HomeMy WebLinkAboutVI (A2) Ordinance No. 2000-19, Ocoee Church of the Nazarene, Annexation, Case No. AP-97-09-08 t Agenda 5-16-2000 ,
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VIA 2
Ocoee S.SCOTT VANDERGRIFT
•'- CITY OF OCOEE
,,� pr. COMT�IISSIONERS
._` 150 N.LAKESHORE DRIVE DANNY HOWELL
p SCOTT HOWE ON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
'rli- •'•°. 1 (407)656-2322 NANCY J.PARKER
Ot 044�. CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
DATE: April 14, 2000
TO: The Honorable Mayor and City Commissioners
FROM: Kirsten McGinnis, Senior Planner r
THROUGH: Russ Wagner, AICP, Director of Planning OP/
SUBJECT: Ocoee Church of the Nazarene Annexation (Case Number AP-97-09-08)
Ordinance Number 2000-19
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance 2000-19 to annex the subject
property?
BACKGROUND:
The subject property is located on the east side of Clarke Road, between White and Silver Star
Roads (refer to Ordinance 2000-19, Exhibit A). The 4.61± acre parcel is vacant. The subject
property is proposed to be developed as a church and life center, if the annexation is approved.
The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land
Use Map and Joint Planning Area Map. The applicant is requesting PUD, Planned Unit
Development District zoning.
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 since it reduces
the size of an existing enclave. The subject property is located within the Ocoee-Orange County
Joint Planning Area (JPA) and the Ocoee Utility Service Area. Since the property is within the
City's Service Area and contiguous to the City limits, the property is being considered for
annexation as outlined in the JPA Agreement. We have notified Orange County Planning Staff of
the Annexation Petition and they have not formally objected. Staff finds the annexation consistent
with the JPA Agreement, state annexation criteria, and the standards established by the City.
Crk-
0 , , ,
Page 2
Honorable Mayor and City Commissioners
April 14, 2000
DISCUSSION:
Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon
the projected impact of a church and life center. The applicant/developer may be required to make
certain improvements before development approval is granted.
DEVELOPMENT REVIEW COMMITTEE:
On February 22, 2000, the Development Review Committee met to consider the Ocoee Church of
the Nazarene Annexation request. Staff unanimously recommended that the Planning and Zoning
Commission recommend approval of the requested annexation petition.
PLANNING AND ZONING MEETING:
On April 11, 2000, the Planning and Zoning Commission held a public to consider the Ocoee
Church of the Nazarene Annexation request. No one spoke in favor or opposition to the request.
The Planning and Zoning Commission unanimously recommended approval of the requested
annexation petition.
STAFF RECOMMENDATION:
Based on the recommendations of the Development Review Committee and the Planning and
Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners adopt
Ordinance Number 2000-19 approving the requested annexation for the Ocoee Church of the
Nazarene, Case Number AP-97-09-08.
Attachments: Ordinance Number 2000-19
Annexation and Feasibility Report
O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\2000CCSR\SR00041.doc
ORDINANCE NO. 2000-19
CASE NO. AP-97-09-08: OCOEE CHURCH OF THE NAZARENE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 4.61 ACRES LOCATED EAST
OF CLARKE ROAD, BETWEEN WHITE ROAD AND SILVER STAR ROAD,
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; 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 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 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
signature of the owner 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, which has been amended from time to time, (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, 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 owner
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
signature of the owner of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
SECTION 3. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT"A" and by this reference is made a part hereof.
SECTION 4. 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 "B" (METES AND BOUNDS LEGAL DESCRIPTION)ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 6. 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 , 2000
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR
(SEAL)
ADVERTISED: APRIL 27, 2000 AND
MAY 4, 2000
READ FIRST TIME: MAY 2, 2000
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 , 2000.
FOLEY & LARDNER
By:
City Attorney
\\POLICE_FIRE1\PLANNING\CALEXANDER\ALL_DATA\CAPDFILE\FORMS\2000 FORMS\FORMS00031.doc
EXHIBIT "A
Location Map
CITY OF OCOEE, FLORIDA
CHURCH OF NAZARENE ANNEXATION
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\DTION:
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I . . to ": i/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST -/= C=
�'i, RANGE 26 EAST, GRANGE COUNTY, FLORIDA, '-'. •A'O
W �!- r • "SD PARCEL CONVEYED TO THE CITY OF OCC=•
CL 0.CIO 50'--I (\J 0 .: . \THE SOUTH 1/2 OF THE NORTHWEST 1/L �* T:
' in O if) 0110N 15, TOWNSHIP 22 SOUTH, RANGE _7, =
PII In oo �n �-sD s FOLLOWS: '
•• H r In ''CTIOW 21, TOWNSHIP 22 SOUTH. =n:;= 2..
i �'� O IN U) Iri O If 1 \THE SOUTH LINE OF THE S0UT W.` ?i-
. _ CA p < p 0) l',r o `.,1632.66 FEET; THENCE L,tv. _
—x ` ) CJ p' U`i `'50.07 FEET TO THE ?1-
Ir. i'-, m m 1 U) 3 a RUN NORTHEASTERLY
`. . ,r. Ir 78AL ANGLE OF t1-4::.="_ A.•:
_ __ 'v� v,� =AI D A CHORD EE :N.�. C-
--- - -- —{ _�--- — \RUN NORTH L'
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SUU'2/I'05"I \rm. F. .:c..�
CLARK ROAD o r._-
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LEGAL DESCRIPTION:
THE SOUTH 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE SE 1/4 OF
SECTION 16 , TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA, LESS AND EXCEPT THE FOLLOWING 'DESCRIBED PARCEL
CONVEYED TO THE CITY OF OCOEE :
A STRIP OF LAND BEING A PORTION OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST, FOR A POINT OF REFERENCE; THENCE ALONG
THE SOUTH LINE OF THE SOUTHWEST,{QUARTER OF SAID SECTION 21, RUN
NORTH 89 DEGREES 50' 17" EASE, 1632 . 88 FEET; THENCE DEPARTING
SAID SOUTH LINE RUN NORTH 00 DEGREES 11' 9" WEST 1250 . 07 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE
RUN NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF
1241 . 00 FEET, A CENTRAL ANGLE OF 41 DEGREES 43 ' 09 " AN ARC
LENGTH OF 903 . 62 FEET, A CHORD LENGTH OF 883 . 79 FEET AND A
CHORD BEARING OF NORTH 20 DEGREES 40' 16" EAST TO THE POINT OF
TANGENCY; _THENCE RUN NORTH 41 DEGREES 31' 50" EAST, 59.1 . 82 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY;
THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A RADIUS
LENGTH OF 1241 . 00 FEET, A CENTRAL ANGLE OF 41 DEGREES 20' 59" AN
ARC LENGTH OF 895 . 61 FEET, A CHORD LENGHT OF 876 . 30 FEET AND A
CHORD BEARING OF NORTH 20 DEGREES 51' 20" EAST TO THE POINT OF
TANGENCY; THENCE RUN NORTH 00 DEGREES 10 ' 51" EAST, 2619 . 82 FEET
TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST
CORNER OF THE AFORESAID SOUTH ONE HALF; THENCE ALONG THE WEST
LINE OF SAID SOUTH_. ONE HALF CONTINUE NORTH 00 DEGREES 10 ' S1"
EAST 333 . 01 FEET TO THE NORTHWEST CORNER OF ,SAID SOUTH ONE
HALF; THENCE ALONG THE NORTH LINE OF SAID SOUTH ONE HALF, RUN
NORTH 89 DEGREES 41' 22" EAST, 50 . 00 FEET; THENCE RUN SOUTH 00
DEGREES 10 ' 51" WEST 101 . 96 FEET; THENCE RUN SOUTH 89 DEGREES
49' 09" EAST, 17 . 00 FEET; THENCE RUN SOUTH 00 DEGREES 10' 51"
WEST, 20 . 00 FEET; THENCE RUN NORTH 89 DEGREES 49' 09" WEST 17 . 00
FEET; THENCE RUN SOUTH 00 DEGREES 10' 51" WEST, 211 . 06 FEET TO
THE SOUTH LINE OF THE SAID SOUTH ONE HALF; THENCE ALONG SAID
SOUTH LINE, RUN SOUTH 89 DEGREES 41'49" WEST 50 . 00 FEET TO THE
POINT OF BEGINNING.
City of Ocoee ,
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Annexation and Feasibility -Analysis
Case Name & Number OCOEE CHURCH OF NAZARENE/AP 97 09 08
i',11:06.Wt*abti.i'aitSti:f8Xiii20:00:guilipidsismoioisigii!!ipl,11;gottigiii,lisagommiggeiniatin1111111101:021101111Miggiliiiillialiagiligaggis2131640
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.
1_ . ,PLANNING DEPARTMENT , ,. '.. Kirsten.McG�nnis,,,,
A. Applicant(s) Ocoee Church of Nazarene, J. Geron Rogers, Pastor
1209 Center Street, Ocoee, FL 34761
(407) 880-6175
B. Property Location The property is located on the east side Clarke Road, between White and
Silver Star Roads.
1. Parcel Identification Number: 16-22-28-0000-00-016
2. Street Address: 1975 Clarke Road
3. Size of Parcel(s): 4.61± acres
C. Use Characteristics
1. Existing Use: Vacant undeveloped land
2. Proposed Use: Church and Life Center
3. Density/ Intensity: 31,825 square feet
D. Zoning and Land Use
1. Orange County Future Land Use: LDR (Low Density Residential)
2. Orange County Zoning: R-1A
3. Proposed Ocoee Future Land Use: Low Density Residential(<4 DUA).
4. Proposed Ocoee Zoning: PUD-Church
E. Consistency
1. Joint Planning Area: yes •
2. Comprehensive Plan: yes
ill1;11EIFJREIDEPART,M,ENRIEARINliggitaliMiggilierRiMiltMfiggillarintREMMERSERIMMONOilleSttoOtildditit
1. Estimated Response Time: 5 minutes
2. Distance to Property: 1.5 miles
3. Fire Flow Requirements: Fire hydrants will be installed per City Code
I113' wPQL'!CE DEPARTMENT _ Chief Mark++
1. Police Patrol Zone: South
2. Estimated Response Time: 3-5 minutes
3. Distance to Property: 4 miles
1
\\police_firel\planning\kmcginnis\all_data\anx-rez\active\ocoee ch naz axpud\rafr.doc
ity of o coee
1 3
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Annexation and Feasibility Anal , sismitenn
, Case Name &Number: OCOEE CHURCH OF NAZARENE I AP 97 09 08
Date ,February 8 2000
1. Theoretical Assessed Value: $115,250.00(land)
2. Estimated City Ad Valorem Taxes: $0 (Church)
3. Anticipated Licenses & Permits: $8,3000.00
4. Potential Impact Fees: $57,000.00
5. Total Project Revenues: $65,300.00
V„ BUILDING DEPARTMENT„ N 3 '' ,;. „ ,.,Julian xHarper/,Don,Flppen,l,, ..'
1. Within the 100-year Flood Plain: no
Nlar
A. Potable Water
1. In Ocoee Service Area: yes
2. Can City Service Area: yes
3. Extension Needed: no .
4. Location and Size of Nearest Water Main: 12-inch,east side of Clarke Road
5. Developer Agreement Needed: yes
B. Sanitary Sewer
1. In Ocoee Service Area: yes
2. Can City Service Area: yes
3. Extension Needed: yes
4. Location and Size of Nearest Force Main: 16-inch,west side of Clarke Road
5. Developer Agreement Needed: yes
C. Other
1. Utility Easement Needed: yes
2. Private Lift Station Needed: yes
3. Well.Protection Area Needed: no
VII_ TRANSP,ORTATI'ON ,,P o :A.s, 'fit,e , 1'k ,. Brad Fne1
lIl
1. Paved Access: Yes, via Clarke Road.
2. Row Dedication: May be required as part of Developer Agreement.
3. Traffic Study: May be required when development approval is requested.
4. Traffic Zone: 232
5. Other acceleration and deceleration lanes
2'
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3
Ci }of Oco
y
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Annexation and FeasibilitytAnalysis
3
13 1.
r Case Name & Number OCOEE CHURCH OF°NAZARENE/AP97 09 08 r
..Date ,February 8,.2000 „ m`. . ,_ m z .. _.,_mwo..._ �..
3'S '
VIIL. PRELIMINARY CONCURREN liEVALUATION,,, '' _.... . x. .. Brad'Fnel ;
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
development approval process.
B. Parks / Recreation: N/A
C. Water/Sewer: At the time of the analysis, sufficient sewer and water capacity existed
to accommodate the proposed annexation. This condition may change
and will be subject to an official concurrency evaluation during the
development approval process. •
D. Stormwater: The applicant will be required to handle stormwater retention on-site.
E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity
existed to accommodate the proposed annexation. This condition may
change and will be subject to an official concurrency evaluation during
the development approval process.
F. Impact Fees: Actual impact fees will be calculated during the subdivision approval
process.
IX SITE SPECIFIC LSSUES Fz ,, , ; , .. 3 Departments
None.
All
3
\\police_firel\planning\kmcginnis\all_data\anx-rez\active\ocoee ch naz axpud\rafr.doc
Copy of Public Hearing Advertisement
Date Published
K-4 The Orlando Sentinel,Thursday,April 27,2000
Advertisement
•
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
• TO CONSIDER AN APPLICATION
FOR ANNEXATION
CASE NO.AP-97.09-08:
OCOEE CHURCH OF THE NAZARENE
ORDINANCE 2000-19
NOTICE IS HEREBY GIVEN,pursuant to Sections 166.041 and 171.044,Florida
Statutes,and Sections 1-10 and 5-9,Ocoee Land Development Code,that on Tues-
day,May 16,2000,at 7:15 p.m.,or as soon thereafter as practical,the OCOEE CITY
COMMISSION will hold a PUBUC HEARING at the City Commission Chambers,150
N.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 4.61 ACRES LOCATED EAST OF
CLARKE ROAD,BETWEEN WHITE ROAD AND SILVER STAR ROAD,PURSU-
ANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREE-
, MENT;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.
•
Set forth below Is a map showing the area proposed to be annexed. •
•
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The City Commission may continue the public hearing to other dates and times as it
deems necessary.Any Interested party shall be advised that the dates,times,and
places of any continuation of this or continued public hearings shall be announced
during the hearing and that no further notices regarding these matters will be pub-
lished.
A copy 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,Ocoee,Florida,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 decision made during the public hearing will•need a record of the pro-•
ceeding and for this purpose may need to ensure that a verbatim record of the pro-
ceeding is made which includes the testimony and evidence upon which the appeal
is based.Persons with disabilities needing assistance to participate in any of the
-proceedings should contact the City Clerk's Office 48 hours in advance of the meet-
ing at(407)656-2322.
•
JEAN GRAFTON,CITY CLERK
Thursday,April 27,2000 .
Thursday,May 4,2000
OLS3263640 - APR.27,MAY 4,2000