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Home My WebLink AboutVI (A1) Second Reading of Ordinance No. 99-39, Lake Johio Annexation, Case No. AR-98-11-13 Agenda 12-21-99 Item VI AI "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MA,OK.,,v..,..,,,,,.,,..:,. Ocoee S.SCOTT VANDERORIFT I O\ �y o CITY OF OCOEE CommiSSiONERS HOW 1v., - DANNY HOWELL Q ISO N. LAKESHORE DRIVE SCOFF ANDERSON OCOEE,FLORIDA 34761-2258 o RUSTY IOHNSON `•1i (407)656-2322 - NANCY J.PARKER *Of GOO CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: November 29, 1999 TO: The Honorable Mayor and City Commissionersr1rA' FROM: Kirsten McGinnis, Senior Planner V' THROUGH: Russ Wagner, AICP, Director of Planning 4i4,.. ,ea/. SUBJECT: Ordinance Number 99-39: Lake Johio Annexation (Case Number AR-98-11-13) ISSUE: Should the Honorable Mayor and City Commissioners adopt Ordinance Number 99-39 to annex the subject property described in the above referenced application? BACKGROUND: The subject property is located approximately 450 feet north of the Silver Star/Clarke Road intersection, east of Clarke Road. The 17.86± acre parcel contains three single family homes, pasture and associated barns. Annexation of the subject property would eliminate an existing enclave. The property is proposed for development as a single family subdivision. 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 has requested an Ocoee zoning classification of,R-1A for Parcel 1 and R-1AAA for Parcel 2, Single Family Dwelling District, which would be consistent with the above referenced land use designation and character of the area (refer to Ordinance Number 99-39, Exhibit B). 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) 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 no objections. The requested annexation is consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. POWWWWWWWWWWt Protect ticuee's Water Resources t}, /. The Honorable Mayor and City Commissioners Page 2 November 29, 1999 DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a single family subdivision. We have determined that the City can adequately provide a full range of urban services to the subject property, pending certain infrastructure improvements. As with all new developments in Ocoee, the developer may be required to make certain improvements before subdivision approval, as appropriate. PLANNING AND ZONING COMMISSION: On November 9, 1999, the Planning and Zoning Commission held a public hearing to consider the Lake Johio Annexation request. The applicant was present for the public hearing. No one spoke in favor or opposition to the request. However, one citizen appeared before the Planing and Zoning Commission seeking clarification regarding the intended use of the property. After discussing a few general issues regarding the proposed annexation request, the Planning and Zoning Commission unanimously recommended approval of the requested annexation petition. STAFF RECOMMENDATION: Based on the foregoing analysis, Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number 99-39 to approve the requested annexation (Case Number AR-98-11-13). Attachments: Ordinance Number 99-39 Annexation Feasibility& Public Facilities Analysis O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR99068.doc ORDINANCE NO. 99-39 CASE NO. AR-98-11-13: LAKE JOHIO AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 17.86 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD, APPROXIMATELY 450 FEET NORTH OF THE INTERSECTION OF SILVER STAR AND CLARKE ROADS, 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 ORDINANCE NO. 99- 39. 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 2, 1999; AND DECEMBER 9, 1999 READ FIRST TIME: DECEMBER 7, 1999 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 o.wMcGINNlSwl4DATAww-AEZwcTIvEuu,E JanonxPUDNRAFTORDAx Doc EXHIBIT "A" Legal Description — Parcel 1 SKETCHOF Begin at the Northwest corner of Lot 2, Lake Johio Shores, according to the plot thereof. o recorded In Plat Book O. Page 54, of the Public Records of Orange County, Florida; thence run DESCRIPTION N 89'36'05' E. along the north line of sold Lot 2, a distance of 304.57 feet; thence run S 0023.55. C, a distance of 246.36 feet to the point of curvature of a curve, concave northeasterly. having o radius of 777.46 foot and a central angle of 7515'30.; thence run southeasterly, along the arc of said curve, a distance of 1021.20 feet to the point al tangency thereof; thence run S 00'30'01. E, a distance of 66.58 feet to the south line of Lots 8, 8 & 10 of said Lake Johlo Shores; thence run S 89'29.59" W. along said south line, o distance of 892.27 feet to the west line of Lots 10, II, 12 k 2 of sold Lake Jahio Shares; thence run N 00131443" E, along said west line, o distance of 1066.42 feet to the Point of Beginning. Containing 11.04 acres (481044.39 rquaro root) more or less. Legal Description — Parcel 2 Commence at the Northwest corner of Lot 2, Lake Johlo Shores, according to the plat thereof, as recorded In Plot Book O. Page 54, of the Public Records of Orange County, Florida; thence run f N 88'36'05" E. along the north line of sold Lot 2. a distance of 304.57 feat to the Point of Beginning; thence continue to run N 89'36'05" E. along the north line. a distance of 294.16 feet more or less to the shoreline of Lake Johlo: thence meander southerly and easterly, along said shoreline to the east line of Lot 7 of said Lake Johlo Shares; thence run S 00'21'41" E, along sold east line. a distance of 228.35 feet to the southerly Ilne of Lots 7 and 8 of sold Lake Johio Shores; POINT OF thence run 5 89'29'59" W, along said South line, a distance of 356.32 feet: thence run BEGINNING N D030.01- W. a distance of 66.50 feet to o paint on o a non—tonyent curve, concave northeasterly, 1 having a radius of 777.46 feet and a central angle of 7595'30'; thence on a chord bearing of PARCEL POINT I N 36'0l'40" W, run northwesterly along the arc of Said curve, a distance of 1021.20 feet to the paint of tangency thereof: thence run N 00'23'55" W. a distance of 246.36 feet to the Point of COMMENCEMENT Beginning. PARCEL 2 POINT OF NW CORNER, LOT 2 BEGINNING LAKE JOHIO SHORES Containing 6.82 acres (296956.66 square feet) more or less. PLAT BOOK 0, PAGE 54 PARCEL 2 Q N 89'36'05" E , N 8916'05" E gl 304.57' 3 294.16' / �� o M / LOT 2 iv 8 pi a '4. W O N / m z / p _ II1 I LOT 12 1 LAKE _ a JOHIO '0 \ J w I \APPROXIMATE SHORELINE OF LAKE J6110 o LOT 11 re ce a 0 \\ w --\ • R = 777.46 \\ r A = 7515'30" - ti L = 1021.20 o CB = N 38'01'40" W-i / 7--`___ ow a LOT 10 —' / _ LOT 9 / LOT O a M -- / N 00'30'01" W LOT 7 p to N// S 0O'3O'O1" E o Em 66.56' fn Crti S 89'29'59" W 892.27' S 89'29'59" W 356.32' 1 D SKETCH OF DESCRIPTION ONLY NOT A BOUNDARY SURVEY OCT 1 5 1929 ,_". 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS. RIGHT j�/ [ n OF WAY. RESTRICTIONS OF RECORD WHICH CITY I OF OCOL.E MAY AFFECT THE TLE OR USE OF THE LAND 2. NO UNDERGROUND IMPROVEMENTS HAVE BEENLOCATED EXCEPT AS SHOWN. 1 NOT VALO WITHOUT THE SIGNATURE AND THE ORIGINALBEARINGS SHOWN HEREON ARE BASED ON 1HE RAISED SEAL OF A FLOA LICENSED SURVEYORNORTH LINE OF LOT LAKE J01110 SHORES, 2 AND MAPPER. HAVING AN ASSUMED BEARING OF N 89'36'05' E. 1 APPR: BB REVISED:SCALE: 1' - 200' APPROVED BY:Bv: 9nM AMERICAN SURVEYING & MAPPING 16B01ZON CERTFICATION OF AUTHORIZATION NUMBER L0/6393 JOB NO. 2511 EDCEWATER DRIVE 32 04 DRAWN 'A'H ORLANDO. 7FLORIDA DRA BY: 420-(407) e7e BRETT A. MOSCOVITZ, P$AL 85011 DATE EXHIBIT "B" Location Map CITY OF OCOEE, FLORIDA LAKE JOHIO ANNEXATION N, xi mai Lin MI M Ng ria � • I,`a■ ♦1II.., IIBM � 4, 2 lrigap,zda ��/Juinntiiiu iulil k — 1�1 rf 4 • nif Atea 44.�� ' 1 - !uo ?wmfp I •aC ¢el 2 - _ �I Q= ', \. lAAA Lake Johio �„" ... r m 1 roperty —: � • A. •• - m In _ r castor qr2 r Pilaf! eftiIIIIIIi. : � iiui .i ■ V. LEGEND N Ocoee o* T N City Limits a $ y a City Property W 1� E ° County Property �� %//,i Subject Property S CITY OF OCOEE ANNEXATION AND FEASIBILITY ANALYSIS CASE NUMBER & NAME: AR-98-I I-13 / LAKE JOHIO DATE: NOVEMBER 3, 1999 THIS FORM 15 USED TO EVALUATE ANNEXATION RFOI JESTS TO DLIEHMINE THE FFASIBIL1TY OF PROVIDING URBAN SERVICES TO INDMDUAL PROPERTIES. EACH DEPARTMENT HAS FILLED IN THE APPROPRIATE SECTION AND THE FINDINGS ARE SUMMARIZED BFI OW. I. PLANNING DEPARTMENT Kirsten McGinnis A. Applicant(s) T. Daly Design Group, Inc.,Thomas Daly 641 W. Fairbanks, Suite 212, Winter Park, FL 32789 (407)740-7373 B. Property Location The property is located approximately 450 feet north of the intersection of Silver Star Road and Clarke Road on the east side of Clark Road. 1. Parcel Identification Number: 16-22-28-4532-00-021;16-22-28-4532-00-0070and 16-22-28-4532-00-80 2. Street Address: 2509 Lake Johio Shores Road; 2420 Johio Shores Road; and 9185 Azalea Ranch Lane 3. Size of Parcel(s): 17.86± acres C. Use Characteristics 1. Existing Use: Three single family residences, pasture and associated barns 2. Proposed Use: Single-family subdivision 3. Density I Intensity: 35 dwelling units(portion to be annexed) 4. Projected Population: 105 D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: R-1A, Single Family Dwelling District 3. Existing Ocoee Future Land Use: Low Density Residential(<4 DUA). 4. Proposed Ocoee Zoning: R-1A and R-1-AAA, Single Family Dwelling Districts E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Strosnider 1. Estimated Response Time: 5 minutes 2. Distance to Property: 1 mile 3. Fire Flow Requirements: Fire hydrants will be installed per City code III. POLICE DEPARTMENT Chief Mark 1. Police Patrol Zone: North 2. Estimated Response Time: 3-5 minutes 3. Distance to Property: 4 miles 1 CITY OF OCOEE ANNEXATION AND FEASIBILITY ANALYSIS CASE NUMBER S NAME: AR-98-1 I- 13 / LAME JOMIO DATE: NOVEMBER 3, 1999 IV. FINANCES Kirsten McGinnis 1. Theoretical Assessed Value: $491,150.00(27.5K per acre, land only) 2. Estimated City Ad Valorem Taxes: $105,000.00/35 SFR @100K per unit less homestead exemption 3. Anticipated Licenses & Permits: $29,000.00 4. Potential Impact Fees: $332,500.00 5. Total Project Revenues: $466,500.00 V. BUILDING DEPARTMENT Julian Harper/Don Flippen 1. Within the 100-year Flood Plain: Portions along the lakefront are 100'-200'± (NHW) in the flood plain. VI. UTILITIES Jim Shira A. Potable Water 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: Yes 4. Location and Size of Nearest Water Main: 12-inch,east side of Clarke Road and west side of Johio Shores Road 5. Annexation/ 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. Annexation/ Developer Agreement Needed: Yes C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No 4. Other: No VII. TRANSPORTATION Brad Friel 1. Paved Access: Yes, via Clarke Road 2. Row Dedication: May be required as part of Annexation Agreement 3. Traffic Study: May be required when development approval is requested 4. Traffic Zone: 326 2 CITY OF OCOEE ANNEXATION AND FEASIBILITY ANALYSIS CASE NUMBER & NAME: AR-98-I I-I 3 / LAKE JOHIO DATE: NOVEMBER 3, 1999 VIII. PRELIMINARY CONCURRENCY EVALUATION Brad 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 subdivision approval process. B. Parks/ Recreation: At the time of the analysis, sufficient parks and open space capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision approval process. 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 subdivision 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 subdivision approval process. F. Impact Fees: It is estimated that the impact fees will be in the range of$9,500 per house. The total impact fees are given for illustrative purposes only and are based on a theoretical 2,000 square foot home valued at $100,000 each. Actual impact fees will be calculated during the subdivision approval process. IX. SITE SPECIFIC ISSUES All Departments None. o:kkmcginnis\all_data\anx-rez\aclive\lake johioaxpud\raf.doc 3 The Orlando Sentinel,Thursday,December 2,1999' K,1 The Orlando Sentinel,Thursday,December 9,1999 K-1 CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER CASE NO.ADOPTION OR A FF1A N 1 ANNEX ANNEXATION ORDINANCE O NOTICE IS HEREBY GIVEN.pursuant to Sections 16604t and 171 0.44.Florida Statutes and 5eccons LID and 5-9.Ocoee Land Development ntC de,0 at inT the day.December 21. 959 at 715 p.m.. soon OCOEE CITY COMMISSION will held a PUBLIC HEARING at the City Commission two re adings 1p La ofPe lc 50 Lakeshore ve.Dr ordinance da to consider on the second of AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA.ANNEXING INTO THE COR- PORATE CITY OF FLORIDA.CERTAIN REAL PROPERTY CONANNGPROFIMATLY /66 ACRES LOCATED ON THE EAST SIDE OE CLARKE ROAD APPROXIMATELY 450 FEET NORTH OF THE INTERSECTION OF THE APPLICATION SUBMIT. SILVER BY THE PROPERTYTAR AuND E OWNEKE RS,,FNDIINGSAIDURSUANT ANNEXATIONTOBECONSIS- TENT WITH THE OCOEE COMPREHENSIVE PLAN.THE OCOEE CITY CODE.AND THE JOINT PLANNING AREA AGREED ENT.PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS:PROVIDING DIRECTION TO THE CITY • OCLERK; PROVIDING FOR SEVERABILITYt REPEALING RDI- NANCES:PROVIDING FOR AN EFFECTIVE DATE ORDINANCE ONO INCONSISTENT T Set forth below Is a map showing the area proposed to be a^:.eaed; Location Map - CITY OF OCOEE, FLORIDA LAKE JOHIO ANNEXATION ittre ifilri g .,,,...„.. .. de 4.I/Pt -" Lrl. ' ... . ae s4 '[I t-rl`� it ,l 111PPL FIF II Ain R1 must�lmmun. ra 7'rmnC�"a LEGEND y [rase wty l �Cat,c r�ry ® ropey Tne Cy Commission may continue the public hearing to other dales and ones as they deem necessary Any interested party shall be adwsed that the dates.b mes, and plac r.gthhen thislndfennergdngresans flounced adune continuation that or continued regarding these Shall an.n published A copy of the proposed Ordinance,including a complete legal description by metes and bounds,may Be inspected al the Ocoee CityClerk's office.150 North Lake- shoreDrive,between the hours of 8'00 a m.and 5 CO p.m.,Monday through Friday, ewept legal holidays.Interested parties may appear at the meeting and be heard with respect o the proposed Ordinance.My person who desires to appeal any de- cisionde during the public hearing v II need a record of the proceeding kr purpose may need to ensure that a verbatim record of the proceedings Ls made thishich includes the testimony and evidence upon which the appeal is based.?er- ns with disabilities needing assistance o participate in any 01 the proceings should contact the City Clerks Office ae hours in advance olthe meeting al(407) 656922. JEAN GRAFTON,CITY CLERK.CITY OF OCOEE DECEMBER 2.9,tYA OLS30SHZ3