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Item #08 Chaundhry & Angard - 1102 E. Silver Star Road - First Reading of Annexation Ordinance florida AGENDA ITEM COVER SHEET Meeting Date: March 3, 2015 Item # Reviewed By: Contact Name: Mike Rumer Department Director: Contact Number: (407) 905 -3100 x 1018 City Manager: Subject: Chaudhry and Angard — 1102 East Silver Star Rd Annexation Project No(s): AX- 07 -14 -46 Commission District #2 — Rosemary Wilsen ISSUE: Should the Honorable Mayor and City Commission approve the ordinance for annexation of the +/- 0.75 acre parcel of land known as the Chaudhry and Angard Parcels? BACKGROUND: General Location: The subject properties are located on the west side of 2nd Street and east side of Whittier Avenue, fronting E Silver Star Road. Parcel Identification Number(s): 17- 22 -28- 3624 -01 -230, 17- 22 -28- 3624 -01 -210, 17- 22 -28- 3624 -01 -200, 17 -22- 28- 3624 -01 -190 Physical Address: 1102 E Silver Star Road Property Size: +/- 0.75 acres Actual land use, proposed land use and unique features of the subject property: The subject parcels contain one single - family dwelling. The future land use of the subject property CURRENT PROPOSED Jurisdiction /Future Land Orange County / Low Density City of Ocoee / Office Professional Use -Joint Planning Area Residential Land Use Classification (@ Less than 4 dwelling units /acre) City Commission Meeting Date: March 3, 2015 Project: Chaudhry and Angard Project Number(s): AX- 07 -14 -46 The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING City of Ocoee / Office Orange County / "R -1" North Professional East City of Ocoee / Commercial City of Ocoee / "C -1" South City of Ocoee / Low Density City of Ocoee / PUD — Low Density West Orange County / Low Density Orange County / "R -1" 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 is bordered by property located within the City limits on the north, south and east. 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 parcels will retain Orange County zoning upon annexation. 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]. Annexation Feasibility & Public Facilities Analysis Report (See attached): Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue services 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. Development Review Committee (DRC) Recommendation: On February 3, 2015, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation for the Chaudhry and Angard parcels. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Chaudhry and Angard annexation on February 10, 2015. City Staff presented a brief summary and overview of the requested actions. After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the Annexation of the +/- 0.75 acres. 2 City Commission Meeting Date: March 3, 2015 Project: Chaudhry and Angard Project Number(s): AX- 07 -14 -46 Recommendations Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Honorable Mayor and City Commissioners approve the Annexation Ordinance for the +/- 0.75 acre parcel of land known as the Chaudhry and Angard Parcels. Attachments: Annexation Feasibility Analysis Location Map Surrounding Zoning Map Future Land Use Map Aerial Map Annexation Ordinance Financial Impact: None 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. N/A Reviewed by 0 N/A 3 CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER(S): AX- 07 -14 -46 APPLICANT NAME: CHAUDHRY AND ANGARD PROJECT NAME: 1102 E SILVER STAR RD 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 Michael Rumer, City Planner A. Applicant/Owner 1. Owner (if different from Applicant): Nasim Chaudhry and Dave Angard B. Property Location 1. General Location: The subject property is located on the west side of 2nd Street and east side of Whittier Avenue, fronting Silver Star Road. 2. Parcel Identification Numbers: 17- 22 -28- 3624 -01 -230, 17- 22 -28- 3624 -01 -210, 17- 22-28- 3624 -01 -200, 17- 22 -28- 3624 -01 -190 3. Street Addresses: 1102 E Silver Star Rd 4. Size of Parcels: Total +/- 0.75 acres C. Use Characteristics 1. Existing Use: Single - Family and Vacant 2. Proposed Use: Single - Family Residential Development 3. Density / Intensity: Not to exceed 4 dwelling units /acre 4. Projected Population: 12 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: Professional Office 4. Proposed Ocoee Zoning: Orange County R -1 E. Consistency 1. Joint Planning Area _ Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Interim Chief T. Hoover 1. Estimated Response Time: 4 Minutes 2. Distance to Property: 2 Miles 3. Fire Flow Requirements: N/A III. POLICE DEPARTMENT Chief Charlie Brown 1. Estimated Response Time: 1 Minute 2. Distance to Property: Approx. 2 miles. Page 1 of 3 Applicant Name: Chaudhry and Angard Project 1102 E silver Star Rd Case #: AX- 07 -14 -46 3. Average Travel Time 4 minutes IV. ECONOMIC VALUE Michael Rumer, City Planner 1. Property Appraiser Taxable Value: Four Parcels at $14,000 each, $84,000 2. Property Appraiser Just Value Same as above. 3. Estimated City Ad Valorem Taxes: $500 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: Unknown 6. Total Project Revenues: Same as above. V. BUILDING DEPARTMENT Michael Rumer, City Planner 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: Potable Water 3. Extension Needed: Yes 4. Location and Size of Six Inch Line on 2nd Street Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: No 3. Extension Needed: Yes 4. Location and Size of Six Inch Force on south side of Silver Star Rd Nearest Force Main: 5. Annexation Agreement Needed: No 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: Chaudhry and Angard Project 1102 E silver Star Rd Case #: AX -07 -14-46 VII. TRANSPORTATION Michael Rumer, City Planner 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 568 VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner At this time, adequate transportation capacity exists; however, this condition A. Transportation: may change and will be subject to a concurrency evaluation during the subdivision plan approval process. At this time, adequate park /recreation capacity exists; however, this condition B. Parks / Recreation: may change and will be subject to a concurrency evaluation during the subdivision plan approval process. At this time, adequate water and sewer capacity exists; however, this C. Water / Sewer: condition may change and will be the subject to a concurrency evaluation during the subdivision plan approval process. The applicant will be required to handle the stormwater on -site, according to D. Stormwater: the City Code and the regulations of the St. John's River Water Management District. At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be the subject to a concurrency evaluation during the site plan approval process. F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits. The lots are vested from School Concurrency. G. Public School IX. SITE SPECIFIC ISSUES Michael Rumer, City Planner All six lots are currently undeveloped. X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner 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 Chaudry & Angard -1102 E Silver Star Road Annexation Location Map _ cn g op alEY L 1 ' 4 MINI Oral o -o a) a 4 o Na.1 ?-.2 0 'MEM , �O MIN ' S . C .%. — c lim-7 NEI -2 � M Ina' • a a 0 , I aga , ow • arriga0 i k 1 /4 ft■ OAIIII1 a r ' AKESTA' 1 V o � LAKE OLYMPIA i h � • i iiw'' t -/ 4 ' -to da, � 1p biffw 11 / illiki ' ; .1.W. 8 } : : , ----_____ II . 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AX- 07- 14 -46: CHAUDHRY AND ANGARD 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 0.75 ACRES LOCATED ON THE WEST SIDE OF 2nd AND EAST SIDE OF WHITTIER AVENUE, ADJACENT TO THE NORTHERN RIGHT -OF- WAY LINE OF E SILVER STAR ROAD; 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 0.93 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 -1- 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 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. -2- 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. 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 , 2015. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED AND READ FIRST TIME , 2015. READ SECOND TIME AND ADOPTED , 2015 UNDER AGENDA ITEM NO. -3- EXHIBIT "A" -4- EXHIBIT "B" Chaudry & A ngard -1102 E Si Star Road Annexation Location Map 1 1 mil 1 _ Irby =i --0 7 1 T — 0)! - t - 5 .1 v � O O O O t - y � 0i N I __ ,: rean - N. MN= c0 \ M V�J / - - — — — SIIv! r St r e / \ O � i / ' / ' 4 • LAKE ST _� ‘..., III N I 7 LAKE OLYMPIA c , A , ..,,,,,,,, x - - c.. ____, \\\ Q 1. cot n, f 0 �� -5-