The URL can be used to link to this page

Home My WebLink AboutItem 09 McCormick Woods, Phase 3. vea center of Good zipi_ wT Y AGENDA ITEM COVER SHEET Meeting Date: May 17, 2005 Item # Reviewed By: Contact Name: Terry James Department Director: i ►, Contact Number: 407-905-3100/1018 City Manager: A%/P Subject: McCormick Woods Phase 3 Applicant: McCormick Road LLC Annexation Ordinance Rezoning Ordinance Small Scale Comprehensive Plan Amendment Ordinance 13th 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 Staff analysis, the Development Review Committee recommendation, and the Planning & Zoning recommendation, Staff recommends the Mayor & City Commissioners approve the Annexation, Initial Zoning/Rezoning, Small-Scale Comprehensive Plan Amendment, and the Joint Planning Area Agreement Amendment for McCormick Woods Phase 3. 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 13th Joint Planning Area Amendment Small Scale Comprehensive Plan Amendment Ordinance Financial Impact: Type of Item: ❑ Public Hearing For Clerk's Dept Use: Z Ordinance First Reading 0 Consent Agenda ❑ Ordinance First Reading 0 Public Hearing ❑ Resolution 0 Regular Agenda ❑ Commission Approval ❑ 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 ( ) El N/A Mayor Center of Good Lty Commissioners S. Scott Vandergrift Ase Danny Howell. District 1 Scott Anderson, District 2 City Manager . &f' Rusty Johnson, District 3 Robert Frank - Nancy J. Parker. District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Terry L. James, AICP, Principal Planner THROUGH: Russ Wagner, AICP Community Development Director DATE: May 9, 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 *3(lb/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 to the Mayor& City Commissioners approve the following actions: • Adopt an ordinance to annex the parcel into the City of Ocoee; • 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"; • 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"; 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 File:H:\DEVELOPMENT REVIEWS\ANNEXATION_ZONING\McCormick Woods_Phase 3\Review Comments-Staff Reports\McCormick Woods_Ph3_Staff Report_CC_6-7-05.doc McCormick Woods Phase 3 Location Map lel i■ .. I I a MIDI .10- iiif lire 111111 iiia=i !�!L I■Ir� iiia MIR EMI I■iii IES ! ■■■uu1111i UIIU MI= IIII■■ !Eli I■■IMMI •i••I II::IC I•iu■ 1■MI TT:19t?! ME■■uI■■■■ii■■■■■■1■Il•■■u•■ ■MIM1 I:::: MEM IN= / _M 5MMJOKLIlLL1 IMM..■u....I■......i.IIIIMI..... r.'a . °° ' MI■ 11111111rx - I 10 lErtit OW MIMI Mill 17111 ZV4P. MIII MIN 0 \ T 111 I :: N II at a \;5•4 * m ., „ m . V rat lb, *, LIP\lor is , ..., ,_. , ilk A (4.4a,,,' W fil , ♦ IMMO IN7.71pp _ *a \fr a a MIME' ) 0 CIIIIIIJ Z r ilii \ \ - _.... w,,,... 0 ■ I. \ ! II I • • • • • • • • • • • II - j 1111111 ;1 - —� • • • �'`--ii,� k7r--.n- McCormick Woods Phase 3 Current Future Land Use Map :i«I I■IF ii iiia --7; =w•■■■C — Mita 'ENE Immo - 11111 i:iE=i !_ILIA RIMU NEM! mini I■Iii ■■■■■■N Ella mile. MEM -- I..... Ella MUM ICI:I • I ►1.1 ' ■MIMI Immo WI !AT3 imi•N I:a CLI 1 III ■11111■� ,i--. intVw INI mmi IN El iv ia. ♦ i INI ii NE IN 0 i .. . D • lett H G ., ' 41: ,. ik 4 LLI . ,,•. *iiiiiii f vx/Lui wii ik, -Q"ify m minWik • 0411111111 irnaa1 0-) • c., Iniiui ,i_a <c, 0111111, 0c, 0 r \ LLJ 11111111 OD OD 1111111 • ► ► . „ . : • •• • • • • • • • • • I •r • s • • REC • 1 i • 1 1 • 0 - , 1 0 • • • 0 1 r w r- U . ----' lia: ..in.aui.uUi CD o F- r '--- I. ‘ 4 co . Lu• _ I. . . ..1„, ,._ a, ,„„, — 4 t .-) 0 0 . z. _ „., ♦ E• O • i1111111/�� o con as �-.a Rimli— • = a Cr) m .i ''r• ; •� C !P= 6b0231b1S cni 0) cu ap o N o N1 co a, a � a .c •- c E 4111b..„ o o , . woo . la�10 � 2 tat ,aga'11W \ . T00/ INM'E.'• I I — a kz i z*, Na, _ n / o Q Q Q ~ - — c a) 3 •j -c `� v �' cn an O Cn ° _ oa> Q ant� t� sT3 .N .F .7,_ U •` a> E 18 o ` : C c c c > w Q m o Q 0 °' o o Q c cEa cEo cEa 3 L� o o L ' U -0 0 c .5 .7' ao c 0 c -0 = c CD _ o d Q _ '( -co- c0 LL L1_. LL LL ~ N _ '� 0 7 0 a) c9 o N E a> cn co a m ° O @ m , a> a> m 6 °� a m 'g _c E m '= >coo a> E 0 ,o co v> u) D co 0) C w 7) (n (n . O 2 2 a Z U 0 CC 06 i U J 2 2 a D JOWN 1 11 . EXHIBIT B JOINT PLANNING AREA LAND USE MAP FUT URI 0 OCOEE MUNICIPAL ITV BOUNDARft5 j COMMERCIAL JOINT PtANNINGAREA AGREE.ME NT BOUNDARY l INT LANG USE ❑LOW DENSITY(.4 D.U. AC) LJ PROSE SSIONAL SERVICE (Areas designated as Ocoee In U MEDIUM DENSITY(4•6 O U AC) ■INSTITUTIONAL Eanlbe B to the Agreement are nor Included In the Joint 0 HIGH DENSITY(6•ISOWAG) .CONSERVATION WETLANDS Planning Area) ■WATER BOOZES min I 14 in LAKE APOPKA la II Or: kg 5 JPA-05-I� I c th JPA Ame d c• • '-r I ! I i. . , r.. OCOEE AO ��l l die iu il".!Sel pi4 •�i3 ll��/I�I/� I�II:i �� ►� it ,i ;�-�i�i 111/ �� • pima lIg3Q0":_�r�_. ,�Ill 112 11111: 1 1 _ kr, r_�.. — ^ _ ♦ :-� } = ell i q, 116. 116111111 111,21131h r, id"---. 11111111120;,) i' +'.. . lien;.: ^� ny, ririnsv.. $.,IS Aser.‘... 41ritv.,.. , . i*7 It t n j y�12� �L� Is' .,~a STRAKE •• 1• . t '.,,-, cn 11P, . .,. MIL H 'rt% • .ear. eri e---..www. t e ". +LT.'S',r 3K1 ri. ._.• oimel _•: :1"inn o.m.ii. !I:1,,4—r yL. moo a : ... , 6.1%._._,-,i . -• ,,,,44,., i , -..m. ;i:;...;..---;zi.-'1,6.17.,,,,... kt:— • Lt I r_ate. i,P...r.: . a !�� ,. '�,I:u2i Id.'1f ?tl ISIS i III Ifsit 1 _t h' nl,i .. ise Ili��:P-`.�!�+ice, IU I 1.r/`®. 1 ; i i`'fir#° - Aiiimi *r "1 i,J,jfii t f---- ' , _ . ._:5-11 rp, .. ,_ 31,7„,„ k,...:. _ it 6. •_3.: _i, ill gI '1'•- - • R° 0 .: li-.r.ad.. ersIllit .--- (IL pr.. ' ' II..1 kV. ' .1).11 . ' ihr 7 '. 17... / . li .1P1;,,. y .. ,,,,... i t,... ./hi,. ,, N /SIT ..—�. aL • . IIIc Imu R 27 E • 28 SETTLEMENT PROPOSAL.NOT TO SE USED IN CASE NO.C191246 195 se 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 is Conservation 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 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 be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. Annexation. The following described real property located in unincorporated Orange County, Florida is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 4. 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 5. 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. -2- 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 be 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 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 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°0T39" 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 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, 4 006.299861.1 ' EXHIBIT "B" McCormick Woods Phase 3 Location Map 1-~ 7 i.iws;, I !:!; M(CORMICK ,__}- . !,___%,\•;- \,,/ ,`,<\/ .,:—___ , , _,, . ', r--'\,' ./ -7---?. '._ /- \ :- \ / -___---___, . 1� �, -� '-,,;, I 1 I 1 11 c Q 0 0 I 1 z Fes- ' -"r--- --7,7-7-7.1111--"-"'lC41 li'( I I • ME D•STREE T 119 • • 1• • I I I1 I I I I I• I I I I i h I 11111 I • •I I ' I • it •1 • - 111I 0 -- 11 1 . i :1111 • 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. - 2 - 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 - 3 - EXHIBIT "A" 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 114) OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST; THENCE SOUTH 00°07125" 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 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 ORANGE COUNTY. FLORIDA, CONTAINING 9.866 ACRES, MORE OR LESS. - 4 - Q Q T I -i i t„, . . . . . , ' 1 Vd2iJNl — . . C 0" , MEM V w . E1111111111. LI. 0) J , T MI I. Willi ...1111n .1111110 � y ino . 111111M11% • el) MIMMMK:=Mr"FRIM OM 11116P. 11 LA". Q. Y141 C I 01 01 0 ti C r. p N 6Zt OVO 3IV1S o Q N __ 03 1 asO C JI trafil. diff IIIEI ► ei: ____ diI � 4I ii i a 000 NMvt.•� a A S90 `+Y a � :-..c) (7\71 � d / o Lo o , ii �' ,Z U o >, 00 a) O7 O UJ C9 U .c a) E N o c c c c 0 c4 a 2 w N o TA::, N N -t-a •c crs, 0 0 0 0 co >, (n cn o E c d d •- d 0 6 c d o a`) w Q c co a3 co co 1- o f •E U m 2 i 0 c . w c CD - c) 'i= � L ti ti _ �° m m a) o m 0 co a ami ° O cp d> d� m ti> °zs a a) u, .c L '- E 0 D o .0 co cn m c c � a> o) o) m - � � E cin@ c 'F-, -co) m o E � U c c c c c o � 'm o m m � a) o o a� � c m co WD co 0) 0 U) in u> in in O 2 d z 0 012 Do 0 0 _J 2 = a D -J 0 ; ;; 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 1/4) 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 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 ORANGE COUNTY. FLORIDA, CONTAINING 9.866 ACRES, MORE OR LESS. -8- Exhibit "2" McCormick Woods Phase 3 Location Map c i -_: —.-' wiz, .1 ::! --u :::: ■■1 ii:a , icyin.i - —.a-= ii : .!1 V:_10I1!_`.. IIIIG2, z. Ili/ ■■;1 W ■11■I ■ I:+ MUM +■nI'll •uiEi Gid*+ 1■115 i'" i•i _. ■MI■I ■IIi1 I■IL's IF I■11■1 = Mill _:ii iiii■ ii ■■■■1 v7- iiiii .:1■ Mid • II Miami d11d1 d11■ iiil■ I i■■■■1 ■■■I •WM I1111■ .r.N---. ■TIMI -..- i-u- I■E�■■1 ■■■I :a: I■■■ MC H�4RIV�I K I LI 111 111 OIMMENIammo m Mill 1111111 simmmill � , � .�.■■.. '� �� Ir NI Num i ■ iiG�iddi IGIIG■■1 - iii '.1 : ri #jam911 ■■■�♦Ili. �♦1j**MEN 41111 InI ~Ig ■ fine 4 - ENI �ja11111■ o wim1im1 m=mosol I. 411/81111111k g EN MI a 1 Mil 1E1 itil,Alretalli Al ix MMENI Ill I'm 1111111■ Q iuii ■■:::l:w�lsi � 010Changefrom�� i I I I I I ` ■.!tzi ruin conal to Low Densi y ■M...rrll ntial gill 1 =...0 Lai i :::■■� f • • • • 1■■::I? 111111111 IIIII!II ■:::i: ----- ..■■■■� . - ■iii r' '. I, __ 111111141 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 31St 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. - 2 - 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 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 1/4) 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 1/4) OF SAID SECTION 32, A DISTANCE OF 707.93 FEET; THENCE NORTH 88°23'49" WEST, 618.03 FEET; THENCE NORTH 00°07139" 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 ORANGE COUNTY, FLORIDA, CONTAINING 9.866 ACRES, MORE OR LESS. - 4 - Exhibit "B" McCormick Woods Phase 3 Current Future Land Use Map ism giro lira ---7.- , Eli�ii I■:!•J mini. iiEti I-ILIA I■IrA NEM! •!1■ I■IMI NUM I•Iii 1■1111 , ■u• I■::■ I■Ii■ ■ IMI I:::: I■1■■ M O'RMICK / r.+a - - .. ni g.ttip z Firm ,....w mu 0 lit SSCPA-04- 2-01N--- u ITA � v Change fro', "P 9: �'. iesffristitutt6nal" �•�' to "Low Dei sit :0 milk Ti' it z �l •• •,� . al.111II► _ i i Illi K 11111111M lIIIIIJ} IIIIIIII __ c\J.ct 111111 0 a EN t: ' ' " STREET 119 • • • • • • • • . . . C/) . . ♦ • -- 1 REC • • . • 0 • ■, •