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HomeMy WebLinkAboutItem 16 First Reading of Ordinance for VMG Estates – 815 Clarcona Ocoee Road (N. Lakewood Avenue) Annexation; Project No: AX-07-18-73 Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: November 20, 2018 Item # 16 tyl) Reviewed By: Contact Name: Michael Rumer, Cit Department Director: Planner Contact Number: (407) 905-3100 x1018 City Manager: SUBJECT: First Reading of Ordinance(s) for VMG Estates Ocoee—815 Clarcona Ocoee Road Annexation Project#AX-07-18-73 Commission District# 1 —John Grogan BACKGROUND SUMMARY: The subject property is located on the east side of Clarcona Ocoee Road, at 815 Clarcona Ocoee Road (N. Lakewood Ave.). The overall parcel is 3.89 acres in size. The subject parcel identification number is 08-22-28- 0000-00-028. The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Low-Density Residential R-2(Orange County) Single-Family Dwelling East Low-Density Residential R-2(Orange County) Single-Family Dwelling South Low-Density Residential R-1 (Ocoee) Single-Family Dwelling West Low-Density Residential R-1 (Orange County) Single-Family ISSUE: Should the Honorable Mayor and City Commission approve the ordinance for the annexation of +1- 3.89 acres of the property known as VMG Estates Ocoee at 815 Clarcona Ocoee 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 is bordered by property located within the City limits on all sides. 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. (JPA is not currently in effect.) 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]. 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: The property is proposed for annexation in order to be located within the City limits of Ocoee. A proposed rezoning and subdivision plan will be processed under the next phase. Annexation at this time will enable the applicant to design and engineer under the City's regulations. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on October 3, 2018, and reviewed the Annexation. When the discussion was finished, the DRC voted to recommend approval of the Annexation of the 3.89 acres. PLANNING AND ZONING RECOMMENDATION: On October 9, 2018, the Planning and Zoning Commission (P&Z) met to determine if the proposed annexation was consistent with the City's regulations and policies. When the discussion was finished, the Planning and Zoning Commission voted to recommend approval of the annexation for VMG Estates located at 815 Clarcona Ocoee Road. RECOMMENDATION: Based on the feasibility report and recommendation of the DRC, Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the proposed Annexation of the property known as VMG Estates located at 815 Clarcona Ocoee Road. ATTACHMENTS: Annexation Feasibility Analysis; Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map; Aerial Map; Annexation 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 CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER(S): AX-07-18-73 APPLICANT NAME:VMG PROJECT NAME:VMG ESTATES OCOEE — 815 CLARCONA OCOEE AVE 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 Michael Rumer, City Planner A. Applicant/Owner 1. Owner (if different from Applicant): VMG B. Property Location 1. General Location: The subject property is located on the east side of Clarcona Ocoee Road, at 815 Clarcona Ocoee Road (N. Lakewood Ave.). 2. Parcel Identification Numbers: 08-22-28-0000-00-028 3. Street Addresses: 815 Clarcona Ocoee Road 4. Size of Parcels: Total +1- 3.89 acres C. Use Characteristics 1. Existing Use: Vacant 2. Proposed Use: Single-family Residential 3. Density/ Intensity: Not to exceed 4 dwelling units/acre 4. Projected Population: 0 D. Zoning and Land Use 1. Orange County Future Land Use: Rural 2. Orange County Zoning: A-1 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: Undetermined E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Fire Department 1. Estimated Response Time: Response time is 2-4 minutes 2. Distance to Property: Distance is approx. 2.13 miles from Station 25 (Bluford Avenue) 3. Fire Flow Requirements: Depends on Building Type Page 1 of 3 Applicant Name:VMG Project:VMG Estates Ocoee Case#:AX-07-18-73 III. POLICE DEPARTMENT Chief Charlie Brown 1. Estimated Response Time: 3 Minute 2. Distance to Property: Approx. 1.5 miles from West Rd Station 3. Average Travel Time 4 minutes IV. ECONOMIC VALUE Michael Rumer, City Planner 1. Property Appraiser Taxable Value: $89,240 2. Property Appraiser Just Value Same as above. 3. Estimated City Ad Valorem Taxes: $490 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: Unknown 6. Total Project Revenues: Unknown V. BUILDING DEPARTMENT Michael Rumer, City Planner 1. Within the 100-year Flood Plain: No VI. UTILITIES Milen Womack, E.I. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Potable Water 3. Extension Needed: Yes 4. Location and Size of 12" Inch Line on east side of N Lakewood Ave Nearest Water Main: 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 Six Inch Force Main on west side of road. Nearest Force Main: 5. Annexation Agreement Needed: Yes C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name:VMG Project:VMG Estates Ocoee Case#:AX-07-18-73 VII. TRANSPORTATION Michael Rumer, City Planner 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: Yes 4. Traffic Analysis Zone: NA VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner 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 and sewer capacity exists. C. Water/Sewer: The applicant will be required to handle the stormwater on-site, according to D. Stormwater: the City Code and the regulations of the St. John's River Water Management District. At this time, adequate solid waste capacity exists. E. Solid Waste: F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits. N/A G. Public School IX. SITE SPECIFIC ISSUES Michael Rumer, City Planner No specific site conditions. X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner 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. 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Aitagi'li r k, ",ik c 5... OF `L. I Christi,=a;. CO . ! 0 Mk-. w-' L . ' sr. CD _ m , n-, ..CC first Ing r ....44 '9RJ'Q 1 CU ailr• 0 'Jr r . 4 . poOMa)ei IP • • r pis I U li :Eli:: :1-. Q)7'. 1.' . '11: • i ' I it 1 114. , ,_ %I ORDINANCE NO. 2018- (Annexation Ordinance for VMG Estates Ocoee - 815 Clarcona Road) TAX PARCEL ID #s 08-22-28-0000-00-028 CASE NO. AX-07-18-73: VMG Estates Ocoee — 815 Clarcona Road 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 3.89 ACRES LOCATED ON THE EAST SIDE OF NORTH LAKEWOOD AVENUE; 103 FEET NORTH OF BURNT TREE COURT; 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 3.89 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" BEGIN AT THE SOUTHWEST CORNER OF THE SW % OF THE SW ' OF SECTION 8. TOWNSHIP 22 SOUTH, RANGE 28 EAST. RUN THENCE NORTH ON THE SECTION LINE 280 FEET, THENCE RUN EAST 630 FEET, THENCE RUN SOUTH 280 FEET, THENCE RUN WEST 630 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA, LESS ROAD RIGHT-OF-WAY ON THE WEST. -4- EXHIBIT B Location Map Laurel Ridge Anderson Burnt Tree Mobile Y o 0 Security Mack co Charles CD �`5 e Lee N