Item 04 First Reading of Ordinance for Rodriguez/Torres Property, 285 11th Avenue – Annexation & Rezoning; Project No(s). AX-05-22-25 & RZ-22-05-38OCO
Horida
Meeting Date: October 4, 2022
Item :
Reviewed By:
Contact Name: Anoch Whitfield, Zoning Mang r*= Department Director: Michael Rumer
Contact Number: x. 1016G- City Manager: Robe r k
Background Summary:
General Location: The property is located on the northwest corner of the 11th Avenue and Peters
Avenue intersection.
Parcel Identification Number(s): 08-22-28-5960-21-140
Prosy Size: +/- 0.26 acres
Actual land use, proposed land use, and unique features of the subject property: The subject property is
occupied by a single-family residence. The applicant is annexing into the City limits as a condition for
receiving City's potable water connection and service.
The future land use classification of the subject property is as follows:
CURRENT
PROPOSED'
Jurisdiction/Future Land Use -Joint
County / Low -Density Residential
City / Low Density Residential
Planning Area Land Use
(Four dwelling units/acre)
(Less than four dwelling
Classification
units/acre
The current future land use and zoning classifications of the surrounding properties are as follows:
DIRECTION:
CURRENT FUTURE LAND USE
CURRENT ZONING
North
County / Low Density Residential
County R-2
East
City / Low Density Residential
City R-1
South
County / Low Density Residential
County R-2
West
County / Low Density Residential
County R-2
Consistency with State & Local Regulations:
Annexation: With respect to State annexation criteria, Section 171.044, Florida Statutes (F.S.), 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 will be
bordered on the east by the City's jurisdictional limits.
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: The parcel will receive an R-1 (Single -Family Dwelling) zoning classification upon annexation.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5, which
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, which 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:
Annexation Feasibility & Public Facilities Analysis Report (See attached): The property is located within
the Ocoee -Orange County JPA area and is bordered by the City of Ocoee to the east. The property
already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange
County. The property is currently being served by City water service.
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.
Issue:
Should the Honorable Mayor and City Commission approve the Annexation and Rezoning from Orange
County R-2 (Residential District) to City of Ocoee R-1 (Single -Family Dwelling) of the Rodriguez/Torres
Property located at 285 11t" Avenue, assigned Parcel ID 08-22-28-5960-21-140?
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on Tuesday, September 6, 2022, to consider the
annexation and rezoning. Upon a finding of consistency with the City's regulations and policies, the DRC
recommended approval of the proposed Annexation and Rezoning from Orange County R-2 (Residential
District) to City of Ocoee R-1 (Single -Family Dwelling District) of the Rodriguez/Torres property located
at 285 11t" Avenue, assigned Parcel ID 08-22-28-5960-21-140.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) met on September 13, 2022, to consider the proposed
Annexation and Rezoning, and after identifying no issues or public opposition, voted to recommend
approval of the Annexation and Rezoning for the Rodriguez/Torres Property located at 285 11 t" Avenue,
assigned Parcel ID 08-22-28-5960-21-140.
K
Staff Recommendations:
Based on the above analysis and the subsequent DRC and the Planning and Zoning Commission
recommendations, staff recommends that the Honorable Mayor and City Commission approve the
ordinances for Annexation and Rezoning from Orange County R-2 (Residential District) to City of Ocoee
R-1 (Single -Family Dwelling District) of the Rodriguez/Torres property located at 285 11th Avenue,
assigned Parcel ID 08-22-28-5960-21-140.
Attachments:
Location Map
Aerial Map
Zoning Map
Future Land Use Map
Annexation Feasibility Analysis
Annexation Ordinance
Rezoning Ordinance
Financial Impact:
None
Type of Item: (please mark with an 'Y)
❑ Public Hearing
❑x Ordinance First Reading
❑ Ordinance Second Reading
❑ Resolution
❑ Commission Approval
❑ Discussion & Direction
For Clerk's Dent Use:
Ej Consent Agenda
El Public Hearing
R Regular Agenda
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
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Zoning Classification: 1 0th Avenue
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111111 Professional Offices & Services (P-S) •
Neighborhood Shopping (C-1) • - -
11111 Community Commercial (C-2) 111 "
Mil General Commercial (C-3) 13th Avenue-
Restricted Manufacturing
&Warehousing (I-1) � -.;: ::. ..;,.. Q- ._
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285 11th Avenue - Annexation & Rezoning
Surrounding Future Land Use Map
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Development Services
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0 100 200 400 REC
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Created: August 2022
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Future Land Use Classification:
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Low Density Residential (LDR) Q
Medium Density Residential (MDR) - - -
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Professional Offices and Services (PS
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CITY OF OCOEE
4NNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-05-22-25 & RZ-22-05-38
APPLICANT NAME: JOSE RODRIGUEZ
PROJECT NAME: 285 11 ST AVENUE
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to
individual properties. Each department's findings are summarized below.
Im
Location
ral Location:
r2.Parcel
The property is generally located on the northwest corner
of 1111 Avenue and Peters Avenue.
Identification Number:
08-22-28-5960-21-140
3.
Street Addresses:
285 111h Avenue
4.
Size of Parcels:
.26 acres
Use Characteristics
1. Existing Use:
Single-family home
2. Proposed use:
Single-family home
3. Density / Intensity:
4. Projected Population:
N/A
IM
Zoning and Land Use
1.
Orange County Future Land Use:
County Low Density Residential
2.
Orange County Zoning:
R-2
3.
Existing Ocoee Future Land Use:
Low Density Residential per JPA FLUM
4.
Proposed Ocoee Zoning:
R-1
E. Consistent
1. Joint PlanningArea:
Yes
2. Comprehensive Plan:
Yes
C
FIRE 'DEPARTMENT
1. Estimated Response Time:
2. Distance to Property:
3. Fire Flow Requirements:
'OLICE DEPARTMENT
1. Police Patrol Zone / Grid / Area:
2. Estimated Response Time:
3. Distance to Property:
3. Average Travel Time
Page 1 of 3
Applicant Name: Jose Rodriguez
Project Name: 285 11th Street
Annexation & Rezoning
Case M AX-05-22-25 & RZ-22-05-38
ECONOMIC VALUE
Anoch Whitfield, Zoning Manager
1.
Property Appraiser Market Value:
$129,934
2.
Property Appraiser Taxable Value
$129,934
3.
Estimated City Ad Valorem Taxes:
TBD
4.
Anticipated Licenses & Permits:
TBD
5.
Potential Impact Fees:
TBD
6.
Total Project Revenues:
TBD
1 iwe i1 's If
1. Within the 100®vear Flood Plain: I No
VI. UTILITIES Jennifer Bolling, Deut Director
A. Potable Water
1. In Ocoee Service Area:
Yes
2. City Capable of Serving Area:
Yes
3. Extension Needed:
No (property currently served by City water)
4. Location and Size of
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area:
Yes
2. City Capable of Serving Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation Agreement Needed:
Easement Needed:
p2vae Lift Station Needed:
rotection Area Needed:
C
TRANSPORTATION Anoch Whitfield, Zoning Manager
1. Paved Access:
Yes — 11 th Avenue
2. ROW Dedication:
No
3. Traffic Study:
No
4. Traffic Analysis Zone:
Page 2 of 3
Applicant Name: Jose Rodriguez
Project Name: 285 11th Street
Annexation & Rezoning
Case M AX-05-22-25 & RZ-22-05-38
MI. PRELIMINARY CONCURRNCY
EVALUATION
A. Transportation:
B. Parks / Recreation:
C. Water / Sewer:
D. Stormwater:
E. Solid Waste:
F. Impact Fees:
IX. SITE -SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager
Page 3 of 3
ORDINANCE NO. 2022-
(Annexation Ordinance for 285 11t' Avenue —
Rodriguez/Torres Property)
TAX PARCEL ID: 08-22-28-5960-21-140
CASE NO. AX-05-22-25: 285 11t" Avenue — Rodriguez/Torres Property Annexation
1, 1 1 11 1 1
1. .1,VIA I 1 1am
1• 1 1 . . 1 1 t,' •
1.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately 0.26 acres of property, as more particularly described in Exhibit "A"
attached hereto, 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), Article V, Land
Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on September 13, 2022, the Planning and Zoning Commission of the
City of Ocoee, Florida, 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,
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. 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 C-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" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. 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, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan 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 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.
Section 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, the Chief Administrative Officer
of Orange County, Florida, and with the Florida Department of State within seven (7) days from
the effective date.
PASSED AND ADOPTED this day of , 2022.
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2022
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE , 2022, UNDER AGENDA
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF 2022
SHUFFIELD, LOWMAN & WILSON, P.A.
LIM
City Attorney
C
LEGAL DESCRIPTION
NORTH OCOEE ADDITION NO 2 0/69 BEG SE COR OF LOT 14 BLK 21 TH S89-35-35W 77.78 FT TH
N01-46-40W 145.58 FT TH S89-43-13E 76.78 FT TH S02-10-36E 145.44 FT TO POB
EXHIBIT "B"
LOCATION MAP
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ORDINANCE NO. 2022-
(Rezoning Ordinance for 285 11111 Avenue
— Rodriguez/Torres Property)
TAX PARCEL ID: 08-22-28-5960-21-140
CASE NO. RZ-22-05-38: 285 11" Avenue — Rodriguez/Torres Rezoning
*FFICIAL CITY ZONING .,REPEAUJIG 11
ORDINANCES; '! 1 FOR 1 PROVIDING
! ' AN EFFECTIVE DATE.
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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
0.26 acres, more particularly described in Exhibit "A" attached hereto and by this reference made
a part hereof, from Orange County R-2 to City of Ocoee R-1; and
WHEREAS, pursuant to Section 5-9(B), Article V of the Land Development Code of the
City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning is consistent with the City
of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991,
as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for review and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"), acting as the Local Planning Agency; and
WHEREAS, on September 13, 2022, the P1amling and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan and is in
the best interest of the City, and recommended to the Ocoee City Commission that the zoning
classification of said real property be rezoned as requested by the Applicant and that the Ocoee
City Commission find the Rezoning requested by the Applicant to be consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, on October 18, 2022, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that the
Rezoning is consistent with the Ocoee Comprehensive Plan; 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, THERE,FORE,ENACTED BY 1 1 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 0.26 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
R-2 to City of Ocoee R-1. A map of said land herein described, which clearly shows the area of
the Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby
finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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-I(G) of Article V of the Ocoee
City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2022.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of )2022.
SHUFFIELD LOWMAN & WILSON, P.A.
0
City Attorney
Rusty Johnson, Mayor
ADVERTISED 52022
READ FIRST TIME 52022.
READ SECOND TIME AND ADOPTED
52022.
UNDER AGENDA ITEM NO.
PARCEL ID NO.: 08-22-28-5960-21-140
NORTH OCOEE ADDITION NO 2 0/69 BEG SE COR OF LOT 14 BLK 21 TH S89-35-35W
77.78 FT TH NO1-46-40W 145.58 FT TH S89-43-13E 76.78 FT TH S02-10-36E 145.44 FT TO
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