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Item 05 First Reading of Ordinance for Persuad/RAMA Communications, Inc., Property, 175 Clarke Road – Annexation & Rezoning; Project No(s). AX-07-22-26 & RZ-22-07-40Meeting Date: October 4, 2022 Item #: 5- Reviewed By: Contact Name: Anoch Whitfield, Zoning Mana department Direct6tMichael Rumer Contact Number: x. 1016 City Manager: RobeA112P Background Summary: General Location: The property is located on the east side of South Clarke Road, approximately 1,775 feet north of White Road. Parcel Identification Number(s): 16-22-28-0000-00-027 Property Size: +/- 0.4 acres Actual land use, proposed land use, and unique features of the subject property: The subject property has an existing single-family residence. The applicant is annexing into the City limits as a condition for receiving City potable water connection and service. The future land use designation 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 City / Low Density Residential City R-1A East City / Low Density Residential City R-1A South City / Low Density Residential City R-1A West County / Low Density Residential County A-1 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 north, east and south sides 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-1A (Single -Family Dwelling) zoning classification upon annexation consistent with the surrounding R-1A zoning. 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 north, east, and south. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. The property can be 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 A-1 (Citrus Rural District) to City of Ocoee R-1A (Single -Family Dwelling) of the RAMA Communications Property located at 175 South Clarke Road, assigned parcel ID number 16-22-28- 0000-00-027? 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 A-1 (Citrus Rural District) to City of Ocoee R-1A (Single -Family Dwelling) of the RAMA Communications Property located at 175 South Clarke Road, assigned parcel ID number 16-22-28-0000-00-027. 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 from Orange County A-1 (Citrus Rural District) to City of 4 Ocoee R-1A (Single -Family Dwelling) of the RAMA Communications Property located at 175 South Clarke Road, assigned parcel ID number 16-22-28-0000-00-027. 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 A-1 (Citrus Rural District) to City of Ocoee R-1A (Single -Family Dwelling) of the RAMA Communications Property located at 175 South Clarke Road, assigned parcel ID number 16-22-28-0000-00-027. 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 Dept Use: Consent Agenda El Public Hearing El 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 3 175 S. Clarke Road - Annexation & Rezoning Surrounding Zoning Map 0 4.�°i��9 I I u h1.1111 1 11 r r}{r f $r r• t. /� //�� ..�-�•�� _ _ r'. :r r.;:rJrrvrlr �'r- `��4'' � _' ..::::. ee Development Services ~A{{•r:::::: _ •rJ•J::Jf 1 1 'D 1 D � ••V.r: .••- Department ' . J : -::. • :{1:•;.}:f :.}�' f}':..- rrJ.1. l:::•:-:: ::}:J'-r f-rrfl:1f{'•:-•f{l:SS':JfV .•. •. 'lJ fr'f::•:: ::� .....l:r111111111111-1 f..Yr:•:: r:'•::{f-'r - rrr :f:rrJ.. 0 100 200 400 ... -••:r _ iw- .- � r•:Y}}ter:: rr.�} ?-"':'f frf Feet August �Created: 2022 --: : • J1r :ir� QSubject Property _ J .=PUp-L=� a . NNE Zoning Classification: R-1 AA :J p 0 _ General Agricultural (A-1) 1114 %-'J•;J- M_' r-r NM ' _ Suburban (A-2) • { Jrr 0Single-Family Dwelling (R-1AAA)Single-Family Dwelling (R-1AA) AKE O . 'Single-Family Dwelling (R-1A) ,Single-Family Dwelling (R-1) , �' One- &Two-Family Dwelling (R-2) •1111 Multiple-Family DwellingR-3 • • !/ dorINIU © 1lp IIIII Mobile Home Subdivision (RT-1) 11 .r���„�!, NI Professional Offices & Services(P-S) • , ,,• s. Neighborhood Shopping (C-1) UM Community Commercial (C-2) 0 ` 11111 General Commercial (C-3) r U Restricted Manufacturing — P &Warehousing (I-1) T 'X - = General Industrial (1-2) .1 0 - Commercial (PUD) A- 1 \ \ co \ gM Low Density (PUD) Mg Medium Density (PUD) gag High Density(PUD) ® Public Use(PUD) %/i Unclassified 175 S. Clarke Road - Annexation & Rezoning Surrounding Future Land Use Map 0 ACOlir# . . AI „ao CU Development Services •. , CK INST Department ' . ^, r 0 100 200 400 k , _ 1.1 Feet � � \ ' t .. ... \ 1111WA Created: August 2022 U # ‘1/4. Z 0 .— DSubject Property . tl L _ Future Land Use Classification: ta* � a) — Low Density Residential(LDR) D _ Medium Density Residential (MDR) ' . � 0 _ 111111 High Density Residential (HDR) ' . , , . L.L — Professional Offices and Services (PS) ' . Commercial (COMM) �j Light Industrial (LI) 7 ,1I �1I/( MP.M O■•,, �2 = Heavy Industrial (HI) MEI Conservation/Flood lains (CONS) �• �� V il► p I Recreation and Open Space (REC) 7:3• Public Facilities/Institutional (INST) , L . - s LL , O L L co 0 is CITY OF OCOEE ANNEXATION CASE NUMBER: AX-07-22-26 & RZ-22-07-40 APPLICANT NAME: SHANTI PERSAUD PROJECT NAME: 175 S. CLARKE ROAD ANNEXATION/REZONING 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. E Property Location 1. General Location: The property is generally located on the east side of South Clarke Road, approximately 1,775 feet north of White Road. 2. Parcel Identification Number: 16-22-28-0000-00-027 3. Street Addresses: 175 South Clarke Road 4. Size of Parcels: .4 acres racteristics tin Use: Single-family dwelling osed use: F Single-family dwelling sit / Intensit : ected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: County Low Density Residential 2. Orange County Zoning: A-1 3. Existing Ocoee Future Land Use: Low Density Residential per JPA FLUM 4. Proposed Ocoee Zoning: R-1A E. Consistent 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes Fm- MW 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 Ow Applicant Name: ShanbPosaud Project Name: 1rsa.Clarke Road Annexation &Rezoning Case MxX-0r-uu'2Vu*Z-o2-or~uo ECONOMIC VALUE Anoch Whitfield, Zoning Manager 1. Property Appraiser Market Value: $179,726 Property Appraiser Taxable Value $179,726 -2. Estimated City Ad Valorem Taxes: TBD -3. Potential Impact Fees: TBD -5. -6. Total Project Revenues: TBD 1. Within the 100-vear Flood Plain: I No VI. UTILITIES Jennifer Bolling, Deputy Director IA. Potable Water 1. In Ocoee Service Area: Yes City Capable of Serving Area: Yes -2. 3. Extension Needed: No 4. Location and Size of Nearest Water Main: B. Sanitary Sewer 1 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Extension Needed: -3. 4. Location and Size of Nearest Force Main: -5. Annexation Agreement Needed: IS Other 1. Utility Easement Needed: 2. Private Lift Station Needed: 3. Well Protection Area Needed: TRANSPORTATION Anoch Whitfield, Zoning Manager Paved Access: Yes - S. Clarke Road -1. 2. ROW Dedication: No 1. Traffic Study: No -3 4. Traffic Analysis Zone: Page 2 of 3 Applicant Name: ShanUPomaud Project Name: 17oG.Clarke Road Annexation uRezoning Case Mxx-or.uo'xVmnZ-ux-or`*o (111. PRELIMINARY CONCURRENCY EVALUATION A. Transportation: B. Parks / Recreation: C. Water I Sewer: D. Stormwater: E. Solid Waste: F. Impact Fees: I IX. SITE -SPECIFIC ISSUES All De I X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Mana Page 3 of 3 (Annexation Ordinance for 175 S. Clark Road — RAMA Communications Property) TAX PARCEL, ID: 16-22-28-0000-00-027 CASE NO. AX-07-22-26: 175 S. Clarke Road — RAMA Communications Property Annexation � ,1''1'. 1' 1 1 1 1' 1• 1 1.1 1, •� 1 ;1 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 0.4 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 amlexed 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 1 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 S. 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) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF 52022 SHUFFIELD, LOWMAN & WILSON, P.A. City Attorney ADVERTISED AND READ FIRST TIME , 2022 READ SECOND TIME AND ADOPTED 2022, UNDER AGENDA ITEM NO. LEGAL DESCRIPTION PARCEL ID NO.: 16-22-28-0000-00-027 BEG 453.50 FT N OF SW COR OF SE1/4 RUN N 166 FT E 155 FT S 166 FT W 155 FT TO POB (LESS W 50 FT THEREOF FOR R/W) IN SEC 16-22-28 (Rezoning Ordinance for 175 S. Clarke Road — RAMA Communications Property) TAX PARCEL, ID: 16-22-28-0000-00-027 CASE NO. RZ-22-07-40: 175 S. Clarke Road — RAMA Communications Rezoning ,, 1.1 ,1 1 / 1 1• 1. 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 0.4 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 to City of Ocoee R-IA; and WHEREAS, pursuant to Section 5-9(B) of 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 Planning 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 that 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. 1FORE,BE IT ENACTED BY THE CITY COMMISSIONOF 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 Properties described in Exhibit "A" containing approximately 0.4 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -I to City of Ocoee R-IA. 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 lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Cleric 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 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 52022. 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. D LEGAL DESCRIPTION PARCEL ID NO.: 16-22-28-0000-00-027 BEG 453.50 FT N OF SW COR OF SETA RUN N 166 FT E 155 FT S 166 FT W 155 FT TO POB (LESS W 50 FT THEREOF FOR R/W) IN SEC 16-22-28