Item 10 First Reading of Ordinance for 911 Marshall Farms Road - Surujlall Property - Annexation & Rezoning; Project No(s). AX-01-23-01 & RZ-23-01-010 C 0
Florida
STAFF REPORT
Meeting Date: March 21, 2023
Item #: 10
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: First Reading of Ordinance for 911 Marshall Farms Road - Surujlall Property -
Annexation & Rezoning; Project No(s). AX-01-23-01 & RZ-23-01-01. {Zoning Manager Whitfield}
Background Summary:
Owner/Applicant: Emma Surujlall
General Location: The property is located in Commission District 3 on the east side of Marshall Farms Road,
beginning approximately 1,040 feet north of State Road 50.
Property Size and Parcel ID No.: The property contains approximately 2.22 acres and is assigned parcel
identification number 19-22-28-0000-00-011.
Existing Site Conditions: The table below summarizes the existing conditions of the property.
Current Future Land
Current
Existing Land Use
Overlays/Unique
Use (FLU) Map
Zoning
Features
Designation
District
Commercial &
A-1
Vacant with greater than 50% of
Wekiva Study
Conservation (3.0 FAR
site in Conservation
Area/Conservation Area
Commercial) per JPA
The property is surrounded by the following: jurisdictions, Future Land Use Map designations, zoning districts
and land uses.
Direction
Jurisdiction
FLUM Designation
Zoning District
Existing Land
Use
North
County
Commercial/Conservation per
JPA
A-1
Vacant & Canal
South
County
Commercial/Conservation per
JPA
A-1
Vacant
East
City
Conservation
C-3
Conservation Area
West
City
Commercial
C-3
Stormwater Pond
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 - www.ocoee.org
Page 128 of 146
Proposed Site Conditions: The table below summarizes the applicant's request and potential development on
the subject property.
Proposed FLUM
Proposed Zoning
Proposed Use
Proposed
Designation
District
Development
Standards
N/A (Site remains
City C-2
Office for truck hauling
Conventional C-2
Commercial &
business with private
standards
Conservation per JPA)
service bay
Consistency with Florida Statutes: With respect to the proposed annexation, 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 bordered on the west and east by the City's jurisdictional
limits and, as such, is contiguous to the City. Annexation of the property does not create an enclave; instead,
it furthers the City's efforts to reduce existing enclaves within the city limits.
Consistency with JPA Agreement: The property is located within the Ocoee -Orange County Joint Planning
Area (JPA) Agreement, and the proposed annexation is consistent with the terms of the JPA
Agreement. However, the requested C-2 zoning on the entire property is inconsistent with the JPA Future
Land Use Map which designates greater than half (50%) of the eastern portion of the property as
Conservation. Staff recommends a split zoning in order to protect the Conservation Area.
Consistency with Adopted Comprehensive Plan: The annexation is consistent with Future Land Use Element
(FLUE) Policy 2.5, which requires the City to consider requests for voluntary annexation 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. However, the proposed C-2 zoning district is inconsistent with FLUE Policy 1.15 which stipulates that
the City may assign an initial zoning after annexation in a manner that is consistent with both the Future Land
Use Map and the JPA Agreement. Per the JPA Future Land Use Map and Figure 3a of the City of Ocoee
Guide to the Wekiva Study Area Requirements, greater than half (50%) of the property is a designated and
protected Conservation and Wetland Area.
FLUE Objective 5 and implementing Policies 5.1 through 5.13 as well as Conservation Element Objective 4
and implementing Policies 4.1 through 4.3 require the protection of natural resources, including conservation
areas, floodplains and wetlands. Therefore, staff recommends limiting the requested C-2 zoning to only that
front portion of the site (approximately 325 feet from the west property line) that is outside of the designated
Conservation Area and classifying the remainder of the property as Unclassified in order to protect the
Conservation Area.
Access: Access will continue to be via Marshall Farms Road.
Utilities: The property will connect to an existing 6" force main and 12" water main on the northwest side of
Marshall Farms Road. The property owner/applicant has been advised that the water main is under pavement
and that connection will require an MOT (maintenance of traffic) plan and road resurfacing following
completion of the connection.
Transportation: No issues are anticipated as the property is currently designated Commercial on the Future
Land Use Map, and no land use map amendment is proposed. The commercial portion of the property is
planned for commercial uses.
Stormwater: Stormwater will be designed and engineered at the time of site plan review. Stormwater and
drainage will not be permitted to impact existing designated Conservation Area.
City of Ocoee • 1 N. 6luford Avenue • Ocoee, Florida 34761
Phone: (407) 905-3100 • www.ocoee.org
Page 129 of 146
Schools: N/A
Public Safety: Fire service is available within 0.7 miles of the property and can be provided within a five (5)
minute response time at a 750 gpm water flow. Police service is available within 1.4 miles (Policy Patrol Zone
3) within an average 5-minute response time for non -emergency services.
An Annexation Feasibility & Public Facilities Analysis Report was completed for this property, and said report
is attached.
Issue:
Should the Honorable Mayor and City Commissioners approve the proposed ordinances for the Annexation and
Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial
District) of the Surujlall property located at 911 Marshall Farms Road?
Recommendations:
Development Review Committee (DRC) Recommendation:
The Development Review Committee met on Tuesday, February 7, 2023, to consider the application for annexation
and rezoning. Based on staff's review of the application per the requirements of the adopted Comprehensive Plan,
Land Development Code and City of Ocoee -Orange County Joint Planning Area (JPA) Agreement, the ❑RC made
a recommendation of approval of the proposed Annexation and Rezoning from Orange County A-1 (Citrus Rural
District) to City of Ocoee C-2 (Commumity Commercial District) subject to the condition that the C-2 zoning
classification is limited to ❑nly that front portion of the site (approximately 325 feet from the west property line) that
is outside of the designated Conservation Area and the remainder of the property will be classified as Unclassified
in order to protect the Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the
Comprehensive Plan and Figure 3a of the Wekiva Study Area Requirements.
Planning & Zoning Commission Recommendation:
The Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), considered this item at is
February 14, 2023 hearing and, finding no issues, made a recommendation of approval of the proposed Annexation
and Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District)
for the Surujlall Property located at 911 Marshall Farms Road subject to the condition that the C-2 zoning
classification is limited to ❑nly that front portion of the site (approximately 325 feet from the west property line) that
is outside of the designated Conservation Area and the remainder of the property will be classified as Unclassified
in order to protect the Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the
Comprehensive Plan and Figure 3a of the Wekiva Study Area Requirements.
Staff Recommendation:Staff recommends that the City Commission approve ordinances for the Annexation and
Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District) for
the Surujlall Property located at 911 Marshall Farms Road subject to the condition that the C-2 zoning classification
is limited to only that front portion of the site (approximately 325 feet from the west property line) that is outside of
the designated Conservation Area and the remainder of the property will be classified as Unclassified in order to
protect the Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the Comprehensive
Plan and Figure 3a of the Wekiva Study Area Requirements.
Attachments:
1. Location Map
2. Aerial Map
3. FLU Map
4. Zoning Map
5. Concept Plan
6. Annexation Ordinance
7. Rezoning Ordinance
City of Ocoee • 1 N. Bluford Avenue • Ocoee, Florida 34761
Phone: (407) 905-31 DO • www.ocoee.org
Page 130 of 146
Financial Impacts:
None
Type of Item: First Reading
City of ❑coee • 1 N. Bluford Avenue • Ocoee, Florida 34761
Phone: (407) 905-31 DO • www.ocoee.org
Page 131 of 146
911 Marshall Farms Road
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F
ORDINANCE NO.2023-
(Annexation Ordinance for 911 Marshall Farms Road —
Surujlall Property)
TAX PARCEL ID: 19-22-28-0000-00-011
CASE NO. AX-01-23-01: 911 Marshall Farms Road — Surujlall Property 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 2.22
ACRES LOCATED AT 911 MARSHALL FARMS ROAD ON THE EAST
SIDE OF MARSHALL FARMS ROAD, BEGINNING APPROXIMATELY
1,040 FEET NORTH OF STATE ROAD 50, 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 UPDATE OF OFFICIAL CITY MAPS; PROVIDING
DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY;
REPEALING INCONSISTENT ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
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 2.22 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 February 14, 2023, 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
Page 137 of 146
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 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.
Page 138 of 146
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 , 2023.
APPROVED:
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
2023
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
ADVERTISED AND
READ FIRST TIME , 2023
READ SECOND TIME AND ADOPTED
ITEM NO.
2023, UNDER AGENDA
Page 139 of 146
EXHIBIT "A"
LEGAL ❑ESCRIPTION
PARCEL ID NO.: 19-22-28-0000-00-011
COMM NW COR OR SW114 OF SE114 OF SEC 19-22-28 TH S89-19-51 E 943.24 FT TO ELY
RIW MARSHALL FARMS R❑ TH S43-37-32W 506.64 FT FOR PO6 TH CONT S43-37-32W
135 FT S89-19-51 E 869.99 FT N42-57-17E 133.55 FT N89-19-51 W 867.85 FT TO PO6
Page 140 of 146
EXHIBIT "B"
LOCATION MAP
Page 141 of 146
ORDINANCE NO.2023-
(Rezoning Ordinance for 911 Marshall Farms Road
— Surujlall Property)
TAX PARCEL ID: 19-22-28-0000-00-011
CASE NO. RZ-23-01-01: 911 Marshall Farms Road — Surujlall Property Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1
(CITRUS RURAL DISTRICT) TO CITY OF OCOEE C-2 (COMMUNITY
COMMERCIAL DISTRICT) AND UNCLASSIFIED DISTRICT ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.22
ACRES LOCATED AT 911 MARSHALL FARMS ROAD ON THE EAST
SIDE OF MARSHALL FARMS ROAD, BEGINNING APPROXIMATELY
1,040 FEET NORTH OF STATE ROAD 50, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR 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
2.22 acres, more particularly described in Exhibit "A" attached hereto and by this reference made
a part hereof, from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community
Commercial District) and Unclassified District; 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 February 14, 2023, 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
Page 142 of 146
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 April 18, 2023, the Ocoee City Commission held a de nova 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 "A" containing approximately 2.22 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District) and
Unclassified District. 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 5-1(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.
Page 143 of 146
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (1 Q)
days after its passage and adoption.
PASSED AND ADOPTED this day of
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OGEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of , 2023.
SHUFFIELD LOWMAN & WILSON, P.A.
Un
City Attorney
2023.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED , 2023
READ FIRST TIME , 2023.
READ SECOND TIME AND ADOPTED
.2023.
[9)01NaM: "11►Ib7:711011kyj►azlei
Page 144 of 146
EXHIBIT "A"
LEGAL ❑ESCRIPTION
PARCEL ID NO.: 19-22-28-9060-90-011
COMM NW COR OR SW114 OF SE114 OF SEC 19-22-28 TH S89-19-51 E 943.24 FT TO ELY
RIW MARSHALL FARMS R❑ TH S43-37-32W 506.64 FT FOR PO6 TH CONT S43-37-32W
135 FT S89-19-51 E 869.99 FT N42-57-17E 133.55 FT N89-19-51 W 867.85 FT TO PO6
Page 145 of 146
EXHIBIT "B"
LOCATION MAP
Page 146 of 146