Item #10 Luna Property e cet iter of Good L ip
OC 4.
AGENDA ITEM STAFF REPORT
Meeting Date: January 3, 2012
Item # 10
6 Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: Ext. 1018 City Manager:
Subject: Luna Property (520 3 Street)
Annexation and Rezoning
Project No(s): AX- 09 -11 -31 & RZ- 11 -09 -20
Commission District # 2 — Rosemary Wilsen
Background /Summary:
General Location: The subject property is located on the west side of 3 Street; approximately 346 feet south of
Center Street.
Parcel Identification Number: 17- 22 -28- 0000 -00 -054
Physical Address: 520 3 Street
Property Size: 0.58 + / -Acres
Actual land use, proposed land use and unique features of the subject property: The subject parcel has one
existing Single - Family Residence. No development proposal is planned at this time. The Applicant has requested
annexation into the City limits mainly for potable water connection.
The future land use & requested initial zoning classification of the subject property:
CURRENT PROPOSED
Jurisdiction /Future Land Orange County / Low Density City of Ocoee / Low Density
Use -Joint Planning Area Residential Residential
Land Use Classification (@ Less than 4 dwelling (@ Less than 4 dwelling units /acre)
units /acre)
Jurisdiction /Zoning Orange County / R -1 City of Ocoee / R -1A
Classification "Single- Family Dwelling" "Single- Family Dwelling"
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Orange County / Low Density Orange County / R -1 "Single- family
Residential Dwelling"
East City of Ocoee / Low Density City of Ocoee / R -1A
Residential
South Orange County / Low Density Orange County / R -1 "Single- family
Residential Dwelling"
West Orange County / Low Density Orange County / R -1 "Single- family
Residential Dwelling"
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 bordered by property located
within the City limits on its eastern boundary.
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. Orange County has been
notified of this petition in accordance with Subsection 13 -A of the City of Ocoee - Orange County Joint Planning
Area Agreement.
Rezoning: City staff has requested a City of Ocoee zoning designation of R -1A (Single - Family Dwelling), which is
consistent with the zoning of the property on the north and east. According to the Land Development Code, the
R -1A zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential ".
The R -1A zoning designation is consistent with the adopted future land use designation of Low Density
Residential, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map.
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..."
Annexation Feasibility & Public Facilities Analysis Report (See Attached): Because the property is part of an
enclave in the City it already benefits from Fire Rescue service via a joint "First Responder" Agreement with
Orange County.
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. The land use and initial zoning are also consistent and
compatible with surrounding properties (See Existing Zoning Map).
Issue:
Should the Honorable Mayor and City Commissioners approve the Annexation and Rezoning (R -1A) Ordinances
for the Luna Property?
Development Review Committee (DRC) Recommendation:
On October 26, 2011, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. The DRC recommended approval of the annexation of the Luna Property.
Planning & Zoning Commission Recommendation:
The proposed Annexation and Rezoning of the Luna property was reviewed at a Public Hearing by the Planning
and Zoning Commission on November 8, 2011. The Planning & Zoning Commission voted unanimously to
recommend approval of the Annexation and Rezoning of the +1- 0.58 acre parcel of land known as the Luna
Property located at 520 3rd Street.
Staff Recommendation:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation Ordinance of the +/ -0.58 acre parcel of land known as
the "Luna Property" with a Rezoning Ordinance classification of "R -1A ".
Attachments:
Annexation Feasibility Analysis
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance
Financial Impact:
None.
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX- 09 -11 -31 & RZ- 11 -09 -20
APPLICANT NAME: Angel Luna
PROJECT NAME: 520 3 STREET ANNEXATION AND REZONING
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 DeWayne Jones
A. Applicant/Owner
1. Owner (if different from Applicant): Angel Luna
B. Property Location
1. General Location: Silver Star Road — West of Clarke Road and north on
3rd Street.
2. Parcel Identification Numbers: 17- 22 -28- 0000 -00 -054
3. Street Addresses: 520 3rd Street
4. Size of Parcels: .58
C. Use Characteristics
1. Existing Use: Single - Family Dwelling
2. Proposed Use: Single - Family Dwelling
3. Density / Intensity: N/A
4. Projected Population: 2.99
D. Zoning and Land Use
1. Orange County Future Land Use: Low Density Residential
2. Orange County Zoning: R -1
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: R -1A
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
11. FIRE DEPARTMENT Chief Pete McNeil
1. Estimated Response Time: 4 1/2 Minutes
2. Distance to Property: Distance from Station 2 (Clarke Rd & A.D. Mims) is
1.5 miles
3. Fire Flow Requirements: Fire flow is 1,000 gpm
111. POLICE DEPARTMENT Chief Charlie Brown
1. Police Patrol Zone / Grid / Area: Zone 1 / Grid 117 Hillside Heights
2. Estimated Response Time: 7 minutes
3. Distance to Property: Distance from Police Station is Approx. 4 miles.
Page 1 of 3
Applicant Name: Angel Luna
Project Name: 520 3rd Street Annexation and Rezoning
Case #: AX- 09 -11 -31 / RZ- 11 -09 -20
4. Average Travel Time 8 minute normal drive time
IV. ECONOMIC VALUE DeWayne Jones
1. Property Appraiser Taxable Value: $147,915
2. Property Appraiser Just Value $147,915
3. Estimated City Ad Valorem Taxes: $858.00
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: N/A
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT DeWayne Jones
1. Within the 100 -year Flood Plain: No
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of 6 inch Water Main adjacent to the property line
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No
3. Extension Needed: No
4. Location and Size of N/A
Nearest Force Main:
5. Annexation Agreement Needed: No, Applicant will use on -site septic.
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: Angel Luna
Project Name: 520 3rd Street Annexation and Rezoning
Case #: AX- 09 -11 -31 / RZ- 11 -09 -20
VII. TRANSPORTATION DeWayne Jones
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 568
VIII. PRELIMINARY CONCURRENCY EVALUATION DeWayne Jones
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 /sewer capacity exists.
C. Water / Sewer:
N/A
D. Stormwater:
At this time, adequate solid waste capacity exists.
E. Solid Waste:
No impact fees will be assessed.
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
1 X. CONSISTENCY WITH STATE REGULATIONS: DeWayne Jones
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.
Page 3 of 3
Luna
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ORDINANCE NO. 2011-025
(Annexation Ordinance For Luna Property)
TAX PARCEL ID #s 17- 22 -28- 0000 -00 -054;
CASE NO. AX- 09- 11 -31: Luna Parcel 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 0.58
ACRES LOCATED ON THE WEST SIDE OF 3rd STREET,
APPROXIMATELY 346 FEET SOUTH OF CENTER STREET; 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 0.58 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).
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 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 , 2012.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2011.
READ SECOND TIME AND ADOPTED
, 2012 UNDER
AGENDA ITEM NO.
-3-
EXHIBIT "A"
Parcel 17- 22 -28- 0000 -00 -054
520 3 Street, Ocoee, Florida
The North 151.3 feet of the South 960.05 feet of the East 1/2 of the Southeast 1/4 of the
Northeast 1/4, LESS the East 370.00 feet and the West 120.00 feet thereof of Section 17,
Township 22 South, Range 28 East, Orange County, Florida, being further described as
follows:
Commence at the Southeast corner of the Northeast quarter of Section 17, Township 22 South,
Range 28 East for a point of reference; thence run Northerly, along the East line of said
Northeast 1/4 to the Northeast corner of the South 960.05 feet of the Southeast 1/4 of said
Northeast 1/4; thence Westerly, along the North line of said South 960.05 feet to the Northwest
corner of the East 370.00 feet of the South 960.05 feet of the East 1/2 of said Southeast 1/4 of
the Northeast 1/4; thence Southerly, along the West line of said East 370.00 feet to the South
line of the North 151.3 feet of said South 960.05 feet; thence Westerly, along said South line of
the North 151.3 feet of the South 960.05 feet to the East line of the West 120.00 feet of the
aforesaid East 1/2 of the Southeast 1/4 of the Northeast 1/4; thence Northerly, along said East
line of said West 120.00 feet to the North line of the aforesaid North 151.3 feet of the South
960.05 feet; thence Easterly, along said North line, to the Point of Beginning.
-4-
EXHIBIT "B"
Luna
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5
ORDINANCE NO. 2011-026
(Rezoning Ordinance For Luna Parcel)
TAX PARCEL ID # 17- 22 -28- 0000 -00 -054;
CASE NO. RZ- 11- 09 -20: Luna Parcel Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "LOW
DENSITY RESIDENTIAL" TO OCOEE R -IA, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.58 ACRES LOCATED ON THE WEST SIDE OF 3rd
STREET, APPROXIMATELY 346 FEET SOUTH OF CENTER STREET;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE
JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the `'Applicant ") of certain real property located within
the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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
0.58 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County R -1, "Low Density Residential," to Ocoee R -IA, "Single Family
Dwelling;" and
WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint
Planning Area Agreement which has been amended from time to time (the "JPA Agreement ");
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the
authority to establish zoning for the real property hereinafter described and to immediately exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City of Ocoee ( "PZC ");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice
thereof with respect to the Rezoning; 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 0.58 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R -1,
"Low Density Residential," to Ocoee R -1A, "Single Family Dwelling;"
SECTION 3. MAP. A map of said land herein described, which clearly shows the area
of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JPA Agreement.
SECTION 5. 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 Chapter 180 of the
Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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.
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SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2012.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2011
READ FIRST TIME , 2011.
READ SECOND TIME AND ADOPTED
, 2012 UNDER
AGENDA ITEM NO.
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EXHIBIT "A"
Begin at the Southeast corner of the Northwest 1 /4 of the Southeast %4 of Section 17, Township 22
South, Range 28 East; thence run westerly, along the South line of said Northwest % to the Shores
of Starke Lake, thence, returning to the Point of Beginning and reflecting right from the last course,
90 °15'35 ", run 185.00 feet (Deed) 184.88 feet (measured) to a' /2" iron rod; thence deflect right
89 °44'52 ", run Southerly to the shores of Starke Lake.
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EXHIBIT "B"
Luna
Location Map
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