HomeMy WebLinkAboutItem 11 First Reading of Ordinance for Amaran Property at 403 2nd Street – Annexation & Rezoning; Project No(s): AX-06-21-20 & RZ-21-06-24``%
OCOPP
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AGENDA ITEM COVER SHEET
Meeting Date: August 3, 2021
Item #:
Reviewed By:
Contact Name: Gregory Hines, Planner I Department Director
Contact Number: 407-554-7086 City Manager:
Subject: 403 2"d Street — Amaran Property
Annexation and Rezoning
Project No(s): AX-06-21-20 & RZ-21-06-24
Commission District #2 — Rosemary Wilsen
MichaelYA/ *0
Robert
Background Summary:
General Location: The parcel is located on the east side of 2nd Street, 187 feet north of E. Silver Star
Road.
Parcel Identification Number(s): 17-22-28-0000-00-043
Property Size: +/- 0.39 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 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 / R-1
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 / Low -Density Residential
City of Ocoee / 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 to 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 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 1.1 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 will be bordered by the City of Ocoee to the south, east, and
west. 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 R-I (Single Family Dwelling District) to City of Ocoee R-1A (Single -Family Dwelling) of the
property identified as Parcel ID 17-22-28-0000-043?
Development Review Committee Recommendation:
On Tuesday, June 29, 2021, the DRC met 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 Amaran 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 17-22-28-0000-00-
043.
Staff Recommendations:
Based on the above analysis and the subsequent DRC recommendation, staff recommends that the
Honorable IMayor and City Commission approve the ordinances for Annexation and Rezoning for the
Amaran Property assigned Parcel ID 17-22-28-0000-00-043.
Attachments:
Feasibility Report
Annexation Ordinance
Rezoning Ordinance
Location Map
Zoning Map
Future Land Use Map
Aerial
Fiinanjiiallm act:
None
Type of Item: (please mark with an 'Y)
[I
Public Hearing For Clerk's Dept Use:
N
Ordinance First Reading ❑ Consent Agenda
El
Ordinance Second Reading 0 Public Hearing
El
Resolution Ej Reguiar Agenda
El
Commission Approval
❑
Discussion & Direction,
❑
Original Document/Contract Attached for Execution by City Clerk
E
Original Document/Contract Heid by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
R
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER($): AX-06-21-20 & RZ-21-06-24
APPLICANT NAME: PEDRO AMARAN
PROJECT NAME: AMARAN PROPERTY - 4,03 2 ND STREET
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 Michael Rumer, City Planner
A. Applicant/Owner
1 1. Owner (if different from Applicant): Amaran Pedro
B. Property Location
1.
General Location:
The subject properties are located on the east side of
2nd Street and approximately 187 feet north of the, W
Silver Star Road.
2.
Parcel Identification Numbers:
17-22-28-0000-00-043
3.
Street Addresses:
403 2nd Street
4.
Size of Parcels:
Total +/- 0.39 acres
C. Use Characteristics
1. Existin Use:
Single -Family Dwelling
2. Proposed Use:
Single -Family Dwelling
3. Density / Intensity:
One Single -Family Dwelling
-4. Projected Population:
3
D. Zoning and Land Use
1. Orange County Future Land Use: Low Density Residential
2. Orange County Zoning: R-1
3. ExistingOcoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: R-1
E. Consistency
11. Joint Planning Area Yes
12. Comprehensive Plan: Yes
11. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time:
4 minutes
2. Distance to Property:
2 miles
3. Fire Flow Requirements:
N/A
Page 1 of 3
[ :IV:::: :EC:(
Applicant Name: Pedro Amaran — 403 2nd Street
Project Name: Amaran Property — 403 2nd Street
Annexation & Rezoning
Case #: 0,6-21-20, RZ-21-06-24
.ICE DEPARTMENT Scott Nylander, Lieutenant
1. Estimated Response Time:
I minute
2. Distance to Prope1ty:
Approx. 2 miles
3. Police Patrol Zone / Grid / Area:
Zone I / Grid 105
4. Average Travel Time:
4 minutes
)NOMIC VALUE
Michael burner, City Planner
1.
Property Appraiser Taxable Value:
$164,713
2'.
Property Appraiser Just Value
$131,589
3.
Estimated City Ad Valorem Taxes:
$724
4.
Anticipated Licenses & Permits:
Unknown
5.
Potential Impact Fees:
N/A
6.
Total Project Revenues:
Unknown
I V. BUILDING DEPARTMENT Michael Ruiner, City Planner I
1. Within the 100-vear Flood Plain: I No
Fvi. UTILITIES Milen Womack, Development:E:=ng=ineer
+ —;n* BE=
11.
In Ocoee Service Area:
Yes
2.
City Capable of Serving Area:
Potable Water
3.
Extension Needed:
No
4.
Location and Size of
Nearest Water Main:
Existing City Service
B. Sanitary Sewer
1.
In Ocoee Service Area:
Yes
2. �Cit
�Caab�leof Serving Area:
No
3.
Extension Needed:
Yes
4.
Location and Size of
Nearest Force Main:
Six Inch Force on Silver Star
5.
Annexation Agreement Needed:
No
1.
Utility Easement Needed:
No
2.
-
Private Lift Station Needed:
No
3.
Well Protection Area Needed:
No
Page 2 of 3
Applicant Name: Pedro Amaran — 403 2nd Street
Project Name: Amaran Property — 403 2nd Street
Annexation & Rezoning
Case M. 06-21-20, RZ-21-06-24
NNSPORTATION Michael Rumer, City Planner
1. Paved Access:
Yes
2. ROW Dedication:
No
3. Traffic�Stud :
No
4. Traffic Analysis Zone:
568
VIII. PRELIMINARY CONCURRENCY
EVALUATION Michael Rumer, City Planner
At this time, adequate transportation capacity exists,
A. Transportation:
At this time, adequate park/recreation capacity exists; however, this condition
B. Parks I Recreation:
may change and will be subject to a concurrency evaluation during the
subdivision plan approval process.
At this time, adequate water and sewer capacity exists; however, this
C. Water Sewer:
condition may change and will be the subject to a concurrency evaluation
during the subdivision plan approval process.
The applicant will be required to handle the stormwater on -site, according to
D. Stormwater:
the City Code and the regulations of the St. John's River Water Management
District,
The applicant will be required to handle the stormwater on -site, according to
E. Solid Waste:
the City Code and the regulations of the St. John's River Water Management
District.
F. Impact Fees:
Actual impact fees will be calculated during issuance of a Building Permits.
Lots are vested from concurrency,
G. Public School
I IX. SITE SPECIFIC ISSUES Michael Rumer, City Planner I
Both lots are undeveloped.
I X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner
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• 403 211d Street — Ainaran Property)
CASE NO. AX-06-21-20: 403 21111 Street — Arnaran Property Annexation
AN ORDINANCE OF THE CITY OF OCOE'E, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.39
ACRI','S LOCATED ON THE, FAST SIDE OF 2 ND STREET, 187 FEET
NORTH OF E. SILVER STAR 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 -+/- 0.39 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, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section L 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
arinex 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 HEIU-'.TO AND BY THIS
REFS RE NCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the armexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
Section 5. CONSISTENCY FINDING. The Ocoee City COD111-fission 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. CO10ORATE 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 irdiabitants 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
ATTEST:
day of 12021,
APPROVED:
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 202 1, UNDER AGENDA
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF 32021
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attortiey
EXHIBrr "A"
LEGAL DESCRIPTION
THE NORTH 130.25 FEET OF THE SOUTH 356.35 FEET OF THE EAST V20F THE
SOUTHEAST'/4 0F THE NORTHEAST V4 OF SECTION 17, TWONSHIP 22 SOUTH,
RANGE 28 EAST, LESS THE EAST 500 FEETTHEREOF AND LESS THE WEST 30 FEET
THEREOF, SITUATED, LYING AND BEING IN ORANGE COUNTY, FLORIDA.
ORDINANCE O. 2021-
(Rezoning Ordinance for 403 21Ud Street — Arnaran Property)
TAX PARCEL ID: 17-22-28-0000-00-043
CASE NO. RZ-21-06-24: 403 2"" Street — Arnaran Property Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1,
"RESIDENTIAL DISTRICT" TO CITY OF OCOEE R-1A, "SINGLE-
FAMILY DWELLING" ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/- 0.39 ACRES LOCATED ON THE EAST SIDE OF
2 ND STItE, ET, 187 FEET NORTH OF E. SILVER STAR 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 Corninission 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
0.39 acres, more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof, from "Orange County" R- I to "City of Ocoee" R- I A; 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 Commission 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 nova 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 Statuutes.
NOW, THERE FORE, III-0. IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOLE, 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. RI+,ZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in. Exhibit "A" containing approximately +/- 0.39 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County"
R-1 to "City of Ocoee" R-I A. A neap of said land herein described which clearly shows the area
of the Rezoning is attached hereto as Exhibit "II" 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.
ATTEST:
day of —, 2021.
Melanie Sibbitt, City Clerk
(SEAL)
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 Attoniey
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED 2021
READ FIRST TIME 2021.
READ SECOND TIME AND ADOPTED
, 2021.
IMMI-10KIM's
THE NORTH 130.25 FEET" OF THE SOUTH 356.35 FEET OF THE EAST'/2IMF THE
SOUTHEASTV40F THE NORTHEAST 1/40F SECTION 17, TWONSHIP 22 SOUTH,
RANGE 28 EAST, LESS THE EAST500 FEET THEREOF AND LESS THE WEST 30 FEET
'THEREOF, SITUATED,, LYING AND BEING IN ORANGE COUNTY, FLORIDA,
Exhibit B
Location Map
----------
Na -Venue
Q)
E Silver Star Road
pia a
Amaran Property - 403 2nd Street
Surrounding Zoning Map
OCOPP
fl.,Ida
Development Services
Department
0 100 200 400
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)
4 'r Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
%/ Unclassified
Amaran Property - 403 2nd Street
Surrounding Future Land Use Map
j
OCOP_P
❑.,Itl.
Development Services
Department
0 87.5 175 350
Feet
Created: July 2021
QSubject Property
Future Land Use Classification:
Low Density Residential (LDR)
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)
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