HomeMy WebLinkAboutItem #18 Second Reading of Annexation Ordinance for Passilla – 531 Ocoee Apopka Road fI do
AGENDA ITEM STAFF REPORT
Meeting Date: April 5, 2016
Item # I t
1)7 Reviewed By:
Contact Name: Michael Rumer Department Director: „t. .44
Contact Number: 407-905-3100/1018 City Manager:
Subject: James Passilla Property
Annexation
Project No(s): AX-12-15-56
Commission District# 3 — Richard Firstner
BACKGROUND:
General Location: The subject property is a small portion of 833 Pine Street which is located on the rear
eastern portion of the property (.48 acres).
Parcel Identification Number(s): 07-22-28-0000-00-019
Physical Address: 531 Ocoee Apopka Road
Property Size: +/- 0.48 acres
Actual land use, proposed land use and unique features of the subject property: No land use change is
proposed. Applicant is requesting no development entitlements.
The future land use & requested initial zoning classification of the subject property:
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/ Conservation City of Ocoee/Conservation
Use-Joint Planning Area
Land Use Classification
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North City of Ocoee/ Light Industrial Ocoee/"I-1"
East Orange County/ Low Density Orange County/ "A-1"
Residential
South City of Ocoee/ Light Industrial Ocoee/"I-1"
West Orange County / Low Density Orange County/"A-1"
Residential
ISSUE:
Should the Honorable Mayor and Commissioners approve the Annexation for the James Passilla 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 is bordered by
property located within the City limits on the north and south.
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.
Rezoning: No rezoning at this time.
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].
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 applicant is purchasing the property as it is
adjacent and in order to combine, he must annex into Ocoee city limits. It is not the intent to build on
property, only to combine.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On February 1, 2016, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend
approval of the annexation for the James Passilla property.
PLANNING & ZONING COMMISSION (P&Z) RECOMMENDATION:
The Planning and Zoning Commission met on February 9, 2016. After a brief summary of the request, the
Planning and Zoning Commission voted unanimously to recommend the annexation.
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC and Planning & Zoning Commission recommendation,
Staff recommends that the Honorable Mayor and City Commission approve the ordinance for the Annexation
of the +/- 0.48 acres parcel of land known as the James Passilla property.
Attachments:
Annexation Feasibility Analysis
Location Map
Future Land Use Map
Aerial Map
Annexation Ordinance
Financial Impact:
None.
Type of Item : (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
X 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-12-15-56
APPLICANT NAME: James Passilla
PROJECT NAME: James Passilla Annexation
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 DeWayne Jones, Planner I
A. Applicant/Owner
1. Owners: James Passilla
B. Property Location
1. General Location: North East rear portion of 833 Pine Street.
2. Parcel Identification Number: Portion of 07-22-28-0000-00-017
3. Street Addresses: 833 Pine Street
4. Size of Parcels: 0.48 acres
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: N/A
3. Density/ Intensity: N/A
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County JPA Future Land Use: "Conservation"
2. Orange County Zoning: "A-1" Agricultural
3. Existing Ocoee Future Land Use: "Conservation"
4. Proposed Ocoee Zoning: I-1 Light Industrial
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Chief Miller
1. Estimated Response Time:
4 Minutes
2. Distance to Property: 2 miles
3. Fire Flow Requirements: 1,000 to 1,499 GPM
III. POLICE DEPARTMENT Chief Charlie Brown
1. Police Patrol Zone / Grid /Area: OCPD/1159/D51
2. Estimated Response Time: 8 Minutes
Page 1 of 1
Applicant Name:James Passilla
Project Name:James Passilla Property Annexation
Case#:AX-12-15-56 &RZ-15-12-11
3. Distance to Property: 3 Miles (according to Bing Maps)
4. Average Travel Time 10 Miles (according to Bing Maps)
IV. ECONOMIC VALUE DeWayne Jones,
Planner I
1. Property Appraiser Taxable Value: Unknown at this time
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
V. BUILDING DEPARTMENT DeWayne Jones, Planner I
1. Within the 100-year Flood Plain: Yes
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No WM adjacent to the property
3. Extension Needed: Yes
4. Location and Size of
Nearest Water Main: 6 inch at Pine and Sanders
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No, sewer adjacent to the property
3. Extension Needed: Yes
4. Location and Size of
Nearest Force Main: 8 inch force main on Palm Drive
5. Annexation Agreement Needed:
C. Other
1. Utility Easement Needed: Not Applicable
2. Private Lift Station Needed: Not Applicable
3. Well Protection Area Needed: Not Applicable
Page 2 of 2
Applicant Name:James Passilla
Project Name:James Passilla Property Annexation
Case#:AX-12-15-56 &RZ-15-12-11
VII. TRANSPORTATION DeWayne Jones, Planner I
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 391
VIII. PRELIMINARY CONCURRENCY EVALUATION DeWayne Jones, Planner I
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 property is a small portion of 833 Pine Street (0.48 acres). The property is adjacent to the
rear of James Passilla's property at 531 Ocoee Apopka Road.
X. CONSISTENCY WITH STATE REGULATIONS: DeWayne Jones,
Planner I
The subject property is contiguous with the City Limits to the east boundary; therefore,
annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
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ORDINANCE NO. 2016-005
(Annexation Ordinance For James Passilla Property)
TAX PARCEL ID# 07-22-28-0000-00-017
CASE NO. AX-12-15-56: JAMES PASSILLA 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 0.48
ACRES LOCATED ON THE EAST SIDE OF PINE STREET,
APPROXIMATELY 625 FEET WEST OF OCOEE APOPKA 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 0.48 acres of property, 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
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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
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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 , 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
,2016 UNDER
AGENDA ITEM NO.
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EXHIBIT "A"
! SCRIP T7ON:
THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 Cr SECTION 2,
TOWNSHIP 72 SOUTH, RANGE 78 EAST, ORANGE COUNTY. FLORIDA. BEING DESCRIBED
AS FOLLOWS;
COIWMENCE A T THE SOU THWEST CORNER Of SAID SOLI THEA 51 7/4 OIL THE SOU TH WES I
1/4; THENCE RUN N0023'39 5 ALONG THE NEST LINE OF SAID SOUTHEAST 1/4 OF
THE SOUTHWEST 7/4. 213.84 FEET TO THE SOUTH LANE OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 1937, PAGE 973: THENCE RUN N88'46'40"E ALONG SAID
SOUTH LINE. 56893 FEET TO THE CENTER LANE OF A FLORIDA DEPARTMENT OF
TRANSPORTA 7)0N DRAINAGE EASEMENT PER OFFAL RECORDS BOOK 972. PAGE 491
FOR THE POINT OF BEGINNING; THENCE CONTINUE N8846'40"E. 64.67 FEET TO THE
EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1937, PAGE 973;
THENCE RUN N0073'39'E ALONG SAID EAST LINE. 713.84 FEET TO THE NORTH LINE
OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1937, PAGE 973; THENCE
R'UN S88'46'40'W ALONG SAID NORTH LINE, 744.88 FEET TO THE CENTERLINE OF
AFORESAID DRAINAGE EASEMENT; THENCE RUN S26'42.42 E ALONG SAID CENTERLINE.
11865 FEET,. THENCE RUN 513'712V ALONG SAID CENTERLME. 109.13 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.48 ACRES MORE OR LESS.
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EXHIBIT "B"
James Passilla Annexation
Location Map
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