HomeMy WebLinkAboutItem 09 First Reading of Ordinance for Brown Property, 213 Bay Street, Annexation & Rezoning to Planned Unit Development/Land Use Plan (PUD/LUP); Project No(s): AX-04-19-80 & RZ-19-04-03 ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: September 1, 2020
Item #:
Reviewed By:
Contact Name: Kiel Gajadhar, Zoning Managed/5 Department Director: is el, 'u
Contact Number: 407-554-7079 City Manager: R•,
Subject: Brown Property— 213 Bay Street
Annexation and Rezoning
Project No(s): AX-01-20-87 & RZ-20-05-04
Commission District#2 — Rosemary Wilsen
Background Summary:
General Location: The property is located to the Northwest of West Ohio St., Southwest of McKey St.,
and directly West of Bay St.
Parcel Identification Number(s): 18-22-28-0000-00-033
Property Size: +/- 0.30 acres.
Actual land use, proposed land use,andunique features of the subject property: The subject parcel has
one (1) existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to
receive city potable water connection.
The future land use classification of the subject property:
CURRENT PROPOSED
Jurisdiction/Future.Land Use-Joint Orange County/(Low Density Residential) City of Ocoee/ Low
Planning Area Land Use Classification (@ Less than 4 dwelling units/acre) Density Residential
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Orange County/ Low Density Residential Orange County/"R-1A"
East City of Ocoee/Low Density Residential City of Ocoee/"R-1A"
South City of Ocoee/ Low Density Residential City of Ocoee/"R-1A"
West City of Ocoee/Conservation/FloodPlains City of Ocoee/"A-1"
CONSISTENCY WITH STATE & 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
1
•
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 south, east, and west.
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 proposed JPA Agreement.
Rezoning: The parcel will receive an "R-1A" (Single Family) 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...." [Emphasis added]. 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."
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report (See attached): The property is located within
the Ocoee-Orange County JPA area and is bordered by the City of Ocoee to the north, east, and south.
The property already benefits from Ocoee Fire Rescue services via a joint"First Responder"Agreement
with Orange County. The property will require 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.
Issue:
Should the Honorable Mayor and City Commission approve the annexation and rezoning from "Orange
County" R-1A (Single Family) to "City of Ocoee" R-1A (Single Family) of the property known as the
Brown Property located at 213 Bay Street?
Development Review Committee Recommendation:
On August 4, 2020, the DRC met to determine if the proposed annexation and rezoning were consistent
with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously
to recommend approval of the annexation and rezoning for the Brown Property.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) met on August 11, 2020, to review the proposed
Annexation and Rezoning. No issues or concerns were brought it. When deliberations finished, the
Planning and Zoning Commission voted unanimously to recommend approval of the Annexation and
Rezoning for 213 Bay Street.
Staff Recommendations:
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 Brown
Property located at 213 Bay Street.
2
Attachments:
Feasibility Report
Annexation Ordinance
Rezoning Ordinance
Location Map
Zoning Map
Future Land Use Map
Aerial
Financial Impact:
None
Type of Item: (please marls with an "x")
D Public Hearing For Cleric's Dept Use:
o Ordinance First Reading ❑ Consent Agenda
D 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 •
Reviewed by Finance Dept.
Reviewed by
3
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER:AX-01-20-87 & RZ-20-05-04
APPLICANT NAME: Darren Brown & Dana Brown
PROJECT NAME: BROWN PROPERTY ANNEXATION
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): Darren Brown & Dana Brown
B. Property Location
1. General Location: Located on Bay Street, approximately 700 feet South of
W. Mckey Street.
2. Parcel Identification Number: 18-22-28-0000-00-033
3. Street Addresses: 213 Bay Street
4. Size of Parcels: 0.30 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: R-1A
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: R-1A
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time: 5 min
2. Distance to Property: 0.7 miles
3. Fire Flow Requirements: 1000 gpm
III. POLICE DEPARTMENT Lt. Scott Nylander, Police
1. Police Patrol Zone/Grid /Area: 1
2. Estimated Response Time: 7 mins
3. Distance to Property: 1.9 miles
3. Average Travel Time 7 min
Page 1 of 3
Applicant Name:Darren Brown&Dana Brown
Project Name: Brown Property Annexation
Annexation&Rezoning
Case#:AX-01-20-87&RZ-20-05-04
IV. ECONOMIC VALUE Gregory Hines, Planner I
1. Property Appraiser Taxable Value: $46,429
2. Property Appraiser Just Value $46,249
3. Estimated City Ad Valorem Taxes: $243.75
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 Jennifer Bolling, Engineering
Manager
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of Existing watermain on west side of Bay Street.
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
_2. City Capable of Serving Area: No sewer facilities available
3. Extension Needed: N/A
4. Location and Size of Existing watermain on west side of Bay Street.
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:Darren Brown&Dana Brown
Project Name:Brown Property Annexation
Annexation&Rezoning
Case#:AX-01-20-87&RZ-20-05-04
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. 2020-
(Annexation Ordinance for Brown Property—213 Bay Street)
TAX PARCEL ID: 18-22-28-0000-00-033
CASE NO. AX-01-20-87: Brown Property—213 Bay Street 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 +/- 0.30 ACRES LOCATED TO THE NORTHWEST
OF WEST OHIO STREET, SOUTHWEST OF MCKEY STREET AND
DIRECTLY WEST OF BAY STREET, 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 +/- 0.30 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 11, 2020, 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 , 2020.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2020
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE , 2020,UNDER AGENDA
CITY OF OCOEE,FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF ,2020
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF THE SW ' OF THE SE ' OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST; RUN WEST 382.3 FEET, THEN NORTH 431.6
FEET, THEN WEST 135 FEET TO POINT OF BEGINNING; NOW RUN WEST 80 FEET,
THEN NORTH 60 FEET, THEN EAST 80 FEET, THENCE SOUTH 60 FEET TO THE POINT
OF THE BEGINNING.
AND
BEGINNING AT THE SOUTHEAST CORNER OF THE SW ' OF THE SE % OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN WEST 382.3 FEET, THEN NORTH 431.6
FEET TO THE POINT OF THE BEGINNING; THENCE WEST 135 FEET, THENCE NORTH 60
FEET, THENCE EAST 135 FEET, THENCE SOUTH 60 FEET TO THE POINT OF THE
BEGINNING.
EXHIBIT "B"
213 Bay Street
Location Map
Floral Street
a)
03
CO
ORDINANCE NO. 2020-
(Rezoning Ordinance for Brown Property—213 Bay Street)
TAX PARCEL ID: 18-22-28-0000-00-033
CASE NO. RZ-20-05-04: Brown Property—213 Bay Street Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1A,
"SINGLE FAMILY" TO CITY OF OCOEE R-1A, "SINGLE FAMILY" ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.30
ACRES LOCATED TO THE NORTHWEST OF WEST OHIO STREET,
SOUTHWEST OF MCKEY STREET AND DIRECTLY WEST OF BAY
STREET, 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+/- 0.30 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from"Orange County"R-1A to "City of Ocoee"R-1A; 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 11, 2020, 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 September 15, 2020, 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 +/- 0.30 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County" R-1A to "City of Ocoee" R-1A. 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 , 2020.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2020
READ FIRST TIME ,2020.
READ SECOND TIME AND ADOPTED
,2020.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2020.
SHUFFIELD LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF THE SW % OF THE SE % OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST; RUN WEST 382.3 FEET, THEN NORTH 431.6
FEET, THEN WEST 135 FEET TO POINT OF BEGINNING; NOW,RUN WEST 80 FEET, THEN
NORTH 60 FEET, THEN EAST 80 FEET, THENCE SOUTH 60 FEET TO THE POINT OF THE
BEGINNING.
AND
BEGINNING AT THE SOUTHEAST CORNER OF THE SW % OF THE SE % OF SECTION 18,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN WEST 382.3 FEET, THEN NORTH 431.6
FEET TO THE POINT OF THE BEGINNING; THENCE WEST 135 FEET, THENCE NORTH 60
FEET, THENCE EAST 135 FEET, THENCE SOUTH 60 FEET TO THE POINT OF THE
BEGINNING.
•
EXHIBIT "B"
213 Bay street
Location Map
Floral Street
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Annexation & Rezoning
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