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Home My WebLink AboutVII (A1) First Reading of Ordinance No. 2003-02, Crown Point Annexation Agenda 12-17-2002 e Center of Good Lf`_ Item VII A I Mayor .tb 41g Commissioners S. Scott Vandergrift ._ Danny Howell, District 1 tScott Anderson, District 2 City Manager ti �� Rusty Johnson, District 3 Jim Gleason �� Nancy J. Parker, District 4 STAFF REPORT DATE: December 4, 2002 TO: Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Planctera THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Proposed Annexation of Approximately 14 acres, located approximately 650 west of the intersection of Ocoee-Apopka Road and the Western Beltway. Case#A-02-09-07 Ordinance #2003-02 ISSUE: Should the City of Ocoee annex the above referenced property by adopting Ordinance 2003-02? BACKGROUND: The subject property is located approximately 650 feet west of the intersection of Ocoee-Apopka Road and the Western Beltway (S.R. 429). The 14 acre parcel is vacant, formerly used as a citrus grove. The West Orange Trail (50 feet wide) traverses the subject property in a northeast- southwest alignment. The proposed annexation would become part of the proposed Crown Point PUD mixed use development which encompasses approximately 368 acres of the former Coca Cola property. Included in the proposed development are an elementary school, high school, single family homes, various commercial and business developments, and a school bus parking facility. The subject property proposed for annexation is earmarked for development as part of the high school sports facility complex along with the West Road Extension following the west and south boundaries of the subject property. The portion of the subject property on the east side of the West Orange Trail is designated "Public Facilities/Institutional" while the portion on the west side of the Trail is designated "Low Density Residential" on the Joint Planning Area Map. The City intends to rezone the property from Orange County A-2 "Farmland Rural District" to City of Ocoee zoning classification PUD "Planned Unit Development District". The requested zoning would be consistent with the above referenced land use designations. City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761 phone:(407)905-3100•fax: (407)656-8504•www.ci.ocoee.t1us ORDINANCE NO. 2003-02 CASE NO. AR-02-09-07: (Parcel1.D. : 01-22-27-0000-00-003, 01-22-27-0000-00-011) CROWN POINT 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 14 ACRES LOCATED APPROXIMATELY 650 FEET WEST OF THE INTERSECTION OF THE BELWAY (STATE ROAD 429) AND FULLERS CROSS ROAD INTERSECTION; PURSUANT TO THE APPLICATION SUBMITTED BY 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, the City of Ocoee, owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has declared its intention 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 application bears the signature of the City Manager, concerning 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 proposal; 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(s) 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 the duly authorized representatives of the City of Ocoee pertaining to 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, AND EXHIBIT "B" SKETCH OF DESCRIPTION SECTION 4. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "C" 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 , 2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED: DECEMBER 19, 2002 AND DECEMBER 26, 2002 READ FIRST TIME: DECEMBER 17, 2002 READ SECOND TIME: JANUARY 7, 2003 AND ADOPTED JANUARY 7, 2003 IN REGULAR MEETING 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