HomeMy WebLinkAboutVI (A1a) Second Reading of Ordinance: Forest Lake Estates (Case Number AR-2000-05-01) Ordinance 2000-28, Annexation Agenda 12-05-2000
Item VI A la
-CENTER OF GOOD LIVING-PRIDE OF IF1'.$l ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOIT VANDERGRIFT
64.
a o CITY OF OCOEE COMMISSIONERSLc)
`H a. DANNY HOWELL
E. 150 N. LAKESHORE DRIVE
SCOIT ANDERSON
�� OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON
sA,` NANCY J.PARKER
of ono
REVISED STAFF REPORT CITY MANAGER
ELLIS SIIAPIRO
DATE: November 20, 2000
TO: The Honorable Mayor and City Commissioners
FROM: Kirsten McGinnis, Senior Plann
THROUGH: Russ Wagner, AICP, Director of Planning 7
ri
SUBJECT: Forest Lake Estates Annexation (Case Number AR-2000-05-01)
Ordinance 2000-28
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance 2000-28 approving annexation of the
subject property?
BACKGROUND:
The subject property is located south of Ocoee-Clarcona Road and west of Lauren Beth Avenue
(refer to Exhibit "A" of Ordinance 2000-28). The subject property comprises approximately 33.67±
acres and contains four existing structures; one single family dwelling unit and three storage
sheds. The subject property is proposed to be developed as a single family subdivision, 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 has requested an Ocoee zoning
classification of R-1A, Single Family Dwelling District, which would be consistent with the above
referenced land use designation. A large portion of the subject property lies within the 100-year
floodplain and contains wetlands. The Ocoee Land Development Code does not permit
development within the 100-year floodplain. The western boundary of the subject property is
adjacent to the Amber Ridge subdivision retention pond which has been subject to flooding in the
past.
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 Utility 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 and they have no
objections. Staff finds the annexation consistent with the JPA Agreement, state annexation
criteria, and the standards established by the City.
Mt
Page 2
The Honorable Mayor and City Commissioners
November 20,2000
DISCUSSION:
The single family subdivision schematic submitted with the application package does not identify
access to two smaller parcels to the northwest and the southeast. The applicant needs to provide
clarification as to how and where access will be provided to these parcels. Cross access from the
subject property to the southeast parcel must be provided. Primary access for the subdivision
should be from Clarcona-Ocoee Road with corresponding roadway widening and turn lanes.
Secondary access to the subdivision may be provided from Lauren Beth Avenue subject to
roadway improvements consistent with City standards. Improvements to Lauren Beth Avenue will
be determined prior to subdivision approval. An Annexation Agreement will be required for the
dedication of additional right-of-way along Clarcona-Ocoee Road as needed. City water and
sewer are available to the subject property via the adjacent subdivisions. The developer must bear
all costs associated with the installation and extension of potable water and sanitary sewer lines to
the subject property.
Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon
the projected impacts of a single family subdivision. The developer may be required to make
additional improvements prior to subdivision approval, as appropriate.
DEVELOPMENT REVIEW COMMITTEE:
On September 20, 2000, the Development Review Committee met to consider the Forest Lake
Estates Annexation request. Staff unanimously recommended approval of the Forest Lake
Estates Annexation Petition, Case Number AR-2000-05-01, subject to execution of an Annexation
Agreement which identifies access points and right-of-way dedications.
PLANNING AND ZONING COMMISSION:
On October 10, 2000, the Planning and Zoning Commission held a public hearing to consider the
Forest Lake Estates Annexation Petition, Case Number AR-2000-05-01. After discussion of a few
general items, the Planning and Zoning Commission unanimously recommended approval of the
requested annexation petition.
NOTE:
This Revised Staff Report contains a change in the Staff Recommendation from the Staff Report
contained in the November 21, 2000, City Commission Agenda Package. The change offers the
applicant the opportunity to rescind the request for annexation should the City Commission deny
the applicant's request for the associated rezoning from Orange County A-1, Citrus Rural District
to Ocoee R-1A, Single Family Dwelling District. City Staff and the Planning and Zoning
Commission have recommended denial of the applicants rezoning request for Ocoee R-1A;
however, City Staff and the Planning and Zoning Commission support rezoning the subject
property to Ocoee R-1AAA, Single Family Dwelling District.
Page 3
The Honorable Mayor and City Commissioners
November 20, 2000
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 2000-28 to approve the requested annexation for Forest Lake Estates, Case
Number AR-2000-05-01, subject to execution of the an Annexation Agreement and subject to a
zoning ordinance acceptable to the applicant.
Attachments: Annexation Feasibility& Public Facilities Analysis
Ordinance 2000-28
Copy of Public Hearing Advertisement
O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\2000CCSR\SR00085.doc
City of Ocoee
Annexation and Feasibility Analysis
Case Number& Name: AR-2000-05-01 I Forest Lake Estates
Date: June 6, 2000
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual
properties. Each departrnent has filled in the appropriate section and the findings are summarized below.
I. PLANNING DEPARTMENT Kirsten McGinnis
A. Applicant(s) Forest Lake Estates, Inc.
407.839.6000 x102 71 E. Church Street
Orlando, FL 32801
B. Property Location South of Ocoee Clarcona Road and west of Lauren Beth
1. Parcel Identification Number: 05-22-28-0000-00-007
2. Street Address: 10106 Clarcona Road, Ocoee, FL 34671
3. Size of Parcel(s): ± 33.67acres
C. Use Characteristics
1. Existing Use: vacant, undeveloped
2. Proposed Use: single family subdivision
3. Density I Intensity: maximum 134 single family dwelling units
4. Projected Population: 402
D. Zoning and Land Use
1. Orange County Future Land Use: R (Rural/Agiculture max. 1 du per 10 acres &
Agriculture)
2. Orange County Zoning: A-1 (Citrus Rural District)
3. Existing Ocoee Future Land Use: LD (less than 4 dwelling units per acre
4. Proposed Ocoee Zoning: R-1A Single Family Subdivision
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Chief Strosnider
1. Estimated Response Time: 3 to 4 minutes
2. Distance to Property: 2.5 miles
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: 2.5 miles
1
City of Ocoee
Annexation and Feasibility Analysis
Case Number & Name: AR-2000-05-01 I Forest Lake Estates
Date: June 6, 2000
IV. FINANCES Kirsten McGinnis
1. Theoretical Assessed Value: $ 94,100 (land only)
2. Estimated City Ad Valorem Taxes: $402,000 (based on 134 du @100K less homestead)
3. Anticipated Licenses & Permits: Per the Building Code and Land Development Code.
4. Potential Impact Fees: To be determined at site plan approval.
5. Total Project Revenues: To be determined at site plan approval.
V. BUILDING DEPARTMENT Julian Harper/ Martin Velie
1. Within the 100-year Flood Plain: Yes, per Community Panel Number 120179 0175C
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: 14" and 8"- adjacent subdivisions
5. Annexation Agreement: Yes, developer to install new/extended
lines
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: Adjacent subdivision. Gravity and force
main nearby.
5. Annexation Agreement: Yes, developer to install new lines
and/or lift station
C. Other
1. Utility Easement Needed: probably
2. Private Lift Station Needed: possibly
3. Well Protection Area Needed: no
VII. TRANSPORTATION Brad Friel
1. Paved Access: Ocoee Clarcona Road
2. Row Dedication: May be required as part of Annexation/ Developer Agreement
3. Traffic Study: May be required when development approval is requested
4. Traffic Zone: 239
2
City of Ocoee
Annexation and Feasibility Analysis
Case Number& Name: AR-2000-05-01 I Forest Lake Estates
Date: June 6, 2000
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 site
plan 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 site
plan 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 site plan 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.
\\police_firel\planningJcmcginnis\all_data\anx-rez\active\forest lake estates\afr.cloc
3
ORDINANCE NO. 2000-28
CASE NO. AR-2000-05-01: FOREST LAKE ESTATES
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 33.67 ACRES LOCATED SOUTH
OF OCOEE-CLARCONA ROAD, WEST OF LAUREN BETH AVENUE,
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. 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 (Tax Identification Number 05-22-28-
0000-00-007) 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 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 , 2000
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR
(SEAL)
ADVERTISED: NOVEMBER 16, 2000 AND
NOVEMBER 23, 2000
READ FIRST TIME:NOVEMBER 21, 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
O:\CALEXANDERIALL DATA\CAPDFILE\FORMS\2000 FORMSFORMS00066.doc
EXHIBIT "A"
Location Map
FOREST LAKE ESTATES
ANNEXATION AND INITIAL ZONING
FROM ORANGE COUNTY A-1 TO OCOEE R-1 A
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SKETCH OF DESCRIPTION
LAND DESCRIPTION
FOREST LAKE RESERVE
PORTIONA 25 EASTM OF SECTION 5.TDW TOWNSHIP 22 SOUTH,
BEING MORE PARTICULARLY DESCRIBED ASFOLLOW5
RANGE
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 5.TOWNSHIP 22 SOUTH,RANGE 20 EAST;
THENCE S 87'55'08"W ALONG THE SOUTH LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF
SAID SECTION 5.A DISTANCE OF 47000 FEET TO THE POINT OF BEGINNING;THENCE CONTINUE 5 01 '
55'08"W ALONG SAID LINE,012.00 FEET;THENCE N 00'21'56 E ALONG THE WEST LINE OF THE
SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SAID SECTION 5,A DISTANCE OF 789.49 FEET;THENCE N
09'5715"E.295.12 FEET;THENCE N 00.21'5G"E.295.17 FEET:THENCE S 09'ST95-W.295.17 FEET;
THENCE N 00'2116-E ALONG THE WEST LINE OF THE SOUTHEAST 1/4 Of THE SOUTHEAST 114 OF SAID
SECTION 5,A DISTANCE OF 285.01 FEET;THENCE N 89'5115"E ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 5,A DISTANCE OF 1304.40 FEET;THENCE 5
00'05'04T W ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF TE
ISTANCE OF 853.03
SOUTHEAST
439/99 FEET;THEENCEEASTS 00'05914"W 470.00 FEET/4 OF SAID SECTION S.A TO TTHE POINT OF BEGINNIN ,THENCE 50l
4 OF THE• G
SAID LANDS LYING IN ORANGE COUNTY,FLORIDA CONTAINING 11.674 ACIIES MORE OR LESS.
n ' MAY 2 6 2000
CITY OF OCOEE
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Copy of Public Hearing Advertisement
Date Published
THURSDAY, NOVEMBER 16 2000
CITY OF OCOEE NOTICE OF
PUBLIC HEARING TO CONSIDER
AN APPLICATION FOR ANNEXATION
CASE NO. APn2000.05.01:
FOREST LAKE ESTATES
ORDINANCE 2000.28
NOTICE IS HEREBY GIVEN pursuant to Sections I66041 and 171.044,Florida
Statutes,and Sections 1-10 and 5 9,Ocoee Land Development Code,Nat on
Tuesday.December 5,2000.at 7:15 p.m..or as soon thereafter as practical,the
OCOEE CITY COMMISSION will hold a PUBLIC HEARING al the Ciry Commission
Chambers.150 Norm Lakeshore Drive,Ocoee.Honda to cculder on the second
of ma readings adoption of Me Miloydng ordinance:
AY ORDINANCE OF ME CITY OF OCOEE,FLORIDA,ANNEXING INTO TEE CORPO-
RATE LIMITS OF ME CITY OF OCOEE,FLORIDA,CERTAIN REAL PROPERTY CON.
TAINING APPROXIMATELY 33.61 ACRES LOCATED SOUTH OF OCDEE CLARCONA
ROAD,WEST OF UUREN BEM AVENUE FURSUANTIO THE APPLICAOON SUB-
MITTED BY THE PROPERTY OWNERS;FINDING SAM ANNEXAOCN TO BE CONSIS.
TENT WIM 1HE OCOEE COMPREHENSIVE FUN,THE OCOEE 01Y CODE,AND THE
JOINT PUNNING AREA AGREEMENT;PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS:PRONGING DIRECTIONTOTE CITYCLERK;
PROVIDING FON SEVERABILIfl REPEALING INCONSISTENT ORDINANCES;PRO-
VIDING FOR AN EFFECTIVE DATE
Sti forth below is a mac showing the area proposed to be annexedCASE FoREfr LAKE ESTATES APIrveck-FroN
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The Cdy Commission may continue the public hearing to other dales and times as
N deems necessary.Any interested parry shall be advised That the dates,limes.
and places ol any continuation of this or continued public bearings shall be
announced doting the hearing and that no further otices regard0g These matters
wiY be published.
A copy of the proposed Ordinance,Mluding a complete legal description by metes
and bounds, may be'nspected at the Ocoee CM Cled(s office, 150 North
Lakeshore Ome.between Me hours ol 8:00 a.m.and 5:00 pm.,Monday Through
Podgy,except legal holidays.Interested parties may appear at Me meeting and be
heard with respect ID the proposed Ordinance.Any person who desires to appeal
any decision made during the public bearing will need a record of Me proceeding
and for his purpose may need Co ensure that a verbatim record ol try proceeding
is made which includes the testimony and evidence upon which the appeal is
based.Persons with disabilities needing assistance to parocpale in any of the b
proceedings should contact the City Clerk's(Mice 48 TOWS in advance of Nx P
meeting at(407)905-3105.
JEN;GEGION,CITY CtERC,CIOY6 XOEE TYmidry Novefbr 16,1010 rut Nmenber tl,NOO
(dardo Smene