HomeMy WebLinkAboutItem 10 McCormick Woods, Phase 3 a) Annexation Oridinance b) Rezoning Ordinance c) Small Scale Comprehensive Plan Amendment Ordinance d) 13th Joint Planning Area Amendment Center of Good Lj1:
AGENDA ITEM COVER SHEET
Meeting Date: June 7, 2005
Item # 10
nn Reviewed By:
Contact Name: Terry James Department Director: ,
Contact Number: 407-905-3100/101 City Manager: �� /��
Subject: McCormick Woods Phase 3
Applicant: McCormick Road LLC
A. Annexation Ordinance
3. Rezoning Ordinance
G. Small Scale Comprehensive Plan Amendment Ordinance
Q. 13`"Joint Planning Area Amendment
Commission District#1/Danny Howell
Background Summary:
To consider the Annexation, Initial Zoning, Small-Scale Comprehensive Plan Amendment and Joint Planning
Agreement Amendment for the 9.866-acre northern portion of a larger 24.97-acre parcel located at 5264
Ingram Road. The Parcel Identification Number this parcel is 32-21-28-9154-14-01.
If the applicant's request is approved, the annexation would incorporate the property into the City of Ocoee,
amend the Comprehensive Plan's Future Land Use Map and the Joint Planning Area Land Use Map from
"Public Facilities/Institutional" to "Low Density Residential", and establish an initial zoning classification of
R-1-A: Single Family Residential.
Issue:
Should the Mayor & City Commissioners approve the Annexation, Small-Scale Comprehensive Plan
Amendment, Initial Zoning, and Joint Planning Area Amendment for McCormick Woods Phase 3?
Recommendations:
Based on the above analysis, the Development Review Committee recommendation, and the Planning &
Zoning recommendation, Staff recommends the Mayor& City Commissioners take the following actions:
• Adopt an ordinance to annex the parcel into the City of Ocoee, subject to the County adoption of the
Joint Planning Area(JPA) Agreement;
• Adopt an ordinance to approve the Small Scale Comprehensive Plan Amendment changing the Ocoee
Future Land Use Map classification from "Public Facilities/Institutional" to "Low Density
Residential", subject to the County adoption of the JPA Agreement Amendment;
• Adopt an ordinance to approve the initial zoning of the parcel changing the zoning from Orange
County "A-1: Agriculture" to City of Ocoee "R-1-A: Single Family Dwelling", subject to the
Annexation Ordinance and the Small Scale Comprehensive Plan Amendment becoming effective; and
• Approve a Joint Planning Agreement (JPA) Amendment changing the Joint Planning Area Land Use
Map classification from "Institutional"to "Low Density Residential".
Attachments:
Location Map
Future Land Use Map
Zoning Map
Joint Planning Area Land Use Map (Exhibit B, dated 1/25/94)
Annexation Feasibility Report
Annexation Ordinance
Rezoning Ordinance
13`}'Joint Planning Area Amendment
Small Scale Comprehensive Plan Amendment Ordinance
Financial Impact:
Type of Item:
® Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
O Resolution 0 Regular Agenda
❑ Commission Approval
O Discussion&Direction
O Original Document/Contract Attached for Execution by City Clerk
O Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
Mayor Abe center of Good zig.41 Commissioners
S. Scott Vandergrift ,r.1441."' 0,, Danny Howell, District 1
Scott Anderson, District 2
City Manager — Rusty Johnson, District 3
Robert Frank cNancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
• Q\le,
FROM: Terry L. James, AICP, Principal Planner
THROUGH: Russ Wagner, AICP 0113/
Community Development Director
DATE: May 31, 2005
SUBJECT: McCormick Woods Phase 3
Applicant: McCormick Road LLC
Annexation Ordinance
Initial Zoning/Rezoning Ordinance
Small Scale Comprehensive Plan Amendment Ordinance
13th Joint Planning Area Amendment
Commission District#1/Danny Howell
ISSUE:
Should the Mayor & City Commissioners approve the Annexation, Initial Zoning, Small-Scale Comprehensive
Plan Amendment, and Joint Planning Area Amendment for McCormick Woods Phase 3?
BACKGROUND:
Parcel Identification Number: 32-21-28-9154-14-01
Property Size: 9.866 acres+/-
General Location: West of the existing McCormick Woods subdivision (Phases 1 & 2) and east of the Western
Beltway/SR 429.
Actual land use, proposed land use, unique features, and plan consistency of the subject property: The parcel is
currently vacant; however, the proposed use is for single family homes with an entrance through the existing
McCormick Woods subdivision to the east. The parcel is landlocked; there are no other unique features on the
property.
The future land use &requested initial zoning classification of the subject property:
CURRENT PROPOSED
Jurisdiction/Future Land Use Orange County JPA Land Use Map/ City of Ocoee/Low Density Residential
Classification Institutional
Jurisdiction/Zoning Orange County/A-1:Agriculture City of Ocoee/R-1-A:Single Family
Classification Dwelling
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Ocoee/Low Density Residential Ocoee/R-1-A:Single Family Dwelling
East Ocoee/Low Density Residential Ocoee/R-1-A:Single Family Dwelling
South Orange Cnty./Institutional Orange Cnty/A-1:Agriculture
West N/A-Western Beltway ROW N/A-Western Beltway ROW
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 requested annexation is not an enclave and such annexation would not result in an enclave
being created. The annexation is consistent with the Future Land Use Element Policy 2.5 since it 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]
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 current
JPA Land Use Classification is "Institutional"; the applicant is requesting a change to "Low Density
Residential". This requested land use change will require an amendment to the JPA map.
Comprehensive Plan: The current Future Land Use Map (FLUM) does not depict the parcel as "Low Density
Residential"; however, the proposed FLUM amendment will change the land use classification and support the
intended residential use in a manner that is compatible with the surrounding parcels. (For additional
information, see the "Discussion Summary: Annexation, JPA Amendment & Small Scale Comprehensive Plan
Amendment" section below.)
DISCUSSION:
Impacts on Infrastructure
Transportation:
Initially, the subject property was landlocked; however, Phase 3 has an access easement agreement with
McCormick Woods Phases 1 and 2 that will allow access, through the internal roadways, to Ingram Road and
McCormick Road
• Availability of Transportation Facilities
The current Average Daily Traffic (ADT) on the following roadway segments:
ROADWAY FROM TO LANES ADOPTED ADOPTED 2004 VOLUMES: VOLUME
LOS LOS /CAPACITY
STANDARD NUMERIC RATIO
CAPACITY EXISTING REMAINING
STANDARD COUNT TOTAL
McCormick Ocoee- Clark Rd. 2 D 12,100 2,755 9,345 0.23
Rd. Apopka Extension
Rd
Clarcona- Adair St. Clarke Rd. 2 E 15,200 7,267 7,933 0.48
Ocoee Rd.
Ingram Rd. Clarcona- McCormick 2 D 6,200 855 8,345 0.09
Ocoee Rd.
Rd.
According to Table 21 of the Transportation Element all these roadways are projected to operate above the
adopted Level of Service Standard within the planning timeframe of 2020. During this timeframe, Clarcona-
Ocoee will be widened from two to four-lanes.
ROADWAY FROM TO LANES ADOPTED PROJECTED VOLUME PROJECTED
LOS VOLUME /CAPACITY LOS
STANDARD RATIO PERFORMANCE
McCormick Ocoee- Clark Rd. 2 D 4,280 0.27 A
Rd. Apopka Extension
Rd
Clarcona- Adair St. Clarke Rd. 4 E 19,780 0.72 D
Ocoee Rd.
Ingram Rd. Clarcona- McCormick 2 D 1,010 0.06 A
Ocoee Rd.
Rd.
• Estimated Demand on Transportation Facilities
FUTURE LAND USE MAXIMUM STANDARDS/MULTIPLIER ESTIMATED
CLASSIFICATION DENSITY DEMAND
CURRENT Orange Cnty. n/a No ITE standard is available. Insignificant;current
/Institutional use as a cemetery
PROPOSED Ocoee/Low Density 4 DU/Acrel 7.44 Avg.Weekday Rate[ITE 4 DU*9.8 acres
Residential Code 270 *7.44=294
Orange County Future Land Use Element Policy 2.2.4
'City of Ocoee Future Land Use Element Policy 1.10
Adding the 294 Average Daily Trips (ADT) to the above roadways will not degrade level of service (LOS)
below the adopted LOS standard during the current timeframe or the planning timeframe of 2020.
Potable Water& Sanitary Sewer:
• Availability of Potable Water &Sanitary Sewer Facilities
Potable water and sanitary sewer will be provided by Orange County under the terms of the Ocoee-
Orange County Utility Service Agreement.
• Estimated Demand on Potable Water & Sanitary Sewer Facilities
FUTURE LAND USE MAXIMUM STANDARDS/MULTIPLIER ESTIMATED
CLASSIFICATION DENSITY DEMAND
CURRENT Orange n/a n/a n/a
Cnty./Institutional
PROPOSED Ocoee/Low Density 4 DU/Acrel Potable Water:300 Potable Water:4*
Residential gallons/day/ERU 9.8*300= 11,839
Sanitary Sewer:270 gallons/day
gallons/day/ERU3 Sanitary Sewer:
4*9.8*270=10,655
gallons/day
'Orange County Future Land Use Element Policy 2.2.4
2 City of Ocoee Future Land Use Element Policy 1.10
3 City of Ocoee Potable Water Sub-Element Policies 1.2.1&Sanitary Sewer Sub-Element Policy 1.2.2.
The City of Ocoee has coordinated with Orange County for the provision the potable water and sanitary
sewer services. According to Orange County Utilities, they have adequate water and sewer capacity to
service the entire development.
Drainage:
Stormwater retention will be provided on-site and will meet the requirements of Chapter 25-17, Florida
Administrative Code as referenced in the Land Development Code for the City of Ocoee. There are no wetlands
or floodplains on the site.
Solid Waste:
• Availability of Solid Waste
Solid waste disposal will be handled by the Orange County Landfill (Class 1 facility) that is projected to
provide capacity until the year 2030 according to the adopted Ocoee Comprehensive Plan. (Ocoee
Comprehensive Plan, Solid Waste Sub-Element, page 4.2-4)
• Estimated Demand on Solid Waste
FUTURE LAND USE MAXIMUM STANDARDS/MULTIPLIER ESTIMATED
CLASSIFICATION DENSITY DEMAND
CURRENT Orange n/a n/a n/a
Cnty./Institutional
PROPOSED Ocoee/Low Density 4 DU/Acre** (4*9.8)DU *Rib/person/day)* 3511bs/day
Residential 2.99(person/household)
' Ocoee Solid Waster Sub-Element,page 4.2-4
2 Ocoee Housing Element,page 3-4
The amount of additional solid waste generated can be collected by the City's Sanitation Division and
deposited at the current landfill.
Recreation:
• Availability of Recreation Facilities
According to LDC Subsection 6-9: Open Space, this development (McCormick Woods Phases 1, 2 & 3)
will be required to provide recreational amenities for the residents. The exact number recreational
amenities will be determined during the site plan review procedure based on the number of dwelling
units.
In addition, the Ocoee Crown Point PUD to the west will have 23-acre community park with the
following planned facilities: an amphitheater, two soccer fields, and two baseball fields. The City has
also negotiated an interlocal agreement with the Orange County School Board to allow for the use of
elementary school and high school sites on the Ocoee-Crown Point PUD site for public recreation.
• Estimated Demand on Recreation Facilities
FUTURE LAND USE MAXIMUM STANDARDS/MULTIPLIER ESTIMATED
CLASSIFICATION DENSITY DEMAND
CURRENT Orange Cnty./ n/a n/a n/a
Institutional
PROPOSED Ocoee/Low Density 4 DU/Acre** (4*9.8)DU*2.99 0.47 acres
Residential (person/household2)*0.004 acres
of parks&open space/resident
'Ocoee Recreation&Open Space Element,page 6-15
This proposed future land use amendment will have an incremental impact on recreation that can be
accommodated with the recreational amenities required under the site plan review for Phase 3 and
earlier phases of this subdivision known as McCormick Woods Phases 1 and 2. Additional recreational
facilities are also available at Ocoee Crown Point PUD to the west with a planned community park, open
space, and joint-use school recreation sites.
Discussion Summary: "Demand on"& "availability of'Infrastructure
This proposed future land use classification amendment will impose demands on existing infrastructure, but it
will not adversely impact infrastructure on the whole. The require infrastructure will be available "to maintain
the adopted level of service standards ... when the impacts of(this) development occur." [Chapter 9J-5.003(25),
FAC]
Discussion Summary:Annexation, JPA Amendment& Small Scale Comprehensive Plan Amendment
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. 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.
Joint Planning Area Agreement & Comprehensive Plan Amendment: The proposed future land use
classification of Low Density Residential requested for this parcel is not consistent with the Ocoee Future Land
Use Map or the Orange County-Ocoee Joint Planning Area (JPA) Land Use Map. This inconsistency will
necessitate a JPA Land Use Map Amendment and a subsequent Small Scale Comprehensive Plan Amendment;
however, if these two amendments are approved, the Low Density Residential classification requested by the
applicant will be compatible with the surrounding land uses in the area as evidenced by the table above and the
attached Future Land Use Map.
Initial Zoning: The applicant's petition for the initial zoning classification of R-1-A: Single Family Residential
will be compatible with the proposed future land use classification and the existing zoning classification on the
surrounding parcels.
The proposed annexation is a logical extension of the City limits, urban services can be provided, and the
annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning
classifications will be consistent with the proposed land use classifications on the Future Land Use Map and the
JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding
properties.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On March 29, 2005, the Development Review Committee (DRC) recommended approval of the annexation of
McCormick Woods Phase 3 subject to an agreement concerning the roadway access to this landlocked parcel.
PLANNING&ZONING COMMISSION RECOMMENDATION
The Planning & Zoning Commission (P&Z) reviewed the application for the above property at their April 12,
2005 meeting. Ed Storey, the Assistant City Attorney, stated that Foley Lardner represented the owners of
McCormick Woods Phases 1 and 2 and could not provide legal opinions due to the conflict of interest.
The Commission requested clarification on the recreational amenities for the development. Russ Wagner, the
Community Development Director, indicated that recreational amenities are required by the LDC with the
determination of the size and location determined during the site plan review process.
The public hearing was opened and Randy June, the applicant's representative, indicated that he would answer
any questions from the Commissioners or the public. No one from the public spoke during the public hearing.
The P&Z Commission then recommended to the Mayor & City Commissioners the approval of the
recommended actions subject to the to applicant providing an access easement signed by the legal entity that
owns McCormick Woods Phases 1 and 2 permitting access through the private streets in Phases 1 and 2.
Note: Since the P&Z Commission meeting, Mary Sneed of Fowler & O'Quinn, PA (the attorney used when
Foley Lardner has a conflict of interest) has reviewed the access easement to insure that the parcel is no longer
land-locked.
STAFF RECOMMENDATION:
Based on the above analysis,the Development Review Committee recommendation, and the Planning & Zoning
recommendation, Staff recommends the Mayor& City Commissioners take the following actions:
• Adopt an ordinance to annex the parcel into the City of Ocoee, subject to the County adoption of the
Joint Planning Area(JPA)Agreement;
• Adopt an ordinance to approve the Small Scale Comprehensive Plan Amendment changing the Ocoee
Future Land Use Map classification from "Public Facilities/Institutional" to "Low Density Residential",
subject to the County approval of the JPA Agreement;
• Adopt an ordinance to approve the initial zoning of the parcel changing the zoning from Orange County
"A-1: Agriculture" to City of Ocoee "R-1-A: Single Family Dwelling", subject to the Annexation
Ordinance and the Small Scale Comprehensive Plan Amendment becoming effective; and
• Approve a Joint Planning Agreement (JPA) Amendment changing the Joint Planning Area Land Use
Map classification from "Institutional"to "Low Density Residential".
Attachments:
Location Map
Future Land Use Map
Zoning Map
Joint Planning Area Land Use Map (Exhibit B, dated 1/25/94)
Annexation Feasibility Report
Annexation Ordinance
Rezoning Ordinance
Small Scale Comprehensive Plan Amendment Ordinance
13th Joint Planning Area Amendment
O:\Staff Reports\2005\SR05032_TJ McCormick_Woods_Ph3_CC.doc
CITY OF OCOEE
ANNEXATION & FEASIBILITY ANALYSIS
CASE NUMBER: AX-04-12-22
APPLICANT NAME: McCormick Road LLC
PROJECT NAME: McCormick Woods Phase 3
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 Terry James, AICP
A. Applicant/Owner
1. Owner(if different from Applicant): n/a
B. Property Location
1. General Location: West side of McCormick Woods subdivision
2. Parcel Identification Number: 32-21-28-9154-14-010
3. Street Address: 5264 Ingram Road
4. Size of Parcel: 9.866 acres
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: Single Family Residential
3. Density/ Intensity: R-1-A: approx. 5.4 dua
4. Projected Population: Unknown
D. Zoning and Land Use
1. Orange County Future Land Use: JPA Land Use isConservation
2. Orange County Zoning: A-1
3. Existing Ocoee Future Land Use: n/a-parcel to be annexed.
4. Proposed Ocoee Zoning: R-1-A
E. Consistency
1. Joint Planning Area No, this project will require a JPA amendment
2. Comprehensive Plan: No, this project will require a small-scale comp.plan
amendment
II. FIRE DEPARTMENT Chief Richard Firstner
1. Estimated Response Time: , 3-5 minutes
2. Distance to Property: Station 2 on Clarke Road is 3 miles
3. Fire Flow Requirements: 500 gpm
III. POLICE DEPARTMENT Chief Steve Goclon
1. Police Patrol Zone/ Grid /Area: North Zone Grid 119
2. Estimated Response Time: 7-9 minutes
3. Distance to Property: Approx. 4.5 miles
4. Average Travel Time Approx. 15 minutes
Page 1 of 3
Applicant Name:McCormick Rd.LLC
Project Name:McCormick Woods Phase 3
Case#:AX-04-12-22
IV. ECONOMIC VALUE Terry James, AICP
1. Property Appraiser Taxable Value: $608,412
2. Property Appraiser Just Value $608,412
3. Estimated City Ad Valorem Taxes: Unknown at this time.
4. Anticipated Licenses & Permits: Unknown at this time.
5. Potential Impact Fees: These will be assessed when building permits pulled.
6. Total Project Revenues: Unknown
V. BUILDING DEPARTMENT Terry James, AICP
1. Within the 100-year Flood Plain: No
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1. In Ocoee Service Area: No
2. City Capable of Serving Area: n/a
3. Extension Needed: n/a
4. Location and Size of n/a
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: No
2. City Capable of Serving Area: n/a
3. Extension Needed: n/a
4. Location and Size of n/a
Nearest Force Main:
5. Annexation Agreement Needed: n/a
C. Other
1. Utility Easement Needed: n/a
2. Private Lift Station Needed: n/a
3. Well Protection Area Needed: n/a
VII. TRANSPORTATION Terry James, AICP
1. Paved Access: Yes, from the earlier phases of McCormick Woods
subdivision.
2. ROW Dedication: No
3. Traffic Study: Yes
4. Traffic Analysis Zone: 553
Page 2 of 3
Applicant Name:McCormick Rd.LLC
Project Name:McCormick Woods Phase 3
Case#:AX-04-12-22
VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, 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
plan approval process.
Adequate park capacity exists.
B. Parks/ Recreation:
Not within the City of Ocoee water or sewer service area.
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; however, this condition may
E. Solid Waste: change and will be the subject to a concurrency evaluation during the site plan
approval process.
Actual impact fees will be calculated during the site plan approval process.
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
The entire parcel is 24.97 acres; the portion requesting annexation is 9.866 acres. Although
Orange County will be providing water& sewer services, the City will provide water reuse
services. The parcel appears to be land-locked; however, the applicant indicates that roadway
access will be established by connecting with existing roads in the McCormick Woods
subdivision to the east.
X. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP
This proposed annexation meets all state requirements.
File:H:\DEVELOPMENT REVIEWS\ANNEXATION_ZONING\McCormick Woods_Phase 3\Annexation Feasibility
Analysis\McCormick Woods_Phase 3_Annexation Feasibility Report_2-10-05.doc
Page 3 of 3
McCormick Woods Phase 3
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SETTLEMENT PRCPINSAt.-NOT 10 BE USED IN CASE NO.CM1^4S i 25.94
ORDINANCE NO. 2005-
TAX PARCEL ID: #32-21-28-9154-14-010
CASE NO. AX-04-12-22: McCormick Woods Phase 3 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 9.866 ACRES LOCATED SOUTH OF MCCORMICK
ROAD AND WEST OF INGRAM 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 AGREEMENT; PROVIDING FOR AND AUTHORIZING
THE UPDATING OF OFFICIAL CITY MAPS; REPEALING
CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE
CITY CLERK; PROVIDING FOR SEVERABILITY; 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 9.866 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 as subsequently amended (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, 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; and
WHEREAS, the owner of the property has requested that the annexation of the
property not become effective until such time as the JPA Agreement is amended to allow for
Single Family Residential uses on the property; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as
an accommodation to the owner.
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 he 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. 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 S. Corporate Limits. The corporate territorial limits of the City of Ocoee,
Florida. are hereby redefined to include said land herein described and annexed.
Section 6. 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 7. 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 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 9. 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 he deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 10. Effective Date. This Ordinance shall take effect upon the occurrence of the
following: delivery to the City of an amendment to the JPA Agreement which allows for Single
Family Residential land use on the subject property, which JPA Amendment has been executed
by both the City and Orange County (the "JPA Amendment"). Thereafter the City Clerk is
hereby directed to attach a copy of the Deed and JPA Amendment to this Ordinance and 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. In the event the JPA Amendment is not delivered to the City within
one-hundred eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall
be null and void and of no further force and effect.
-3-
•
EXHIBIT "A"
LAND i)LSCIZIP 1 ION
MCCORMICK WOODS PHASE 3
A PORTION Of SECTION 32, TOWNSHIP 21 SOUTH RANGE 28 EAST, ORANGE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT THE NOR HLAS1 CORNER OF THF NORTHEAST ONE-QUARTER (NE
1/4) OF THE SOUTHWEST ONE--L-QUARTER (SW 1!4) OF SECTION 32. TOWNSHIP
21 SOUTH, RANGE 28 EAST, THENCE SOUTH 00'07'25' LAS 1 ALONG NE EAST
LINE OF THE NORTHEAST ONE-QUARTER (NL 1/4) OF THE SOUTHWEST ONE-
QUARTER (SW 114) OF SAID SECTION 32 A DISTANCE OF 707 93 FEET, THENCE
NORTH 88`23'49" WEST. 618.03 f ELT. THENCE NORTH 00"07'39" WEST ALONG
THE EASTERLY RIGHT-OF WAY OF STATE ROAD 429, A DISTANCE OF 683 41
FEET, THENCE NORTH 89'1946' EAST ALONG THE NORTH LINE OF THE
NORTHEAST ONE-QUARTER (NE 114: OF THE SOUTHWEST ONE QUARTER ;SW
1/4) OF SAID SECTION 32 A DISTANCE OF (317 82 FFFT TO THF POINT OF
BEGINNING
SAID LANDS _YINC IN ORANGE CC .!N : Y. FLORIDA. GO%'AIN-NG 9.366 ACRES
MORE OR LESS
006.299861.1 4
EXHIBIT "B"
McCormick Woods Phase 3
Location Map
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ORDINANCE NO. 2005-
CASE NO. SSPCA-04-12-01: McCormick Woods Phase 3
Comprehensive Plan Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER
18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS:
AMENDING THE FUTURE LAND USE MAP FROM "PUBLIC
FACILITIES/INSTITUTIONAL" TO "LOW DENSITY RESIDENTIAL,"
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.866
ACRES LOCATED SOUTH OF MCCORMICK ROAD ON THE WEST
SIDE OF INGRAM ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND
USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee
Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance# 91-28,
which has been amended from time to time("Ocoee Comprehensive Plan"); and
WHEREAS, the owner of certain real property (the "Owner") has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to initiate Amendment Number SSCPA-04-12-01 in order to amend the Future
Land Use designation of certain real property containing approximately 9.866 acres as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the"Property"); and
WHEREAS, Amendment Number SSCPA-04-12-01 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(1)(c), Florida
Statutes; and
WHEREAS, on April 12, 2005 the Planning and Zoning Commission of the City of
Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public
hearing and recommended adoption of Amendment Number SSCPA-04-12-01, conditioned upon
approval of an amendment to the Joint Planning Area Agreement entered into February 11, 1994
by and between Orange County and the City of Ocoee, as amended (the"JPA Agreement"); and
WHEREAS, on , 2005, the City Commission held an advertised public
hearing and adopted Amendment Number SSCPA-04-12-01; and
WHEREAS, all required public hearings have been held after due public notice in
accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter
180 of the Code of Ordinances of the City of Ocoee("Ocoee Land Development Code"); and
- 1 -
WHEREAS, the Owner of the Property has requested that this Ordinance not become
effective until such time as the JPA Agreement is amended to allow for Single Family
Residential land uses on the Property (the "JPA Amendment") so as to cause this Ordinance to
be consistent with the JPA Agreement; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as an
accommodation to the Owner.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and
166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code.
SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is
hereby changed from "Public Facilities/Institutional" to "Low Density Residential". A map of
said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a
part hereof.
SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized
and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the
Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-04-12-01 consistent
with the provisions of this Ordinance.
SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5. 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 6. Effective Date. This Ordinance shall take effect 31 days after adoption.
unless challenged prior to that date pursuant to Section 163.3187(3), Florida Statutes; however, if
the following have not occurred by the 31" day after adoption, this Ordinance shall take effect
upon the occurrence of the following: (1) delivery to the City of an amendment to the JPA
Agreement which allows for Low Density Residential land uses on the Property, which JPA
Amendment has been executed by both the City and Orange County (the "JPA Amendment");
and (2) Ordinance 2005 - [Annexation Ordinance] becoming effective. In the event the JPA
Amendment is not delivered to the City by one-hundred eighty (180) days from the date this
Ordinance is adopted, then this Ordinance shall be null and void and of no further force and
effect.
PASSED AND ADOPTED this day of , 2005.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED
READ FIRST TIME
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY
this day of ,2005.
FOLEY and LARDNER
By:
City Attorney
- 3 -
Exhibit"A"
LAND DESCRIPTION
MCCORMICK WOODS PHASE 3
A PORTION Of SEC TION 32, TOWNSHIP 21 SOUTH. RANGF 28 EAST, ORANGE
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE
114) OF THE SOUTHWEST ONE-QUARTFR (SW 1/4) OF SECTION 32. TOWNSHIP
21 SOUTH, RANGE 28 EAST, THENCE SOUTH 00'07'25" EAST ALONG THE EAST
LINE OF THE NORTHEAST ONE-QUARTER (NE 114) OF THE SOUTHWEST ONE-
QUARTER (SW 114)OF SAID SECTION 32 A DISTANCE OF 707.93 FEET, THENCE
NORTH 88`23'49" WEST, 618.03 FEET, THENCE NORTH 00"07'39" WEST ALONG
WE EASTERLY RIGHT-OF-WAY OF STATE ROAD 429, A DISTANCE OF 683 41
FEET: THENCE NORTH 89'19'46' EAS1 ALONG THE NORTH LINE OF THE
NORTHEAST ONE-QUARTER (NE 1;4 or THE SOUTHWEST ONE-QUARTER (SW
1/4) OF SAID SECTION 32 A DISTAN OF OF 617 82 FEET TO THE POINT OF
BEGINNING
SAID LANDS LYING IN ORANGF CO-yUN I Y, f LORIDA. CON AIN NG 9.866 ACRES.
MORE OR LESS
-4 -
Exhibit "B"
McCormick Woods Phase 3
Current Future Land Use Map
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ORDINANCE NO. 2005-
CASE NO. AX-04-12-22: McCormick Woods Phase 3 Zoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1
"AGRICULTURE" TO OCOEE R-1-A "SINGLE FAMILY DWELLING"
FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 9.866
ACRES LOCATED SOUTH OF MCCORMICK ROAD ON THE WEST
SIDE OF INGRAM ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING
MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners(the "Applicant")of certain real property annexed into
the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2005 -
[McCormick Woods Phase 3 Annexation Ordinance] have submitted an application to the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
approximately 9.866 acres of property, as more particularly described in Exhibit "A", from
Orange County A-1 "Agriculture", to Ocoee R-1-A"Single Family Dwelling"; and
WHEREAS, at such time as Ordinance No. 2005 - [McCormick Woods Phase
3 SSCPA Ordinance] becomes effective, the rezoning requested by the Applicant will be
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, at such time as the City and Orange County approve an amendment to the
Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended (the "JPA Agreement") which amendment allows for Low Density
Residential land uses on the subject property, the rezoning will be consistent with the JPA
Agreement; and
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described; and
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; and
WHEREAS, on April 12, 2005 the Planning and Zoning Commission of the City of
Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the
rezoning be approved, conditioned upon approval of a Small Scale Comprehensive Plan
Amendment to the Ocoee Comprehensive Plan and further conditioned upon approval of an
amendment to the JPA Agreement; and
- 1 -
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed rezoning of said real property; 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; and
WHEREAS, the City has required that this Ordinance not become effective until such
time as the JPA Agreement is amended to allow for Low Density Residential land uses on the
subject property (the "JPA Amendment"), so as to cause the rezoning to be consistent with the
JPA Agreement.
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 Chapter
166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, for the following described real property containing approximately 9.866 acres within the
corporate limits of the City of Ocoee, Florida is hereby changed from Orange County A-1
"Agriculture", to City of Ocoee R-1-A"Single Family Dwelling":
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 area of rezoning is attached
hereto and EXHIBIT"B" and by this reference is made a part hereof.
SECTION 3. OFFICIAL 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 the 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repeated.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon Ordinance
No. 2005- [McCormick Woods Phase 3 Annexation Ordinance] and Ordinance No.
2005 - [McCormick Woods Phase 3 SSCPA Ordinance] becoming effective.
PASSED AND ADOPTED this day of . 2005.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2005
READ FIRST TIME , 2005.
READ SECOND TIME AND ADOPTED
, 2005.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2005.
FOLEY& LARDNER
By:
City Attorney
EXHIBIT "A"
LAND DESCRIPTION
MCCORMICK WOODS PHASE 3
A PORTION Of SEC T ION 32, TOWNSHIP 21 SOUTH RANGE 28 EAST, ORANGE
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE
114) OF THE SOUTHWEST ONE-OUARTFR (SW 114) OF SECTION 32, TOWNSHIP
21 SOUTH, RANGE 28 EAST, THENCE SOUTH 00'0725" EAST ALONG THE EAST
LINE OF THE NORTHEAST ONE-QUARTER (NE 114) OF THE SOUTHWEST ONE-
QUARTER (SW 1/4)OF SAID SECTION 32 A DISTANCE OF 707.93 FEET. THENCE
NORTH 88`23'49" WEST, 618.03 FEET, THENCE NORTH 00'07'39" WEST ALONG
THE EASTERLY RIGHT-OF-WAY OF STATE ROAD 429, A DISTANCE OF 683 41
FEET THENCE NORTH 89'19'46' EAST ALONG THE NORTH LINE OF THE
NORTHEAST ONE-QUARTER (NE 1#4) OF THE SOUTHWEST ONE-QUARTER ;SW
1/4) OF SAID SECTION 32. A DISTANCE OF 617 82 FEET TO THE POINT OF
BEGINNING
SAID LANDS LYING IN ORANGF C OUN 1 Y. I LORIDA, CON AINNG 9.866 ACRES
MORE CR LESS
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THIRTEENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
(Case No. JPA-05-010: McCormick Woods Phase 3)
THIS THIRTEENTH AMENDMENT TO JOINT PLANNING AREA
AGREEMENT (this "Amendment") is made and entered into as of the day of
, 2005, by and between ORANGE COUNTY, FLORIDA, a political
subdivision of the State of Florida (the "County") and the CITY OF OCOEE, a Florida
municipal corporation(the "City").
RECITALS
WHEREAS, the County and the City have entered into a certain Joint Planning Area
Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August
4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by
the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment
thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6,
2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the
Seventh through Tenth Amendments thereto dated February 10, 2004, as amended by the
Eleventh Amendment thereto dated April 6, 2004, as amended by the Twelfth Amendment
thereto dated August 3, 2004 and as amended by that certain First Amendment to Joint Planning
Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the "Joint
Planning Area Agreement"); and
WHEREAS, the Joint Planning Area Agreement relates to property described therein
which is located in and around the boundaries of the City (the "Joint Planning Area"); and
- 1 -
WHEREAS, both the County and the City exercise comprehensive planning authority
pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and
Land Development Regulation Act, and enforce land development regulations to regulate the
development of land within the respective areas of jurisdiction of each party; and
WHEREAS, the County and the City have the authority to enter into this Amendment
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act in general and Section 163.3171, Florida Statutes, in particular; and
WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain
procedures for amending the future land use designations shown on the Joint Planning Area Land
Use Map (hereinafter the "JPA Land Use Map"); and
WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as
it relates to certain real property within the corporate limits of the City of Ocoee, consisting of
approximately 9.866 acres, and as more particularly described in Exhibit"1" attached hereto and
by this reference made a part thereof(hereinafter the "Affected Parcel"); and
WHEREAS, the Affected Parcel is located within the Joint Planning Area; and
WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in
order to change the land use designations shown on the JPA Land Use Map for the Affected
Parcel from "Institutional " to "Low Density Residential" (hereinafter referred to as the
"Proposed Map Amendment"); and
WHEREAS,the City has notified the County of the Proposed Map Amendment pursuant
to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the
County amend the JPA Land Use Map as it relates to the Affected Parcel; and
-2-
WHEREAS, the County has advised the City that it desires that separate public hearings
be held with respect to this Amendment; and
WHEREAS, the local planning agencies of both the County and City have considered
this Amendment and made recommendations to the Orange County Board of County
Commissioners and the Ocoee City Commission, respectively; and
WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has
been approved at advertised public hearings held by both the Orange County Board of County
Commissioners and the Ocoee City Commission.
NOW, THEREFORE, in consideration of the covenants made by each party to the other
and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of
which is hereby acknowledged, the County and the City hereby agree as follows:
Section 1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
Section 2. Authority. This Amendment is entered into pursuant to (1) Chapters 125,
163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes,
relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint
Planning Area Agreement.
Section 3. Definitions. All terms and phrases used in this Amendment shall be as
defined in the Joint Planning Area Agreement unless otherwise indicated.
Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The
JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel
from "Institutional " to "Low Density Residential". The Affected Parcel is described in Exhibit
-3-
"1" attached hereto, and a map of said land herein described which clearly shows the area is
attached hereto as EXHIBIT "2" and by this reference is made a part hereof. The existing
Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land
Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning
Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as
amended to incorporate this Amendment.
Section 5. Continuing Effect. Except as expressly set forth herein, the Joint
Planning Area Agreement remains unchanged and in full force and effect.
-4-
IN WITNESS WHEREOF, the County and City have executed this Amendment on
behalf of the County and City, respectively, and have set their seals hereto as of the date set forth
above.
ORANGE COUNTY,FLORIDA
By: BOARD OF COUNTY COMMISSIONERS
By:
County Chairman
DATE:
ATTEST: , County
Comptroller As Clerk of Board of County
Commissioners
Deputy Clerk
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared RICHARD T.
CROTTY and , personally known to me to be the Mayor and
Deputy County Clerk, respectively, of ORANGE COUNTY, a Florida political subdivision, and
that they severally acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2005.
Signature of Notary
Name of Notary(type,printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
-5-
CITY OF OCOEE,a Florida municipal
WITNESSED: corporation
By:
Printed Name: S. SCOTT VANDERGRIFT,Mayor
Attest:
Printed Name: BETH EIKENBERRY, City Clerk
(SEAL)
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY
ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON
OCOEE,FLORIDA; APPROVED ,2005 UNDER
AS TO FORM AND LEGALITY AGENDA ITEM NO. .
this day of ,2005
FOLEY& LARDNER
By:
City Attorney
-6-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that
they severally acknowledged executing the same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2005.
Signature of Notary
Name of Notary(type, printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
-7-
Exhibit"1"
LAND DESCRIPTION
MCCORMICK WOODS PHASE 3
A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER (NE
114) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 32, TOWNSHIP
21 SOUTH, RANGE 28 EAST; THENCE SOUTH 00°07'25" EAST ALONG THE EAST
LINE OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHWEST ONE-
QUARTER (SW 114) OF SAID SECTION 32, A DISTANCE OF 707.93 FEET; THENCE
NORTH 88°23'49" WEST, 618.03 FEET; THENCE NORTH 00°07'39" WEST ALONG
THE EASTERLY RIGHT-OF-WAY OF STATE ROAD 429, A DISTANCE OF 683.41
FEET: THENCE NORTH 89°19'46' EAST ALONG THE NORTH LINE OF THE
NORTHEAST ONE-QUARTER (NE 114) OF THE SOUTHWEST ONE-QUARTER (SW
114) OF SAID SECTION 32. A DISTANCE OF 617.82 FEET TO THE POINT OF
BEGINNING.
SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 9.866 ACRES,
MORE OR LESS.
-8-
Copy of Public Hearing Advertisement
Date Published
__—_---- _ L —
Orlando Sentinel w THURSDAY, MAY 26, 2005 Hi 7
Advertisement
CITY GF OCOEE -- McCormick Woods Phase 3
Location Map
NOTICE OF CHEARING ti ry• � .
FOR MCCORMICK WOODS-PHASE 3 `-4. • ...�:��, �. vi.+.iL fi 1 LI N_'�
APPLICANT:MCCORMICK ROAD LIP -''",s;l _ ' - •1''"': .e:l�
ANNEXATION&INMAL ZONING B'
CASE NUMBER:AX-04-12-22 4 O• 0�•, __ �t- �w-
SMALL SCALE COMPREHENSIVE PLAN AMENDMENT t , •• dr.
._ I= L'-t.cl s i !7`1-i. t-
CASE NUMBER:5SCPA•0412-01 = ,: 1 t Sia..L. ,
JOINT PLANNING AGREEMENT AMENDMENT .II r> r =
CASE NUMBER:JPA-05-010 .5r_--.--E- Lia_-:.;
•c'!''.;
-- ' +-tet.%_..' .1',....+...' -:-,-=•••t
•
NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10 and 5-9 of the City of . ,^".,0,;.";.i ;1,---". :-;!..;;;•i,.,•- f �..__
Ocoee Land Development Code,that on TUESDAY,JUNE 7,2005 AT 7:15 P.M.or �' i _ 1
as soon thereafter as practical,the MAYOR&CITY COMMISSIONERS will hold a + Cy. "' `t'•i'!"--- ,.‘•' ;>�*T')a ____
PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lake- I F-•=' +:i' f` .-.2;-, •
shore Drive,Ocoee,Florida,to consider the following ordinances for a 9.866 ^J' �. i '] •,y,'�:. _-[
acre parcel with a Parcel Identification Number of 32-21-28-915414-010: 1 ; -S,'" is r-'•- ,o
CASE NO.AX-04-12-22:McCormick Woods Phase 3 Annexation I "..-;;I:171:-1I -a.".
HI �;:: .--.• .� !
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO THE CORPORATE LI- I ..:7a;
NUTS OF THE CITY OF OCOEE,FLORIDA CERTAIN REAL PROPERTY CONTAINING APPRO-
XIMATELY 9,866 ACRES LOCATED SOUTH OF MCCORMICK ROAD AND WEST OF INGRAM i il..�.r�i ......iia . -
ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;FIND- _ a
ING SAID ANNEXATION TO BE CONSISTENT WiTH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE,AND THE JOINT PLANNING AGREEMENT;PROVIDING FOR AND � IraWir. � d
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;REPEALING CONFLICTING ORM- I rnrS�"
NANCES;PROVIDING DIRECTION TO THE CITY CLERK;PROVIDING FOR SEVERABILITY; :--
PROVIDING FOR AN EFFECTIVE DATE. l
CASE NO.AX-04-12-22:McCormick Woods Phase 3 Zoning I i
AN ORDINANCE OF NE CITY OF OCOEE.FLORIDA.CHANGING THE ZONING CLASSIFICA- - yl III
TION FROM ORANGE COUNTY A-1"AGRICULTURE"TO OCOEE A-1-A"SINGLE FAMILYDWELLING"FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 9.866 ACRES LOCA-TED SOUTH OF MCCORMICK ROAD ON THE WEST SIDE OF INGRAM ROAD PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;PROVIDING FOR AND AUT-
HORIZING -THE REVISION OF THE OFFICIAL CiTY ZONING MAP;REPEALING CONFLICTING
ORDINANCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
CASE NO.SSPCA-04-12-01:McCormick Woods Phase 3 ( Additionally,the MAYOR&CiTY COMMISSIONERS will consider the 13th Amend-
s mem to the Ocoee-Orange County Joint Planning Aree Amendment(JPA-05-0101 that
Comprehensive Plan Amendment will change the property from"Institutional"to"Low Density Residential"
�P on the Joint Planning Area Land Use Mop.
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA AMENDING THE OCOEE COMPREHEN-
SIVE PLAN AS ADOPTED ON SEPTEMBER 18,1991 BY ORDINANCE NO.91-28,AS AMEN- DirectorPursuant has determined 5-9 B.the requested annexation is e, Ocoee-
DED,AS FOLLOWS:AMENDING THE FUTURE LAND USE MAP FROM'PUBLIC FACILITIES! Orange County Joint (JPA),and s withiniconsistent the c the
INSTTUTIONAL"TO 1.0W DENSITY RESIDENTIAL,'FOR CERTAIN REAL PROPERTY CON- OragCounty PlanningPA Land Area Map and the is con intent with
the
TAMING APPROXIMATELY 9.866 ACRES LOCATED SOUTH OF MCCORMICK ROAD ON THE Planco -Ora amended.
WEST SIDE OF INGRAM ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER;PROVIDING FOR AND AUTHORIZING THE REVISION OF NE OFFICIAL 1 The complete case file,including a complete legal description by metes and
FUTURE LAND USE MAP REPEALING CVNFLITTING ORDINANCES;PROVIDING FOR SEVE- , bounds,may be inspected at the Ocoee Community Development Depart-
NABILITY:PROVIDING FOR AN EFFECTIVE DATE. 2 ment/Planning Division located at 150 North Lakeshore Drive,Ocoee,Flori-
-- - I r do between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,
except legal holidays.
The MAYOR&CITY COMMISSIONERS may continue the public hearings to other
dates and times,as it deems necessary.Any interested party shall be ad-
vised of the dates,times,and places of any continuation of these or contin-
ued public hearings shall be announced during the hearing and no further
notices regarding these matters 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 pur-
pose 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.
Persons with disabilities needing assistance to participate In any of these
proceedings should contact the City Clerk's Office 48 hours in advance of
the meeting at 407-905-3105.
Beth Eikenberry,City Clerk 5R05 -
OL56192728 i