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Home My WebLink AboutVI (A) 3.Ordinance No. 99-04, Dye Christiansen/Orange County Public Schools Annexation Case No. AR-98-10-12 • Agenda 1-05-99 Item VIA3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" NFAYOR•COMMI.SSIONER S.SCOTT VANDERGRIFT Ocoee CITY OF OCOEE COMMISSIONERS YHOWELL 4 imee,A �I SCOTT ANDERSON 1140/t211 • 150 N.LAKESHORE DRIVE SCOTT A.GLASS C OCOEE,FLORIDA 34761-2258 ?cs (407)656-2322 NANCY J.PARKER CITY MANAGER f4 CE 600 N` ELLIS SHAPIRO STAFF REPORT DATE: December 9, 1998 TO: The Planning and Zoning Commission FROM: Abra E. Home, AICP, Principal Planner , '� THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Ordinance No. 99-04: Dye/Christensen/Orange County Public Schools Annexation (Case Number AR-98-10-12) ISSUE: Should the Honorable Mayor and City Commissioners adopt Ordinance #99-04 annexing the above referenced property? BACKGROUND: The subject property is approximately 3,500 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The 26 acre parcel is vacant. The applicant has indicated that the property will eventually become a new Orange County Public Elementary School, if the annexation and rezoning are approved. The City of Ocoee will also use part of the property for a new Ocoee activity-based park. The subject property is designated Low Density Residential (< 4 d.u.a.) on the City's Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R-IAA, Single Family Dwelling District, which would be consistent with the above referenced land use designations. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria. The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA). Since the property is contiguous to the city limits and the abutting Vine property is also requesting annexation, the property is being considered for annexation as outlined in the JPA Agreement. OIL Staff Report to the Honorable Mayor and City Commissioners Subject: Ordinance No. 99-04: Dye/Christensen/ Orange County Public Schools Annexation December 9, 1998 Page 2 We have notified Orange County Planning Staff of the Annexation Petition and they have stated no objections. The requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a park and a school site. We have determined that the City can adequately provide a full range of urban services to the subject property. It should be noted that there are no existing potable water and wastewater lines nearby so the developer will need to extend and improve these facilities to service this property as part of development approval. These services will be provided by Orange County since the subject property is located within Orange County's utility service area. Typically, an Annexation agreement is required as part of the annexation approval process to address right-of-way and/or utility issues. In this case, there are no right-of-way and utility issues since this parcel is located outside of Ocoee's utility area and there are no abutting Ocoee roads. The property is not landlocked because there is access to Seventh Avenue, a dirt road, located in Orange County. Additionally, the City intends to create a new entrance that will ultimately connect the subject property to Gotha - Park Ridge Road. Accordingly, no Annexation Agreement will be required in conjunction with this annexation. The 1998 estimated value of the property is $490,000.00 for the vacant land but there would be no City of Ocoee ad valorem tax revenue since the property would have a tax-exempt status. Although the subject property would be tax exempt and would not generate taxes, the school and park are community uses that would serve the residents of Ocoee. Accordingly, staff considers annexation of this property feasible based upon the above considerations. DEVELOPMENT REVIEW COMMITTEE MEETING: On November 16, 1998, the Development Review Committee (DRC) met to consider the Dye/ Christensen/ Orange County Public Schools request. City Staff discussed the Annexation and Feasibility analysis. After a brief discussion, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation. PLANNING AND ZONING COMMISSION RECOMMENDATION: On December 8, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the requested annexation. A number of surrounding property owners attended the public hearing but no one wished to speak regarding the annexation of this property. After a brief discussion, the Planning and Zoning Commission voted unanimously to recommend that the Honorable Mayor and City Commissioners annex the property, as recommended by Staff. Staff Report to the Honorable Mayor and City Commissioners Subject: Ordinance No. 99-04: Dye/Christensen/Orange County Public Schools Annexation December 9, 1998 Page 3 STAFF RECOMMENDATION: Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number 99-04 approving the Annexation Petition submitted by Dye/ Christensen/ Orange County Public Schools in Case Number AR-98-10-12. Attachments: Ordinance Number 99-04 Annexation Feasibility&Public Facilities Analysis Location Map P:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98075.Doc ORDINANCE NO. 99-04 CASE NO.AR-98-10-12: DYE CHRISTENSEN/ORANGE COUNTY PUBLIC SCHOOLS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 26.08 ACRES LOCATED 3,500 FEET NORTHEAST OF THE INTERSECTION OF MAGUIRE ROAD AND GOTHA - PARK RIDGE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, 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; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; 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 Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and 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 Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and 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 Ocoee City Commission 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 Ocoee City Commission 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 Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, 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. 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. PASSED AND ADOPTED this day of , 1999 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED DECEMBER 3, 1998 ADVERTISED DECEMBER 10, 1998 READ FIRST TIME DECEMBER 15, 1998 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 , 1999. FOLEY & LARDNER By: City Attorney P:WHORNEWLL DATAWNX-REZWCTIVE\VINEBEAZERAR\DRAFTORDAX.DOC "Exhibit A" The East 1/2 of the Southeast 1/4 of the Southwest 1/4 and the East 322 feet of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4(LESS the North 15 feet), Section 32, Township 22 South, Range 28 East, Orange County, Florida together with; Beg 123.92 feet South of Northeast cor of Northwest 1/4 run South 56 Deg West 783.63 feet South 71.29 feet North 56 Deg East 783.09 feet North 71.59 feet to POB, Section 05 Township 23, Range 28, Orange County, Florida Exhibit "A" City of Ocoee, Florida Location Map - Orange County Public Schools Proposed Elementary School & Ocoee Park Site Etfiva . i EFj. _ _€y. ia �.1 49iRvt -} V`f 6.1,j4 M me $ i a) '..f , :to,, . s .:.,--,,,,,-,K.:;••,..,,,:....i _ r (Y =�zCIX • - <. :� � ,— 4, Subject Z 3 t Parcels :: ,� .. a , w ale _1 f-_-_---7 r\ Q o1 . I , � -..-1'- ._1__i__ , ;jam: -:.L Legend: Ocoee City Limits 1�! J PA Boundary Line - <•:::;: Lakes N Property Lines Exhibit "B" City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/09/98 Case Number: AR-98-10-12 Dye/Christensen - OCPS This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. Planning Department: Home A. Applicant(s): Jon Martin, Orange County Public Schools B. Property Location: 1. Parcel Id. No.: 32-22-28-0000-00-011 2. Street Address: None. 3. Legal Description: See Planning Department files for a legal description. 4. Directions: Approximately 3,500 feet northeast of the intersection of Maguire Road and Gotha Park Ridge Road. 5. Size: 26.07 +/- acres C. Use Characteristics: Vacant 1. Proposed Residential Units: none. 2. Projected Population: none. 3. Existing Use: Vacant. 4. Proposed Use: Elementary School and an Ocoee park site. D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: A-1, Citrus Rural District 2. Orange County FLU Designation: Rural/Agricultural (1 unit per 10 acres) 3. Requested City of Ocoee Zoning Classification: R-1AA, Single Family Dwelling District 4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 units per acre) 5. Consistent With: Comp Plan?? Yes. JPA?? Yes. 6. Comp Plan Amendment Required? No. When? N/A II. Fire Department: Chief Strosnider A. Estimated Response Time: Two to three minutes. B. Distance Traveled (to property): Less than one mile. C. Nearest Fire Hydrant: Adjacent to Cross Creek Subdivision. D. Fire Flow Requirements: The existing hydrant is not close enough. E. Comments: Fire hydrants will be required as part of the public building approval process. • - Page 1 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/09/98 Case Number: AR-98-10-12 Dye/Christensen - OCPS Ill. Police Department: Chief Mark A. Estimated Response Time: Five to ten minutes. B. Distance Traveled (to property): Three and a half miles. C. Police Patrol Zone: South. IV. Finances: Home A. Theoretical Assessed Value: $490,000.00 for land only B. Estimated City of Ocoee Ad Valorem Tax Revenue: None, the property will be tax-exempt. C. Anticipated Licenses & Permits: None. D. Total Projected Revenues: None. V. Utilities: Shira A. Potable Water Issues: 1. In Ocoee Service Area? No. This property is in Orange County Utility Area. The applicants must coordinate with Orange County to ensure that utilities are available. It is Staffs understanding that Orange County utilities are near enough for an extension. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? No. This property is in Orange County Utility Area. The applicants must coordinate with Orange County to ensure that utilities are available. It is Staffs understanding that Orange County utilities are near enough for an extension. C. Other Utility Issues: Shira 1. Utility Easement Needed? None. There is an existing drainage easement along the northern property line. 2. Private Lift Station Site Needed? Up to Orange County Utilities Division. 3. Well Protection Area Needed? None. 4. Other Comments: None. • - Page 2 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 12/09/98 Case Number: AR-98-10-12 Dye/Christensen - OCPS VI. Transportation: Friel A. Paved Access to Property? No. Describe: Moore Road and Gotha- Park Ridge Roads are the closest paved roads. Seventh Avenue, a dirt road, is the closest road and an entrance would be off of Seventh Avenue. B. ROW Dedication? N/A. C. Traffic Study: Possibly. D. Traffic Zone: 250. E. Other Traffic Improvements Needed: To be determined as part of the public building review and approval process. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the public building approval process. B. Parks/Recreation: The proposed Ocoee Park will add capacity. C. Sewer/Water Capacity: N/A. D. Stormwater: The applicant will be required to handle stormwater retention on-site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the public building approval process. F. Potential Impact Fees: N/A. G. Other Issues: None. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: N/A. B. Within 100 year flood plain: No. IX. Specify Other Comments & Considerations Below: P:WHORNEWLL_DATA ANX-REZ Active\DyeOCPSARWNF_Dye.doc • - Page 3 - ■ City of Ocoee, Florida Location Map - Orange County Public Schools Proposed Elementary School & Ocoee Park Site „e7 r �� T .. ` /� y , i R I{iiri i ry a) c - Moore Road . > Q C13 OfY > (Dr -,-,1 Subject 2 s Parcels _' i I i 1 I L— - 1 ; 1 r ', I i b� II o0 A Q� __ Fa�� I C I1 1 Legend: I Ocoee City Limits JPA Boundary Line S:.WtE: A % i I ' Lakes = 1000' N Property Lines The Orlando Sentinel, Thursday,December 3, 1998 • CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A PROPOSED ANNEXATION ORDINANCE CASE NO. AR-98-10-12: DYE/CHRISTENSEN/ORANGE COUNTY PUBLIC SCHOOLS NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 and 171.044,Florida Stat- utes,and Sections 1-10 and 5-9,Ocoee Land Development Code,that on Tuesday, January 5,1999 at 7:15 p.m.,or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City Commission Chambers,150 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 CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 28.08 ACRES LOCATED 3,200 FEET NORTHEAST OF THE INTERSECTION OF MAGUIRE ROAD AND GO- THA PARK RIDGE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS;FINDING SAID ANNEXATION TO BE CON- SISTENT WITH THE OCOEE COMPREHENSIVE PLAN,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;PROVIDING FOR SEVERABILITY;RE- PEALING INCONSISTENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE. Set forth below is a map showing the area proposed to be annexed: • r-...* •,r • 'i "..v Jt.. • I, , 4 Y C. .• w�kv,cf i.. •+ r �i '•.71 • • + 1' Y ' � tit. ,! .. .. Ing S., , $ LCLA41 r, ~ ry'•}r,f�, jz.:1-441.,•- ..•f ',•` Al.•r•e h1 r • .4,,, ,,,,,..,,„. . ,,„4.,...,.„,,,..... 7.. .,..N ti,;AK.4,1:-1 0§$11• r 13, 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 during the hearing and that no further notices regarding these matters will be published. A coy of the proposed Ordinance,including a complete legal description by metes and bounds,may be inspected at the Ocoee City Clerk's office, 150 North Lake- shore Drive,between the hours of 8:00 a.m.,and 5:00 p.m.,Monday through Friday, except legal holidays.Interested parties may appear at the meeting and be heard with respect to the proposed Ordinance.Any person who desires to appeal any de- cision made during the public hearing will need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based.Per- sons with disabilities needing assistance to participate on any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 656-2322. JEAN GRAFTON CITY CLERK CITY OF OCOEE Thursday December 3,10,1998 OLS2455932 Dec.3,10,1998 K-4 The Orlando Sentinel,Thursday,December 10,1998 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A PROPOSED ANNEXATION ORDINANCE CASE NO. AR-98-10-12: DYE/CHRISTENSEN/ORANGE COUNTY PUBLIC SCHOOLS NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 and 171.044,Florida Stat- utes,and Sections 1-10 and 5-9,Ocoee Land Development Code,that on Tuesday, January 5,1999 at 7:15 p.m.,or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City Commission Chambers,150 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 CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 26.08 ACRES LOCATED 3,200 FEET NORTHEAST OF THE INTERSECTION OF MAGUIRE ROAD AND GO- THA PARK RIDGE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS;FINDING SAID ANNEXATION TO BE CON- SISTENT WITH THE OCOEE COMPREHENSIVE PLAN 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;PROVIDING FOR SEVERABILITY;RE- PEALING INCONSISTENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE. Set forth below is a map showing the area proposed to be annexed: '•fit? '^` !5• :WS:43�� "r ". a•i' 4. : :�f:''.:' -.1, , . , c,,-,,...i,-,,- ....:.-...-, .-y.,.... -;...,-.4.:-.. If 12 'r►.-.1'..,•:`,..1;7i.::,...1114:4 .�.;r _ +1: t-. 11 .11' '.- Paq:W i � . . •'!.;;1,.'",......7..i....•. rAY.,., �M�• :w•. r�90' • try`i�. ,� -.I . 'I 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 during the hearing and that no further notices regarding these matters will be published. A coy of the proposed Ordinance,including a complete legal description by metes and bounds,may be Inspected at the Ocoee City Clerk's office,150 North Lake- shore Drive,between the hours of 8:00 a.m.,and 5:00 p.m.,Monday through Friday, except legal holidays.Interested parties may appear at the meeting and be heard with respect to the proposed Ordinance.Any person who desires to appeal any de- cision made during the public hearing will need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal Is based.Per- sons with disabilities needing assistance to participate on any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 656-2322. JEAN GRAFTON CITY CLERK CITY OF OCOEE Thursday December OLS2455932 Dec.3,10,1998