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ITEM #07 Ocoee Pines AGENDA ITEM COVER SHEET Meeting Date: October 17, 2006 Item # 1 ~ Contact Name: Contact Number: J. Antonio Fabre 407-905-3100 X 1019 Reviewed By: Department Director: City Manager: Subject: Ocoee Pines (AKA: Whispering Pines) Annexation AR 04-08-21 Background Summary: Ocoee Golf, LLC, the applicant, is requesting annexation of the subject property into the jurisdictional boundary of the City of Ocoee. The subject property includes approximately 111 acres of land and is generally located northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is vacant, wooded and undeveloped. The property essentially is a remnant of a historic mobile home park (West Orange Park) that was never developed. On August 8, 2006, the property was re-platted under the Orange County jurisdiction as "Ocoee Pines". This plat dedicated significant right-of-way for the future Clarcona-Ocoee Roadway realignment. Issue: Should the Honorable Mayor and City Commission approve the Annexation of +/-111 acres parcel of land known as "Oooee Pines"? CONSISTENCY WITH STATE & LOCAL REGULATIONS: State of Florida: 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 north and west limits of this property touches the Forest Lake Golf Course and to the northeast is Ingram Trails residential subdivision both of which are in the City limits. The two small parcels have access easements provided by Plat. The City eventually plans to condemn these two parcels and annex them into its corporate limits. The subject property is considered contiguous to the City of Ocoee and, therefore, eligible for annexation. 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. The applicant is not requesting rezoning at this time. 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. 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 Policv...." [Emphasis added] Annexation Feasibilitv & Public Facilities Analvsis 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. Should the property owners choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (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. Upon annexation, the property will assume a Low Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. Recommendations: DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On September 18, 2006, the ORe met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation of Ocoee Pines as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation of Ocoee Pines property will be reviewed by the Planning and Zoning Commission on October 10, 2006. Staff will incorporate the P&Z formal recommendation into the City Commission's Staff Report for the scheduled Second Reading of the attached Ordinance. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Mayor and City Commissioners approve the Annexation of the +/-111 acres parcel of land known as Ocoee Pines. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance An Annexation Agreement will be provided at the Second Reading of this Ordinance. Financial Impact: No Impact Type of Item: Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DeDt Use: Consent Agenda Public Hearing X Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City N/A Attorney Reviewed by Finance N/A Dept. Reviewed ( ) N/A by 1 .. Ocoee Pines (AKA: Whispering Pines) Location Map ~I ~~ i- i- . . . - . ,'II - Il ' ~ V II ~ ~ r- 'l/::;~...~ -f_ LL.\1.. ~ . . . . " '~I ~ ~ II INr.luLtl 1/11111 I . : I r I I C JULES I I ~ ~ s _~ ~~ ~~II I ~t::J II II tIiI[1] -- =H .'\= - - --;--\ l- ~ I~bhl I.. 1/', IAI I I- ~II I II []]]I]""j i r I I I I I I I I I \ ~ IA-rll I BJIIJJ ~ I I ~ATNI dill; I II ~ I I I OJIIID = EHHttHB ~ I ITQ;[[] /1 I I I Iii(:; Q I I I I I III _I'\. I I I I I I \J gl I I I .1111 111 R;. -. I ~ ~ 1:"- 1 tmt rll I III =t:;::;= _ ~ E:~ ==~ f= I -I- f--I-- - -'- >- ~~ - ~ -I- f-f- - j t: = -= ~ I -'::::t /' ~ I- - - f- ~ I l ~ (1'1 ,I, I ... ~D r- I~ J LAKE MEADO~ .-. J :J LAKE MEADD" II I \ liT ~ I I I I I.. EMEADO~ I ~!R ~ ==1'---1 I- -l ~l. II I- 9 - ocuEi"'e Ocoee Community Development Department 1 Inch equals BOO feet 250125 0 250 500 750 Feet Printed: September 2006 CSUbject Property ~ Unincorporated Territory ~ and Other Municipalties _ Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilitiesl/nstitutional Lakes and Water Bodies Ocoee Pines (AKA: Whispering Pines) Future Land Use Map l' 1M ~a !1t ,M' ~li'{ CD:: 'J!b CN~1~;' i-;~;y. ~"'i'j,[ " r:~ \ f.I:!I/ ~fj~:~ u~r ':':1 /-"!' I $' CI,) REC , I- ~ 9 - QCUEE Ocoee Community Development Department 1 inch equals 800 feet 270135 0 270 540 810 Feet Printed: month year CSUbject Property ~ Unincorporated Territory I;",I,;l,;l,I and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) _ Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT -1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) BII Commercial (PUD) 1m Low Density (PUD) _ Medium Density (PUD) _ High Density (PUD) _ Public Use (PUD) /' ~ Unclassified Lakes and Water Bodies Ocoee Pines (AKA: Whispering Pines) Surrounding Zoning Map R-1AA LAKE MEADO R-1A CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AR-04-08-21 ApPLICANT NAME: Ocoee Golf, LLC & others PROJECT NAME: OCOEE PINES (AKA: WHISPERING PINES) 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. II. PLANNING DEPARTMENT Antonio Fabre, AICP I Same B. Property Location 1. General Location: North & East of Clarcona-Ocoee Road, and South & West of Forest Lake Golf Course. 2. Parcel Identification Number: 05-22-286432-00-003, 05-22-28-6432-00-004, et. al. 3. Street Address: n/a 4. Size of Parcel: +/-111 acres c. Vacant Single- & Townhome Residential Subdivision Approx. 4 dwellin units/acre ( ross 1,029 D. Low Density Residential (Rural) Agriculture "Citrus Rural" (A-1 Low Density Residential Planned Unit Development (PUD E. Yes Yes I II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-5 minutes 2. Distance to Property: 2.8 miles from Station 28 on Clarke Road 3. Fire Flow Requirements: 500 gpm. Page 1 of 3 Applicant Name: Ocoee Golf LLC & others Project Name: Ocoee Pines (AKA: Whispering Pines) Case #: AR-04-08-21 I VII. TRANSPORTATION Antonio Fabre, AICP 1. Paved Access: Yes 2. ROW Dedication: Yes, tor the Clarcona-Ocoee Road re-alignment and widening. According to "Construction Plans tor Clarcona-Ocoee Road trom Ocoee-Apopka to East ot Clarke Road", date stamped 12/04/02, the right-ot- way needed will be 130 teet or 65 teet trom centerline. 3. Traffic Study: Yes 4. Traffic Analvsis Zone: 543 VIII. PRELIMINARY CONCURRENCY EVALUATION Antonio Fabre, AICP At this time, adequate transportation capacity exists; however, this condition A. Transportation: may change and will be subject to a concurrency evaluation during the site Ian a roval rocess. At this time, adequate park/recreation capacity exists; however, this condition B. Parks I Recreation: may change and will be subject to a concurrency evaluation during the site Ian a roval rocess. At this time, adequate water/sewer capacity exists; however, this condition C. Water I Sewer: may change and will be subject to a concurrency evaluation during the site plan approval process. Any extensions will be the responsibility ot the a licant. The applicant will be required to handle the stormwater on-site, according to D. Stormwater: the City Code and the St. Johns River Water Management District regulations. At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan a roval rocess. Actual impact tees will be calculated during the site plan approval process. F. 1m act Fees: I IX. SITE SPECIFIC ISSUES All Departments I n/a Ix. CONSISTENCY WITH STATE REGULATIONS: Antonio Fabre, AICP I The proposed annexation meets Ch. 171 requirements since access is provided to two small lots by recorded (Ocoee Pines) Plat. Page 3 ot 3 ORDINANCE NO. (Annexation Ordinance for Ocoee Pines) TAX PARCEL ID #s CASE NO. AR-04-08-21: OCOEE PINES AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 110.93 ACRES LOCATED NORTH AND WEST OF CLARCONA-OCOEE ROAD, AND TO THE EAST OF FOREST LAKE GOLF COURSE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXA TION 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 said real property 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 ofOcoee (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 "JP A 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 JP A Agreement, as amended, and to be in the best interest of the City of ORLA_ 424010.1 -1- consistent with the lP A Agreement, as amended, 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. 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. 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. 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 APART 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. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. 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. 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. ORLA_ 424010.1 -2- Section 9. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. 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 APPROVED: ,2006. 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 , 2006 ADVERTISED AND READ FIRST TIME , 2006. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_424010.1 -3- EXHIBIT "A" Legal Description - "Ocoee Pines" A portion of Section 5, Township 22 South, Range 28 East, Orange County, Florida, and a Replat of a portion of West Orange Park, according to the Plat thereof, as recorded in Plat Book M, Pages 1,4 and 5 of the Public Records of Orange County, Florida, being more particularly described as follows: Commence at the South 1/4 corner of said Section 5; thence run N 00034'28" E, along the North-South center section line of said Section 5, a distance of 1417.39 feet to the Southwest corner of the Northwest 1/4 of the Southeast 1 /4 of said Section 5; thence run N 00015'45" E, along the West line of said West Orange Park, a distance of 516.00 feet to the POINT OF BEGINNING; thence continue to run N 00015'45" E, along said West line, a distance of 900.64 feet; thence run N 02047'38" E, along said West line, a distance of 1381.02 feet to the North line of said West Orange Park; thence run S 87000'58" E, along said North line, a distance of 1323.24 feet; thence run S 87002'32" E, along said North line, a distance of 1328.25 feet; thence departing said North line, run S 02014'23" W, a distance of 106.50 feet; thence run S 73028'15" W, a distance of 448.75 feet; thence run S 02019'19" W, a distance of 180.78 feet; thence run S 88005'37" E, a distance of 125.05 feet; thence run S 02011'03" W, a distance of 129.00 feet; thence run N 88005'44" W, a distance of 150.20 feet; thence run S 02014'58" W, a distance of 129.01 feet; thence run N 88005'39" W, a distance of 200.09 feet; thence run S 02015'12" W, a distance of 258.01 feet; thence run S 88005'44" E, a distance of 50.35 feet; thence run S 02014'23" W, a distance of 129.00 feet; thence run N 88005'44" W, a distance of 50.00 feet; thence run S 02014'23" W, a distance of 258.00 feet; thence run N 88005'44" W, a distance of 13.96 feet; thence run S 00010'05" W, a distance of 943.27 feet; thence run N 89008'55" W, a distance of 166.44 feet; thence run N 00011'55" E, a distance of 272.02 feet; thence run N 89008'55" W, a distance of 498.87 feet; thence run S 00017'22" W, a distance of 425.44 feet; thence run S 89047'57" W, a distance of 550.00 feet; thence run S 00017'22" W, a distance of 233.00 feet to a point on the North right of way line of Clarcona-Ocoee Road; thence run S 89047'57" W, along said North right of way line, a distance of 100.00 feet; thence departing said North right of way line, run N 00017'22" E, a distance of 491.00 feet; thence run S 89047'57" W, a distance of 685.80 feet to the POINT OF BEGINNING. Less and except Lots 26 and 27, Block 2, Lot 8, Block 4, Lot 11, Block 5, Lots 1 & 2, Block 9, Lot 3, Block 17, Lots 26,27,28,29 and 30, Block 20, Lots 28 & 29, Block 22, Lots 47 & 48, Block 26 and Park Lying North of Block 6, all being in said West Orange Park. Containing 110.93 acres, more or less. ORLA_ 424010.1 -4- EXHIBIT "B" Ocoee Pines (AKA: Whispering Pi nes) Location Map 1;111~ . ---a. - I ~ "".i ~~ ~ ill ~ ;~, ~ ,1:~ ~ I' g~~~ I~ ,:i'l i :' , ! ,1 I!' IL.I.I.! lL L:V: .~ ~ ,~r ,~,...~ . . . . I); I~ Il ~ IlY'i \\ ? \~ / / I (~';, ~ ~ ill! ::;~//';'/ ~. 1/ ,"",h/il ,:/:/.;/ C II II II I 1 ~ I lIic~l~~N lE J / I I '" JU ESI '! rr- LA KE MEADOVli (/ L ~ bh L - r- I !ii I ) cfl cARe II~ I s; _~ L1 IKkHJ~1 II -I ~~I~r J. ::~ -~Q i =~ ,- ~ BItE tIiiIIrJ ~ I ill E 5m~~ I 111/./ ~ i<IlT~ aA~ I ........ I D t2t5\E EffiHffiB"' ~ LAKE MEA D Olili /1'111 I J\!ll\~ II '--- \ I I I I I 1, E MEA D Olili e m" , II "' ,," II ,"" '''"'~ -- = ~ :TI:t'"'l ~ ~~ - H II ~ - ~ === =~ -- - - - ~ '1 \ \ -- = ~ -~ -~ "'- ....." 1!i~ I -I- _ ~ :>: -:; -I-" :! ~ ~l f- .......... ~ - ~ -f- II ~ f- ORLA_ 424010.1 -5-