HomeMy WebLinkAboutItem #05 a.b. City Property - Future Retention Pond - Wurst Road`` X 3.001 ,
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 17, 2013
Item # 5
Contact Name:
Contact Number:
Michael Rumer -M n
Reviewed By:
Department Director:
City Manager:
(407) 905 -3100 x 1018
Subject: City Property - Future Retention Pond Wurst Road - Annexation and Rezoning
Project # AX -11 -13-43 / RZ- 13 -11 -11
Commission District #1 -John Grogan
ISSUE:
Should the Honorable Mayor and City Commission approve the annexation and Initial Zoning (A -1) of a parcel
of land owned by the City of Ocoee consisting of 1.13 +/- acres?
BACKGROUND:
General Location The subject property is located on the south side of Wurst Road and adjacent to the railroad
right -of -way, 250 feet west of the intersection of Wurst Road and A.D. Mims Road.
Parcel Identification Number(s): 09- 22 -28- 0000 -00 -007
The City of Ocoee is requesting the annexation of a parcel of land totaling 1.13 ± acres and an initial zoning
from Orange County "A -1" to the City of Ocoee "A -1 ". The parcel is vacant and does not contain public access.
The City is anticipating using the parcel as a right -of -way retention pond when future upgrades are made to
Wurst Road.
The future land use & requested initial zoning classification of the subject property:
The current future land use and zoning classifications of the surrounding properties:
DIRECTION:
CURRENT
PROPOSED
Jurisdiction /Future Land Use-
Orange County / Low Density
City of Ocoee / Low Density
Joint Planning Area Land Use
Residential
Residential
Classification
(@ Less than 4 dwelling units /acre)
(@ Less than 4 dwelling units /acre
Jurisdiction /Zoning
Orange County / "A -1"
City of Ocoee / "A -1"
Classification
"Agriculture"
"Agriculture"
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 / "C -2"
East
CSX Rail Road
CSX Rail Road
South
CSX Rail Road
CSX Rail Road
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 an individual enclave
located within the City limits.
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. City staff is concurrently
requesting rezoning of the property to A -1 (Agriculture). Orange County has been notified of this petition in
accordance with Section 171.044(6) FS and Subsection 13 -A of the City of Ocoee - Orange County Joint
Planning Area Agreement.
Rezoninq City staff has requested a City of Ocoee zoning designation of A -1 (Agriculture), which is consistent
with the zoning of the adjacent properties. According to the Land Development Code, the A -1 zoning
designation is intended for areas shown on the Future Land Use Map as "Low Density Residential ". The A -1
zoning designation is consistent with the adopted future land use designation of Low Density Residential, as
shown on the City of Ocoee & Orange County Joint Planning Area future land use map.
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) Because the property is an individual
enclave in the City, it 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. The land use and initial zoning are also consistent and
compatible with surrounding properties.
RECOMMENDATIONS:
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
The DRC meeting was held on December 10, 2013. The Development Review Committee voted unanimously
to recommend approval of the annexation and initial zoning to A -1.
PLANNING AND ZONING COMMISSION (LPA)
The Planning and Zoning Commission is scheduled to meet on Tuesday, December 10, 2013. The
Recommendation will be provided at the Commission meeting.
STAFF
Based on the above analysis, Staff recommends that the Honorable Mayor and City Commission, approve the
Ordinance for Annexation of the +/- 1.13 acre parcel of land and approve the ordinance for an Initial Zoning
classification of "A-1".
2
Attachments:
Annexation Feasibility Analysis
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Ordinance For Annexation
Ordinance for Rezoning
Financial Impact:
N/A
Type of Item: (please mark with an 'V)
Public Hearing
X_ Ordinance First Reading
Ordinance Second Reading
Resolution
_ 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 O
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
3
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX- 11 -13 -43 & RZ- 13 -11 -11
APPLICANT NAME: City of Ocoee
PROJECT NAME: OCOEE FUTURE RETENTION POND ANNEXATION AND REZONING
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
A. Applicant/Owner
1. Owner (if different from Applicant): Citv of Ocoee
B. Property Location
1.
General Location:
West side of 3rd Street and approximately 170 feet
north of the intersection of 3 I Street and E Silver Star
Road.
2.
Parcel Identification Numbers:
09- 22 -28- 0000 -00 -007
3.
Street Addresses:
424 3rd Street
4.
Size of Parcels:
+/- 1.13 acres
C. Use Characteristics
1.
Existin Use:
Vacant
2.
Proposed Use:
Retention Pond
3.
Density / Intensity:
N/A
4.
Projected Population:
0
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:
A -1
E. Consistencv
1.
Joint Planning Area
Yes
2.
Comprehensive Plan:
Yes
II. FIRE DEPARTMENT Chief Pete McNeil
1. Estimated Response Time:
2 Minutes
2. Distance to Property:
Approx. 1 mile
3. Fire Flow Requirements:
N/A
III. POLICE DEPARTMENT Deputy Chief
Ted Silberstein
1. Police Patrol Zone / Grid / Area: Zone 5 / Grid 152
2. Estimated Response Time: 4 minute for emeraencies
Page 1 of 3
Applicant Name: City of Ocoee
Project Name: Ocoee Future Retention Pond Annexation and Rezoning
Case #: AX- 11 -13 -43 & RZ- 13 -11 -11
3.
Distance to Property:
Distance from Police Station is Approx. 5 miles.
4.
Average Travel Time
8 minute normal drive time
IV. ECONOMIC VALUE Michael Rumer
1. Property Appraiser Taxable Value: 1 $28,250
2.
Property Appraiser Just Value
$0
3.
Estimated City Ad Valorem Taxes:
$0
4.
Anticipated Licenses & Permits:
N/A
5.
Potential Impact Fees:
N/A
6.
Total Project Revenues:
N/A
V. BUILDING DEPARTMENT Michael Rumer
1. Within the 100 -vear Flood Plain: NO (FEMA 2009)
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1.
1. In Ocoee Service Area:
Yes
2.
2. City Capable of Serving Area:
Yes
3.
3. Extension Needed:
No
4.
4. Location and Size of
Nearest Water Main:
16" water main on the western edge of property line.
B.
C
Sanitary Sewer
1. Utility Easement Needed:
1.
In Ocoee Service Area:
Yes
2.
City Capable of Serving Area:
Yes
3.
Extension Needed:
No
4.
Location and Size of
Nearest Force Main:
N/A
5.
Annexation Agreement Needed:
No
Other
1. Utility Easement Needed:
No
2. Private Lift Station Needed:
No
3. Well Protection Area Needed:
No
Page 2 of 3
Applicant Name: City of Ocoee
Project Name: Ocoee Future Retention Pond Annexation and Rezoning
Case #: AX- 11 -13 -43 & RZ- 13 -11 -11
VII.
VIII
TRANSPORTATION Michael Rumer
1. Paved Access:
Yes
2. ROW Dedication:
No
3. Traffic Study:
No
4. Traffic Analysis Zone:
567
. PRELIMINARY CONCURRENCY
EVALUATION Michael Rumer
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:
N /A.
E.
Solid Waste:
No impact fees will be assessed.
F.
Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
The subject parcel is vacant. No development proposal is planned at this time. The Applicant
has requested annexation into the City limits mainly for potable water connection.
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer
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
Ocoee Future Pond Property
Location Map
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ORDINANCE NO.
(Annexation Ordinance — City Property Future Retention Pond Wurst Road)
TAX PARCEL 1D #s 09- 22 -28- 0000 -00 -007
CASE NO. AX- I1- 13 -43:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.13
ACRES LOCATED ON THE SOUTH SIDE WURST ROAD AND AJACENT
TO THE RAIL ROAD RIGHT -OF -WAY, APPROXIMATELY 250 FEET
WEST OF THE INTERSECTION OF WURST ROAD AND AD MIMS
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, AND THE JOINT PLANNING AREA
AGREEMENT; 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 or owners of
certain real property located in unincorporated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission ") to annex approximately 1.13 acres of property as more particularly described in
Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said application 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 Code of Ordinances of the City of Ocoee (the "Ocoee City Code "); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real
property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has
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, to be consistent with
the JPA Agreement, 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 owner 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 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" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
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 4. 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 and
the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the JPA Agreement, 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 and directed 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. Conflicting Ordinances All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 10. 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 11. Effective Date This Ordinance shall take effect 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 and the Chief Administrative Officer of Orange County,
Florida and with the Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this day of
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
. 2013
ADVERTISED AND
READ FIRST TIME ' 2013.
READ SECOND TIME AND ADOPTED
, 2013 UNDER
AGENDA ITEM NO.
EXHIBIT "A"
-4-
EXHIBIT "B"
[Insert Map of Annexed Area]
-J-
ORDINANCE NO.
(Rezoning Ordinance - City Property Future Retention Pond Wurst Road)
TAX PARCEL ID # 09- 22 -28- 0000 -00 -007
CASE NO. RZ- 13- 11 -11:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY A -1, "LOW
AGRICULTURE" TO OCOEE A -1, "AGRICULTURE," ON CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY 1.13 ACRES ON
THE SOUTH SIDE WURST ROAD AND AJACENT TO THE RAIL ROAD
RIGHT -OF -WAY, APPROXIMATELY 250 FEET WEST OF THE
INTERSECTION OF WURST ROAD AND AD MIMS ROAD; PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; 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 or owners (the "Applicant") of certain real property located within
the corporate limits of the City of Ocoee. Florida, as hereinafter described, have 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
1. 13 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County A- I, "Agriculture, " to Ocoee A -1, "Agriculture; 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 Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted
September 18. 1991, as amended (the "Ocoee Comprehensive Plan "); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a .loint
Planning Area Agreement which has been amended from time to time (the - JPA Agreement');
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the
authority to establish zoning for the real property hereinafter described and to immediately exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City of Ocoee (" PZC"");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice
thereof with respect to the Rezoning; 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 1. 13 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -1,
"Agriculture," to Ocoee A -1, "Agriculture; "
SECTION 3. MAP A map of said land herein described, which clearly shows the area
of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JPA Agreement.
SECTION 5. 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-I(G) of Article V of Chapter 180 of the
Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of ordinances
in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 R_
passage and adoption.
EFFECTIVE DATE This Ordinance shall take effect immediately upon
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
day of
APPROVED:
, 2 013.
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2013
READ FIRST TIME , 2013.
READ SECOND TIME AND ADOPTED
, 2013 UNDER
AGENDA ITEM NO.
EXHIBIT "A"
EXHIBIT "B"
[Insert Map of Rezoned Area]