HomeMy WebLinkAboutItem 11 First Reading of Ordinance for RusTeak - 11077 Roberson Road Annexation, Small Scale Comprehensive Plan Amendment and Rezoning to Commercial; Project No(s): AX-04-19-81, CPA-2019-003, RZ-19-04-04 \\//
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 4, 2019
Item # 11
Reviewed By:
Contact Name: Michael RumersS)' Department Director:
Contact Number: Ext. 1018 City Manager: �� 7
Subject: RusTeak— 11077 Roberson Road
Annexation, Small Scale Comprehensive Plan Amendment, & Rezoning
Project#AX-04-19-81, CPA-2019-003, & RZ-19-04-04
Commission District#3 — Richard Firstner
BACKGROUND SUMMARY:
General Location: The subject property is located north side of Roberson Road, approximately 280 feet west
of the intersection of Maguire Road and Roberson Road.
Parcel Identification Number(s): 31-22-28-0000-00-014
Physical Address: 11077 Roberson Road
Property Size: +1- 2.88 acres
Actual land use, proposed land use and unique features of the subject property: The parcel contains one (1)
single-family residence.
The future land use & requested initial zoning classification of the subject property
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/Agriculture&Ocoee City of Ocoee/Commercial
Use-Joint Planning Area (JPA) Office Professional
Land Use Classification (@ Less than 4 dwelling units/acre)
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: JURISDICTION/FUTURE LAND USE JURISDICTION/ZONING
North Orange County/Professional Office and Services Orange County/A-1
East City of Ocoee//Professional Office and Services City of Ocoee/PS
South City of Ocoee/Citrus Rural(Orange County City of Ocoee/Planned Unit
Development
West Orange County/Professional Office and Services Orange County/A-1"Veterinary Office
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinances for the Annexation, Small Scale
Comprehensive Plan Amendment from Professional Offices and Services (JPA Land Use) to Commercial,
and Rezoning to C-3 (General Commercial)?
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not
create an enclave. The subject property is considered contiguous to the City of Ocoee since it's bordered by
property located within the City limits on the south and eastern boundary.
Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The
applicant is requesting rezoning of the property to C-3 (General Commercial). Orange County has been
notified of this petition in accordance with Section 171.044(6) FS and Subsection 13-A of the City of Ocoee-
Orange County Joint Planning Area Agreement.
Rezoning: The applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial)
upon annexation. According to the Land Development Code, the C-3 zoning designation is intended for
areas shown on the Future Land Use Map as "Commercial". The C-3 zoning designation is consistent with
the proposed future land use designation of"Commercial."
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states
justified in part, "The City shall consider requests for voluntary annexation into the City when those lands are
logical extensions of the existing City limits, when services can be properly provided, and when proposed
uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation
Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that
states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the
Future Land Use Map and the JPA Agreement..."
Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an
enclave in the City, it already benefits from Ocoee Fire Rescue services via a joint "First Responder"
Agreement with Orange County.
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided,
and the annexation meets state and local regulations. The land use and initial zoning are also consistent and
compatible with surrounding properties.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On May 13, 2019, the DRC met to determine if the proposed annexation, small scale comprehensive plan
amendment, and rezoning were consistent with the City regulations and policies. When the discussion was
finished, the DRC voted unanimously to recommend approval of the annexation, small scale comprehensive
plan amendment, and rezoning for RusTeak.
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Annexation, Small Scale Comprehensive Plan
Amendment, and initial zoning on May 14, 2019. City Staff presented a brief summary and overview of the
requested actions. One Citizen who spoke on behalf of the existing Office Development on the east side
spoke. Questions pertaining to actual use of the property and traffic were made. After deliberations, the P&Z
acting as the Local Planning Agency voted to recommend approval of the proposed actions 4-0 with one
open seat on the Planning and Zoning Commission vacant.
RECOMMENDATION:
Based on the recommendation of the DRC (Development Review Committee) and Planning and Zoning
Commission, Staff recommends that the Honorable Mayor and City Commissioners approve ordinances for
the Annexation, Small Scale Comprehensive Plan Amendment from Professional Offices and Services to
Commercial, and Rezoning C-3 (General Commercial)."
ATTACHMENTS:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Proposed Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation Ordinance;
Small Scale Comprehensive Plan Amendment Ordinance;
Rezoning Ordinance.
FINANCIAL IMPACT:
None
TYPE OF ITEM:
❑ Public Hearing For Clerk's Dept Use:
[X] Ordinance First Reading ❑ Consent Agenda
❑ Ordinance First Reading [ ] Public Hearing
❑ Resolution ❑ Regular Agenda
❑ Commission Approval
❑ Discussion&Direction
[ ] Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney 0 N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) 0 N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-04-19-81 & RZ-19-04-104
APPLICANT NAME: Selby Weeks for Brian J. Buttner
PROJECT NAME: RUSTEAK-11077 ROBERSON ROAD ANNEXATION
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below.
I. PLANNING DEPARTMENT Michael Rumer, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): Small Fry Properties, LLC
B. Property Location
1. General Location: On the north side of Roberson Road, approximately
280 feet west of the intersection of Maguire Road and
Roberson Road
2. Parcel Identification Numbers: 31-22-28-0000-00-014
3. Street Addresses: 11077 Roberson Road
4. Size of Parcels: 2.88
C. Use Characteristics
1. Existing Use: Single-Family Dwelling and Mobile Home
2. Proposed Use: Commercial Restaurant
3. Density/ Intensity: N/A
4. Projected Population: N/A
D. Zoning and Land Use
1. Orange County Future Land Use: Rural
2. Orange County Zoning: A-1
3. Existing Ocoee Future Land Use: Professional Office and Services
4. Proposed Ocoee Zoning: C-3
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Small Scale Map Amendment in associated with
annexation.
II. FIRE DEPARTMENT
1. Estimated Response Time: 2 minutes
2. Distance to Property: Station 39 (Maguire Rd) is less than a mile away.
3. Fire Flow Requirements: Fire Flow Requirement is 300 gpm
Page 1 of 3
Applicant Name: RusTeak—11077 Roberson Road
Project Name:Annexation
Case#:AX-04-19-81
III. POLICE DEPARTMENT
1. Estimated Response Time: <— 4 mins from the PD Station
2. Distance to Property: 0.5 miles from the PD Station
3. Average Travel Time <— 3 mins
IV. ECONOMIC VALUE Michael Rumer, City Planner
1. Property Appraiser Market Value: $214,400
2. Property Appraiser Assessed Value $120,131
3. Estimated City Ad Valorem Taxes: $515
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: TBD
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, City Engineer
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of 8" Water main on Maguire Road
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes, to an existing Force Main on Maguire
4. Location and Size of N/A
Nearest Force Main:
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: Yes
2. Private Lift Station Needed: Yes
3. Well Protection Area Needed: No
Page 2 of 3
Applicant Name: RusTeak—11077 Roberson Road
Project Name:Annexation
Case#:AX-04-19-81
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 630
VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner
At this time, adequate transportation capacity exists.
A. Transportation:
At this time, adequate park/recreation capacity exists.
B. Parks/ Recreation:
Serviced by Ocoee
C. Water/Sewer:
At this time, adequate Storm Water capacity exists.
D. Stormwater:
At this time, adequate solid waste capacity exists.
E. Solid Waste:
Impact fees will be assessed at Building Permit.
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner
This property is contiguous with the City Limits and will reduce the area of an enclave; therefore
this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
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Annexation and Rezoning
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ORDINANCE NO. 2019-
(Annexation for RusTeak— 11077 Roberson Road)
TAX PARCEL ID: 31-22-28-0000-00-014
CASE NO. AX-04-19-81: RusTeak— 11077 Roberson Road
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/-2.88 ACRES, LOCATED ON THE NORTH SIDE
OF ROBERSON ROAD, APPROXIMATELY 280 FEET WEST OF THE
INTERSECTION OF MAGUIRE ROAD AND ROBERSON 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 AREA AGREEMENT; PROVIDING FOR
AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately +1- 2.88 acres of property, as more particularly described in Exhibit "A"
attached 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 Land Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which has from time to time been amended by Orange
County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the
real property hereinafter described; and
WHEREAS, on May 14, 2019, the Planning and Zoning Commission of the City
of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the
Ocoee Comprehensive Plan, compliant with all applicable requirements of the Code, consistent
with the JPA Agreement, and in the best interest of the City of Ocoee, and recommended the
Ocoee City Commission approve said annexation; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida,to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA,AS FOLLOWS:
Section 1. 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 C-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" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof
Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan
and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth
in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code.
Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 8. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
Section 9. 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. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage
and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this
Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief
Administrative Officer of Orange County, Florida, and with the Florida Department of State
within seven(7) days from the effective date.
PASSED AND ADOPTED this day of , 2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2019
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY ,2019, UNDER AGENDA
THE CITY OF OCOEE,FLORIDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2019
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Legal Description
DESCRIPTION:
SOUTH 660 FEET OF THE SE 1/4 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
LESS THE EAST 330 FEET THEREOF; LESS WEST 792 FEET THEREOF, SUBJECT TO RIGHT OF WAY OVER
SOUTH 30 FEET.
CONTAINING 2.88 ACRES MORE OR LESS.
DESCRIPTION: (AS WRITTEN BY SURVEYOR)
THAT PORTION OF THE SOUTH 660.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING IN ORANGE COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE RUN
S89°25'59"W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, 330.00 FEET TO
THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
RUN N00°21'16"W ALONG SAID WEST LINE, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF
ROBERSON ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1396, PAGE 257, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA FOR THE POINT OF BEGINNING; THENCE RUN S89°25'59"W ALONG SAID
NORTH RIGHT OF WAY LINE, 199.90 FEET TO THE EAST LINE OF THE WEST 792.00 FEET OF AFORESAID
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31; THENCE RUN N00°14'19"W ALONG SAID EAST
LINE, 630.01 FEET TO THE NORTH LINE OF THE SOUTH 660.00 FEET OF SAID SOUTHEAST 1/4 OF THE
NORTHEAST 1/4; THENCE RUN N89°25'59"E ALONG SAID NORTH LINE, 198.63 FEET TO THE AFORESAID
WEST LINE OF THE EAST 330.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN
S00°21'16"E ALONG SAID WEST LINE, 630.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.882 ACRES MORE OR LESS.
EXHIBIT "B"
LOCATION MAP
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ORDINANCE NO. 2019-
(Comprehensive Plan Amendment for RusTeak— 11077 Roberson Road)
TAX PARCEL ID: 31-22-28-0000-00-014
CASE NO. CPA-2019-003: RUSTEAK— 11077 ROBERSON ROAD
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; AMENDING THE
FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN
TO CHANGE THE FUTURE LAND USE DESIGNATION FROM
"PROFESSIONAL OFFICE AND SERVICE" TO "COMMERCIAL," FOR
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.88
ACRES LOCATED ON THE NORTH SIDE OF ROBERSON ROAD,
APPROXIMATELY 280 FEET WEST OF THE INTERSECTION OF
MAGUIRE ROAD AND ROBERSON ROAD; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY 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 (the "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 CPA-2019-003 in order to amend the Future Land
Use designation of certain real property containing approximately 2.88 acres, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the"Property"); and
WHEREAS, Amendment Number CPA-2019-003 constitutes a Small-Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
WHEREAS, on May 14, 2019, 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 CPA-2019-003; and
WHEREAS, on June 18, 2018 the City Commission held an advertised public
hearing and adopted Amendment Number CPA-2019-003; 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 (the "Ocoee Land Development
Code").
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 "Professional Offices and Services" to "Commercial." 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 CPA-2019-003 consistent with
the provisions of this Ordinance.
2
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 upon passage and
adoption.
PASSED AND ADOPTED this day of ,2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk R, Mayor
(SEAL)
ADVERTISED ,2019
READ FIRST TIME ,2019
FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED
THE CITY OF OCOEE,FLORIDA ,2019
Approved as to form and legality this UNDER AGENDA ITEM NO.
day of ,2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
3
EXHIBIT "A"
DESCRIPTION:
SOUTH 660 FEET OF THE SE 1/4 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
LESS THE EAST 330 FEET THEREOF; LESS WEST 792 FEET THEREOF, SUBJECT TO RIGHT OF WAY OVER
SOUTH 30 FEET.
CONTAINING 2.88 ACRES MORE OR LESS.
DESCRIPTION: (AS WRITTEN BY SURVEYOR)
THAT PORTION OF THE SOUTH 660.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING IN ORANGE COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE RUN
S89°25'59"W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, 330.00 FEET TO
THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
RUN N00°21'16"W ALONG SAID WEST LINE, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF
ROBERSON ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1396, PAGE 257, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA FOR THE POINT OF BEGINNING; THENCE RUN S89°25'59"W ALONG SAID
NORTH RIGHT OF WAY LINE, 199.90 FEET TO THE EAST LINE OF THE WEST 792.00 FEET OF AFORESAID
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31; THENCE RUN N00°14'19"W ALONG SAID EAST
LINE, 630.01 FEET TO THE NORTH LINE OF THE SOUTH 660.00 FEET OF SAID SOUTHEAST 1/4 OF THE
NORTHEAST 1/4; THENCE RUN N89°25'59"E ALONG SAID NORTH LINE, 198.63 FEET TO THE AFORESAID
WEST LINE OF THE EAST 330.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN
S00°21'16"E ALONG SAID WEST LINE, 630.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.882 ACRES MORE OR LESS.
4
EXHIBIT "B"
LOCATION MAP
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ORDINANCE NO. 2019-
(Rezoning Ordinance for RusTeak— 11077 Roberson Road)
TAX PARCEL ID: 31-22-28-0000-00-014
CASE NO. RZ-19-04-04: RusTeak— 11077 Roberson Road
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE C-3 (GENERAL COMMERCIAL) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-2.88 ACRES
LOCATED ON THE NORTH SIDE OF ROBERSON ROAD,
APPROXIMATELY 280 FEET WEST OF THE INTERSECTION OF
MAGUIRE ROAD AND ROBERSON ROAD, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission")to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately +/-2.88 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1 to Ocoee C-3 (General Commercial);
and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No.
91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on May 14, 2019, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on June 18, 2019, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that
the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately +/-2.88 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 to Ocoee C-3 (General Commercial). A map of said land herein described which clearly
shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a
part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2019.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED
READ FIRST TIME , 2019.
READ SECOND TIME AND ADOPTED
, 2019.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
DESCRIPTION:
SOUTH 660 FEET OF THE SE 1/4 OF THE NE 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
LESS THE EAST 330 FEET THEREOF; LESS WEST 792 FEET THEREOF, SUBJECT TO RIGHT OF WAY OVER
SOUTH 30 FEET.
CONTAINING 2.88 ACRES MORE OR LESS.
DESCRIPTION: (AS WRITTEN BY SURVEYOR)
THAT PORTION OF THE SOUTH 660.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING IN ORANGE COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE RUN
S89°25'59"W ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, 330.00 FEET TO
THE WEST LINE OF THE EAST 330.00 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE
RUN N00°21'16"W ALONG SAID WEST LINE, 30.00 FEET TO THE NORTH RIGHT OF WAY LINE OF
ROBERSON ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1396, PAGE 257, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA FOR THE POINT OF BEGINNING; THENCE RUN S89°25'59"W ALONG SAID
NORTH RIGHT OF WAY LINE, 199.90 FEET TO THE EAST LINE OF THE WEST 792.00 FEET OF AFORESAID
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31; THENCE RUN N00°14'19"W ALONG SAID EAST
LINE, 630.01 FEET TO THE NORTH LINE OF THE SOUTH 660.00 FEET OF SAID SOUTHEAST 1/4 OF THE
NORTHEAST 1/4; THENCE RUN N89°25'59"E ALONG SAID NORTH LINE, 198.63 FEET TO THE AFORESAID
WEST LINE OF THE EAST 330.00 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE RUN
S00°21'16"E ALONG SAID WEST LINE, 630.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.882 ACRES MORE OR LESS.
EXHIBIT "B"
LOCATION MAP
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