HomeMy WebLinkAboutItem #09 First Reading of Ordinance for Vaughn Property – 451 Ocoee Apopka Road Annexation and Initial Rezoning; Project No(s): AX-03-18-72 & RZ-18-03-04 Florida
AGENDA ITEM COVER SHEET
Meeting Date: May 1,/}2018
Item # I
Reviewed By:
19
Contact Name: Dewayne Jones, Planner I Department Director:
Contact Number: 407-554-7086 1),S: City Manager:
Subject: Vaughn Property—451 Ocoee Apopka Road
Annexation and Rezoning
Project#AX-03-18-72 & RZ-18-03-04
Commission District# 3 — Richard Firstner
BACKGROUND SUMMARY:
General Location: The subject property is located on the east side of Ocoee Apopka Road; 1,650 feet north
of Silver Star Road.
Parcel Identification Number(s): 18-22-28-0000-00-053
Physical Address: 451 Ocoee Apopka Road
Property Size: +1- 0.83 acres
Actual land use, proposed land use and unique features of the subiect property: The parcel contains one (1)
single-family residence. The applicant is annexing into the City limits as a condition to receive city potable
water connection.
The future land use & requested initial zoning classification of the subject property
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/Low Density Residential City of Ocoee/Low Density Residential
Use-Joint Planning Area (@ Less than 4 dwelling units/acre)
Land Use Classification
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Orange County/Low Density Orange County/"A-1""
Residential
East Orange County/Low Density Orange County/"A-1"
Residential
South City of Ocoee/Low Density City of Ocoee/"A-2"
Residential
West City of Ocoee/Low Density City of Ocoee/"I-1"
Residential
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinances for the annexation and rezoning
from A-1 (Agricultural) to R-1AAA (Single-Family Dwelling) for the property known at the Vaughn Property
located at 451 Ocoee Apopka Road?
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's bordered by
property located within the City limits on the west boundary.
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 R-1AAA (Single-Family Dwelling). 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: City staff has requested a City of Ocoee zoning designation of R-1AAA (Single-Family Dwelling)
upon annexation. According to the Land Development Code, the R-1AAA zoning designation is intended for
areas shown on the Future Land Use Map as "Low Density Residential". The R-1AAA zoning designation is
consistent with the adopted future land use designation of Low Density Residential, shown on both the City
of Ocoee and Orange County Joint Planning Area future land use maps.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states
justified 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..."
Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an
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.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On April 3, 2018, 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 and Rezoning for the Vaughn property.
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed annexation and initial zoning on April 10,
2018. City Staff presented a brief summary and overview of the requested actions. After finishing its
deliberations, the Planning and Zoning Commission, acting as the Local Planning Agency, voted
unanimously to recommend approval of the annexation of the +/-0.83 acre parcel of land known as the
"Vaughn Property —451 Ocoee Apopka Road" with an Initial Zoning classification of"R-1AAA (Single-Family
Dwelling)."
RECOMMENDATION:
Based on the recommendation of the DRC and Planning and Zoning Commission, Staff recommends that
the Honorable Mayor and City Commissioners approve the Annexation and Rezoning of the 0.83-acre parcel
of land known as the Vaughn Parcel with an Initial Zoning classification of "R-1AAA (Single-Family
Dwelling)."
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:
U Public Hearing For Clerk's Dept Use:
[X] Ordinance First Reading ❑ Consent Agenda
❑ Ordinance First Reading [ ] Public Hearing
❑ Resolution 0 Regular Agenda
❑ Commission Approval
O Discussion&Direction
[ ] Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-03-18-72 & RZ-18-03-04
APPLICANT NAME: CONNIE VAUGHN
PROJECT NAME: VAUGHN PROPERTY-451 APOPKA ROAD(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 DeWayne Jones, Planner I
A. Applicant/Owner
1. Owner (if different from Applicant): Connie Vaughn
B. Property Location
1. General Location: The subject property is located on the east side of Ocoee
Apopka Road; 1650 feet north of Silver Star Road.
2. Parcel Identification Number: 18-22-28-0000-00-053
3. Street Addresses: 451 Ocoee Apopka Road
4. Size of Parcels: .83 Acres
C. Use Characteristics
1. Existing Use: Single-Family Dwelling
2. Proposed use: Single-Family Dwelling
3. Density/ Intensity: N/A
4. Projected Population: N/A
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: R-1AAA
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time: Less than 5 minutes
2. Distance to Property: 1.5 miles
3. Fire Flow Requirements: 1,000 gpm
III. POLICE DEPARTMENT Lt. Scott Nylander
1. Police Patrol Zone/Grid / Area: District 1
2. Estimated Response Time: 5 minutes
3. Distance to Property: 5 miles
3. Average Travel Time 5 minutes
Page 1 of 3
Applicant Name:Connie Vaughn
Project Name:Vaughn Property—451 Ocoee Apopka Road
Annexation
Case#:AX-03-18-72&RZ-18-03-04
IV. ECONOMIC VALUE DeWayne Jones, Planner I
1. Property Appraiser Taxable Value: $33,122
2. Property Appraiser Just Value $33,122
3. Estimated City Ad Valorem Taxes: $187.29
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: N/A
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT DeWayne Jones, Planner I
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, City Engineer
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of 2" Water main on the east side of Ocoee Apopka Road
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of 12" Force main at the intersection of Palm Drive and
Nearest Force Main: Ocoee Apopka Road(1326 LF from the subject property)
5. Annexation Agreement Needed:
C. Other
1. Utility Easement Needed: No
2. Private Lift Station Needed: If connection to City sewer is desired, Yes
3. Well Protection Area Needed: N/A
VII. TRANSPORTATION DeWayne Jones, Planner I
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 550
Page 2 of 3
Applicant Name:Connie Vaughn
Project Name:Vaughn Property—451 Ocoee Apopka Road
Annexation
Case#:AX-03-18-72&RZ-18-03-04
VIII. PRELIMINARY CONCURRENCY EVALUATION DeWayne Jones, Planner I
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:
At this time, adequate solid waste capacity exists.
E. Solid Waste:
N/A
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE REGULATIONS: DeWayne Jones, Planner I
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
Location Map
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ORDINANCE NO. 2018-
(Annexation Ordinance for Vaughn Property - 451 Ocoee Apopka Road)
TAX PARCEL ID #s 18-22-28-0000-00-053
CASE NO. AX-03-18-72: Vaughn 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 0.83
ACRES LOCATED ON THE EAST SIDE OF OCOEE APOPKA ROAD,
1,650 FEET NORTH OF SILVER STAR 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 0.83 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
-1-
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)
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.
-2-
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 , 2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2018.
READ SECOND TIME AND ADOPTED
,2018 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2018.
SHUFFIELD,LOWMAN & WILSON
By:
City Attorney
-3-
EXHIBIT "A"
BEG NW COR OF S1/4 OF NW1/4 OF NE1/4 RUN E 390 FT N 100 FT W 390 FT S 100 FT
TO POB (LESS W 30 FT FOR R/W) IN SEC 18-22-28
-4-
EXHIBIT "B"
Location Map
Vaughn Property - 451 Ocoee Apopka Road
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-5-
ORDINANCE NO. 2018-
(Rezoning Ordinance for Vaughn Property - 451 Ocoee Apopka Road)
TAX PARCEL ID # 18-22-28-0000-00-053
CASE NO. RZ-18-03-04: Vaughn Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"AGRICULTURAL" TO OCOEE R-1AAA, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.83 ACRES LOCATED ON THE EAST SIDE OF
OCOEE APOPKA ROAD, 1,650 FEET NORTH OF SILVER STAR 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
0.83 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County A-1, "Agricultural,"to Ocoee R-1AAA, "Single Family Dwelling;
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 Joint
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 0.83 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1,
"Agricultural,"to Ocoee R-1AAA, "Single Family Dwelling."
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 5-1(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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2018.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2018
READ FIRST TIME ,2018.
READ SECOND TIME AND ADOPTED
,2017 UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this_day of , 20_.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
BEG NW COR OF S1/4 OF NW1/4 OF NE1/4 RUNE 390 FT N 100 FT W 390 FT S 100 FT TO
POB (LESS W 30 FT FOR R/W) IN SEC 18-22-28
EXHIBIT "B"
Location Map
Vaughn Property - 451 Ocoee Apopka Road
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