Item 11 Second Reading of Ordinance for VMG Estates – 815 Clarcona Ocoee Road (N. Lakewood Avenue) Annexation; Project No: AX-07-18-73 t J'
ocoee
Florida
AGENDA ITEM COVER SHEET
Meeting Date: December 4, 2018
Item # / 1
._ Reviewed By:
Contact Name: Michael Rumer, Clty Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager:
SUBJECT: VMG Estates Ocoee— 815 Clarcona Ocoee Road Annexation
Project#AX-07-18-73
Commission District# 1 —John Grogan
BACKGROUND SUMMARY:
The first reading of ordinance was read at the November 20, 2018 City Commission meeting.
The subject property is located on the east side of Clarcona Ocoee Road, at 815 Clarcona Ocoee Road (N.
Lakewood Ave.). The overall parcel is 3.89 acres in size. The subject parcel identification number is 08-22-28-
0000-00-028.
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-2 (Orange County) Single-Family Dwelling
East Low-Density Residential R-2 (Orange County) Single-Family Dwelling
South Low-Density Residential R-1 (Ocoee) Single-Family Dwelling
West Low-Density Residential R-1 (Orange County) Single-Family
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinance for the annexation of +1- 3.89 acres
of the property known as VMG Estates Ocoee at 815 Clarcona Ocoee Road?
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 all sides.
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. (JPA is not currently in
effect.)
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."
DISCUSSION:
The property is proposed for annexation in order to be located within the City limits of Ocoee. A proposed
rezoning and subdivision plan will be processed under the next phase. Annexation at this time will enable the
applicant to design and engineer under the City's regulations.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on October 3, 2018, and reviewed the Annexation. When the
discussion was finished, the DRC voted to recommend approval of the Annexation of the 3.89 acres.
PLANNING AND ZONING RECOMMENDATION:
On October 9, 2018, the Planning and Zoning Commission (P&Z) met to determine if the proposed annexation
was consistent with the City's regulations and policies. When the discussion was finished, the Planning and
Zoning Commission voted to recommend approval of the annexation for VMG Estates located at 815 Clarcona
Ocoee Road.
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 of the property known as VMG
Estates located at 815 Clarcona Ocoee Road.
ATTACHMENTS:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation 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 A Public Hearing
Resolution Regular Agenda
X Commission Approval
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX-07-18-73
APPLICANT NAME: VMG
PROJECT NAME: VMG ESTATES OCOEE —815 CLARCONA OCOEE ROAD
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): VMG
B. Property Location
1. General Location: The subject property is located on the east side of
Clarcona Ocoee Road, at 815 Clarcona Ocoee Road
(N. Lakewood Ave.).
2. Parcel Identification Numbers: 08-22-28-0000-00-028
3. Street Addresses: 815 Clarcona Ocoee Road
4. Size of Parcels: Total +/- 3.89 acres
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: Single-family Residential
3. Density/ Intensity: Not to exceed 4 dwelling units/acre
4. Projected Population: 0
D. Zoning and Land Use
1. Orange County Future Land Use: Rural
2. Orange County Zoning: A-1
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: Undetermined
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Fire Department
1. Estimated Response Time: Response time is 2-4 minutes
2. Distance to Property: Distance is approx. 2.13 miles from Station 25
(Bluford Avenue)
3. Fire Flow Requirements: Depends on Building Type
Page 1 of 3
Applicant Name:VMG
Project:VMG Estates Ocoee
Case#:AX-07-18-73
III. POLICE DEPARTMENT Chief Charlie Brown
1. Estimated Response Time: 3 Minute
2. Distance to Property: Approx. 1.5 miles from West Rd Station
3. Average Travel Time 4 minutes
IV. ECONOMIC VALUE Michael Rumer, City Planner
1. Property Appraiser Taxable Value: $89,240
2. Property Appraiser Just Value Same as above.
3. Estimated City Ad Valorem Taxes: $490
4. Anticipated Licenses & Permits: Unknown
5. Potential Impact Fees: Unknown
6. Total Project Revenues: Unknown
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, E.I.
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 12" Inch Line on east side of N Lakewood Ave
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes
4. Location and Size of Six Inch Force Main on west side of road.
Nearest Force Main:
5. Annexation Agreement Needed: Yes
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:VMG
Project:VMG Estates Ocoee
Case#:AX-07-18-73
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: Yes
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:
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.
E. Solid Waste:
F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits.
N/A
G. Public School
rfl. SITE SPECIFIC ISSUES Michael Rumer, City Planner
No specific site conditions.
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
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ORDINANCE NO. 2018-
(Annexation Ordinance for 815 Clarcona Ocoee Road AKA North Lakewood Avenue)
TAX PARCEL ID #s 08-22-28-0000-00-028
CASE NO. AX-07-18-73: VMG Estates Ocoee 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 3.89
ACRES LOCATED ON THE EAST SIDE OF NORTH LAKEWOOD
AVENUE; 103 FEET NORTH OF BURNT TREE COURT; 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 3.89 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"
BEGIN AT THE SOUTHWEST CORNER OF THE SW 1/4 OF THE SW % OF SECTION 8.
TOWNSHIP 22 SOUTH, RANGE 28 EAST. RUN THENCE NORTH ON THE SECTION LINE
280 FEET, THENCE RUN EAST 630 FEET, THENCE RUN SOUTH 280 FEET, THENCE RUN
WEST 630 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA, LESS
ROAD RIGHT-OF-WAY ON THE WEST.
-4-
Exhibit B
Location Map
815 Clarcona Ocoee Road (aka N Lakewood Ave.)
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COPY OF ADVERTISEMENT
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
VMG ESTATES OCOEE
Date Published and Ml 815 CLARCONA OCOEE ROAD
(N.LAKEWOOD AVE.)
ANNEXATION
4B The West Orange Times Thursday,November 22.2018 _ CASE NUMBER°�0718-'3
r NOTICE L9 HEREBY GIVEN,pursuant to Article I,Section 1-10.A,(1)and Article
V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,
DECEMBER 4,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE
CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com-
mission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the an-
nexation for VMG Estates Ocoee.The property is located at 815 Clarcona Ocoee
Road(N.Lakewood Ave.).The property is identified as Parcel Number 08-22-28-
Advertisement or
0000-00-028.The subject property is approximately 3.89 acres in size.The pro-
posed annexation would be from unincorporated Orange County to City of Ocoee.
ORDINANCE NO.2018-040
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CER-
TAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.89 ACRES
LOCATED ON THE EAST SIDE OF NORTH LAKEWOOD AVENUE;103
FEET NORTH OF BURNT TREE COURT;PURSUANT TO THE APPLICA-
TION SUBM1I FhD BY THE PROPERTY OWNER, FINDING SAID AN-
NEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN, THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDAT-
ING OF OFFICIAL CITY MAPS;PROVIDING DIRECTION TO THE CITY •
CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSIS-
TENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE.
115 Ciarcone Ocoee Road(N.Lakewood Ave.)VMG Fsfalrs
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Pursuant to Subsection 5-9 B.of the Land Development Code,the Planning Di-
rector has determined that the requested annexation is within the Ocoee-Orange
County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County
JPA Land Use Map and the Ocoee Comprehensive Plan.If the applicant's request
for annexation is approved,the annexation would incorporate the property into the
City of Ocoee.
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions.The complete case file,including a complete le-
gal description by metes and bounds,may be inspected at the Ocoee Planning
Department located at 150 North Lakeshore Drive,Ocoee,Florida between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.
The Ocoee City Commission may continue the public hearing to other dates and
times,as it deems necessary. Any interested party shall be advised of the dates,
times,and places of any continuation of these or continued public hearings shall
be announced during the hearing and no further notices regarding these mat-
ters will be published.You are advised that any person who desires to appeal any
decision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceedings
is made which includes the testimony and evidence upon which the appeal is
based. In accordance with the Americans with Disabilities Act,persons need-
ing a special accommodation or an interpreter to participate in this proceeding
should contact the City Clerk's Office 48 hours in advance of the meeting at
(407)905-3105.
November 22,29,2018 18-05718W
COPY OF ADVERTISEMENT
Date Published and Media Name
The dest :Times[I6B ty;.Nmr SECONDINSERTIONoN
CITY OF
NOTICE OF PUBLIC HEARING
Advertisement or VMG ESTATES OCOEE
815 CLARCONA OCOEE ROAD
(N.LAKEWOOD AVE.)
ANNEXATION
CASE NUMBER AR-07-18-73
NOTICE IS HEREBY GIVEN,pursuant to Article I,Section 1-10.A.(1)and Article
V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,
DECEMBER 4,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE
CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com-
mission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the an-
nexation for VMG Estates Ocoee.The property is located at 815 Clarcona Ocoee
Road(N.Lakewood Ave.).The property is identified as Parcel Number 08-22-28-
0000-00-028.The subject property is approximately 3.89 acres in sis..The pro-
posed annexation would be from unincorporated Orange County to City of Ocoee.
ORDINANCE NO.2018-040
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CER-
TAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.89 ACRES
LOCATED ON THE EAST SIDE OF NORTH LAKEWOOD AVENUE;103
FEET NORTH OF BURNT TREE COURT;PURSUANT TO THE APPLICA-
TION SUBMITTED BY THE PROPERTY OWNER,FINDING SAID AN-
NEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDAT-
ING OF OFFICIAL CITY MAPS;PROVIDING DIRECTION TO THE CITY
CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSIS-
TENT ORDINANCES;PROVIDING FOR AN EFFECTWE DATE.
815 Clarcona Ocoee Rad N.Lakewood Ave.)VLIG Eskmkrs
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Pursuant to Subsection 5-9 B.of the Land Development Code,the Planning Di-
rector has determined that the requested annexation is within the Ocoee-Orange
County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County
JPA Land Use Map and the Ocoee Comprehensive Plan.If the applicant's request
for annexation is approved,the annexation would incorporate the property into the
City of Ocoee.
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions.The complete case file,including a complete le-
gal description by metes and bounds,may be inspected at the Ocoee Planning
Department located at 150 North Lakeshore Drive,Ocoee,Florida between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.
The Ocoee City Commission may continue the public hearing to other dates and
times,as it deems necessary.Any interested party shall be advised of the dates,
times,and places of any continuation of these or continued public hearings shall
be announced during the hearing and no further notices regarding these mat-
ters will be published.You are advised that any person who desires to appeal any
decision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceedings
is made which includes the testimony and evidence upon which the appeal is
based. In accordance with the Americans with Disabilities Act,persons need-
ing a special accommodation or an interpreter to participate in this proceeding
should contact the City Clerk's Office 48 hours in advance of the meeting at
(407)905-3105.
November 22,29,2018 18-05718W