HomeMy WebLinkAboutItem 13 First Reading of Ordinance for Homes in Partnership – 330 13th Avenue Annexation and Rezoning; Project No(s): AX-08-17-67 & RZ-17-08-07 ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 4, 2019
Item # 13
Reviewed By:
Contact Name: Michael Rumer, City Planner Department Director:
Contact Number: (407) 905-3100 x1018 City Manager:
SUBJECT: Homes in Partnership Property—330 13th Ave.
Annexation and Rezoning
Project#AX-08-17-67 & RZ-17-08-07
Commission District# 1 — Larry Brinson, Sr.
BACKGROUND SUMMARY:
The subject property is located on the south side of 13th Avenue; 150 feet west of Peters Avenue. The parcel
contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to
receive city potable water connection.
The table below references the future land uses,jurisdiction, existing land uses, and zoning classifications of the
surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Low-Density Residential R-2 (Orange County) Single-Family
East Low-Density Residential R-2 (Orange County) Single-Family
South Low-Density Residential R-2 (Orange County) _ Single-Family
West Low-Density Residential R-2 (Orange County) Single-Family
ISSUE:
Should the Honorable Mayor and City Commission approve ordinances for the annexation of+1- 0.17 acres and
rezoning from "Orange County" R-2 (Low-Density Residential) to "City of Ocoee" R-1 (Low-Density Residential)
of the property known as Homes in Partnership located at 330 13th Ave.?
CONSISTENCY WITH STATE & 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 subject property will be considered contiguous to the City of Ocoee once the adjacent property
on the east, located at 340 13th Ave., is annexed into the City limits.
Rezoning: The parcel will receive an R-1 (Low-Density Residential) zoning upon annexation.
•
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, and the City's Annexation Policy...." [Emphasis added]. The
rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an
initial zoning after annexation, which is consistent with the Future Land Use Map."
DEVELOPMENT REVIEW COMMITTEE (DRC):
On April 2, 2019, the DRC met to determine if the proposed annexation and rezoning was consistent with the
City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend
approval of the annexation and rezoning for The Homes in Partnership Property located at 330 13th Avenue.
PLANNING AND ZONING COMMISSION:
The Planning &Zoning Commission reviewed the proposed annexation and rezoning on April 9, 2019. City Staff
presented a brief summary and overview of the requested actions. After finishing its deliberations, the Planning
and Zoning Commission acting as the Local Planning Agency voted unanimously to recommend approval of the
annexation of the +/-0.17 acre parcel of land known as the "Homes in Partnership Property— 330 13th Ave" with
an initial zoning classification of"R-1" (Low-Density Residential)
RECOMMENDATION:
Based on the feasibility report and recommendation of the DRC and P&Z Commission, Staff respectfully
recommends that the Honorable Mayor and City Commissioners approve the proposed Annexation and Rezoning
to R-1 "Single- Family Dwelling" of the property known as Homes in Partnership located at 330 13th Avenue.
ATTACHMENTS:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation Ordinance;
Rezoning Ordinance.
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept, Use:
x Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER:AX-08-17-67 & RZ-17-08-07
APPLICANT NAME: Homes in Partnership
PROJECT NAME: HOMES IN PARTNERSHIP PROPERTY-330 13TH AVE. (ANNEXATION AND REZONING)
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 Gregory Hines, Planner I
A. Applicant/Owner
1. Owner (if different from Applicant): Homes in Partnership, Inc.
B. Property Location
1. General Location: The subject property is located on the south side of 13th
Ave., west of Peters Ave.
2. Parcel Identification Number: 08-22-28-5956-10-031
3. Street Addresses: 330 13TH Ave
4. Size of Parcels: 0.17 Acres
C. Use Characteristics
1. Existing Use: Single- Family Dwelling
2. Proposed use: Single-Family Dwelling
3. Density/ Intensity: N/A
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County Future Land Use: Low Density Residential
2. Orange County Zoning: R-2
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: R-1
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time: 2-4 Minutes
2. Distance to Property: 2 Miles (Fire Station 38)
3. Fire Flow Requirements: N/A
III. POLICE DEPARTMENT Lt. Scott Nylander, Police
1. Police Patrol Zone/ Grid /Area: 5
2. Estimated Response Time: 7 mins
3. Distance to Property: 1.8 miles
3. Average Travel Time 7 mins
Page 1 of 3
Applicant Name:Homes in Partnership Inc
Project Name: Homes in Partnership Property—330 13th Ave.
Annexation&Rezoning
Case#:AX-08-17-67&RZ-17-08-07
IV. ECONOMIC VALUE Gregory Hines, Planner I
1. Property Appraiser Taxable Value: $160,000
2. Property Appraiser Just Value $160,000
3. Estimated City Ad Valorem Taxes: $880.00
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: N/A
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT Gregory Hines, Planner I
1. Within the 100-year Flood Plain: No (FIRM Map Number 12095CO210F)
VI. UTILITIES Milen Womack, City Engineer
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of East side of N Lakewood Ave
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No
3. Extension Needed: Yes
4. Location and Size of 12 Inch Force on N Lakewood Ave at Klinger Ct.
Nearest Force Main:
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: Yes, for Potable Water
2. Private Lift Station Needed: No
3. Well Protection Area Needed: No
VII. TRANSPORTATION Gregory Hines, Planner I
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 568
Page 2 of 3
Applicant Name:Homes in Partnership Inc
Project Name:Homes in Partnership Property—330 13th Ave.
Annexation&Rezoning
Case#:AX-08-17-67&RZ-17-08-07
VIII. PRELIMINARY CONCURRENCY EVALUATION Gregory Hines, Planner I
Currently, adequate transportation capacity exists.
A. Transportation:
Currently, adequate park/recreation capacity exists.
B. Parks/ Recreation:
Currently, adequate water/sewer capacity exists.
C. Water/Sewer:
N/A
D. Stormwater:
Currently, adequate solid waste capacity exists.
E. Solid Waste:
N/A
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE REGULATIONS: Gregory Hines, Planner I
This property is contiguous with the City Limits and will reduce the area of an enclave;
therefore, this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
Homes In Partnership Inc Property - 330 13th Ave
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ORDINANCE NO. 2019-019
(Annexation Ordinance for Homes in Partnership -330 13th Avenue)
TAX PARCEL ID: 08-22-28-5956-10-031
CASE NO. AX-08-17-67: Homes in Partnership—330 13th Avenue Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/-0.17 ACRES LOCATED ON THE SOUTH SIDE
OF 13th AVENUE, WEST SIDE OF PETERS AVENUE, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE;
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 of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission")to
annex approximately +/- 0.17 acres of property, as more particularly described in Exhibit "A"
attached hereto, 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 Land Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on April 9, 2019, the Planning and Zoning Commission of the City
of Ocoee, Florida, 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,
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. AUTHORITY. 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 C-7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. 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. ANNEXATION. 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" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. 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. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan, and the Ocoee City Code.
Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
Section 7. OFFICIAL MAPS. 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. LIABILITY. 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. SEVERABILITY. 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. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, the Chief
Administrative Officer of Orange County, Florida, and with the Florida Department of State
within seven (7) days from the effective date.
PASSED AND ADOPTED this day of , 2019.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2019
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE , 2019, UNDER AGENDA
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF ,2019
SHUFFIELD, LOWMAN& WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3, BLOCK 10, NORTH OCOEE ADDITION NO.1, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 0, PAGE 68, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA
EXHIBIT "B"
LOCATION MAP
12th Avenue
Little Aspen Court
13th Avenue
New Meadows Court
a.
Wurst Road
a�
0
Little Rock Court
15th Avenue \
Little Iris Court
ORDINANCE NO. 2019-020
(Rezoning Ordinance for Homes in Partnership -330 13th Avenue)
TAX PARCEL ID: 08-22-28-5956-10-031
CASE NO. RZ-17-08-07: Homes in Partnership—330 13th Avenue Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 TO
CITY OF OCOEE R-1 ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +1- 0.17 ACRES LOCATED ON THE SOUTH SIDE
OF 13th AVENUE, WEST SIDE OF PETERS AVENUE, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission")to rezone said real property(the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately +/- 0.17 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from "Orange County"R-2 to "City of Ocoee" R-1; and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No.
91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on April 9, 2019, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on June 4, 2019, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that
the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately +/- 0.17 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County" R-2 to "City of Ocoee" R-1. A map of said land herein described which clearly shows
the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part
hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. SEVERABILITY. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2019.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2019
READ FIRST TIME ,2019.
READ SECOND TIME AND ADOPTED
, 2019.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2019.
SHUFFIELD LOWMAN& WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3, BLOCK 10, NORTH OCOEE ADDITION NO.1, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 0, PAGE 68, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA
t .
EXHIBIT "B"
LOCATION MAP
12th Avenue
Little Aspen Court
13th Avenue
New Meadows Court
1-15
a
a
)
a)
Wurst Road
>
To,
Little Rock Court
m
15th Avenue
Little Iris Court
T I