HomeMy WebLinkAboutItem 17 First Reading of Ordinance for Crews/Smeller Property – 1557 Blackwood Avenue Annexation & Rezoning; Project No(s): AX-06-19-83 & RZ-19-06-08 ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: September 17, 2019
Item # /7
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Crews/Smeller Property Annexation — 1557 Blackwood Avenue
Annexation, Rezoning
Project No(s): AX-06-19-83 & RZ-19-06-08
Commission District#2— Rosemary Wilsen
BACKGROUND:
General Location: The parcel is located on the east side of Blackwood Avenue; 1,050 feet south of Old Winter
Garden Road.
Parcel Identification Number(s): 29-22-28-0000-00-098
Property Size: +1- 0.51 acres
Actual land use, proposed land use and unique features of the subject property: The subject parcel has one (1)
existing Single-Family Residence. The Applicant is annexing into the City limits because they are now eligible for
annexation and already benefit from city potable water connection.
The future land use classification of the subject property:
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/(Rural/Agricultural) City of Ocoee/ Low Density
Use-Joint Planning Area (@ Less than 4 dwelling units/acre) Residential
Land Use Classification
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND CURRENT ZONING
USE
North City of Ocoee/ Low Density City of Ocoee/"R-1A"
Residential
East Orange County/ Low Density Orange County/"A-1"
Residential
South Orange County/ Low Density Orange County/"A-1"
Residential
West City of Ocoee/ High Density City of Ocoee/"R-3"
Residential
ISSUE:
Should the Honorable Mayor and City Commission approve an ordinance for Annexation and Rezoning for the
Crews/Smeller Property located at 1557 Blackwood Avenue?
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report (See attached): The property is located within the
proposed Ocoee-Orange County JPA area and is bordered by the City of Ocoee to the north and east. The
property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange
County and benefits from City of Ocoee water service.
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.
Consistency with State & Local Regulations:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statues grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create
an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on the north and west.
Joint Planning Area Agreement: The subject property is located within the proposed Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement.
Rezoning: The parcel will receive an "R-1" (Single-Family Dwelling) 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, the JPA Agreement, and the City's Annexation Policy...." 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 both the Future Land Use Map and the JPA Agreement."
Development Review Recommendation:
The Development Review Committee (DRC) met on Tuesday, August 6, 2019. The DRC made a
recommendation of approval for the Annexation and Rezoning for the Crews/Smeller Property located at 1557
Blackwood Avenue.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) reviewed the proposed Annexation and Rezoning on Tuesday,
August 13, 2019. No issues or concerns were brought up. When deliberations finished, the Planning and Zoning
Commission voted unanimously to recommend approval of the Annexation and Rezoning.
Staff Recommendation:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Honorable
Mayor and City Commission approve ordinances for Annexation and Rezoning for the Crews/Smeller Property
located at 1557 Blackwood Avenue.
Attachments:
Feasibility Report
Annexation Ordinance
Rezoning Ordinance
Location Map
Zoning Map
Future Land Use Map
Aerial
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-06-19-83 & RZ-19-06-08
APPLICANT NAME: Daniel Crews & Elizabeth Smeller
PROJECT NAME: CREWS/SMELLER PROPERTY
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): Daniel Crews & Elizabeth Smeller
B. Property Location
1. General Location: Approximately 1050 feet south of Old Winter Garden Rd.
2. Parcel Identification Number: 29-22-28-0000-00-098
3. Street Addresses: 1557 Blackwood Ave.
4. Size of Parcels: 0.51 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: A-1
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: 4 Mins
2. Distance to Property: Distance from Station #25 (Bluford Ave) is two (2) miles
3. Fire Flow Requirements: 300 GPM
III. POLICE DEPARTMENT Lt. Scott Nylander, Police
1. Police Patrol Zone/ Grid /Area: 3
2. Estimated Response Time: 3 mins
3. Distance to Property: 0.7 miles
3. Average Travel Time 3 mins
Page 1 of 3
Applicant Name: Daniel Crews&Elizabeth Smeller
Project Name:Crews/Smeller Property
Annexation&Rezoning
Case#:AX-06-19-83&RZ-19-06-08
IV. ECONOMIC VALUE Gregory Hines, Planner I
1. Property Appraiser Taxable Value: 160,878
2. Property Appraiser Just Value 160,878
3. Estimated City Ad Valorem Taxes: $884.82
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 12095CO220F)
VI. UTILITIES Milen Womack, City Engineer
A. Potable Water
1. In Ocoee Service Area: No
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of 8" Water main on Old Winter Garden Road
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes, to an existing Orange County sewer line
4. Location and Size of N./A
Nearest Force Main:
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: No
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: 612
Page 2 of 3
Applicant Name: Daniel Crews&Elizabeth Smeller
Project Name:Crews/Smeller Property
Annexation&Rezoning
Case#:AX-06-19-83&RZ-19-06-08
VIII. PRELIMINARY CONCURRENCY EVALUATION Gregory Hines, Planner I
At this time, adequate transportation capacity exists.
A. Transportation:
At this time, adequate park/recreation capacity exists.
B. Parks/ Recreation:
At this time, adequate water/sewer capacity exists.
C. Water/Sewer:
N/A
D. Stormwater:
At this time, 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
ORDINANCE NO. 2019-
(Annexation Ordinance for Crews/Smeller Property— 1557 Blackwood Avenue)
TAX PARCEL ID: 29-22-28-0000-00-098
CASE NO. AX-06-19-83: Crews/Smeller Property—1557 Blackwood 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 +/-0.51 ACRES LOCATED ON THE EAST SIDE OF
BLACKWOOD AVENUE, SOUTH SIDE OF OLD WINTER GARDEN
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; 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 +/- 0.51 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 August 13, 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
FROM SW COR OF SE1/4 OF NE1/4 RUN E 60 FT N 168.22 FT FOR POB TH CONT N
122.55 FT E 178.19 FT S 122.56 FT W 177.21 FT TO POB IN SEC 29-22-28, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA
Exhibit B
Location Map
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ORDINANCE NO. 2019-
(Rezoning Ordinance for Crews/Smeller Property— 1557 Blackwood Avenue)
TAX PARCEL ID: 29-22-28-0000-00-098
CASE NO. RZ-19-06-08: Crews/Smeller Property— 1557 Blackwood Avenue Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"RURAL/AGRICULTURAL" TO CITY OF OCOEE R-1, "LOW DENSITY
RESIDENTIAL" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 0.51 ACRES LOCATED ON THE EAST SIDE OF
BLACKWOOD AVENUE, SOUTH SIDE OF PETERS OLD WINTER
GARDEN ROAD, 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 +/- 0.51 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from "Orange County"A-1 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 August 13, 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 October 1, 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 +/- 0.51 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County" A-1 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
FROM SW COR OF SE1/4 OF NE1/4 RUN E 60 FT N 168.22 FT FOR POB TH CONT N
122.55 FT E 178.19 FT S 122.56 FT W 177.21 FT TO POB IN SEC 29-22-28, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA
Exhibit B
Location Map
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