Item 10 First Reading of Ordinance for Alli Property – 735 Center Street Annexation & Rezoning; Project No(s): AX-06-17-61 & RZ-17-06-02 ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 16, 2018
Item # /0
Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager:
SUBJECT: First Reading of Ordinance(s) for Alli Property - 735 Center Street
Annexation and Rezoning
Project#AX-06-17-61 & RZ-17-06-02
Commission District# 2 — Rosemary Wilsen
BACKGROUND SUMMARY:
The subject property is located on the south side of Center Street, 450 feet east of Orange Avenue. The parcel
contains one existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to
receive city potable water connection.
The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the
surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Low-Density Residential R-1A(Ocoee) Single-Family
East Low-Density Residential R-1 (Orange County) Stormwater Pond
South Low-Density Residential R-1A(Ocoee) Single-Family
West Low-Density Residential R-1 (Orange County) Single-Family
ISSUE:
Should the Honorable Mayor and City Commission approve ordinances for the annexation of+1- 0.68 acres and
rezoning from Orange County R-1 "Low-Density Residential" to City of Ocoee R-1A "Single-Family Dwelling" of
the property known as Alli Property located 735 Center Street?
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.
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 parcel will receive an "R-1A" (Single-Family Dwelling) 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]. 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."
PLANNING AND ZONING RECOMMENDATION:
On June 28, 2018, the DRC met to determine if the proposed annexation and rezoning was consistence with
the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to
recommend approval of the annexation and rezoning for Alli Property located at 735 Center Street.
RECOMMENDATION:
Based on the feasibility report and recommendation of the DRC, Staff respectfully recommends that the
Honorable Mayor and City Commissioners approve the proposed Annexation and Rezoning to R-1A "Single
Family Dwelling" of the property known as the Alli Property located at 735 Center Street.
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. N/A
Reviewed by 0 N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX-06-17-61 & RZ-17-06-02
APPLICANT NAME: ALLI PUNWANTI
PROJECT NAME: ALLI PROPERTY- 735 CENTER STREET
ANNEXATION & 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 Michael Rumer, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): Alli Punwanti
B. Property Location
1. General Location: The subject property is located on the south side of
Center Street, 450 feet east of Orange Avenue.
2. Parcel Identification Numbers: 17-22-28-000-00-130
3. Street Addresses: 735 Center Street
4. Size of Parcels: Total +1- 0.68 acres
C. Use Characteristics
1. Existing Use: Single-Family Residential
2. Proposed Use: Single Family Dwelling
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: 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
II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time: Less than 5 min.
2. Distance to Property: 1.3 miles
3. Fire Flow Requirements: 1,000 gpm
Page 1 of 3
Applicant Name:Alli Punwanti
Project Alli Property—735 Center Street
Annexation&Rezoning
Case#:AX-06-17-61 &RZ-17-06-02
III. POLICE DEPARTMENT Scott Nylander, Lieutenant
1. Estimated Response Time: 3 minutes
2. Distance to Property: 1.5 miles from West Road Station
3. Average Travel Time: 4 minutes
IV. ECONOMIC VALUE Michael Rumer, City Planner
1. Property Appraiser Taxable Value: $42,000
2. Property Appraiser Just Value Same as above.
3. Estimated City Ad Valorem Taxes: $0
4. Anticipated Licenses & Permits: Unknown
5. Potential Impact Fees: Unknown
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, Development Engineer
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 Already Receives City Water
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 6" force main on south side of E Silver Star Road
Nearest Force Main:
5. Annexation Agreement Needed: There is currently an agreement in place?
C. Other
1. Utility Easement Needed: No
2. Private Lift Station Needed: No
3. Well Protection Area Needed: No
Page 2 of 3
Applicant Name:Alli Punwanti
Project Alli Property—735 Center Street
Annexation&Rezoning
Case#:AX-06-17-61 &RZ-17-06-02
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: NA
VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner
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 and sewer capacity exists.
C. Water/ Sewer:
N/A
D. Stormwater:
At this time, adequate solid waste capacity exists.
E. Solid Waste:
F. Impact Fees: N/A
N/A
G. Public School
IX. SITE SPECIFIC ISSUES Michael Rumer, City Planner
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
Alli Annexation
Location Map
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ORDINANCE NO. 2018-
(Annexation Ordinance for Alli Property—735 Center Street)
TAX PARCEL ID #s 17-22-28-0000-00-130
CASE NO. AX-06-17-61: Alli 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 0.68
ACRES LOCATED ON THE SOUTH SIDE OF CENTER STREET; 450
FEET EAST OF ORANGE 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 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 0.68 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)
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 , 2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED AND
THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2018.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF ,2018 UNDER
,2018 AGENDA ITEM NO.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
-3-
EXHIBIT "A"
THE E 114 FT OF W 342 FT OF FOLLOWING DESC: BEG NW COR OF SW1/4 OF NE1/4
OF SEC 17-22-28 TH RUN S89-56-00E 548.50 FT S00-08-22E 479.56 FT S89-42-22W 50 FT
N00-08-22W 221.79 FT N89-44-35W 499.57 FT N00-00-30E 250 FT TO POB
-4-
"EXHIBIT B"
Location Map
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ORDINANCE NO. 2018-
(Rezoning Ordinance for Alli Property—735 Center Street)
TAX PARCEL ID# 17-22-28-0000-00-130
CASE NO. RZ-17-06-02: Alli Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "LOW-
DENSITY RESIDENTIAL" TO OCOEE R-1A, "SINGLE-FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.68 ACRES LOCATED ON THE SOUTH SIDE OF
CENTER STREET; 450 FEET EAST OF ORANGE AVENUE; 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
0.68 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-1A, "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 0.68 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.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2018.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED ,2018
APPROVED AS TO FORM AND LEGALITY READ FIRST TIME ,2018.
this_day of , 20_.
READ SECOND TIME AND ADOPTED
SHUFFIELD, LOWMAN &WILSON, P.A. ,2018 UNDER
By: AGENDA ITEM NO.
City Attorney
EXHIBIT "A"
THE E 114 FT OF W 342 FT OF FOLLOWING DESC: BEG NW COR OF SW1/4 OF NE1/4 OF
SEC 17-22-28TH RUN S89-56-00E 548.50 FT S00-08-22E 479.56 FT S89-42-22W 50 FT N00-
08-22W 221.79 FT N89-44-35W 499.57 FT N00-00-30E 250 FT TO POB
"EXHIBIT B"
Location Map
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