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Home My WebLink AboutItem #09 First Reading of Ordinance for Strawder Property – Cauley Road Annexation and Rezoning; Project No(s): AX-01-18-70 & RZ-18-01-02 t (1)C 0P'2 Ilo rida AGENDA ITEM COVER SHEET Meeting Date: June 5, 2018 Item # v/ Reviewed By: /L Contact Name: Dewayne Jones, Planner I Department Director: , Contact Number: 407-554-7086 City Manager: ��.11. 1' — - Subject: Strawder Property—Cauley Road Annexation and Rezoning Project#AX-01-18-70 & RZ-18-01-02 Commission District# 1 —John Grogan BACKGROUND SUMMARY: General Location: The parcel is located on the east side of Ocoee Apopka Road; 673 feet East of the terminus of Cauley Road. Parcel Identification Number(s): 32-21-28-0000-00-014 Physical Address: Cauley Road Property Size: +1- 5.28 acres Actual land use, proposed land use and unique features of the subject property: The subject parcel is vacant with a 20-foot access easement for legal access. The intent of the annexation is to construct a single-family dwelling in the City. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction/Future Orange County/ Low-Density City of Ocoee/ Low-Density Land Use-Joint Residential Residential Planning Area Land (@ Less than four dwelling Use Classification units/acre) _ The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND CURRENT ZONING USE North Orange County/ Low-Density City of Ocoee/"R-1A" Residential East Orange County/ Low-Density City of Ocoee/"R-1A" Residential South City of Ocoee/ Low-Density Orange County/"A-1" Residential West City of Ocoee/ Low-Density Orange County/"A-1" Residential ISSUE: Should the Honorable Mayor and City Commission approve ordinances for the annexation of+/-5.28 acres and rezoning from Orange County A-1 to City of Ocoee A-1 of the property known as the Strawder property located at Cauley 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 north 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 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. Rezoning: The applicant has requested a City of Ocoee zoning designation of A-1 (Agriculture) upon annexation. 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, 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 May 17, 2018, the DRC met to determine if the proposed annexation and rezoning 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 Strawder Property. PLANNING AND ZONING RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed annexation and initial zoning on May 30, 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 +/-5.28 acre parcel of land known as the "Strawder Property" with an Initial Zoning classification of"A-1" (Agriculture). RECOMMENDATION: Based on the recommendation of the DRC and Planning and Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the ordinances for Annexation and Rezoning of the +/-5.28 acre parcel of land known as the "Strawder Property" with an Initial Zoning classification of "A-1" (Agriculture). 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: [_] Public Hearing For Clerk's Dept Use: [X] Ordinance First Reading 0 Consent Agenda ❑ Ordinance First Reading [ ] Public Hearing O Resolution 0 Regular Agenda ❑ Commission Approval ❑ 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 ( ) 111 N/A CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-18-70 & RZ-18-01-02 APPLICANT NAME: ROBERT VAUGHN PROJECT NAME: STRAWDER PROPERTY—CAULEY 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): Mark Strawder B. Property Location 1. General Location: 2. Parcel Identification Number: 32-21-28-0000-00-014 3. Street Addresses: Cauley Road 4. Size of Parcels: 5.28 Acres C. Use Characteristics 1. Existing Use: Vacant 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: A-1 E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal 1. Estimated Response Time: 5 minutes 2. Distance to Property: 1 mile 3. Fire Flow Requirements: 1000 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: 1.5 3. Average Travel Time 5 minutes Page 1 of 3 Applicant Name:Robert Vaughn Project Name:Strawder Property—Cauley Road Annexation&Rezoning Case#:AX-01-18-70&RZ-18-01-02 IV. ECONOMIC VALUE DeWayne Jones, Planner I 1. Property Appraiser Taxable Value: $92,453 2. Property Appraiser Just Value $92,453 3. Estimated City Ad Valorem Taxes: $522 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 (FIRM Map Number 12095CO210F) VI. UTILITIES Milen Womack, City Engineer A. Potable Water 1. In Ocoee Service Area: No 2. City Capable of Serving Area: N/A (Orange County Potable Water Service Area) 3. Extension Needed: N/A 4. Location and Size of N/A Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: No 2. City Capable of Serving Area: N/A (Orange County Potable Water Service Area) 3. Extension Needed: N/A 4. Location and Size of N/A Nearest Force Main: 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: Not for the City 2. Private Lift Station Needed: Not for the City 3. Well Protection Area Needed: Not for the City VII. TRANSPORTATION DeWayne Jones, Planner I 1. Paved Access: No 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 538 Page 2 of 3 Applicant Name: Robert Vaughn Project Name:Strawder Property—Cauley Road Annexation&Rezoning Case#:AX-01-18-70&RZ-18-01-02 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 Strawder Annexation Location Map LAKE AP eliidiiiiLi Arm i_:: — —�� --i km Ns ire - -re- K7 — I o d L 111°W r 0 ' P• r: ` • int � r? -----4---W Tht) ll • EMI — 1"klit, ; OEMS — rim 0 1 liallW OM irel •. 4410.; spalimma. dip0il 1 Vamo* t ill MI.: M lit aliel , I 7a MrA IF ill t I; I. 1" Mime i ____ in. lia tomp is le, MI Iiimmir ELLii le so vot iiip = Illimum" c) Si \ -gj Imo a ila aft P.4. 0 "- 4 �. ns Imola IUUuIE] X 4i CO LhNNIilliilLIF*Mer al. 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ORDINANCE NO. 2018- (Annexation Ordinance for Strawder Property- Cauley Road) TAX PARCEL ID #s 32-21-28-0000-00-014 CASE NO. AX-01-18-70: Strawder 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 5.28 ACRES LOCATED ON THE EAST SIDE OF OCOEE APOPKA ROAD; 673 FEET EAST OF THE TERMINUS OF CAULEY 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 5.28 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. -2- 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 , 2018. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2018. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF ,2018 UNDER ,2018 AGENDA ITEM NO. SHUFFIELD,LOWMAN& WILSON,P.A. By: City Attorney -3- EXHIBIT "A" S 330 FT OF NW1/4 OF SW1/4 OF SEC 32-21-28 (LESS THE WEST 1/2) -4- Exhibit "B" Location Map Lin& r — EP jr oil male ir mwe.irm immitim■ IL!. c„filUM111 wI. . iii prir ,,,„„„u4 • 111.11 ■ li* „ faTaT,11110 off rror� o Y ' oad cu b g ORDINANCE NO. 2018- (Rezoning Ordinance for Strawder Property- Cauley Road) TAX PARCEL ID # 32-21-28-0000-00-014 CASE NO. RZ-18-01-02: Strawder Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "AGRICULTURAL" TO OCOEE A-1, "AGRICULTURE," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.28 ACRES LOCATED ON THE EAST SIDE OF OCOEE APOPKA ROAD; 673 FEET EAST OF THE TERMINUS OF CAULEY 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 05.28 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 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 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 5.28 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Agricultural,"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 5-1(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) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; ADVERTISED ,2018 APPROVED AS TO FORM AND LEGALITY READ FIRST TIME ,2018. this_day of , 20_. READ SECOND TIME AND ADOPTED SHUFFIELD, LOWMAN &WILSON, P.A. ,2018 UNDER By: AGENDA ITEM NO. City Attorney EXHIBIT "A" S 330 FT OF NW1/4 OF SW1/4 OF SEC 32-21-28 (LESS THE WEST 1/2) Exhibit "B" Location Map kIli . r - ■ 4 ' r1- L1111161, 4- "if, _Aimok III'. A._ I _iN 11.Iiiiui- ___ •. , 1.,,,, l�T�T� ■ ,,, 11.. -- a /0, ..... . r �rriir� r • a x MR so rr.- - — I ; �� CD CO i 1