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Home My WebLink AboutItem 09 First Reading of Ordinance for 413 Whittier Avenue - Phat An Temple Inc. Property - Annexation & Rezoning; Project No(s). AX-01-23-02 & RZ-23-01-020 C 0 Florida STAFF REPORT Meeting Date: March 21, 2023 Item #: 9 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: First Reading of Ordinance for 413 Whittier Avenue - Phat An Temple Inc. Property - Annexation & Rezoning; Project No(s). AX-01-23-02 & RZ-23-01-02. {Zoning Manager Whitfield} Background Summary: Owner/Applicant: Phat An Temple, Inc. 1 Ty Ho General Location: The property is located in Commission District 2 on the east side of Whittier Avenue, beginning approximately 325 feet north of State Road 438. Property Size and Parcel I No.: The property contains approximately 0.16 acres and is assigned parcel identification number 17-22-28-3624-01-150. Existing Site Conditions: The table below summarizes the existing conditions of the property. Current Future Land Use Current Existing Land Overlays/Unique Features (FLU) Map Designation Zoning District Use Low Density Residential (4 units R-1 Vacant NIA per acre) The property is surrounded by the following: jurisdictions, Future Land Use Map designations, zoning districts, and land uses. Direction Jurisdiction FLUM Designation Zoning District Existing Land Use North County Low Density Residential R-1 Single Family Dwelling South City Professional Offices & Services Unclassified Single Family Dwelling East City Low Density Residential R-1 Single Family Dwelling West County Low Density Residential R-1 Single Family Dwelling City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Phone: (407) 905-3100 - www.ocoee.org Page 108 of 146 Proposed Site Conditions: The table below summarizes the applicant's request and potential development on the subject property. Proposed FLUM ❑esignation Proposed Zoning District Proposed Use Proposed Development Standards NIA (Site remains LDR) City R-1 Single Family Dwelling Conventional R-1 standards Consistency with Florida Statutes: With respect to the proposed annexation, Section 171.044, Florida Statutes (F.S.), grants municipalities the authority to annex contiguous, compact, non -circuitous territory s❑ long as it does not create an enclave. The subject property is bordered on the east and south by the City's jurisdictional limits and, as such, is contiguous to the City and does not create an enclave. Instead, it furthers the City's efforts to reduce existing enclaves within the city limits. Consistency with JPA Agreement: The property is located within the Ocoee -Orange County Joint Planning Area (JPA) Agreement, and the proposed annexation and zoning classification are consistent with the terms ❑f the JPA Agreement. Consistency with Adopted Comprehensive Plan: The annexation is consistent with Future Land Use Element (FLUE) Policy 2.5, which requires the City to consider requests for voluntary annexation 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. The proposed R-1 zoning classification is consistent with FLUE Policy 1.15, which stipulates that the City may assign an initial zoning after annexation in a manner that is consistent with both the Future Land Use Map and the JPA Agreement. Access: Access will continue to be via Whittier Avenue. Utilities: The property owner has requested water service from the City. City water service is available from an existing 4" potable water line ❑n the west side of Whittier Ave. After the annexation has been executed and recorded with Orange County, the Utilities Department will begin the design and permitting process to bring water service to the property. The water service installation for this property will require an Orange County right-of-way permit which will increase turnaround time. No sewer lines are available, and the property will be served by a private septic system. Transportation: No issues are anticipated as the property is entitled to have one (1) single family dwelling. Stormwater: NIA Schools: N/A Public Safety: Fire service is available within 2.1 miles of the property and can be provided within a five (5) minute response time at a 750 g p m water flow. Police service is available within 3.6 miles (Policy Patrol Zane 5) within a 10-m1nute response time for non -emergency services. An Annexation Feasibility & Public Facilities Analysis Report was completed for this property. See attached document for complete report. Issue: Should the Honorable Mayor and City Commissioners approve proposed ordinances for the Annexation and Rezoning from Orange County R-1 (Single Family Residential ❑istrict) to City of Ocoee R-1 (Single Family ❑welling ❑istrict) of the Phat An Temple, Inc., property located at 413 Whittier Avenue? City of Ocoee • 1 N. Bluford Avenue • Ocoee, Florida 34761 Phone: (407) 905-31 DO • www.ocoee.org Page 109 of 146 Recommendations: Development Review Committee Recommendation: The Development Review Committee (DRC) met on Tuesday, February 7, 2023, to consider the application for annexation and rezoning. Upon a finding of consistency with the City's regulations and policies and the terms of the City of Ocoee -Orange County Joint Planning Area (JPA) Agreement, the ❑RC made a recommendation of approval of the proposed Annexation and Rezoning from Orange County R-1 (Single Family Residential District) to City of Ocoee R-1 (Single Family ❑welling ❑istrict) for the Phat An Temple Property located at 413 Whittier Avenue. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), considered this item at its February 14, 2023 hearing and, identifying no issues, made a recommendation of approval of the proposed Annexation and Rezoning from Orange County R-1 (Single Family Residential District) to City of Ocoee R-1 (Single Family ❑welling ❑istrict) for the Phat An Temple Property located at 413 Whittier Avenue. Staff Recommendation: Staff recommends that the City Commission approve the proposed Annexation and Rezoning from Orange County R-1 (Single Family Residential ❑istrict) to City of Ocoee R-1 (Single Family ❑welling ❑istrict) for the Phat An Temple Property located at 413 Whittier Avenue. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Zoning Map 5. Annexation and Rezoning Feasibility Report 6. Annexation Ordinance 7. Rezoning Ordinance Financial Impacts: None Type of Item: First Reading City of Ocoee • 1 N. Bluford Avenue • Ocoee, Florida 34761 Phone: (407) 905-31 DO • www.ocoee.org Page 110 of 146 413 Whittier Avenue Location Map .00 L 4Z L VJ � O 3r 'Iv to oad LA YMPIA e Page 111 of 146 It _ o W-77F !!, p LL 0 C3 F { LO o 41 m j aaa;S PYZ w Oil CL owl- -71 g i L = anuan Jai L Nj - s x CM W4 r ; ML • . 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PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager A. Applicant/Owner 1. Owner (if different from Applicant): Phat An Temple, Inc. (Represented by Ty Ho) C C. Property Location 1. General Location: The property is generally located on the east side of Whittier Avenue, beginning approximately 325 feet north of State Road 438. 2. Parcel Identification Number: 17-22-28-3624-01-150 3. Street Addresses: 413 Whittier Avenue 4. Size and Number of Parcels: 0.16 acres (1 parcel) Use Characteristics 1. Existing Use: Vacant 2. Proposed use: Single-family dwelling 3. Density/ Intensity: 4. Projected Population: NIA D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: R-1 3. Existing Ocoee Future Land Use: Low Density Residential per JPA FLUM 4. Proposed Ocoee Zoning: R-1 E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: I Yes Lo- FIRE DEPARTMENT 1. Estimated Response Time: Less than 5 min 2. Distance to Property: 2.1 miles 3. Fire Flow Requirements: 750 gpm 30LICE DEPARTMENT 1. Police Patrol Zone 1 Grid 1 Area: 5 2. Estimated Response Time: 10 mins 3. Distance to Property: 3.6 miles 3. Average Travel Time 10 mins Page 1 of 3 Page 115 of 146 IV. Applicant Name: Ty Ho Project Name: 413 Whittier Ave - Phat An Temple, Inc. Annexation & Rezoning Case #: AX-01-23-02 & RZ-23.01-02 ECONOMIC VALUE Anoch Whitfield, Zoning Manager 1. Property Appraiser Market Value: $60,000 (as vacant land in County) 2. Property Appraiser Taxable Value $60,000 as vacant land in Count 3. Estimated City Ad Valorem Taxes: TBD 4. Anticipated Licenses & Permits: TBD 5. Potential Impact Fees: TBD 6. Total Project Revenues: TBD V. PUBLIC WORKS DEPARTMENT 1. Within the 100-near Flood Plain: No VI. UTILITIES Jennifer Bolling, Engineering Man A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: 3. Extension Needed: 4. Location and Size of Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: No 2. City Capable of Serving Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation Agreement Needed: Other 1. Utility Easement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: VII TRANSPORTATION Anoch Whitfield, Zoning Manager 1. Paved Access: Yes — Whittier Avenue 2. ROW Dedication: Na 3. Traffic Study: No 4. Traffic Analysis Zone: Page 2 of 3 Page 116 of 146 Applicant Name: Ty H❑ Project Name: 413 Whittier Ave - Phat An Temple, Inc. Annexation & Rezoning Case #: AX-01-23-02 & RZ-23-01-02 fill. PRELIMINARY CONCURRENCY EVALUATION A. Transportation: B. Parks 1 Recreation: C. Water/ Sewer: D. Stormwater: E. Solid Waste: F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager Page 3 ❑f 3 Page 117 of 146 ORDINANCE NO.2023- (Annexation Ordinance for 413 Whittier Avenue — Phat An Temple, Inc. Property) TAX PARCEL ID: 17-22-28-3624-01-150 CASE NO. AX-01-23-02: 413 Whittier Avenue — Phat An Temple, Inc. Property 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 0.16 ACRES LOCATED ON THE EAST SIDE OF WHITTIER AVENUE, BEGINNING APPROXIMATELY 325 FEET NORTH OF STATE ROAD 438, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATE OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; AND 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 0.16 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), Article V, Land Development Code of the City of Ocoee (the "Code"); and WHEREAS, on February 14, 2023, 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 Page 118 of 146 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. Page 119 of 146 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 , 2023. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2023 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney ADVERTISED AND READ FIRST TIME , 2023 READ SECOND TIME AND ADOPTED ITEM NO. 2023, UNDER AGENDA Page 120 of 146 EXHIBIT "A" LEGAL ❑ESCRIPTION PARCEL ID NO.: 17-22-28-3624-61-150 HILLCREST HEIGHTS Ml98 LOT 15 BLK A Page 121 of 146 EXHIBIT "B" LOCATION MAP 413 Whittier Avenue Location Map IR6 "Imp N Page 122 of 146 ORDINANCE NO.2023- (Rezoning Ordinance for 413 Whittier Avenue — Phat An Temple, Inc. Property) TAX PARCEL ID: 17-22-28-3624-01-150 CASE NO. RZ-23-01-02: 413 Whittier Avenue — Phat An Temple, Inc. Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO CITY OF OCOEE R-1 (SINGLE FAMILY DWELLING DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.16 ACRES LOCATED ON THE EAST SIDE OF WHITTIER AVENUE, BEGINNING APPROXIMATELY 325 FEET NORTH OF STATE ROAD 438, 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; AND 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 0.16 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-1 to City of Ocoee R-1; and WHEREAS, pursuant to Section 5-9(B), Article V of the Land Development Code 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 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 review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"), acting as the Local Planning Agency; and WHEREAS, on February 14, 2023, 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 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 Page 123 of 146 City Commission find the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on April 18, 2023, 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 0.16 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-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 Ocoee City Commission hereby finds the Rezoning of the land 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 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. Page 124 of 146 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 32023. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OGEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2023. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney Rusty Johnson, Mayor ADVERTISED , 2023 REAR FIRST TIME , 2d23. READ SECOND TIME AND ADOPTED 12023. UNDER AGENDA ITEM NO. Page 125 of 146 EXHIBIT "A" LEGAL ❑ESCRIPTION PARCEL ID NO.: 17-22-28-3624-01-150 HILLCREST HEIGHTS Ml98 LOT 15 BLK A Page 126 of 146 EXHIBIT "B" LOCATION MAP 413 Whittier Avenue Location Map IR6 "Imp N Page 127 of 146