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Home My WebLink AboutItem #11 Maine Street Parcels - Annex. Ordinance AGENDA ITEM COVER SHEET Meeting Date: December 5, 2006 Item # 11 Contact Name: Contact Number: Bobby Howell 407 -905-3100 x 1044 Reviewed By: Department Director: City Manager: Subject: Maine Street Parcels - Annexation Ordinance Project # AX-07 -07 -29 Background Summary: The owners of the Maine Street Parcels are requesting annexation of the subject properties into the jurisdictional boundary of the City of Ocoee. The subject properties include approximately 33.176 acres of land and are generally located on the northwest corner of Maine Street and Chicago Avenue, South of Tiger Minor Park, and east of Richmond Avenue. The properties are comprised of several residential dwelling units and agricultural uses consisting of citrus groves and associated uses. The property adjoins the Ocoee Cemetery site. Issue: Should the Honorable Mayor and City Commission approve the Annexation of +/- 33.176 acres parcel of land known as the Maine Street Parcels? CONSISTENCY WITH STATE & LOCAL REGULATIONS: State of Florida: 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. Annexation of the subject properties will reduce an existing enclave that the subject parcels are contained within. The subject properties are contiguous to the City limits on the south, west, and east. To the north is City owned property currently within unincorporated Orange County that is comprised of Tiger Minor Park, and a former water treatment site. This property will be annexed into the City at a later date in order to totally eliminate the enclave. The subject properties are contiguous to the City of Ocoee and, therefore, eligible for annexation. Joint Plannino Area Aoreement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee- Orange County Joint Planning Area Agreement. 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 Aoreement. and the City's Annexation Policy...." [Emphasis added]. Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Annexation Aoreement: The Annexation Agreement consists of standard provisions for annexation into the corporate limits of the City and requires the developer to dedicate all remaining areas within any wetland or 100- year floodplain to the City, dedicate sufficient right-of-way for a bike path along the wetlands and 100-year floodplain, and to dedicate a minimum of 100-feet of right-of-way for Maine Street to the City. 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. Rezoning will take place at a future date. Recommendations: DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On October 26, 2006, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation of the Maine Street Parcels as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation of the Maine Street Parcels was reviewed at a Public Hearing by the Planning and Zoning Commission on November 14, 2006. A representative of the Orange County School Board stated that the developer should request a meeting in regards to school capacity issues prior to rezoning of the property. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Annexation of the +/-33.176 acres parcel of land known as the "Maine Street Parcels". STAFF RECOMMENDATION: Based on DRC and P&Z recommendations, Staff recommends that the Mayor and City Commissioners approve an Ordinance for Annexation of the +/-33.176 acre parcel of land known as the "Maine Street Parcels" . Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Annexation Agreement Financial Impact: No Impact Type of Item: For Clerk's Deaf Use: Consent Agenda Public Hearing Regular Agenda Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction # Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ) N/A N/A N/A 11 ~ - 1 ~ \/~- \~ ~ .iLl _ -J -,r-n -( - - z- _i-- - <(I-- ~_ - LU- =:!- _ _.-.t' _ -( .. - -..... - - - - - . I _ I. ~r ...." 'U ,.. r- r- IQENEV~ I I "" I I p~= ~ .... - Cl Z o ::E I U 0::: ~ ~ e Maine Street Parcels Location Map \ Mh\INE SC~CNIAL ~..D. III - ~ ~ ~.Q. nhllNhJ- .u. ~ ~ .... ~ P~r)u '4 ::::::J- - :c -Z ~ ~ _.~ - UJ ~:):: ~ -fu - [) - f~ T ::;j = -rrr I f-- - ~, I-::! ~, 1 _~ 12) . ~ ~ ~ GENEVA = ~ r.~ObKtUJ ~fREJ=f<l ~~~ 8 f----'.JJ;Q I l r--!loo ~~~ ~,,- ~ :\\ I )i. ~ ~. ~t; (sEoALlAJ L _F ,.-- o I- -l ~ ~ LAKE BENNET o - o o :s ~ ~ ~ ~ I '-- 0J~ l I ...- r- 6) Ocoee Conrnunity Development Dep artment 1 in ch equ als 597 D 1 <W25 feet 190 95 0 190 380 570 Feet .. Printed: September 2006 CSubject Property ~ Un incorporated Territory ~and Other Municipalties Low De nsity Re sid entia I _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ He av y I nd ustrial _ Co nserv atio n/Floo dp la ins ,- "'J Recreation and Open Space _ Pu blic F acilitie sfl nstitutio na I Lakes and Water Bodies Maine Street Parcels Current Future land Use Map CONS LAKE BENNET Q Oeo ee Co rrrnunity Develop me nt Dep ~rtment 1 inch equ~ls 597 Dl<W25 feet 200 100 0 200 400 600 Feet .. Printed: September 2006 CSubject Property BEl Un incorp orated Territory and Other Municipalties Zonin g Classification: Gen eral Agricultu ral (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1.AM) Single-Family Dwelling (R-1M) Sin gle-F a mily Owe lIing (R-1 A) Sin gle-F a mily Owe IIing (R-1) One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subd iv isio n (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Co mmun ity Co mmercia I (C-2) _ General Commercial (C-3) D Re stricted Ma nufa cturing & Wareho using (1-1) _ Gen eralln du stria I (1-2) mill Commercial (PUD) Em Low Density (PUD) _ Medium Density (PUD) .. High Density (PUD) _ Pu blic Use (PU D) ;/ // Un cia ssified Lakes and Water Bodies Maine Street Parcels Surrounding Zoning Map Bl1AJT1 I ~ "- i---j:I;)- \ ~"- "- f- ~t- ~ I---{ ~ f-- <:I - -bid I-- - f--~ -~ "- - r1 -~ -3 r .1J~ - ~ -L- - L.J..J -{ :i.- ~ -<t -- - 1- -0 ~~ -I-- ~ - - 1- ----" - ~ -'-- I I K;J-INH-\JA I I IT"'. B= \ ---1 - A.~ II H _ r_ J t---"- I 1- I--~ ..., IIk.l,h I--+-"- "- I~I,.....II~= ~ - ~ , i r-- I , I Il~ -" ~' t .1'I.l~- "\ -- G -- -- - - - "- ~~ >-- i--- ~ -~- '-- ~- L -'\ :~~ If IK ....'1 rrQJ:;l;,~ lJ - J I 2-H.til c... ;.." ~ :: ~ [KUlt'NZ; ~~'~ ...~ LAKE BENNET - .' .. :-' i"J'-';";'''- t~-:::~~ o CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-07 -07 -29 ApPLICANT NAME: McCormick Road, LLC PROJECT NAME: MAINE STREET PARCELS This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Bobby Howell I A. Ap licantlOwner 1. Owner (if different from Applicant): Hawthorne Properties, LTD., Douglas Alan Popwell, M. Claude Hawthorne, James Hawthorne B. Property Location 1. General Location: Northwest corner of Chicago Avenue and Maine Street 2. Parcel Identification Numbers: 17-22-28-6144-05-080, 17-22-28-6144-05-140, 17- 22-28-6144-05-141,17-22-28-6144-05-150,17-22- 28-6144-05-152, 17-22-28-6144-05-151 3. Street Addresses: 955 Chicago Ave, 361 Maine Street, 355 Maine Street, 1177 Chicago Ave, 1101 Chicago Ave, 955 ChicaQo Ave 4. Size of Parcels: 33.176 acres total for all 6 oarcels. c. Agricultural/ Residential Multi-family residential 16 du/acre Unknown D. High Density Residential/ Conservation/Floodplains A-1 (Agricultural District) High Density Residential R-3 (Multiple-Family Dwelling) E. Yes Yes II. FIRE DEPARTMENT 1. Estimated Res onse Time: 2. Distance to Pro ert : 3. Fire Flow Re uirements: Chief Richard Firstner 2-3 miles 1 mile from FD 1 (Bluford Avenue) 500 gpm Page 1 of 3 Applicant Name: McCormick Road, LLC Project Name: Maine Street Parcels Case #: AX-07-07-29 111I. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 3/ Grid 12 2. Estimated Response Time: 5-9 minutes 3. Distance to Property: 2 miles 4. Average Travel Time 8-10 minutes Bobby Howell $312,610 for all 6 parcels $312,610 for all 6 parcels Unknown Unknown Unknown Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Bobby Howell Yes - portions I VI. UTILITIES David Wheeler, P.E. I 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 12 inch on Bluford and 12 inch on SR 50 Nearest Water Main: B. Sanita Sewer In Ocoee Service Area: Cit Ca able of Servin Area: Extension Needed: Location and Size of Nearest Force Main: 5. Annexation A reement Needed: Yes Yes Yes L.S. # 7 located in Richmond Avenue right-of-way south of Maine Street Yes I C. Other 1. Utility Easement Needed: No, only right-of-way 2. Private Lift Station Needed: No, City owned 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: McCormick Road, LLC Project Name: Maine Street Parcels Case #: AX-07-07-29 I VII. TRANSPORTATION Bobby Howell 1. Paved Access: Yes - upon development 2. ROW Dedication: 100-feet along the Maine Street corridor 3. Traffic Study: Yes 4. Traffic Analysis Zone: 594 I VIII. PRELIMINARY CONCURRENCY EVALUATION Bobby Howell To be determined during the development review, however access is assured A. Transportation: by agreement. Tiger Minor Park to the north will be able to serve the property. B. Parks I Recreation: At the time of the analysis, sufficient water/sewer capacity existed to C. Water I Sewer: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the subdivision plan approval process. To be determined at the time the building permit is requested. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I This site will be subject to an Annexation Agreement. Ix. CONSISTENCY WITH STATE REGULATIONS: Bobby Howell I These properties are contiguous with the City Limits and 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. (Annexation Ordinance For Maine Street Parcels) TAX PARCEL ID #s 17-22-28-6144-05-080 17-22-28-6144-05-140 17-22-28-6144-05-141 17-22-28-6144-05-150 17-22-28-6144-05-152 17-22-28-6144-05-151 CASE NO. AX-07-07-29: Maine Street Parcels AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONT AINING APPROXIMATELY 33.176 ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF MAINE STREET AND CHICAGO AVENUE, SOUTH OF TIGER MINOR PARK AND EAST OF RICHMOND A VENUE 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 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 said real property 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 Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and ORLA_ 428141.1 -1- WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JP A 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 JP A 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 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. 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 1 of the Charter of the City of Ocoee, Florida. Section 2. 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. 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 A TT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. ORLA_ 428141.1 -2- Section 7. The City Clerk is hereby authorized to update and supplement official City maps ofthe City of Ocoee, Florida, to include said land herein described and annexed. Section 8. 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. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. 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 ,2006. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2006 ADVERTISED AND READ FIRST TIME , 2006. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_ 428141.1 -3- EXHIBIT "A" Legal Descriptions of Annexed Properties PARCEL NO.1 The North 210 feet of the South 420 feet of the West 210 feet of Lot 14, Block 5, TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, and the East 30 feet of the South 420 feet of Lot 13, Block 5, TOWN OF OCOEE, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. PARCEL NO.2 Commence at the Northeast comer of Lot 15, Block 5, TOWN OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101, of the Public Records of Orange County, Florida; thence South 00'06'25" West, 99.24 feet along the East line of said Lot 15 for a Point of Beginning; thence continue South 00'06'25" West, 143.00 feet; thence North 88'09'07" West 308.34 feet; thence North 00'06'25" East, 143.00 feet; thence South 88'09'07" East, 308.34 feet to the Point of Beginning. PARCEL NO.3 A parcel of land being a portion of Lots 8 and 15, Block 5, and Georgia Street, now vacated, TOWN OF OCOEE as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, more particularly described as follows: Begin at the Northeast comer of Lot 15, Block 5, TOWN OF OCOEE as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida; thence South 00'06'25" West 99.24 feet along the East line of said Lot 15; thence North 88'09'07" West 308.34 feet; thence North 00'06'25" East 263.39 feet; thence South 88.09'07" East 308.34 feet; thence South 00.06'25" West 164.15 feet to the Point of Beginning. PARCEL NO.4 A portion of Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101 of the Public Records of Orange County, Florida, being more particularly described as follows: Begin at the Southwest comer of Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 100 and 101; thence South 88057'04" East along the South line of said Block 5, a distance of 604.78 feet; thence North 00007'59" East, 420.00 feet; thence South 88057'04" East, 240.00 feet; thence South 00007'59" West, 420.00 feet; thence South 88057'04" East along the South line of said Block 5, a distance of 424.78 feet; thence North 00006'25" East along the East line of said Block 5, a distance of 163.68 feet; thence North 88009'07" West, 308.34 feet; thence North 00006'25" East, 618.30 feet; thence South 88009'07" East, 308.34 feet; thence North 00006'25" East along the East line of said Block 5, a distance of 513.67 feet; thence North 88020'51" West along the North line of said Block 5, a distance of 951.49 feet; thence South 00008'43" West ...."-\. EXHIBIT "A" CONTINUED along the West line of Lot 10, said Block 5, a distance of 652.83 feet; thence North 88038'58" West along the centerline of vacated Georgia Street as shown on said plat, 317.28 feet; thence South 00009'32" West along the West line of said Block 5, a distance of 654.50 feet to the Point of Beginning. PARCELS Commence at the Northeast comer of Lot 15, Block 5, MAP OF OCOEE, as recorded in Plat Book "A", Pages 1 00 and 10 1, of the Public Records of Orange County, Florida; thence South 00006'25" West 242.24 feet along the East line of said Lot 15 for a point of beginning; thence continue South 00006'25" West 211.91 feet; thence North 88009'07" West 308.34 feet; thence North 00006'25" East 211.91 feet; thence South 88009'07" East 308.34 feet to the point of beginning. PARCEL 6 , \ Begin at the Southwest comer of Lot 14, Block 5, of the Map of Ocoee, according to the plat thereof as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida, in Section 20, Township 22 South, Range 28 East, thence run North along the West line of Lot 14, 210 feet, thence run East, parallel with the South line of Lot 14, 210 feet, thence run South, parallel with the West line of Lot 14, 210 feet, thence run West 210 feet along the South line of Lot 14 to Point of Beginning. -6- " ~<9. \\~~ \ ~ ~~ " e EXHIBIT "B" Maine Street Parcels Location Map Cl Z o ~ :r: u a::: '- LAKE BENNET NIAL -6-