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HomeMy WebLinkAboutItem 10 First Reading of Ordinance for Linzey Property at 5024 Adair Street – Annexation & Rezoning; Project No(s): AX-06-21-19 & RZ-21-06-23AGENDA ITEM COVER SHEET Meeting Date: August 3, 2021 Item #: 10 Reviewed By: Contact Name: Gregory Hines, Planner I Department Director: Contact Number: 407-554-7086 City Manager: Subject: 5024 Adair Street — Linzey Property Annexation and Rezoning Project No(s): AX-06-21-19 & RZ-21-06-23 Commission District #1 — Larry Brinson, SR. Background Summary: General Location: The property is generally located approximately 1075 feet south of Clarcona Ocoee Road at the southwest corner of the intersection of Adair Street and 4th Avenue. Parcel Identification Number(s): 05-22-28-6052-08-010 Property Size: +/- 0.38 acre. 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 as agreed upon in the intent to annex agreement for water service. The future land use classification of the subject property is as follows: CURRENT PROPOSED Jurisdiction/Future Land Use -Joint Planning Area Land Use Classification Orange County/Low Density Residential (Up to 4 units/acre) City of Ocoee/Low Density Residential (Less than 4 units/acre) The current future land use and zoning classifications of the surrounding properties are as follows: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Orange County / Low -Density Residential Orange County / A-1 East City of Ocoee / Low -Density Residential City of Ocoee / R-1 South Orange County / Low -Density Residential Orange County / A-1 West Orange County / Low -Density Residential Orange County/ 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 create an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property to the east. 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 outliined in the proposed JPA Agreement, Rezoning: The parcel will, receive an R-1 (Single -Family Dwelling) zoning classification 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." Annexation Feasibility & Public Facilities Analysis Report (See attached): The property is located within the Ocoee -Orange County JPA area and will be bordered by the City of Ocoee to, the east. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. 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 A-1 (Citrus Rural District) to City of Ocoee R-1 (Single -Family Dwelling) of the property identified as Parcel ID 05-22-28-6052-08-010? Development Review Committee Recommendation: On Tuesday, June 29, 2021, the DRC imet to determine if the proposed annexation and rezoning were consistent with the City's regulations and policies. The DRC voted unanimously to recommend approval of the annexation and rezoning, for the Linzey Property. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) met on July 13, 2021 to review the proposed Annexation and Rezoning. No issues or concerns were raised, and the Planning and Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning for Parcel ID 05-22-28-6052-08- 010. 2 Staff Recommendations: Based on the above analysis and the subseq,uent DRC recommendation, staff recommends that the Honorable Mayor and City Commission, approve the ordinances for Annexation and Rezoning for the Linzey Property assigned Parcel ID 05-22-28-6052-08-010. Attachments: Feasibility Report Annexation Ordinance Rezoning Ordinance Location Map Zoning Map Future Land Use Map Aerial Type of Item: (please mark with an 'Y) * Public Hearing For Clerk's Dopt Use: * Ordinance First Reading El Consent Agenda Ll Ordinance Second Reading EJ Public Hearing 0 Resolution ❑ Regular Agenda ® Commission Approval 0 Discussion & Direction El Original Doc urnent/Con tract Attached for Execution by City Clerk 0 Original D ocurnent/Con tract 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-06-21-19 & RZ-21-06-23 APPLICANT NAME: PROJECT NAME: 5024 ADAIR STREET - LINZEY 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. G. Property Property Location [1. Location,: The property is generally located approximately 1075 feet south of Clarcona Ocoee Road at the southwest corner of the intersection of Adair Street and 4th Avenue. 2. Parcel Identification Number: 05-22-28-6052-08-010 -3. Street Addresses: 5024 Adair Street -4. Size of Parcels: 0.38 acres 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 11. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal 1. Estimated Response'Tiime: 43minutes 2. Distance to Property: Distance from Station #4 (N. Clarke Road) is 2 miles 3. Fire Flow Requirements: 300 gpm Fu- DOLICE DEPARTMENT Lt. Scott Nylander, Police 1. Police Patrol' Zone / Grid / Area: 5 2. Estimated Response Time: 13 mins 3. Distance to Property: 3.9 miles 3. Average Travel Time 13 minutes ga�� FM- Applicant Name: Christopher Linzey — 5024 Adair Street Project Name: 6024 Adair Street — Lin,zey Property Annexation & Rezoning Case #: AX-06-21-19 & RZ-21-06-23 =-CONOMIC VALUE Gregory Hines, Planner I 1. Property Appraiser Taxable Value: $354,757 2. Property Appraiser Just Value $516,619 3. Estimated City Ad Valorem Taxes: $1862.47 4. Anticipated Licenses & Permits: N/A 6. Potential Impact Fees: N/A .6,. Total Project Revenues: N/A V. BUILDING DEPARTMENT Gregory Hines, Planner I 1 1. Within the 100-near Flood Plain: No (FIRM Man Number 12095CO220F) V1. UTILITIES Jen Bolling, Engineering MapAger A. Potable Water I. In Ocoee Service Area: Yes 2, City Capable of Serving Area: Yes A. Extension Needed: No 4. Location and Size of Nearest Water Main: 10" Watermain on the East side of Adair St 12" Watermain along the Northern (Property line of John I Vignetti Park FIF 3. Sanitary Sewer 1. In, Ocoee Service Area: Yes 2. City Capable of Serving Area: No -3. Extension Needed: Yes 4. Location and Size of Nearest Force Main: 2" Force main from LS 35 in John Vignetti Park -5. Annexation Agreement Needed: No . . ......... C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No, 0 TRANSPORTATION Gregory Hines, Planner I -1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 563 Page 2 of 3 FI[ Applicant Name: Christopher Linzey — 5024 Adair Street Project Name: 5024 Adair Street — Linzey Property Annexation & Rezoning Case M AX-06-21-19 & RZ-21-06-23 fIII. PRELIMINARY CONCURRENCY EVALUATION Gregory Hines, Planner I At this time, adequate transportation capacity exists. A. Trams ortaton:. 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: I lX. SITE SPECIFIC ISSUES All C►epartments I X. CONSISTENCY WITH STATE REGULATIONS: Gregory Hines, Planner I 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. ORDINANCE NO. 2021- (Annexation Ordinance for 5024 Adair Street — Limey Property) TAX PARCEL ID: 05-22-28-6052-08-010 CASE NO. AX-06-21-19: 5024 Adair Street — Linzey Property Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLOIUDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.38 ACRES LOCATED 1075 FEET SOUTH OF CLARCONA OCOEE ROAD AT THE SOUTHWEST CORNER OF THE INTERSECTION OF ADAIR STREET AND 4" 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 -4-/- 0.38 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 July 13, 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, Bf,'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 I 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 S. 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 S. 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 of 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 ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY `I DAY OF 2021 SHUFFIELD, LOWMAN & WILSON, P.A. -0 City Attorney day of —, 2021. APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED AND READ FIRST TIME 2021 READ SECOND TIME AND ADOPTED 2021, UNDER AGENDA ITEM NO. EXHIBIT "A" LEGAL DESCRIPTION LOT I & 2, BLOCK 11, OAK LEVEL HEIGHT S, ACCORDING TO TI JE PLAT THEREOF RECORDED IN PLATBOOK L, PAGE 31, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, Exhibit B Location Map jr venue w icaria rive a) �w is- h Avenue -0 . . .......... REAVenue ORDINANCE NO. 2021- (Rezoning Ordinance for 5024 Adair Street — Linzey Property) TAX PARCEL ID: 05-22-28-6052-08-0�10 CASE, NO. RZ-21-06-23: 5024 Adair Street — Linzey Property Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO CITY OF OCOEE R-1, "SINGLE- FAMILY DWELLING" ON CERTAIN fiE AL PROPERTY CONTAINING APPROXIMATELY +/- 0.38 ACRES LOCATED APPROXIMATELY 1075 FEET SOUTH OF CLARCONA OCOEE ROAD AT THE SOUTHWEST INTERSECTION OF ADAIR STREET AND 4T" 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 0.38 acres,, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" A- I to "City of Ocoee" R- 1; and WHEREAS, pursuant to Section 5-9(13) 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 July 13, 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 Conunission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on August 17, 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 V111 of the Constitution of the State of Florida and Chapters 1.63 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 +/- 0.38 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County" A- I 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-l(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTINGIr 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 ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RE' LIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of,_____. .... __, 2021. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorticy 2021. APPROVED: CITY OF OCOEE, FLORIDA Rusty Joluison, Mayor ADVERTISED , 2021 READ FIRST TIME 12021. READ SECOND "TIME AND ADOPTED ,2021. UNDER AGENDA ITEM NO, EXHIBIT 44A)) LEGAL DESCRiPTION LOT I & 2, BLOCK H, OAK LEVEL HEIGHTS, ACCORDING TO THE PLjVfTHEREOF RECORDED IN PLAT BOOK L, PAGE 31, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Exhibit B Location Map (D ;3m venueram► Icaria rive /'Avenue bth Avenue %am Linzey Property - 5024 Adair Street Location M�ap I WRIMUMAHM 'ww" xve OCOPP nand. Development Services Department 0 110 220 440 Feet Created: July 2021 13Subject Property Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing --- & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) M Medium Density (PUD) High Density (PUD) Public Use (PUD) V% Unclassified Linzey Property - 5024 Adair Street Surrounding Zoning Map Road 77 a� L 3d, vep 9 E, 0 CM 0)ff ve u _T th e e u evard enue r re Linzey Property - 5024 Adair Street Surrounding Future Land Use Map OCOC>P_ Development Services Department 0 110 220 440 Feet Created: July 2021 13Subject Property Future Land Use Classification: Low Density Residential (LDR) -Ji_ Medium Density Residential (MDR) High Density Residential (HDR) Professional Offices and Services (PS Commercial (COMM) Light Industrial (LI) Heavy Industrial (HI) Conservation/Floodplains (CONS) Recreation and Open Space (REC) Public Facilities/Institutional (INST) Linzey Property - 5024 Adair Street Aerial Map z ! k t � r LC 0 25 50 100 c✓ Feet