Loading...
Item #07 a.b. Ocoee Elementary School Annexantion and Rezoning�k W.01or AGENDA ITEM STAFF REPORT Meeting Date: February 4, 2014 Item # 77 Contact Name: Contact Number J. Antonio Fabre, AICP Reviewed By: Department Director: City Manager: 407 - 905 - 3100/1019 Subject: Ocoee Elementary School Expansion Site Annexation & Initial Zoning Ordinances Project No(s): AX- 11 -13 -42 & RZ- 13 -11 -10 Commission District # 2 — Rosemary Wilsen Background /Summary General Location On the northeast corner of E. Orlando Avenue and S. Lakewood Avenue. Parcel Identification Number(s 20- 22 -28- 0000 -00 -070 Physical Address: No address at this time. Property Size +/- 6.42 acres. Actual land use, proposed land use and unique features of the subject property: The subject parcel is the expansion site for the existing Ocoee Elementary School. The future land use & requested initial zoning classification of the subject property: The current Jurisdiction, future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT PROPOSED Jurisdiction /Future Land Orange County / City of Ocoee / Use -Joint Planning Area Low Density Residential Low Density Residential Land Use Classification Orange County / Orange County / "A -2" Jurisdiction /Zoning Orange County / "A -2" City of Ocoee / "A -1" Classification City of Ocoee / City of Ocoee / "R -1 AAA" The current Jurisdiction, future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North City of Ocoee / City of Ocoee / "A -1" Public Facilities - Institutional East Orange County / Orange County / "A -2" Low Density Residential South City of Ocoee / City of Ocoee / "R -1 AAA" Low Density Residential West City of Ocoee / City of Ocoee / "R -1AX Low Density Residential 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 the north, west and south adjacent boundaries. 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. City staff is concurrently requesting rezoning of the property to "A -1" (General Agricultural). Orange County has been notified of this petition in accordance with Section 171.044(6) FS and 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 "A -1" (General Agricultural), which is consistent with the zoning of the property to the North (the existing Ocoee Elementary School property). According to the Land Development Code, the A -1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential" and appropriate for areas designated as "Institutional /Government ". The A -1 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 Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that the urban services could be adequately provided to the subject property (See attached "Annexation Feasibility Analysis "). 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. Issue Should the Honorable Mayor and Commissioners approval of the Annexation and Initial Zoning (A -1) Ordinances for the Ocoee Elementary School Expansion Site? Development Review Committee Recommendation: On December 10, 2013, the DRC met to determine if the proposed annexation and initial zoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and initial zoning for the Ocoee Elementary School Expansion Site. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Annexation and Initial Zoning for Ocoee Elementary School Site on January 14, 2014. City Staff presented a brief summary and overview of the requested actions. City Staff answered several questions regarding existing conditions, access into the site, student pickup car line and overall traffic issues for the area. All of these questions were addressed adequately in the P &Z meeting. There was no one from the public to speak regarding this proposal. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend to the Ocoee City Commission approval of the Annexation of the +/- 6.42 parcel of land known as the Ocoee Elementary School Expansion Site with an Initial Zoning classification of "A -1 ". Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the City Commission approval of the Annexation of the +/- 6.42 acres parcel of land known as the Ocoee Elementary School Expansion Site with an Initial Zoning classification of "A-1". 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') Public Hearing For Clerk's Dept Use: X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda 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- 11 -13 -42 & RZ- 13 -11 -10 APPLICANT NAME: Orange County Public Schools (OCPS) PROJECT NAME: OCOEE ELEMENTARY SCHOOL SITE 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 J. Antonio Fabre, AICP A. Applicant/Owner 1. Owner (if different from Applicant): School Board Of Orange Countv Florida B. Property Location 1. General Location: Northeast corner of S. Lakewood Ave and E. Orlando Ave. 2. Parcel Identification Numbers: 20- 22 -28- 0000 -00 -070 3. Street Addresses: No Address at this time 4. Size of Parcels: +/- 6.417 acres C. Use Characteristics 1. Existin Use: Ocoee Elementary School Expansion Site 2. Proposed Use: Ocoee Elementary School Expansion Site 3. Density / Intensity: N/A 4. Projected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: A -2 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: A -1 E. Consistencv 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Pete McNeil Chief Charlie Brown 1. Estimated Response Time: Less than 5 min Zone /Area 4 Grid 65 2. Distance to Property: 1/8 of a Mile 1 min 3. Fire Flow Requirements: 1500 GPM POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone / Grid / Area: Zone /Area 4 Grid 65 2. Estimated Response Time: 1 min 3. Distance to Property: 2 miles 4. Average Travel Time 4 minutes Page 1 of 1 Case #(s) AX- 11 -13 -42 & RZ- 13 -11 -10 IV. ECONOMIC VALUE J. Antonio Fabre, AICP 1. Property Appraiser Taxable Value: $128,400 2. Property Appraiser Just Value N/A 3. Estimated City Ad Valorem Taxes: N/A 4. Anticipated Licenses & Permits: N/A 5. Potential Impact Fees: N/A 6. Total Project Revenues: N/A V. BUILDING DEPARTMENT J. Antonio Fabre, AICP 1. Within the 100 -year Flood Plain: VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. 1. In Ocoee Service Area: Yes 2. 2. City Capable of Serving Area: Yes 3. 3. Extension Needed: No 4. 4. Location and Size of Nearest Water Main: 10 inch water main on Orlando Avenue. C FM Sanitary Sewer 1. Utility Easement Needed: 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of Nearest Force Main: There is a gravity main on Orlando Avenue that the existing school is already connected to at this time. 5. Annexation Agreement Needed: No Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No TRANSPORTATION J. Antonio Fabre, AICP 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 526 Page 2of2 Case #(s) AX- 11 -13 -42 & RZ- 13 -11 -10 VIII . PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP N/A A. Transportation: N/A B. Parks / Recreation: N/A C. Water/ Sewer: N/A D. Stormwater: N/A E. Solid Waste: N/A F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments The subject parcel is the expansion site for Ocoee Elementary School. Construction of the Orange County Public School is currently under OCPS development orders. X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP 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 ■ ��■■■■■■■■ ■�� Mongol a ©�0�]■■■� a IN QIuii� ■ = �:�■■■■■■■� �r■��I ■ :11111 "�� = " ■ . I■1� �■■ � 111' ' �= � - 1111= ■:1111111�� 1 ii W � O � e L cu el — CO O � O r- .0 w S v U) — , >+ O o i N c E CD 0 W O - U Q� L Ar cu 0� m P I q no v u Ki ee N ' N � i e �j� O o o n N cn rn O c Ql ul V - aai o (L) Q a� m a� — .E otS .Q N 0 7 LL n a) (1) ° _ C p m 'C N O O (0 T u p C d N a Q c ca ca ca n3 o U o LL cu N a) 00 ca ° a� a� a� m a a��i E ai .L a3 a� 0 .v U) Q ®0 1 111 11� r: ­ 1 VIM wpm -4A jt • W1, ­ dW I "' -. FF � i..u` At lip t'o ORDINANCE NO. (Annexation Ordinance for Ocoee Elementary School Expansion Site) TAX PARCEL ID: 20- 22 -28- 0000 -00 -070 CASE NO. AX- 11- 13 -42: Ocoee Elementary School Expansion Site AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.42 ACRES LOCATED ON THE NORTHEAST SIDE OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD AVENUE, 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 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 6.42 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 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, which agreement has from time to time been amended by Orange County and the City of Ocoee (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 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 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. ANNEXATION TO CENTERLINE OF ROAD The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right -of -way located adjacent to the real property described on Exhibit " A" attached hereto, provided, however, that the annexation of any such right -of -way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. Section 6. 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, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 7. CORPORATE LIMITS The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 8. 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 9. 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 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. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its 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 effective date. PASSED AND ADOPTED this day of 2014 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2014 SHUFFIELD, LOWMAN & WILSON, P.A. LE City Attorney ADVERTISED AND READ FIRST TIME - 7,2014. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. -4- EXHIBIT "A" -5- EXHIBIT "B" Map of Annexed Area (See attached map) w ORDINANCE NO. (Initial Zoning Ordinance for Ocoee Elementary School Site Expansion) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE A -1 ZONING, GENERAL AGRICULTURE DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 6.42 ACRES LOCATED ON THE NORTHEAST CORNER OF EAST ORLANDO AVENUE AND SOUTH LAKEWOOD AVENUE, OCOEE, FLORIDA, 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 AN EFFECTIVE DATE. WHEREAS, the owner (the "Owner") 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 zone said real property to Ocoee A -1, General Agriculture District (the "Zoning "); WHEREAS, pursuant to Section 5 -9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); 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 Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 ( Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Zoning The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 6.42 acres located within the corporate limits of the City of Ocoee. Florida, is hereby established as Ocoee A -1, General Agriculture District: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property "). SECTION 3. Map A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. Official Zoninp, 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 Zoning 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 5. Ocoee Comprehensive Plan and JPA Consistency The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 6. Inconsistent Ordinances All ordinances or parts of ordinances in conflict or inconsistent 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. SECTION 8. Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 20 ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of .20 SHUFFIELD LOWMAN & WILSON, P.A. C APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED ,20 UNDER AGENDA ITEM NO. City Attorney -4- EXHIBIT "A" THE PROPERTY -5- EXHIBIT "B" [INSERT MAP] -6-