HomeMy WebLinkAboutItem #06 First Reading of Ordinance for Daniel/Ray Property – 11700 West Colonial Drive O(( )(P
Florida
AGENDA ITEM STAFF REPORT
Meeting Date: February 16, 2016
Item # (i7
Reviewed By:
Contact Name: J. Antonio Fabre, AICP Department Director: ' /G—
Contact Number: 407-905-3100/1019 City Manager: -ertn
Subject: Daniel & Ray Property
Annexation and Initial Zoning
Project No(s): AX-08-15-55 & RZ-15-08-08
Commission District#3—Angel de la Portilia
BACKGROUND:
General Location: The subject property is located on the south side of SR 50, approximately 860 feet east of
the 429 Western Beltway.
Parcel Identification Number(s): 30-22-28-0000-00-074, 30-22-28-0000-00-002 & 30-22-28-0000-00-035.
Physical Address: 11700 W. Colonial Drive
Property Size: +1- 6.95 acres
Actual land use, proposed land use and unique features of the subiect property: The site is currently vacant
and undeveloped. The location is within the City's CRA district. The site is also located adjacent to the West
50 Commercial Subdivision. West 50 Commercial Subdivision will facilitate for the extension of services into
the subject site including an existing public roadway (Westrun Road) for access. The applicant is requesting
annexation of the subject site for the future extension of commercial development in that area.
The future land use & requested initial zoning classification of the subiect property:
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/Commercial City of Ocoee/Commercial
Use-Joint Planning Area (FAR 3.0) (FAR 3.0)
Land Use Classification
Jurisdiction/Zoning Orange County/"A-1" City of Ocoee/"C-3"
Classification "Agriculture" "General Commercial"
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-3"
East City of Ocoee/Commercial City of Ocoee/"C-3"
&FDOT/Turnpike SR 91 N/S Ramp &FDOT/Turnpike SR 91 N/S Ramp
South FDOT/Turnpike SR 91 N/S Ramp FDOT/Turnpike SR 91 N/S Ramp
West City of Ocoee/Commercial City of Ocoee/"C-3"
ISSUE:
Should the Honorable Mayor and Commissioners approve the Annexation and the Initial Zoning (C-3) for the
Daniel & Ray Property?
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 bordered by property
located within the City limits on the northern, eastern and western adjacent boundaries.
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. The Applicant
is concurrently requesting rezoning of the property to C-3 (General Commercial). 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.
Rezoning: The Applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial),
which is consistent with the zoning of the properties to the north, east and west. According to the Land
Development Code, the C-3 zoning designation is intended for areas shown on the Future Land Use Map as
"Commercial". The C-3 zoning designation is consistent with the adopted future land use designation of
Commercial, 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....".
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 part of an
enclave in the City it already benefits from City Police and 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.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On January 5, 2016, the DRC met to determine if the proposed annexation and initial zoning was consistent
with the City's regulations and policies. When the discussion was finished, the DRC voted to recommend
approval of the annexation and initial zoning for the Daniel & Ray property.
PLANNING &ZONING COMMISSION (P&Z) RECOMMENDATION:
The Planning and Zoning Commission is scheduled to review and make formal recommendations for the
annexation and initial zoning for the Daniel & Ray Property on February 9, 2016. At the Second and Final
Ordinance Readings, the Staff Report will have a brief summary of the P&Z meeting and their formal
recommendation presented.
STAFF RECOMMENDATION:
Based on the above analysis, DRC and the anticipated P&Z recommendation, Staff recommends that the City
Commission recommend approval of the Annexation of the +/- 6.95 acres parcel of land known as the Daniel
& Ray Property with an Initial Zoning classification of"C-3" General Commercial.
Attachments:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation Ordinance;
Rezoning Ordinance.
Financial Impact:
None.
Type of Item : (please mark with an "x")
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading )( Public Hearing
Resolution Regular Agenda
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 N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-08-15-55 & RZ-15-08-08
APPLICANT NAME: Daniels Veterinary Services, LLC /Tony Ray & Mary I. Ray
PROJECT NAME: Daniel & Ray Property 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 J. Antonio Fabre, AICP
A. Applicant/Owner
1. Owners: Daniels Veterinary Services, LLC /
Tony Ray & Mary I. Ray
B. Property Location
1. General Location: South side of SR 50, approximately 860 feet east of
the 429 Western Beltway.
2. Parcel Identification Numbers: 30-22-28-0000-00-074
30-22-28-0000-00-002
30-22-28-0000-00-035
3. Street Addresses: 11700 W. Colonial Drive
4. Size of Parcels: +/- 6.95 acres
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: Commercial
3. Density/ Intensity: N/A
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County JPA Future Land Use: "Commercial"
2. Orange County Zoning: "A-1" Agricultural
3. Existing Ocoee Future Land Use: "Commercial"
4. Proposed Ocoee Zoning: "C-3" General Commercial
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Chief Miller
1. Estimated Response Time: Less than 5 minutes
2. Distance to Property: 1.2 Miles
3. Fire Flow Requirements: 1000 GPM
Page 1 of 1
OIL
Applicant Name:Daniel/Ray
Project Name:Daniel/Ray Property Annexation and Rezoning
Case#:AX-08-15-55 &RZ-15-08-08
I III. POLICE DEPARTMENT Chief Charlie Brown
1. Police Patrol Zone I Grid /Area: OCPD / D53 / 1344-West 50 Commercial (2)
2. Estimated Response Time: 2 minutes
3. Distance to Property: 1.7 miles
4. Average Travel Time 6 minutes
IV. ECONOMIC VALUE J. Antonio Fabre, AICP
1. Property Appraiser Taxable Value: +/- $914,029.00
2. Estimated City Ad Valorem Taxes: Unknown at this Time.
3. Anticipated Licenses & Permits: N/A
4. Potential Impact Fees: N/A
5. Total Project Revenues: N/A
1 V. BUILDING DEPARTMENT J. Antonio Fabre, AICP
1. Within the 100-year Flood Plain: I No
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes
4. Location and Size of
Nearest Water Main: 12" Water Main in Westrun Road.
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes
4. Location and Size of
Nearest Force Main: 8" Gravity in Westrun Road.
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: In ROW
2. Private Lift Station Needed: No
3. Well Protection Area Needed: N/A
Page 2 of 2
Applicant Name:Daniel/Ray
Project Name: Daniel/Ray Property Annexation and Rezoning
Case#:AX-08-15-55 &RZ-15-08-08
VII. TRANSPORTATION J. Antonio Fabre, AICP
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 519
VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP
A. Transportation: At this time, adequate transportation capacity exists.
B. Parks/ Recreation: At this time, adequate park/recreation capacity exists.
C. Water/ Sewer: At this time, adequate water/sewer capacity exists.
D. Stormwater: At the time of development, the applicant will be required to abate the
stormwater on-site, according to the City Code and the regulations of the St.
John's River Water Management District.
E. Solid Waste: At this time, adequate solid waste capacity exists.
F. Impact Fees: At the time of development, impact fees will be assessed.
IX. SITE SPECIFIC ISSUES All Departments
The site is currently vacant and undeveloped. The site is also located adjacent to the West 50
Commercial Subdivision. West 50 Commercial Subdivision will facilitate for the extension of
services into the subject site including an existing roadway (Westrun Road) for access.
Therefore, the applicant is requesting annexation of the subject site for the future extension of
commercial development in that area.
I X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP
The subject property is contiguous with the City Limits and is essentially an enclave in the City's
jurisdiction; therefore, annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
Daniel / Ray Property Annexation
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ORDINANCE NO. 2016-001
(Annexation Ordinance for Daniel Ray Property)
TAX PARCEL ID: 30-22-28-0000-00-035
30-22-28-0000-00-002
30-22-28-0000-00-074
CASE NO. AX-08-15-55: Daniel Ray Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY+/-6.95 ACRES LOCATED ADJACENT TO THE
WEST 50 COMMERCIAL SUBDIVISION, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 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 +/- 6.95 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 February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which has from time to time been amended by Orange
County and the City of Ocoee (the "JPA Agreement") and 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, compliant with all applicable requirements of the Code, consistent with the
JPA Agreement, and in the best interest of the City of Ocoee and has recommended to the Ocoee
City Commission that it approve said annexation; 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 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
and the JPA Agreement, as amended, 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 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.
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 , 2016.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2016
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY ,UNDER
THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2016
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Legal Description
EXHIBIT "B"
Map of Annexed Area
ORDINANCE NO. 2016-002
(Rezoning Ordinance for Daniel Ray Property)
TAX PARCEL ID: 30-22-28-0000-00-035
30-22-28-0000-00-002
30-22-28-0000-00-074
CASE NO. RZ-15-08-08: DANIEL RAY
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE C-3, GENERAL COMMERCIAL, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +1-6.95 ACRES
LOCATED ADJACENT TO THE WEST 50 COMMERCIAL
SUBDIVISION, PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNERS; 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 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 +/-6.95 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1 to Ocoee C-3, General Commercial;
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 City Development Services Director 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 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 February 9, 2016, 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 finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on 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 +/-6.95 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 to Ocoee C-3, General Commercial. 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 5-1(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.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2016.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Beth Eikenberry, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2016
READ FIRST TIME , 2016.
READ SECOND TIME AND ADOPTED
, 2016.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2016.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
(The "Property")
EXHIBIT "B"
[INSERT MAP]