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Home My WebLink AboutVII(A1) Poer Property: First Reading of Annexation Ordinance No 2004-01-Poer Property, Case #AX-2003-12-14 Mayor S. Scott Vandergrift center of Good L . ,\'o-e It>j~ Agenda 0 I /20/2004 Item VII Al Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 City Manager Jim Gleason STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Jennifer Willman, Senior Planner 0v0 Russ Wagner, AICP, Community Development Director ~ THROUGH: DATE: January 13, 200J~ SUBJECT: Poer Property - Annexation Ordinance # 2004-01 (Case # AX-03-12-14) Eleventh Amendment to the JPA Agreement (Case # JPA-03-008) ISSUE: Should the Honorable Mayor and City Commissioners recommend approval of Annexation Ordinance #2004-01 for the Poer Property, and the Eleventh Amendment to the Joint Planning Area (JPA) Agreement for the Poer Property and Richardson Property? BACKGROUND: The +/-29.25 acre parcel known as the Poer Property is located south of the Ocoee Crown Point PUD and west of the West Orange Trail, as shown on the Location Map attached. It is vacant, with vegetation consisting of grass and a considerable amount of trees. Historically, a significant portion of the site was used for agricultural activities includ.ng citrus farming. The Poer Property was recently purchased by the City because the property offers an excellent opportunity to expand the City's land holdings as part of the Ocoee Crown Point PUD. Incorporating this land into the PUD is important to the overall development of residential property in the PUD, by increasing the number of single-family units by up to 115 lots. Given the very reasonable purchase price of the property compared to its potential sales price, the City acquired the site in expectation of realizing a significant return which will help pay down the original acquisition price of the Coke Property and help with infrastructure costs. The Poer Property is currently outside of City limits and outside of the Ocoee/Orange County Joint Planning Area. Before it can be added to the Ocoee Crown Point PUD, the property must be annexed and moved from the Winter Garden/Orange County JPA to the Ocoee/Orange County JPA. Annexation of the Poer Property will be subject to approval of an Amendment to the JPA Agreement, which is the Eleventh Amendment to date. This Amendment will also include the Richardson Property, which is not within any JPA at this time. The +/- 14.11 acre Richardson Property is located southeast of the Poer Property, between E. Crown Point Road and the West Orange Trail (1600 E. Crown Point Road) as shown on the Location Map. Adding this parcel to the JPA would assure the integrity of any new development at that location, which is the entrance to Ocoee Crown Point PUD. The Honorable Mayor and City Commissioners January 13, 2004 Page 2 of 4 ANNEXATION OF THE POER PROPERTY: Environmental Assessment: The due diligence report for the Poer Property, compiled by the City's consultant Vannesse Hangen Brustlin, Inc., provides information about the physical condition of the site. There are no unique features on the property such as historic or archeological sites. On-site wetlands cover +/- 3.3 acres of the land area. Minor impacts may be permitted, however most of the wetland areas will be preserved. Therefore, the net buildable area is 26 acres. The majority of the site lies within Flood Zone C, which is an area of minimal flooding. The remainder lies within Flood Zone AE with a 100-year flood elevation of 69.0 feet NGVD. Utilities & Stormwater: Because the Poer Property is outside of the City's Utility Service Area, Orange County will provide water and sewer service tied into mains that serve the Westyn Bay subdivision. Storm water retention will be provided on-site, and since the project discharges to Lake Apopka, an analysis for phosphorous reduction will be done. Drainage of the development will be by storm sewer piping and will outfall to a retention pond. As a requirement of the JPA agreement, the City has completed an Annexation Feasibility and Public Facilities Analysis report as a component of the annexation procedure. Staff has determined that the full range of urban services can be provided. Transportation: The Poer Property is located approximately 2,000 feet west of the point where Fullers Cross Road goes under the Western Expressway (SR 429). Site access will be through the proposed residential loop connection to Ocoee Crown Point Parkway that will be constructed on the west side of Ocoee-Apopka Road (CR 437). Ocoee-Apopka Road is a major north-south arterial roadway, and is currently a 2-lane facility with an adopted level of service (LOS) "E". The Ocoee-Apopka Road segment from Silver Star Road (SR 438) to Fullers Cross Road is currently operating at LOS "A", and the segment from Fullers Cross Road to McCormick Road is currently operating at LOS "F". The current Average Daily Traffic (ADT) on Ocoee-Apopka Road is as follows: ADOPTED 2003 Volumes: LOS RESERVED VOLUME LOS FROM TO LANES NUMERIC EXISTING FROM /CAPACITY CAPACITY & TOTAL RATIO PERFORMANCE APPROVED STANDARD VESTED DEVELOPMENT SR438/Silver Fullers 2 19,400 5,975 4,470 10,445 0.54 A Star Rd. Cross Rd. Fullers McCormick 2 19,400 9.246 10,648 19,894 1.03 F Cross Rd. Rd. According to the Ocoee Comprehensive Plan, Ocoee-Apopka Road will become a 4-lane facility by 2020, although there is no specific funding source from Orange County at this time. After 4- laning, the future LOS of Ocoee-Apopka Road from segment from Silver Star Road (SR 438) to Fullers Cross Road will be "C", and from Fullers Cross Road to McCormick Road will be "B". The Honorable Mayor and City Commissioners January 13, 2004 Page 3of4 DISCUSSION: State annexation criteria in 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 Ocoee Comprehensive Plan's Future land Use Element Policy 2.5 governing annexations 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..." The proposed annexation of the Poer Property is consistent with State and local regulations. Because the Poer Property is not currently located within the JPA, approval of an amendment to the JPA Agreement is required before the annexation can be effective. The Eleventh Amendment to the Joint Planning Area Agreement would amend the Joint Planning Area boundary to include the Poer Property and Richardson Property, and establish a JPA land use designation for both parcels as low Density Residential. City staff has met with Winter Garden staff to discuss JPA boundary issues, including this proposal to remove the Poer Property from the Winter Garden JPA to be placed within the Ocoee JPA. Subsequently, we received a letter stating that Winter Garden concurs with this proposal. The proposal letter from Ocoee dated October 20, 2003, and the response letter from Winter Garden dated November 17, 2003, are attached. Orange County Planning is allowing us to process this amendment at this time, making the annexation subject to approval of the JPA Amendment, and allowing Winter Garden to request the same change under a separate proposal when it is convenient to do so. The City has complied with the annexation provisions contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Once the JPA Amendment and Annexation Ordinance are effective, the next step will be to process a large scale comprehensive plan amendment, according to Subsection 8-B of the JPA Agreement, to establish a City future land use classification consistent with the JPA land Use Map. At that time, the land Use Plan Amendment to the Ocoee Crown Point PUD will be processed. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On January 6, 2004, the Development Review Committee (DRC) met to determine if the proposed annexation and JPA Amendment were consistent with the City's regulations and policies. Based on the above analysis and subsequent discussion, the DRC voted unanimously to recommend approval for annexation of the Poer Property, and approval of the Eleventh Amendment to the Ocoee-Orange County Joint Planning Area Agreement for the Poer Property and Richardson Property. The Honorable Mayor and City Commissioners January 13, 2004 Page 4 of 4 PLANNING AND ZONING COMMISSION RECOMMENDATION: NOTE: Because this staff report was due to the City Clerk prior to the Planning and Zoning Commission meeting on January 13, 2004, the proceedings and recommendation of the Planning and Zoning Commission will be included in the report prepared for the February 3rd City Commission meeting, when both the annexation ordinance and JPA Amendment go for public hearing. STAFF RECOMMENDATION: Based on the recommendation of the Development Review Committee, staff respectfully recommends that the Honorable Mayor and City Commissioners: 1. Approve the Eleventh Amendment to the Joint Planning Area (JPA) Agreement, amending the boundary to include the Poer Property and Richardson Property, and establishing a land use designation for both parcels as "Low Density Residential" on the JPA Land Use Map; and 2. Approve Ordinance # 2004-01 to annex the Poer Property, subject to the County's approval of the Eleventh Amendment to the JPA Agreement. Attachments: Location Map Annexation Feasibility & Public Facilities Report Letters from Ocoee and Winter Garden Annexation Ordinance # 2004-01 Eleventh Amendment to the Joint Planning Area Agreement O:\Staff Reports\2004\SR04002 CC.doc LOCATION MAP ~.' 4 ",. l .,# ,.. .. . ,;--~ ",. " ..' '~ ..,. " ,.. " ,~ .._t...... I ,.. .... ,.., ... I ,. "," ",# ,.. .... .' ,.. 10" 10# ,.. 10" l I I \l \, j LAKE APOPKA J~ ~ ~~ ($I WES r RO - -+- -iiI ~ !~ ~".,IP'.f"';~ c/~ _</)<:If.Y ~C:) ~ ~.~ ~ ~ ~~ ~- Poer Property ~~ ~~;;1 / ~ ~;F ~~ 'I=IILLER CROSS F D ~~ - /J\. ~ ~ ~~ . 7'/ 'u.'\. ~ [JQ -'v) ~ 1III \ . · Richa '"dsol")lll ~ I ;:Y'~ \\ ~ I II I\.. ... ~ ~ [' \\\ I ~LIJI\ Pro~ertyff ~~~\ 3~ II ~R~ r.1~ l~~( ~n I ..... I ~ >-- ~ ~ ~~~~IDlr~o/ ~-I TT-:~ ,-r:- ~~ - ~lbItTIfJ~ D T.-' ~ , ~ ~ I ~~\ f- ,= '- IIgf-1 ---j ~l 11~~~11 i \---1//7 \ .ll~0 'J f---l. _ / I ~ "';. ~ ~::::t=::: ~'~ -4s:~llla -] ~}-- rl$I\\\ \1 V -: I I 'I \ IIIII 8~ 0:: 1111ill\ n I I ::" r---- iU \ I "v~lf-' ~=jr-rnlo:::1ltJ2 ~ Ilil!l~ '== III I II III I'...... ~{--7il _0 II I I I I III I \ I' Z a.. - - In I I P "> i I -1/- L6 ; II' \ III ,I OCOEE CROWN POINT PUD ~ - ....... , Il- , en I~ I I City of Ocoee Annexation Feasibility & Public Facilities Analysis Case Number & Name: AX-03-12-14/ Poer Property Date: 12-17-03 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. rl. PLANNING DEPARTMENT Jennifer Willman A. Applicant(s) City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761-2258 407-905-3100 B. Property location 1. General location South of the Ocoee Crown Point PUD and west of the West Orange Trail. Land-locked property approx. 2,000 feet west of the point where Fullers Cross Road goes under the Western Expressway. 2. Parcel Identification Number: 01-22-27 -0000-00-005 3. Street Address: None assigned 4. Size of Parcel(s): +/- 29.25 acres C. Use Characteristics 1. Existing Use: Vacant - grass and trees (abandoned citrus grove) 2. Proposed Use: Single-family subdivision and conservation areas 3. Density I Intensity: Up to 4 DU/acre (+/- 115 lots) 4. Projected Population: +/- 345 D. Zoning and land Use 1. Orange County Future land Use: Low Density Residential 2. Orange County Zoning: A-1 "Citrus Rural District" 3. Existing Ocoee Future land Use: Low Density Residential (per JPA Land Use Map) 4. Proposed Ocoee Zoning: Ocoee Crown Point PUD E. Consistency 1. Joint Planning Area: No - JPA Amendment will be processed. 2. Comprehensive Plan: No - CPA Amendment will be processed. I II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-4 Minutes 2. Distance to Property: 3 Miles - Fire Station #1 3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330' spacing) 1 City of Ocoee Annexation Feasibility & Public Facilities Analysis Case Number & Name: AX-03-12-14/ Poer Property Date: 12-17-03 111I. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone I Grid I Area: Zone 1/ 78A / Fullers Cross Area 2. Estimated Response Time: 2 minutes (average) 3. Distance to Property: 2.3 miles 4. Average Travel Time 2 minutes I IV. ECONOMIC VALUE Jennifer Willman 1. Property Appraiser Taxable Value: $ 5,525 2. Property Appraiser Just Value $ 5,525 .. 3. Estimated City Ad Valorem Taxes: N/A 4. Anticipated Licenses & Permits: Unknown at this time 5. Potential Impact Fees: N/A 6. Total Project Revenues: Unknown at this time IV. BUILDING DEPARTMENT Jennifer Willman 1. Within the 100-year Flood Plain: Majority of site lies within Flood Zone C (minimal flooding), and remainder lies within Flood Zone AE with 100 yr flood elevation of 69.0 feet NGVD. I VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: No 2. City Capable of Serving Area: No, area is in Orange County Utility Service area. County will provide water service. 3. Extension Needed: No 4. Location and Size of Orange County will have a water main running along Nearest Water Main: Ocoee-Apopka Road north of Fullers Cross Road to service Westyn Bay residential subdivision. The Ocoee Crown Point PUD will tie into this water main. B. Sanitary Sewer 1. In Ocoee Service Area: No 2. City Capable of Serving Area: No, area is in Orange County Utility Service area. County will provide sewer service. 3. Extension Needed: No 3. Location and Size of Orange County will have a force main running along Nearest Force Main: Ocoee-Apopka Road north of Fullers Cross Road to service Westyn Bay residential subdivision. The Crown Point PUD will tie into this force main. 5. Annexation Agreement Needed: No 2 City of Ocoee Annexation Feasibility & Public Facilities Analysis Case Number & Name: AX-03-12-14/ Poer Property Date: 12-17-03 C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No I VII. TRANSPORTATION Jennifer Willman 1. Paved Access: No 2. Row Dedication: No 3. Traffic Study: No " 4. Traffic Zone: 542 I VIII. PRELIMINARY CONCURRENCY EVALUATION Jennifer Willman A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. Ocoee- Apopka Road (both segments) the Level of Service (LOS) was liE" in 2002 for average daily trips. Future LOS with improvements - widening of Ocoee- Apopka Road from Silver Star (S.R. 438) to Fullers Cross Road will be "C", and from Fullers Cross Road to McCormick Road will be liB". B. Parks & Recreation: Recreational amenities will be internal to the property; other facilities in region. C. Water/Sewer: At the time of the analysis, Orange County has sufficient sewer and water capacity to provide water and sewer service. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on-site. E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: Actual impact fees will be calculated during the site plan approval process. I IX. SITE SPECIFIC ISSUES I All Departments None. Ix. CONSISTENCY WITH STATE REGULATIONS: I Jennifer Willman This is a voluntary annexation. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. 3 'l ~,'; I ~~i j' ',':' City Managel' Jim Gleason Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift October 20, 2003 Mark A. Cechman, AICP Director of Planning, Zoning & Development City of Winter Garden 270 W. Plant Street Winter Garden, FL 34787 .. .. RE: Amending Ocoee and Winter Garden JPA Boundaries M.+~ ./' Dear ~ecnman: At our meeting on August 5, 2003, we discussed amending our Joint Planning Area (JPA) boundaries to create a common jPA boundary for the west side of Ocoee and east side of Winter Garden. I believe the enclosed map locations and numbered notes listed below reflect the changes we agreed upon. 1. This area is the Poer Property. The City of Ocoee intends to add this parcel to the Ocoee Crown Point PUD located north and east of the Poer Property. The Poer Property is currently in unincorporated Orange County and inside the Winter Garden-Orange County JPA. This parcel would be placed within the Ocoee-Orange County JPA in order for Ocoee to annex the property and utilize Orange County utilities. 2. This area is within the Ocoee Utility Service Area (USA) outside both the Winter Garden and Ocoee jPA boundaries. The two parcels currently in Winter Garden jurisdiction (2a) would be moved to within the Ocoee JPA, and deannexed from Winter Garden City Limits when contiguous to Ocoee and when water is available from Ocoee, so that service can be switched: 3. This parcel is currently within the jurisdiction of Winter Garden and outside the Ocoee USA; the Ocoee jPA would be corrected to show that parcel within the Winter Garden JPA. 4. The common jPA boundary would be moved to run along the parcel lines on the west side of the Expressway. This would clarify for public safety purposes that the entire roadway would be under Ocoee jurisdiction. The two remnant parcels (4a) on the east side of the Expressway would be taken into the Ocoee jpA. The Expressway pond (4b) would be taken into the Winter Garden jpA. Any Expressway right-of-way currently identified as being in Ocoee or Winter Garden jurisdiction should be deannexed and/or revised on the tax maps by the Orange County Property Appraiser. City ofOcoe~ ISO N. Lakeshore Drive' Ocoee, Florida 34761 ,,"'""'" , (.1()7) <)0')-1 100' fax: (407) 905-3158 . www,ci.ococc,O.lIS Mark A. Cechman, AICP October 20, 2003 Page 2 of2 5. This area is right-of-way owned by the Expressway Authority, jurisdiction unknown. The common jPA Boundary would be modified to run in a straight line through the Expressway ramp system, and any Expressway right-of-way currently identified as being in Ocoee or Winter Garden should be deannexed and/or revised on the tax maps by the Orange County Property Appraiser. 6. This area is right-of-way owned by the Expressway Authority, jurisdiction unknown. The common jPA Boundary would be modified to run along the west side of the Expressway, moving everything west of the Expressway into the Winter Garden JPA. Ocoee's USA would be modified as necessary. " 7. This area is right-of-way owned by the Expressway Authority but in Ocoee jurisdiction.... The common jPA Boundary would be modified to run along the west side of the Expressway, moving this piece into the Winter Garden JPA. Ocoee's USA would be modified as necessary, and the remnant Ocoee piece on the west side will be deannexed and/or revised on the tax maps; - If Winter Garden is agreeable to these changes, Ocoee will submit this proposal to the County and unilaterally initiate an amendment to the Ocoee-Orange County JPA Boundary. According to the County, this procedure is acceptable to them, and Winter Garden could request the same change under a separate proposal when it is convenient for Winter Garden to do so. We understand that Winter Garden has on-going negotiations with Orange County regarding other areas of their JPA, so it may be beneficial to wait until all matters are resolved before formalizing these changes. ' I look forward to hearing from you, and can be contacted at 407-905-3157. Rus e I B. Wagner, AICP Community Development Director RBW/jlw Attachment: Map of Proposed Amendments to Winter Garden and Ocoee JPA Boundaries cc: Jim Gleason, Ocoee City Manager David Wheeler, Ocoee Public Works Director Paul Rosenthaul, Ocoee City Attorney Hollis Holden, Winter Garden City Manager Marshall Robertson, Winter Garden Assistant City Manager File - Joint Planning Area v O:\Letters\2003\LFP03072. doc CITY OF WINTER GARDEN DEPARTMENT OF PLANNING, ZONING & DEVELOPMENT 270 \'(/. PLANT STREET WINTER GARDEN, FL 34787 '1'I<:L: (407) 656-4111. FAX: (407) ()54-125H ..J ! ~: l: November 17,2003 HOV 1 9 200~ " Russ Wagner, AICP Community Development Director City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 l .. Dear Russ, We are in receipt of your letter regarding revisions to the Joint Planning Area (JPA) boundaries between Winter Garden and Ocoee. We have the following comments on your suggestions: 1. We concur with this amendment to the JPAs. 2. Winter Garden Staff believes that the final resolution from the August 20, 2003 meeting was that the north portion of #2, from the southern boundary of Banana Bay Baptist Church (the parcel currently in the City) north to where Fullers Cross Road goes under the Beltway, would become part of Winter Garden's JPA, and would eventually be served by Winter Garden utilities. 3. We concur with this amendment. 4. While we primarily concur, it should be noted that the southern portion of the area marked 4a is currently within Winter Garden's jurisdiction. This property would have to be deannexed from the City. 5. We concur with this amendment. 6. We concur with this amendment. 7. We concur with these proposals. Please let me know if the proposed changes are acceptable to the City of Ocoee. If so, we will support you in your negotiations with Ora~ge County to change your JPA. Please contact me at 407-656-4111, ext. 2275, if you have any questions or concerns about our recommended changes. Sina- Mark Cechman, AICP Director of Planning & Development cc: Hollis Holden, Winter Garden City Manager Marshall Robertson, Assistant to the City Manager, Winter Garden Charlie Tinch, Winter Garden Utilities Director Jim Gleason, Ocoee City Manager David Wheeler, Ocoee Public Works Director Paul Rosenthaul, Ocoee City Attorney "" ORDINANCE NO. 2004-01 TAX PARCEL ID # 01-22-27-0000-00-005 CASE NO. AX-03-12-14: POER PROPERTY 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 29.25 ACRES LOCATED APPROXIMATELY 2,000 FEET WEST OF THE POINT WHERE FULLERS CROSS ROAD GOES UNDER THE WESTERN EXPRESSWAY (STATE ROAD 429); PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE;" FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY 'MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 29.25 acres of property as more particularly described in Exhibit "A" hereto, into the corporate limits of the City ofOcoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said application bears the signature of the City Manager of the City of Ocoee, on behalf of the City of Ocoee, the sole owner 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 ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JP A 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 006.320514,2 Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the lP A 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 owner of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF TilE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signature of the duly authorized representative of the City of Ocoee, the sole owner 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 lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A 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. -2- 006,320514.2 SECTION 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 7. Liability. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. SECTION 8. Conf1ictin~ 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 rcason 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 h~reto. SECTION 10. Effective Date. This Ordinance shall take effect upon delivery to the City of an amendment to the JP A Agreement which adds the annexed property to the Joint Planning Area set forth in Exhibit "A" to the JP A Agreement, and which establishes a land use designation of low density residential for the annexed property, which JP A Amendment has been executed by both the City and Orange County (the "JP A Amendment"). Thereafter the City Clerk is hereby directed to attach a copy of the JP A 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. -3- 006.320514.2 PASSED AND ADOPTED this _ day of ,2004. ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS _ DAY OF , 2004. FOLEY & LARDNER By: City Attorney 006.320514,2 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor .. ADVERTISED , 2004. READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED , 2004, UNDER AGENDA ITEM NO. -4- EXHIBIT" A" Legal Description Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South, Range 27 East, run thence North 904.86 feet, thence East 1,683 feet, then South 904.86 feet, then West 1 ,683 feet to Point of Beginning. LESS: Begin at point 957 feet West and 904.86 feet North of the Southeast Comer of Section 1, Township 22 South, Range 27 East, run thence West 1,200 feet, thence South 16 feet, thence Northeasterly 1201.9 feet to a point due South of the Point of Beginning, then North .82 feet.,to the Point of Beginning. -5- 006.320514.2 EXHIBIT "B" Poer Property Location Map r'''-''''''-- i i ! L------l I ....-: r- I i II \ f-...., \ i r \1 ' \' LAKE APOPKA Poer I.... Property J......-I(~I I J[~'--' , I // : ~f~k, ~ I~'~ "'~,..~ l //1 I , Ij::~_;r ! .. J ... (! }, =1- ~ / i rTTT1i IJI __,-I : I j ; "...." ..! .. _ _~RS,CtiOS QJ I =-=~=:j-"-,) ~~'.""1]L.:JC~.7IiI=:B8I"""""g;lliLl.:=ZL LEGEND --1\ 1\ J--~\ ~J~%\ :!---~ (-'-,-1 LJ.-\\'~ , \ ---i't--i--ll \ \v-\ '\ \ _~=I--, .-::::t-=::lL,~l... + Scale: o 250 500 7501000 Feel -=-==:J PrInted: December 2003 C Subject Property Ocoee Community Development Department -6- 006.320514.2 ELEVENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JPA-03-008: POER PROPERTY; RICHARDSON PROPERTY) THIS ELEVENTH AMENDMENT TO .JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the _ day of , 2004, 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 July 15, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated , 200_, as amended by the Eighth Amendment thereto dated , 200_, as amended by the Ninth Amendment thereto dated , 200_, as amended by the Tenth Amendment thereto dated ,200_, 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 006.320528,3 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 "JP A 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 29.25 acres of land referred to as the "Poer Property" and 14.11 acres of land referred to as the "Richardson Property", all as more described in Exhibit "I" attached hereto and by this reference made a part thereof (the Poer Property and the Richardson Property hereinafter collectively referred to as the "Affected Parcels"); and WHEREAS, the Affected Parcels are not presently located within the Joint Planning Area; and WHEREAS, the Poer Property is presently subject to that certain Restated Interlocal Agreement for Joint Planning Area between Orange County and the City of Winter Garden with an Effective Date of June 19, 1997 ("Winter Garden JP A Agreement"); and -2- 006,320528.3 WHEREAS, the City is requesting that the City of Winter Garden consent to the removal of the Poer Property from the Winter Garden JP A Agreement so that it may be included within the Joint Planning Area; and WHEREAS, the Richardson Property was previously part of the Winter Garden JP A Agreement but was subsequently removed therefrom; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in ~ order (i) add the Affected Parcels to the Joint Planning Area; and (ii) amend the JP A Land Use Map to establish a land use designation of "Low Density Residential" for the Affected Parcels; 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 JP A Land Use Map as it relates to the Affected Parcels; and 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. -3- 006.320528.3 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. Amendment to Joint Planning Area Agreement. The Joint Planning Area as set forth in Exhibit "A" to the Joint Planning Area Agreement, as heretofore amended, is hereby further amended to add the Affected Parcels to the Joint Planning Area. All references in the Joint Planning Area Agreement to Exhibit "A" shall be deemed to refer to and include the land depicted on Exhibit "2" attached hereto. Section 5. Amendment to the Joint Planning Area Land Use Map. The JPA Land Use Map is hereby amended to establish a land use designation for the Affected Parcels (subject to inclusion of the Affected Parcels in the Joint Planning Area) as "Low Density Residential". 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 -4- 006,320528.3 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 6. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. 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: ,Counry Comptroller As Clerk of Board ofCounry Commissioners Depury Clerk -5- 006.320528,3 WITNESSED: CITY OF OCOEE, a Florida municipal corporation By: S. SCOTT VANDERGRIFT, Mayor Printed Name: Attest: JEAN GRAFTON, City Clerk Printed Name: (SEAL) .. FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2004. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2004 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney -6- 006,320528.3 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 JEAN GRAFTON, 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 _ iiay of , 2004. 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- 006,320528,3 EXHIBIT "1" LEGAL DESCRIPTION OF AFFECTED PARCELS PARCEL 1 (POER PROPERTY): A PARCEL OF LAND LOCATED IN THE SE 1f.t OF THE SW 1f.t OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA. BEING MORE DESCRIBED AS FOLLOWS: BEGIN AT THE QUARTER SECTION POST OF THE SOUTH BOUNDARY OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 22 EAST, RUN THEN NORTH 904\'86 FEET, THENCE EAST 1,683 FEET, THEN SOUTH 904.86 FEET, THEN WEST 1,683 FEET TO POINT OF BEGINNING. LESS: BEGIN AT POINT 957 FEET WEST AND 904.86 FEET NORTH OF SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN THENCE WEST 1,200 FEET, THENCE SOUTH 16 FEET, THENCE NORTHEASTERL Y 1,201.9 FEET TO A POINT DUE SOUTH OF THE POINT OF BEGINNING, THEN NORTH 0.82 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 29.25 ACRES OF LAND MORE OR LESS. PARCEL 2 (RICHARDSON PROPERTY): A PARCEL OF LAND LOCATED IN THE NE 1f.t OF THE NE 1f.t OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA. LESS: A TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE NE 1,4 OF THE NE 1,4 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN EAST ALONG THE SOUTH LINE OF THE NE 1,4 OF THE NE 1,4 624 FEET FOR A POINT OF BEGINNING, THEN RUN N 0 DEGREES, 2 MINUTES, 27 SECONDS EAST 1055 FEET, MORE OR LESS, TO THE CENTER OF THE CREEK, THENCE MEANDER SOUTHEAST ALONG THE CENTER OF THE CREEK APPROXIMATELY 925 FEET, MORE OF LESS, TO THE EAST CROWN POINT ROAD, THEN RUN IN A SOUTHWESTERLY DIRECTION ALONG THE WEST SIDE OF SAID ROAD 435 FEET, MORE OR LESS, TO A POINT ON THE SOUTH BOUNDARY LINE OF THE NE 1,4 OF THE NE 1,4 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, THEN RUN WESTERLY ALONG SAID 1,4 SECTION BOUNDARY LINE 412.2 FEET TO POINT OF BEGINNING. ALSO LESS: THE NE 1,4 OF THE NE 1/24 OF SECTION 12, TOWNSHIP 22 SOUTH, RANGE 27 EAST, LYING SOUTH AND EAST OF THE NORTHWESTERLY RIGHT OF WAY OF EAST CROWN POINT ROAD. SAID PARCEL CONTAINS 14.11 ACRES OF LAND MORE OR LESS. -8- 006.320528.3 Exhibit "2" I ,~- :F~-=r I =l L\ J~ Ll- L, I ~ t=1ilTI: - L- I jl~ -""lfJJ L ~-:Ff{ r~_ _ ~~=~ ~, L- MI r ~. I ~u=1__ U, ~{__, ~ = V) J" ,~!Il ~" [11[IIL,,':1~;; ~/R~. I ,'-~ 1 ,.~!V:/ Y 0_ II I~ --~~1 fc~- ~-'-:.j o1~1 1 _lX'xxx. / 1// \ 111_..~rtT - ,~ ~ I r 'IT - ~ ~ /~ 1\ - n j Affected ~~ ~ ..~ ~ ~ ~_ Parcels I -=c - I _~J ~ ~h~-J ~f:3~'~ ~~ ~ I~r~f-' iI, "'J: ~7, '--~fl' ~,;! "n / T- - I Il / Il J d.':_ H. _ - .d rfu ,;~. 'IT~-~ l LL_ U L ,\~ n I - 1~\ r-=t += J - --=- H L) ~II I h-2 .. h ~1L~~_- .,i1lJ5-Fc -DlJ -4 ~i~lh "l15~,utr~,' r"[ffi~~'V~rl' 0 Y,~~ ~., ILT veL} raJsID~~~ft'2'~l~=rd~ - '~Jrt(l~t>1I '~c:r~IV {~( I'~l' >'J ,,', ''Ii''"'~1J'.~1~1 Ie ~~r. ~- -1\-- ~ 11:--,~ II -~ ~ ~l~ 'r- --[~ (~ [!Z~ ~ ,.11. a' ~\F '-I ~ ", .-.~.- ._,.~~.--.)\~~~.~,"",. _' rn .1: ,,,~C:f:_IT-: 1- ~ ) , ~=Ir, ri III iL]' '.' I, Joint Planning Area ..- j ~ 1. _~ 11/ ,rtmrl_ h~ - .)~j _~!~~.J f~ ~ rr -:;_ In: r{;:l,!~lWJ-"I .tn1 L ~rl f--l " J -= :Iaf-n Y ~C'/I & - ~h^ / ~ I -9- 006,320528.3