $146.50
V. Utilities: Jim/Ray
A. Potable Water Issues:
1. In Ocoee Service Area? yes erne
2. Distance to Nearest Line? adjacent to property
3. Size of Water Main? 6"
4. Est'd Water Demand? 300 gpd for single family residence
5. Can City Service this Property? yes Orae
6. Extension Needed? yes-er no (on-site only)
7. Developer Agreement Needed? yes-or no, unlikely
8. City Cannot Service Now or in the Future (check here):
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? yes erre
2. Distance to Nearest Line? none in area
3. Size of Sewer Main? n/a
4. Est'd Sewer Demand? 270 gpd for single family residence
5. Can City Service this Property? yes-er no
6. Extension Needed? yes erne
7. Developer Agreement Needed? yes erne If they want to be connected.
8. City Cannot Service Now or in the Future (check here): ✓unlikely
C. Other Utility Issues:
1. Utility Easement/ Private Lift Station Site / Well Protection Area Needed
2. Other Comments: none
• Page 2 •
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-06
Marjorie Lewis
VI. Transportation: Abra
A. Paved Access to Property? Yes er4144 Silver Star Road &Woodson Avenue
B. ROW Dedication? Les erne Specify: n/a 20' of ROW required on Silver Star Road and 10' of ROW
required on Woodson Avenue.
C. Traffic Study: not required for annexation
D. Traffic Zone: 271
E. Other Traffic Improvements Needed: none
VII. Building Department: Julian/Don
A. Anticipated Licenses & Permits: 0
B. Within 100 year flood plain: No
C. Potential Impact Fees: Minimal, if any fees, licenses, etc.
VIII. Preliminary Concurrency Evaluation: Janet - No concurrency issues
A. Transportation: existing/de minimis impact
B. Parks/Recreation: existing impact based upon location
C. Sewer/Water Capacity: adequate to serve additional water demand
D. Other Issues: Based upon its location,this property may continue to be subject to stormwater run-off
of uphill neighbors. It may be difficult to pick up garbage.
IX. Specify Other Comments & Considerations Below:
There is a 50 foot building setback from Silver Star Road. The Land Development Code requires that residential lots
which front on arterial roads have a minimum depth of 125 feet.
• Page 3 ■
ORDINANCE NO. 95-10
CASE NO. 94-08-06: LEWIS
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY
CONTAINING ± 0.5892 ACRES LOCATED ON THE NORTHEAST CORNER OF SILVER
STAR ROAD AND WOODSON AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY
CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION
TO THE CITY CLERK; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real
property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the
City Commission of the City of Ocoee, Florida ("the Ocoee City Commission") to annex said real
property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures
of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee,
Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the requirements
of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Chapter 180 of the Code of Ordinances
of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, the Joint Planning Area Agreement ("the JPA") between
Orange County and the City of Ocoee, in furtherance of settlement of litigation between the parties, was
executed.
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed
the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply
with all applicable requirements of the Ocoee City Code, to be consistent with the JPA, and to be in the
best interests of the City of Ocoee and has recommended to the Ocoee City Commission that it approve
said annexation petition;
WHEREAS, the Ocoee City Commission has the authority,pursuant to Section 171.044, Florida
Statutes, to annex said real property into its corporate limits upon petition of the owners of said real
property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary
lines of the City of Ocoee, Florida, to include said real property.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee, Florida has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171,
Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. The City Commission of the City of Ocoee, Florida, hereby finds that the petition
to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida,
bears the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida.
SECTION 3. The following described real property located in unincorporated Orange County,
Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 4. A map of said land herein described which clearly shows the annexed area is
attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 5. The City Commission of the City of Ocoee, Florida, hereby finds that the
annexation of said land is consistent with the Ocoee Comprehensive Plan and meets all of the
requirements for annexation set forth in the Ocoee Comprehensive Plan and Ocoee City Code.
SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined
to include said land herein described and annexed.
SECTION 7. The City Clerk is hereby authorized to update and supplement official City maps
of the City of Ocoee, Florida, to include said land herein described and annexed.
SECTION 8. The land herein described and future inhabitants of said land herein described shall
be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and
regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other
areas of the City of Ocoee, Florida.
SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 11. This ordinance shall take effect upon passage and adoption, and that thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit
court and the chief administrative officer of Orange County, Florida and with the Florida Department of
State within seven (7) days from the date of adoption of this Ordinance.
PASSED AND ADOPTED this day of , 1995.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED MARCH 26, 1995
ADVERTISED APRIL 2, 1995
READ FIRST TIME APRIL 4, 1995
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1995.
FOLEY and LARDNER
By:
City Attorney
PLAT OF SURVEY
DESCRIPTION
Lot 4 and the South 75.00 feet of Lot 3, less that part in
Silver Star Road, Block B, Sunny Slopes as Recorded in Flat
Book U, Page 99 of the Public Records of Orange County,
Florida. Described as:
Commence at the Southeast corner of the SW 1/4 of the NE 1/4 of Section 17,
Township 22 South, Range 28 East of Orange County, Florida; thence NO1'50'00"W
a distance of 40.02 feet; thence N90°00'00"W a distance of 84.25 feet to a
point on the North Right of Way line of Silver Star Road and to a point of
curvature of a curve concave Northeasterly, having a radius of 533.69 feet,
run thence Northwesterly along the arc of said curve, through acentral angle
of 08'40'17", a distance of 80.77 feet to the Point of Beginning also
being the Easterly line of said Lot 4 and to a point on curve concave
Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along
the arc of said curve, through a central angle of 15°22'14" , a distance of
143. 17 feet to a point on the East Right of Way line of Woodson Street; thence
N01'50'00"W along said East Right of Way line a distance of 163.92 feet
to the North line of the South 75.00 feet of said Lot 3; thence N88'26'00"E
along said North Lot line a distance of 135.61 feet; thence SO1'50'00"E a
distance of 207.85 feet to the Point of Beginning.
Contains 0.5892 acres or 25664 square feet more or less.
Exhibit A
Marjorie Lewis
Case # AR-94-08-06
904 Silver Star Road
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LEGEND: located on the northeast corner of Silver Star & Woodson Avenue
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City of Orange Subject
Ocoee County Property
Exhibit B
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PRO NO.95-10
NOTICE OF PUBLIC HEARING TO
CONSIDER ADOPTION OF PROPOSED
ANNEXATION ORDINANCES NO.95-10
CASE NO.AR-94-0808:LEWIS
CITY OF OCOEE
NOTICE IS HEREBY GIVEN
pursuant to Sections t66.041 and 171.044,Flonda Statutes,and Sections 1-10 and
5-9.Ocoee Land Development Code,that on Acnl 18.1995 at 7:30 p.m..or as soon
thereafter as practical.the OCOEE CITY COMMISSION will hold a PUBLIC HEAR-
ING at the City Commission Chambers. 160 North Lakeshore Drive,Ocoee,Florida
to consider on the second of two readings adoption of the following ordinance:
AN ORDINANCE OF THE CITY OF OCOEE.FLORIDA,ANNEXING INTO THE COR-
PORATE UMITS OF THE CITY OF OCOEE.FLORIDA.CERTAIN REAL PROPERTY
CONTAINING _3.5892 ACRES LOCATED ON THE NORTHEAST CORNER OF SIL-
! VER STAR ROAD AND WOODSON AVENUE.PURSUANT TO THE APPUCATION
i SUBMITTED BY THE PROPERTY OWNERS:FINDING SAID ANNEXATION TO BE
; CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY
CODE:PROVIDING FOR AN AUTHORIZING THE UPDATING OF OFFICIAL CITY
' MAPS:PROVIDING DIRECTION TO THE CITY CLERK;PROVIDING FOR SEVER-
ABILITY:PROVIDING FOR CONFLICT:PROVIDING FOR AN EFFECTIVE DATE
Set forth below is a map showing the area proposed to be annexed:
Marton Uwe Amexadon
Cie S AR-94-08-06
904 Saver Scar Read
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4,
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Fl l �� 4. elei ' =.. .
Center Street•I'
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M,w— =elf!
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•,f�� 39 a.NM_ °� aim
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o,� , !I:Xi 1' Silve t r Rid
Starke Lake �, id.'�! ^� 1_
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7 ......... .. .:;,.. jrire._,,
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!.Garro: northeast corner of Silver Star• Woodson
Wren
j illti�il
dna draw Said
acre Carer ~nowt
The City Commission may continue the public hearing to other dates and times as
they deem necessary.Any interested party shall be advised that the dates,times.
and places of any continuation of this or continued public hearings shall be an-
nounced dunng the hearing and that no further notices regardings these matters will
be published.
A copy of the ordinance.including a complete legal description by metes and
bounds,may be inspected at the Ocoee City Clerks Office.150 North Lakeshore
Drive,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,ex-
cept legal holidays.Interested parties may appear at the meeting and be heard with
respect to the proposed Ordinance.Any person who desires:o appeal any decision
made dunng the puolic hearing may need a record of the proceeding and for this
purpose will need to ensure that a verbatim record of the proceedings is made
wnich includes the testimony and evidence upon which the appeal is based.Per-
sonsi with disabilities needing assistance to participate in any of the proceedings
! should contact the City Clerks Office 48 hours in advance of the meeting at(407)
656-2322.
JEAN GRAFTON,
CITY CLERK
CITY OF OCOEE
OLS249756 MAR.26:APR.21995