HomeMy WebLinkAboutVII (A2) First Reading of Ordinance - Basking Ridge Court Agenda 6-02-2004
e Center of Good Liv Item VII A2 a&b
Mayor �b -•'^�" �,._ �, Commissioners
S. Scott Vandergrift Danny Howell, District 1
Acting City Manager
COEScott Anderson, District 2
s Rusty Johnson, District 3
V. Eugene Williford _ Nancy J. Parker, District 4
. i
STAFF REPORT
TO: The Mayor& City Commissioners
FROM: Terry L. James, AICP, Principal Planner
THROUGH: Russ Wagner, AICP
Community Development Director
DATE: May 20, 2004
SUBJECT: Basking Ridge Court Annexation and Initial Zoning
Applicant: Regol Associates, Inc.
Case#: AX-04-02-16
Annexation Ordinance#2004-11
Rezoning Ordinance#2004-12
ISSUE:
Should the Mayor&City Commissioners approve the annexation and initial zoning for the above
referenced property?
BACKGROUND:
Parcel Identification Number: 08-22-28-0000-00-034
Property Size: 1.01 acres +/-
General Location: Southwest of Basking Ridge Court and directly west of the recently annexed
Afro-American Cemetery.
Actual land use, proposed land use, unique features, and plan consistency of the subiect
property: The parcel is currently vacant; however, the proposed use is for two single family
homes after a diagonal lot split is processed under a separate review. There are no unique
features on the property. The proposed use is consistent with the Ocoee Future Land Use Map
and the Orange County-Ocoee Joint Planning Area Land Use Map.
The future land use& requested initial zoning classification of the subiect property:
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/Low Density City of Ocoee/Low Density
Use Classification Residential Residential
Jurisdiction/Zoning Orange County/R-2: Residential City of Ocoee/R-1-A: Single Family
Classification District Dwelling
City of Ocoee• 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905-3100 •fax: (407) 656-8504 •www.ci.ocoee.fl.us
Basking Ridge Court
Case#:AX-04-02-16
Page 2of3
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Ocoee/Low Density Residential Ocoee/Low Density PUD
East Ocoee/Low Density Residential Ocoee/R-1-A: Single Family Dwelling
South Ocoee/Low Density Residential Ocoee/R-1: Single Family Dwelling
West Orange Cnty./Low Density Residential Orange Cnty./Residential District
CONSISTENCY WITH STATE AND 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 requested annexation is not an enclave and such
annexation would not result in an enclave being created.
Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange
County Joint Planning Area (JPA)and is being considered for annexation as outlined in the JPA
Agreement.
This annexation will not require a comprehensive plan amendment per Subsection 8-B of the
JPA Agreement and is consistent with the JPA Agreement per Subsection 6-D. Orange County
has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-
Orange County Joint Planning Area Agreement. We have received no comments as of the date
of this report.
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, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added]
DISCUSSION:
The subject property's proposed future land use classification of Low Density Residential is
consistent and compatible with the Ocoee Future Land Use Map and the Orange County-Ocoee
Joint Planning Area (JPA) Land Use Map as indicated in the tables above. The applicant's
petition for the initial zoning classification of R-1-A: Single Family Residential is consistent and
compatible with future land use classification and the existing zoning classification on the
surrounding parcels.
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of
the proposed use and size of the parcel, Staff determined that the urban services could be
adequately provided to the subject property. Should the property owners choose to develop the
property in the future; however, they will be required to make certain improvements in
accordance with the Land Development Code.
Basking Ridge Court
Case#:AX-04-02-16
Page 3 of 3
Summary: The proposed annexation is a logical extension of the City limits, urban services can
be provided, and the annexation meets state and local regulations. Furthermore, the requested
Future Land Use and initial zoning classifications are consistent with the land use classifications
on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are
also consistent and compatible with surrounding properties.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On April 21, 2004, the DRC met to determine if the proposed annexation was consistent with
the City's regulations and policies. Based on the above analysis and subsequent discussions,
the DRC recommended the annexation of the Basking Ridge Court to the Planning & Zoning
Commission.
PLANNING &ZONING COMMISSION RECOMMENDATION:
On May 11, 2004, the Planning & Zoning Commission held a public hearing on the requested
annexation and rezoning of the subject property. After the Staff presentation, the P&Z
Commission opened the public hearing. The applicant, Robert Goll, clarified that the subject
property was not in the Forest Ridge PUD to the north and the access would be off Basking
Ridge, which is a public street. There were no other comments either oral or written at the
public hearing. At the close of the public hearing the P&Z voted unanimously to recommend
approval of the annexation and initial zoning of R-1-A, "Single Family Residential"for the subject
property
STAFF RECOMMENDATION:
Based on the DRC recommendation and the subsequent P&Z Commission recommendation,
Staff recommends that the Mayor & City Commissioners adopt Ordinances 2004-11 and 2004-
12 to annex and initially zone the subject property R-1-A, "Single Family Residential".
Attachments:
Location Map
Future Land Use Map
Zoning Map
Annexation Feasibility Report
Annexation Ordinance 2004-11
Rezoning Ordinance 2004-12
File:O:\Staff Reports\2004\SR04035 CC.doc
Basking Ridge Court
Location Map
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o 90 180 270 360 I ITT!F SPRING HI
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Printed: April 2004 —_Th
DSubject Property ANDERSON
Unincorporated Territory
Dand Other Municipalties
Low Density Residential
Medium Density Residential
MEI High Density Residential
IIII Professional Offices and Services LAKE MOXIE
IIII Commercial
Light Industrial
IIM Heavy Industrial BUFNT TREE
III Conservation/Floodplains
Recreation and Open Space
MI Public Facilities/Institutional LYMAN REC
Road Right-of-Way WE)ILE
Lakes and Water Bodies
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ICIECNIEN
Printed: 5-2005
DSubject Property ANDERSON
Unincorporated Territory
r-,-„Unincorporated
Other Municipalties
Zoning Classification:
General Agricultural (A-1) -
Suburban (A-2) .
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA) [:=1---- R-1 AA
Single-Family Dwelling (R-1A) LAKE MOX
Single-Family Dwelling (R-1) 4
One- &Two-Family Dwelling (R-2) R-1
MI Multiple-Family Dwelling (R-3) BLRNT—REE \
= Mobile Home Subdivision (RT-1) -
Professional Offices & Services (P-S)
MI Neighborhood Shopping (C-1)
R-1 A
1.111 Community Commercial (C-2)
IIII General Commercial (C-3) MO ILE
Restricted Manufacturing
& Warehousing (I-1)
MI General Industrial (1-2) f - - --
IIIIN Commercial (PUD)
Mt Low Density (PUD) - SECURITY
111111 Medium Density (PUD) .
`-" High Density (PUD) RT-1 \14\S
///Unclassified MACK I
Lakes and Water Bodies �� rlID:CIA-- I Ir '''',,, C)
ORDINANCE NO. 2004-11
TAX PARCEL ID #: OR-22-2R-0000-00-014
CASE NO. AX-04-02-16: BASKING RIDGE COURT 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 1.01 ACRES LOCATED SOUTHWEST OF
BASKING RIDGE COURT AND IMMEDIATELY WEST OF OCOEE'S
OLD AFRICAN-AMERICAN CEMETERY 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 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
ORDINANCE 2004-11 -1-
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 1 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 and 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 the 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.
ORDINANCE 2004-11 -2-
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.
ORDINANCE 2004-11 -3-
PASSED AND ADOPTED this day of , 2004.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED AND
THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2004.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF , UNDER
, 2004 AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORDINANCE 2004-11 -4-
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BOUNDARY SURVEY TOMMMIE.u SOM.RANCE ME BASED CFI a EAST,,pSMET al or
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SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST 7.UNOERVOJND OLDIES NEN E NOT LOCATED FOR 111E PURPOSE OF 1110 SUBLET.
CITY OF OCOEE, ORANGE COUNTY, FLORIDA FE9 2 6 2094
1 LAMS 910 WI HEREON WERE MOT ABSTRACTED FOR 00115 OF MAT,EASplp11
OR 011101 MATTERS OF RECORD ST 1115 F1101.
DESCRIPTION: BEGIN 210 FEET WEST OF THE a 2001 D.Txe DESCTO RIBED S IV FLOW 2100E '10 ARFCA DETERMINED row" -- - -- - .
SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE Se ABOVE me 100 YEAR FLO1 UNE. —
SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, SHANNON SURVEYING, INC.
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE
RUN NORTH 210 FEET; THENCE RUN WEST 210 FEET 499 NORTH S.R. 434- SUITE 2153
THENCE RUN SOUTH 210 FEET; THENCE RUN EAST 210 ALTAMONTE SPRINGS,FLORIDA, 32714
FEET TO THE POINT OF BEGINNING AP,_,� (407)774-6377-LB6898/�. FEBRUARY 2, 2004
AM,O � DAiE a EURYEN
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EXHIBIT "B"
Basking Ridge Court
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ORDINANCE 2004-11 -6-
ORDINANCE NO. 2004-12
TAX PARCEL ID #: 08-22-28-0000-00-034
CASE NO. AX-04-02-16: BASKING RIDGE COURT REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2,
"RESIDENTIAL DISTRICT" TO OCOEE R-1A, "SINGLE FAMILY"
DWELLING ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.01 ACRES LOCATED SOUTHWEST OF
BASKING RIDGE COURT AND IMMEDIATELY WEST OF OCOEE'S
OLD AFRICAN-AMERICAN CEMETERY PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have
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 1.01 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County R-2, "Residential District" to Ocoee
R-1A, "Single Family Dwelling;" 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 Director of Planning has reviewed
said Rezoning application and determined that the Rezoning required by the Applicant is
consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #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 May 11, 2004 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
ORDINANCE 2004-12 1
Commission that the zoning classification of said real property be rezoned as requested by the
Applicants, and that the Ocoee City Commission ford that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on June 15, 2004 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 1.01 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from
Orange County R-2 "Residential District", to Ocoee R-1A, "Single Family Dwelling." A map
of said land herein described which clearly shows the area of Rezoning is attached hereto as
Exhibit "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby fords
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 take effect immediately
upon passage and adoption.
ORDINANCE 2004-12 2
PASSED AND ADOPTED this day of , 2004.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2004
READ FIRST TIME , 2004.
READ SECOND TIME AND ADOPTED
, 2004.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2004.
FOLEY & LARDNER LLP
By:
City Attorney
ORDINANCE 2004-12 3
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NOTES ._ .-.
BOUNDARY SURVEY 1.00004 S ME Immo CN INE NEST UNE 01 TIE SOUTMMEST 1/4 of TIE SOUIHNEST 1/4 OF SECTION S.---
TONNSIIP 22 SOU1H.RANGE 20 EAST,ORANGE COUNTY.FLORIDA.BENG ASSUMED As N 011(37•W.
SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST 2.UNDERGROUND UTEmES NOE NOT LOCATED FGR THE PURPOSE 0'THIS SURVEY.
CITY OF OCOEE, ORANGE COUNTY, FLORIDA FEB 2 6 2^'!4
1 Luau RIM HEREON WERE NOT ABSTRACTED FOR IIOITS a WAY,EASEMENTS
OR OTHER MATTERS OF RECORD BY 11119 F1RY. .---- —_._ ..._
DESCRIPTION: BEGIN 210 FEET WEST OF THE E 202000.THE DEEsr CCROING TO FIR
2 PROROPEERRTY IITY �1.NUMBER 04*1X ARE°A DETERMINED TO .
SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF 1HE BE ABOVE TIE 100 YEAR 11.000 UNE `—
SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY. FLORIDA; THENCE SHANNON SURVEYING, INC.
RUN NORTH 210 FEET; THENCE RUN WEST 210 FEET; 499 NORTH S.R. 434- SUITE 2153
THENCE RUN SOUTH 210 FEET; THENCE RUN EAST 210 ALTAMONTE SPRINGS,FLORIDA, 32714
FEET TO THE POINT OF BEGINNING App",-4 (407) 774-8372—L86898�/. FEBRUARY 2, 2004
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ORDINANCE 2004-12 5