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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 florida 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) MENEM VA k r •. �fi �4c tt R , n N x MMMMZ� Feet Ilk-