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Home My WebLink AboutVI (A1) Ordinance No. 00-01, Clarke Road Pond Annexation (Case No. AR-99-09-01) Agenda 1-18-2000 , Item VIA l "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee - S.SCOTT VANDERGRIFT a CITY OF OCOEE 4COMMISSIONERS t� DANNY HOWELL ` 150 N.LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON °�•4. (407)656-2322 NANCY J.PARKER �'� N OP Gaon ) CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: December 28, 1999 TO: The Honorable Mayor and City Commissionerss � FROM: Kirsten McGinnis, Senior Planner �" THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Ordinance Number 00-01: Clarke Road Pond Annexation (Case Number AR-99-09-01) ISSUE: Should the Honorable Mayor and City Commissioners approve the subject annexation petition? BACKGROUND: The subject property is located 200 feet south of the Ocoee Clarcona Road/Clarke Road intersection, east of Clarke Road. The 1.37 acre parcel contains a City-owned and maintained retention pond that serves Clarke Road. The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land Use Map and Joint Planning Area Map. An Ocoee zoning classification of R-1AA, Single Family Dwelling District, is recommended. The R-1AA zoning classification would be consistent with the above referenced land use designation and character of the area. 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 satisfies the above criteria. The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and the Ocoee Utility Service Area. Since the property is contiguous to the City limits, the property is being considered for annexation as outlined in the JPA Agreement. We have notified Orange County Planning Staff of the Annexation Petition and they have no objections. The requested annexation is consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. F :cM1 . at RI'tritef Ucaee`s later Stscirces,, The Honorable Mayor City Commission Page 2 December 28, 1999 DEVELOPMENT REVIEW COMMITTEE MEETING: On November 17, 1999, the Development Review Committee (DRC) met to consider the Clarke Road Pond Annexation request. Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation petition. PLANNING &ZONING COMMISSION MEETING: On December 14, 1999, the Planning and Zoning Commission held a public hearing to consider the Clarke Road Pond annexation request. No one spoke in favor or opposition to the request. The Planning and Zoning Commission unanimously recommended approval of the requested annexation petition. STAFF RECOMMENDATION: Based upon the recommendations of the Development Review Committee and Planning and Zoning Commission, Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number 00-01 to approve the requested annexation petition for the Clarke Road Pond, Case Number AR-99-09-01. KKM/RBW/ Attachment: Ordinance Number 00-01 Notice of Public Hearing O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR99081.doc ORDINANCE NO. 00-01 CASE NO. AR-99-09-01: CLARKE ROAD POND AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.37 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD, APPROXIMATELY 200 FEET SOUTH OF THE INTERSECTION OF CLARKE AND OCOEE-CLARCONA ROADS, PURSUANT TO THE REQUEST 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 City of Ocoee as the property 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 said real property 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 (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and 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. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. 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. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 4. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT"B" and by this reference is made a part hereof. SECTION 5. 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 Ocoee City Code. SECTION 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 7. 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. 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. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit court and the chief administrative officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this day of , 2000 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED: DECEMBER 30, 1999; AND JANUARY 6, 2000 READ FIRST TIME: JANUARY 4, 2000 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 , 2000. FOLEY& LARDNER By: City Attorney \POLICE FIRE1PLANNINGWNCGINNISWLLDATA\ANX-REMACTIVE\GLENNFINNANIDRAFTORDAX.DOC EXHIBIT "A" Legal Description LEGAL DESCRIPTION REMAINDER PA.ACEL Mo.237 A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTNWI ST QUARTER OF THE NORTHEAST OUARTER OF SECTION 4, TO+.::SHIP 22 SOUTH. RANGE 78 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH. RANGE 28 EAST FOR A POINT OF REFERENCE. THENCE. ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, RUN NORTH 89'50'17' EAST, 1632.88 FEET; THENCE. DEPARTING SAID SC;UTH. LINE. RUN NORTH 00.11'19'_WEST. 1250.07 FEET TO THE POINT OF CUR:ATUF.E OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY. ALONG H' ,;NR A RADIUS LEr.“3 in Gt :i• I.vv :E•I L,rrtiLt OF 41°43'09% AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH ;•: C33.79 FEET AND A CHORD BEARING OF NORTH 20°40'16' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 41'31'50' EAST. 591.82 FEtT 1t3 I'HE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RLn4 NORTHEASTERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°20'59'. AN ARC LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20°51'20' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 00°10'51' EAST. 5701.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHEASTERLY. ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1909.86 FEET, A CENTRAL ANGLE OF 45`12'49'. AN ARC LENGTH OF 1507.12 FEET. A CHORD LENGTH OF 1458.31 FEET AND A CHORD BEARING OF NORTH 22°47'15" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 45° 23'39' EAST, A DISTANCE OF 300 01 FEET TO THE POINT OF ' " CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1909.85 FEET, A CENTRAL ANGLE OF 60'01'02'. AN ARC LENGTH OF 2000.53 FEET, A CHORD LENGTH OF 1910.36 FEET AND A CHORD BEARING OF NORTH 15°23'O8' EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 14° 37'23' WEST, A DISTANCE OF 720.00 FEET TO THE POINT OF CURVATURE OF • A CURVE CONCAVE TO THE EAST; THENCE RUN NORTHERLY, ALONG SAID CURVE, HAVING A RADIUS LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 17°00.08', AN ARC LENGTH OF 971.56 FEET, A CHORD LENGTH OF 966.O0. FEET AND A CHORD BEARING OF NORTH 06'07'19' WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 02°22'45' EAST, A DISTANCE OF 239.98 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST; THENCE RUN NORTHERLY, ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 3274.04 FEET, A CENTRAL ANGLE OF 21°09'36', AN ARC LENGTH OF 1209 14 FEET. A CHORD LENGTH OF 1202 28. FEET AND A CHORD BEARING OF NORTH 08°12'03' WEST TO THE POINT OF TANGENCY: THENCE RUN NORTH 18'46'51' WEST. A DISTANCE CF 239 9E FEET TO THE PCI"T Oe CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY, Y, ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 3274.05 FEET. A CENTRAL ANGLE OF 19°56'58'. AN ARC LENGTH OF 1139 95 FEET, A CHORD LENGTH OF 1134.21 FEET AND A CHORD BEARING OF NORTH 03°45'22' WEST TO THE POINT OF TANGENCY; THENCE RUN NORTH 01°1C'07' EAST. 3138.0E FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON A NON•TAIIGENT CURVE CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE. HAVING A RADIUS LENGTH OF 1959.86 FEET. A CENTRAL ANGLE OF 11°37'22% AN ARC LENGTH OF 397.57 FEET. A CHORD LENGTH OF 396.88 FEET AND A CHORD BEARING OF NORTH 17'37'25' WEST TO THE POINT OF TANGENCY;.THENCE RUN NORTH 23°26'06' WEST. 234.32 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTHWEST OUAP.TER OF THE NORTH. WEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN NORTH 89°50'46' EAST, ALONG SAID NORTH LINE. 225.66 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN SOUTH 01'10'07' WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4. 594.44 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBEp STRIP OF LAND LIES IN ORANGE COUNTY. FLORIDA AND CONT.;INS 1.370 ACRES, MORE OR LESS. EXHIBIT "B" Location Map CITY OF OCOEE, FLORIDA C LAR KE ROAD PO N D ANN EXATION oaa� giositdC` _die oG II 4111 ?; 1 «Subject Prope 1.1 1 :�I//IIIIII�Iapeu I1 ri �;��;.'►►� la L ; = no _��ril;,,♦*" 11 ----7 i U �1II/1I1ii 111://►� ri7 iat Al‘� ♦ � 1I1III1_gni emu Mg I Ca — 11111 _III ea -c LEGEND City Limits N Ocoee o` Xs.1u a j City Property �'/ Z . „._ Subject Property w E ...,,," I County Property S The Orland°Sentinel,Thursday,January 6,2000 CITY OF OCOEE :: NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION NO.A AN ANNEXATION ORDINANCE CLARKE ROAD POND ORDINANCE NUMBER 00-01 NOTICE IS HEREBY GIVEN,pursuant-to Sections 166.041 and 171.044,Florida Statutes,and Sections 1-10 and 5-9,Ocoee Land Development Code,that on Tues- day,January 18,2000,at 7:15 p.m.,or as soon thereafter as practical, a O OEE CITY COMMISSION will hold a PUBLIC HEARING at the City Cham- bers,150 North Lakeshore Drive,Ocoee,Florida to consider on the second of two readings adoption of the following ordinance: COR- PORATEAN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,LIMITS OF THE CITY OF OCOEE,FLORIDA,CERTAIIN NG REAINTLROPERTY 1.37 CLARKECONTAINING ACRES LOCATED APPROXIMATELY 200FEET SOUTH OF THE INTERSECTION OF CLARKE AND OCOEE-CLARCONA ROADS,PURSUANT TO THE REQUEST BY THE PROPERTY OWNER;FINDING SAID ANNEXATION TO BE CONSISTENT WITNT H THE PLANNING AREA AGREEMENTP PROVIDING FORLAN,THEE AND AUCITYOTHORIZ NCITY CLERK; G TH,AND THEUP- PROVIDINGOFOR SEVERABILITY; REPEALINGDIRECTION INCONS STENTO TiE ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Set forth below is a map showing the area proposed to be annexed: ar t f, b, t• ✓ ! / , + v,,i,4.L 1...=.:1.il:4:::,:, `st ''a t4 ..-.-.e l / ; I i ` \ b) { s t 3ubIda roA Y • x. r�.. m ' ®®ltil®,n11®arA®'t® rs •- . agn Poitag® ra Is�- E�f4fixy a'.. LEGEND .__ „, .,.....__._.:' N City Limits ..`',to.:o_ _ ,-. g%/SubjectProperty _ _.s -- City P �.4/e. _ • i.—�County Property . as The City Commission may continue the public shall hearing dois to other h that the and times times they deem necessary.facontinuationAny of thish party an- nou aced during he hearing and that no further notices regarding these matterss shall will be published. . by A copy u the may beinspectedcat the Ocoee City pClerk'sgal Off e,15ption 0 North metes and Drive, may Lake- shore ,- except Drive,between the hoursInterestof 8:0 es may appear p.m.the meeting and e rhheard except legalt t othe Ordied nance.Any person who desires to appeal any shrespect to the proposed is made de- cision made during the public hearing will need a record of the proceeding and for which includes the testimony and evidence upon which the appeal is based.this purpose may need to ensure that a verbatim record of the proceedings Per- sons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 656-2322. JEAN GRAFTON,CITY CLERK : 30,1999 CITY 07 471 ' -- DEC.EC. 6,2000OLS3371