Item 12 First Reading of Ordinance for Howard Property, 8708 A. D. Mims Road – Annexation & Rezoning; Project No(s). AX-09-22-27 & RZ-22-09-44Contact Namo:
Reviewed By., ^t_
Anoch Whitfield, Zoning ner Department Director: Michael suer
407-554-7079 City manager, Robert Fran
Background Summary:
wn y6pp icant; Winston B. Mc ey (The property was purchased from Mr. Howard by Mr. Moxey on October
4, 2022, one (1) month after the application was Submitted to the City,)
Site Location, The property is located on the south side of A.' D. Mirns Road, beginning approximately 160 feet
west of Prairie Lake Boulevard.
Parcel Identification lurn�nber )- The subject property consists of one (`t) parcel; 1 g- - - -g 4 .
Property Si4e, +1- 2.25 acre
E istingEuture Land Use, Lehr -Density Residential (LIAR) — Up to four (4) dwelling units per acre (per the Joint
Planning Area Future Land Use Map).
E i ti g cnin : Orange County A-1 (Citrus Rural 'District)
Proposed ZqDing. City R-IAA (Single Family Dwelling District
Actual land use re odd land a e and uni ue features of the sub °edt rc ert , The property is currently vacant
with no ungnle features and with little to no trees, and the applicant proposes -single-family residential uses. The
property is within the boundaries of the City of Ocoee and Orange County Joint Planning Area (JPA) and is
designated low Density Residential on the JPA Future land Use Map. The table below lists the future land use
designations, jurisdiction, existing land uses and zoning classifications of the surrounding parcels:
1
Proposed Development: The applicant is proposing to annex into the City and rezone the property to R-1AA
(Single Family Dwelling District) in order to develop a single-family subdivision. Under the current Low Density
Residential (LDR) Future Land Use Designation, the 2.25-acre property would be allowed up to nine (9) dwelling
units. Since the proposed requested zoning district is R-1AA, development of the subdivision will be required to
comply with the design and development standards established for the conventional R-1AA zoning district as
summarized below:
Minimum Lot Size and Living Area: 9,000 SF and 1,400 SF
Minimum Lot Width: 75 feet
Building Setbacks:
o Front: 25 feet
• Side: 7.5 feet
• Rear: 30 feet
• Building Height: 35 feet
• Maximum Impervious Surface Area: 50%
Since the property is surrounded by single-family residential uses and the proposed use is single-family
residential, landscape buffering per the Comprehensive Plan will not be required. Landscaping requirements for
a subdivision will be evaluated at the time the Preliminary Subdivision Plan (PSP) is submitted.
Access: Access will be provided via A. D. Mims Road and a possible future subdivision road, depending on design
of the PSP.
Utilities: Water is provided by the City; however, unless the developer extends sewer service from the nearest
manhole, the development of the subdivision will be served by septic systems.
Transportation: The property currently has access from A. D. Mims Road. The adopted level of service (LOS)
standard for A. D. Mims Road, from Sandy Cove/Wurst Road to Apopka Vineland Road, is E, and as of 2020, the
operating LOS was C, with a volume over capacity (V/C) ratio of less than 0.5. Thus, a traffic capacity analysis
is not required. At the time of PSP, an operations analysis may be required.
Subdivision Plan.
Schools: As this is a rezoning and not a Comprehensive Plan Future Land Use Map Amendment, there is
proposed increase in the allowable density. It remains at up to 4 dwelling units per acre. Furthermore, at t
potential nine (9) dwelling units, development of the subdivision is considered cle minimis per the Interloc
Agreement (ILA) with the Orange County School District.
Public Safety: Fire service is available within one (1) mile from the property, and fire service can be provid
within a 5-minute response time. Police service is available within 4.5 miles (Police Patrol Zone 2) with an I
minute response time for non -emergency services.
Recreation and Open Space: As part of the review of the Preliminary Subdivision Plan, the applicant will
required to provide the minimum open space acreage and recreation facilities based on the number of uni
proposed.
Please see the Howard Property Annexation Feasibility Analysis document.
K
of Section 4-4.1 for a Short -Form ubdivision Plat (process for 10 or fewer lots). Staff supports the proposed
annexation and rezoning.
Issue:
Should the Honorable Mayor and City Commission approve ordinances for the Annexation and Rezoning from
*range County A-1 (Citrus Rural District) to City R-1 AA (Single Family Dwelling District) for the property located
at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a single-family
residential subdivision?
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on Tuesday, November 1, 2022, to consider the item a•
recommended approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City
1AA (Single Family Dwelling District) forthe property located at 8708 A. D. Mims Road, assigned parcel ID numb
10-22-28-0000-00-133 for development of a residential subdivision.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission met on Tuesday, November 8, 2022, to consider the item and
recommended approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City R-
1AA (Single Family Dwelling District) forthe property located at 8708 A. D. Mims Road, assigned parcel ID number
10-22-28-0000-00-133 for development of a residential subdivision.
Recommendations:
Based on the above analysis and the subsequent DRC and Planning and Zoning Commission recommendation
staff recommends that the City Commission approve the ordinances for the Annexation and Rezoning fro
Orange County A-1 (Citrus Rural District) to City R_1AA (Single Family Dwelling District) for the property locat
-i.
at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a resident ] subdivision.
Attachments:
Location Map
Aerial Map
Future Land Use Map
Zoning Map
Annaxafi#n F6asietilityiknalysis-
Annexation Ordinance
Rezoning Ordinance
Financial Impact: No financial impacts anticipated at this time.
3
Type of Item: (please mark with an'V)
O
Public Hearing
QD
Ordinance First Reading
O
Ordinance Second Reading
O
Resolution
O
Commission Approval
O
Discussion &Direction
[] Original Document/Contract Attached for Execution by City Clerk
El Original Document/Contract Held by Department for Execution
Reviewed by
El
m
N
■
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-09-22-27 & RZ-22-09-44
APPLICANT NAME: Winston B Moxey
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.
Property Location
1.
General Location:
South side of A. D. Mims Road, beginning approximately
160 feet west of Prairie Lake Boulevard
2.
Parcel Identification Number:
10-22-28-0000-00-133
3.
Street Addresses
8708 A D Mims ?koad
4.
Size of Parc e Is,
K
Use Characteristics
1.
Existin•Use:
Vacant, unwooded
2.
Proposed
&=ramam
3.
-use:
Density/ Intensity:
Up to 4 dwelling units per acre
4.
PrOiected Po ulation:
17, ro 1 W. ro, re
R-1
IS 16-0- 11 Mr, IT.-M,
LOW fensity i-kesidential per J1' WK_
1 Joint Area:
-Planning
2. Comprehensive Plan:
IEEE
1. Response Time: ink
-ill 111
-Estimated
Distance to Property'.•
-2.
3. Fire Flow Requirements:
1. Police Patrol Zone I Grid
i—.Estimated Response
MR-MEMM=-
3. Average Travel Time
FM-
Applicant Name: Winston Moxey
Project Name: 8708 A D Mims Road — Howard Property
Annexation & Rezoning
Case M AX-09-22-27 & RZ-22-09-44
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$121,000 (as vacant land in County)
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Potable Water
1. In Ocoee Service Area:
2. dity Capable of Serving Area*
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
2
0:W.-MM
WAKSHM'Frer.
No (development will need to be on septic as connection
is greater than % mile)
4. Location and Size of
Nearest Force Main:
6. Annexation A reement Needed:
1. Utility Easement Needed:
Possibly� depending on PSP design
2. Private Lift Station Needed:
3. Well Protection Area Needed:
0
1. Paved Access:
Yes — A D Mims Road
2. ROW Dedication:
rossibly — as part of future subdivision
3. Traffic Study:
4. Traffic Analysis Zone:
I
Applicant Name: Winston Moxey
Project Name: 8708 A D Mims Road — Howard Property
Annexation & Rezoning
Case #: AX-09-22-27 & RZ-22-09-44
fill. PRELIMINARY CONCURRENCY
EVALUATION
A Transportation:
A Parks / Recreation:
C. Water Sewer:
A Stormwater:
Solid Waste:
-E.
T. Impact Fees:
E=.. WIMEN
MT I no Ill E I
ORDINANCE ! 2023-
(Annexation Ordinance for 87i iuns i
Property)— Howard
ARM
TIRE1
111 Oki BE" M
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real properties 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 2.25 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 and authorization 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 the Land
Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on November 8, 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 and authorizations 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 pails 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.
Melanie Sibbitt, City Clerk
(SEAL)
•1111111611JR-A-a-ml am
CITY OFOIWOEE, ILUMDA A-PPKW-',T-,E
TO FORM AND LEGALITY THIS DAY
OF 2023
SITUFFIELD, LOWMAN & WILSON, P.A.
M
City Attorney
day of
Rusty Johnson, Mayor
mm
READ FIRST TIME , 2023
READ SECOND TIME AND ADOPTED
5 2023, UNDER AGENDA
ITEM NO.
N 336 FT OF E 292.2 FT OF FOLLOWING DESC WI/4 OF NEI/4 OF SWI/4 (LESS N 30 FT
THEREOF FOR A D MIMS RD) IN SEC 10-22-28
ORDINANCE NO.
(Rezoning Ordinance for 8708 A. D. Mims Road
— Howard Property)
!'`I ♦ ! l ! i t'' 1
♦ ,i ! ! 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
2.25 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-1AA; 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 November 8, 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 2023, 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, 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 "All containing approximately 2.25 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- I AA. 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. I
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
FINUM-W
Melanie Sibbitt, City Clerk
(SEAL)
-a a al A IN W-1 a U1 U-1 A A 0 M11 -,(U I I
Tk-M"XTA _p� "Awl"
_I
TO FORM AND LEGALITY
this day of 2023.
0
City Attorney
APPROVED:
Ac, I I Yy 0
2023.
Rusty Johnson, Mayor
ADVERTISED , 2023
READ FIRST TIME 2023.
READ SECOND TIME AND ADOPTED
, 2023.
XJHKWIIIWA� �1022
161 Q • i 1111 11
N 336 FT OF E 292.2 FT OF FOLLOWING DESC WIA OF NE1/4 OF SWIA (LESS N 30 FT
THEREOF FOR A D MIMS RD) IN SEC 10-22-28