HomeMy WebLinkAboutItem 20 First Reading of Ordinance for the Guerrero Property at 102 Wurst Road - Annexation & Rezoning; Project No(s): AX-04-21-05 & RZ-21-04-08 ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 18, 2021
Item #: o
.0
Reviewed By: `- _
Contact Name: Gregory Hines, Planner I Department Director: Mich-.-I Ru ;.•�
Contact Number: 407-554-7086 City Manager: Ro- ► ''.
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Subject: Guerrero Property— 102 Wurst Road
Annexation and Rezoning
Project No(s): AX-04-21-05 & RZ-21-04-08
Commission District#1 — Larry Brinson, SR.
Background Summary:
General Location: The property is located directly on the north side of Wurst Road, approximately 175 feet east
of N. Lakewood Avenue.
Parcel Identification Number(s): 08-22-28-5956-12-120
Property Size: +/- 0.17 acres.
Actual land use, proposed land use, and unique features of the subiect property: The subject parcel has one (1)
existing Single-Family Residence.
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 City of Ocoee/Commercial City of Ocoee/"R-1"
East Orange County/Commercial Orange County/"R-2"
South Orange County/Commercial Orange County/"R-1"
West Orange County/Commercial Orange County/"R-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 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.
1
•
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.
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...."
[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. 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-2 (Single Family) to "City of Ocoee" R-1 (Single-Family Dwelling) of the property known as Parcel ID 08-22-28-
5956-12-120?
Development Review Committee Recommendation:
On May 4, 2021, 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 Guerrero Property .
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) met on May 11, 2021, to review the proposed Annexation and
Rezoning. 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 for the Guerrero
Property located at 102 Wurst Road.
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 Guerrero Property , also
identified as Parcel ID 08-22-28-5956-12-120.
Attachments:
Feasibility Report
Annexation Ordinance
Rezoning Ordinance
Location Map
2
Aerial
Zoning Map
Future Land Use Map
Financial Impact:
None
Type of Item: (please mark with an"x")
❑ Public Hearing For Clerk's Dept Use:
® Ordinance First Reading 0 Consent Agenda
❑ Ordinance Second Reading ❑ Public Hearing
O Resolution 0 Regular Agenda_
O 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-04-21-05 & RZ-21-04-08
APPLICANT NAME: Esteban Ricardo Guerrero
PROJECT NAME: GUERRERO PROPERTY—102 WURST ROAD
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): Esteban Ricardo Guerrero
B. Property Location
1. General Location: r The property is located directly on the north side of Wurst
Road, approximately 175 feet east of N. Lakewood
Avenue.
2. Parcel Identification Number: 08-22-28-5956-12-120
3. Street Addresses: 102 Wurst Road
4. Size of Parcels: 0.17 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-2
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: 2-4 Minutes
2. Distance to Property: 2 Miles (Fire Station 38)
3. Fire Flow Requirements: N/A
III. POLICE DEPARTMENT Lt. Scott Nylander, Police
1. Police Patrol Zone/ Grid /Area: 5
2. Estimated Response Time: 7 mins
3. Distance to Property: 1.8 miles
3. Average Travel Time 7 mins
Page 1 of 3
Applicant Name:Esteban Ricardo Guerrero—102 Wurst Rd.
Project Name:Guerrero Property—102 Wurst Road
Annexation&Rezoning
Case#:AX-21-03-05&RZ-21-04-08
IV. ECONOMIC VALUE Gregory Hines, Planner I
1. Property Appraiser Taxable Value: $35,000
2. Property Appraiser Just Value $35,000
3. Estimated City Ad Valorem Taxes: $183.75
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 Jen 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 East side of N Lakewood Ave
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No
3. Extension Needed: Yes
4. Location and Size of 12 Inch Force on N Lakewood Ave at Klinger Ct.
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: 568
Page 2 of 3
Applicant Name:Esteban Ricardo Guerrero—102 Wurst Rd.
Project Name:Guerrero Property—102 Wurst Road
Annexation&Rezoning
Case#:AX-21-03-05&RZ-21-04-08
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. 2021-
(Annexation Ordinance for Guerrero Property— 102 Wurst Road)
TAX PARCEL ID: 08-22-28-5956-12-120
CASE NO. AX-04-21-05: Guerrero Property— 102 Wurst Road 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+/- 0.17
ACRES LOCATED DIRECTLY ON THE NORTH SIDE OF WURST
ROAD, APPROXIMATELY 175 FEET EAST OF N. LAKEWOOD
AVENUE, 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 +/- 0.17 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 May 11, 2021, 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 , 2021.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2021
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE , 2021,UNDER AGENDA
CITY OF OCOEE,FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF ,2021
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
NORTH OCOEE ADDITION NO 1 0/68 LOT 12 BLK 12, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA. PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
Exhibit B
Location Map
12t Avenue
a)
H)cr_ I 3th Aenue
—in o fl Wurt Road
_1 15th Avenue
z
16th Aven6e
e
ORDINANCE NO. 2021-
(Rezoning Ordinance for Guerrero Property—102 Wurst Road)
TAX PARCEL ID: 08-22-28-5956-12-120
CASE NO. RZ-21-04-08: Guerrero Property— 102 Wurst Road Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2,
"SINGLE FAMILY" TO CITY OF OCOEE R-1, "SINGLE-FAMILY
DWELLING" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 0.17 ACRES LOCATED DIRECTLY ON THE
NORTH SIDE OF WURST ROAD,APPROXIMATELY 175 FEET EAST OF
N. LAKEWOOD AVENUE, 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
+/- 0.17 acres, more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof, from"Orange County" R-2 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 May 11,2021,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 June 15, 2021, 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 +/- 0.17 acres located
within the corporate limits of the City of Ocoee,Florida,is hereby changed from"Orange County"
R-2 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 , 2021.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2021
READ FIRST TIME , 2021.
READ SECOND TIME AND ADOPTED
,2021.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2021.
SHUFFIELD LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
NORTH OCOEE ADDITION NO 1 0/68 LOT 12 BLK 12, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
Exhibit B
Location Map
i2t Avenue
i3thAenue
q Wurt Road
i 15th Avenue
16th Aven6e
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