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HomeMy WebLinkAboutVI (B) First Reading of Ordinance No. 2003-09, MultiFamily Development Standards, Amendment to the Land Development Code Agenda 2-18-2003 be enter of Good Lip, Item VI B Mayor `t @�. Commissioners S.Scott Vandergrift �`„ T .x Danny Howell, District 1 City Manager ��C(� Scott Anderson, District 2 �,J Rusty Johnson, District 3 Jim Gleason , "�'$°..� .. l � Nancy J. Parker, District 4 STAFF REPORT DATE: February 12, 2003 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager '1`-`--- THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Multi-Family Development Standards Amendment to the Land Development Code Ordinance #2003-09 ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2003-09, approving a proposed amendment to the Land Development Code establishing Multi-Family Development Standards? BACKGROUND: Even though the Land Development Code allows multi-family development in various zoning districts, the only place in the Code that currently provides design standards for such development is the PUD section. Also due to this factor, the Code does not have provisions for multi-family developments with fee simple land ownership such as townhouses with smaller lot sizes and zero side yard building setbacks. Therefore, even though this may be the only unique feature of a townhouse project, that of development would be forced to go through the cumbersome PUD process, simply because of the small lot sizes and the zero side yard building setbacks. This proposed Land Development Code amendment is intended to resolve these problems. DISCUSSION: The proposed Multi-Family Development Standards ordinance will adopt a new Section 6-15 in the Land Development Code. These standards would apply to all multi-family development in all zoning districts, including areas with PUD zoning. Even though PUD ordinances normally include some standards for multi-family development, these new standards would cover matters not specifically addressed in a given PUD ordinance. One of the key elements of these standards is that they allow the development of various types of attached residential units and smaller minimum lot sizes in an R-3 zoning district, which is currently not allowed by the Code. These kinds of developments now have to use PUD zoning to allow smaller lot sizes and zero side setbacks that are typical in townhouse type developments. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407)905-3100• fax: (407)656-8504 •wumci.ocoee.tl.us February 12, 2003 Honorable Mayor and City Commissioners Page 2 Another key element of these standards is that they require multi-family developments to use the commercial and industrial development regulations, to the extent not inconsistent with residential development. Those regulations will address issues related to the layout of parking areas and buildings, landscaping requirements and the general appearance of buildings within multi-family developments. None of these issues are addressed in the Land Development Code today for such developments, except within PUDs. These standards also clarify that hotels, motels and similar facilities are not considered to be multi-family dwelling units — those uses are subject to the commercial and industrial development standards. As indicated previously, the Land Development Code does currently include development standards for multi-family development within PUDs. Those PUD standards have been included within these new multi-family standards to be applied in all multi-family districts, with a few minor changes to clarify certain issues. Since these new standards will apply to all multi-family development in all zoning districts, and they incorporate commercial development standards, these new standards will promote consistent, high quality multi-family development throughout the City. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed amendment establishing Multi-Family Development Standards was reviewed by the Development Review Committee (DRC) on January 24, 2003. The intent of the ordinance was discussed and a few questions were answered. When the discussion was finished, the Committee voted unanimously to recommend approval of the proposed amendment to the Land Development Code establishing Multi-Family Development Standards. PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 11, 2003 the Planning and Zoning Commission held a public hearing to consider the Multi-Family Development Standards. The intent of the ordinance was discussed and a few questions were answered. There was discussion about the minimum living area (currently 650 square feet for apartments, most other types of units would be at least 1,200 square feet) —the idea was presented that it should be increased to 1,000 square feet minimum, even for apartments. There was also a proposal to increase the size of trees to be provided in front of each unit. A third point of discussion was short term rentals—is there anything that can be done to prohibit them by ordinance (most recently they have been addressed with conditions on subdivision plans). There was also a concern about using garages for storage so that they could not be used for parking. A member of the audience also spoke about the proposed ordinance — his points included ADA access to units and problems with short term rentals. When the discussion was finished, the Planning and Zoning Commission voted 3-2 to recommend approval of the proposed amendment to the Land Development Code establishing Multi-Family Development Standards, with the following changes: • The required minimum living area for all multi-family units should be increased from 650 square feet to something closer to 1,000 square feet [Section 5 on page 2 of attached Ordinance # 2003-09]. • The street trees provided in front of each attached multi-family unit should be a minimum size of 4 inch diameter at breast height (DBH) [Section 12 on page 4 of attached Ordinance # 2003-09]. February 12, 2003 Honorable Mayor and City Commissioners Page 3 Note: Even though there was concern and discussion about short term rentals, the motion did not include any language about how short term rentals should be treated. Note: The concern about using garages for storage was also not included in the motion. This issue has been addressed most recently in conditions on subdivision plans. A possible solution might be an ordinance requirement stating that when garages are counted to meet minimum parking requirements, they must always be available for parking and they cannot be set aside to be leased separately. If garages are to be leased separately, they cannot be counted to meet minimum parking requirements. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance # 2003- 09, approving this proposed amendment to the Land Development Code establishing Multi-Family Development standards, with consideration given to the changes recommended by the Planning and Zoning Commission. Attachments: Copy of Public Hearing Advertisement Copy of Proposed Ordinance N 2003-09 O:\Staff Reports'2003\SR03017 CC.doc ORDINANCE NO. 2003-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO MULTI-FAMILY DEVELOPMENT STANDARDS; AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY ADOPTING A NEW SECTION 6-15 OF ARTICLE VI THEREOF ESTABLISHING MULTI-FAMILY DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee 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. Section 6-15 of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: Section 6-15 Multi-Family Development Standards. (I) Multi-family dwelling units, including but not limited to apartment dwellings, triplexes, quadraplexes, townhomes, villas, patio homes and condominiums, shall be permitted in R-3 zoning districts. (2) The provisions of this Section shall be applicable to all multi-family dwelling unit developments (including such developments as may be located within a Planned Unit Development District) and are intended to be supplemental to other provisions of this Code applicable to multi-family dwelling unit developments; provided, however, that in the event of a conflict between the provisions of this Section and other provisions of this Code, the provisions of this Section are intended to control. Further, in the event of a conflict between the provisions of this Section and a planned unit development land use plan and/or the conditions of approval thereof, the provisions of this Section are intended to control as to matters not specifically addressed in such land use plan or conditions of approval; provided, however, to the extent that any such land use plan or conditions of approval impose more stringent provisions, it is intended that the more stringent provisions shall control. (3) Notwithstanding the provisions of Table 5-2 of Article V of this Code or any other provision of this Code to the contrary, zero-lot line attached triplexes, quadraplexes, 006.279966.2 townhomes, villas and patio homes intended for single family occupancy and for fee simple ownership may be developed in an R-3 zoning district and in such case the provisions of this Code establishing minimum lot sizes, minimum building setbacks and minimum side yards shall not be applicable thereto except as set forth in this section. (4) All zero-lot line developments intended for single family occupancy and for fee simple ownership shall be platted as a subdivision with individual platted lots for each dwelling unit and shall, unless otherwise set forth in this Section, comply with the requirements of this Code applicable to residential subdivisions. (5) All multi-family dwelling units shall have a minimum living area of 650 square feet per unit, except that zero lot line attached triplexes, quadraplexes, townhomes, villas and patio homes shall have a minimum living area of 1,200 square feet per unit. (6) All multi-family dwelling unit developments shall meet the open space requirements set forth in Section 6-9B(1) of this Code. (7) To the extent not inconsistent with residential development, the provisions of Section 6-14 of this Code regarding commercial and industrial development regulations shall apply to all multi-family dwelling unit developments, subject to the right of the developer of any such project to apply for waivers. (8) The following shall be applicable to all multi-family developments: (a) If private roads are provided and approved by the City, then the development shall meet the same standards applicable to private roads in single family residential subdivisions. (b) All internal drives and parking areas shall be designed with six inch raised concrete curbing to protect landscape areas. (c) A preliminary subdivision plan, final subdivision plan and plat shall be required if the development is being subdivided. (d) A preliminary site plan and final site plan shall be required if the development is not being subdivided. A preliminary site plan and final site plan may also be required for platted lots within a subdivision. (9) A traffic study may be required in order to address the transportation impacts of the development. (10) The provisions of Section 6-9B(2) of this Code shall be applicable to all multi-family developments. Recreational areas in the form of usable land shall be provided to serve a variety of needs for age groups included in the resident populations of all multi-family dwelling unit developments. Both active and passive recreation areas shall be provided. The following guidelines should be considered in designing these areas: 006.279966.2 2 (a) Active Recreation — Typical facilities would include playgrounds, athletic fields, various types of courts (tennis, basketball, racquetball), swimming pools, exercise trails and clubhouses. (b) Passive Recreation — Typical facilities would include picnic areas, benches, trails and water features. All recreational areas should be easily accessible by all residents of the development and include where appropriate sidewalk and bike paths, as well as parking areas for both automobiles and bicycles. Attention should be given to screening and buffering light and noise from adjacent residents. Except for apartment complexes and condominiums, all land shown on Plans as common open space or private recreational areas and facilities shall be shown as being owned and maintained by a property owners association and shall be subject to covenants and restrictions which will ensure the future maintenance of areas and facilities in a safe, healthful, and attractive living environment. (1 l) Setbacks from side and rear property lines and building separations shall relate proportionately to the design height of the structures. The following minimum standards shall be utilized to review developments; however, increased setbacks or separations may be required depending upon conditions and design considerations: (a) All one and two story multi-family structures shall provide a minimum 25 foot setback from all boundaries of the development. Structures in excess of two stories should increase the setback to reflect the additional structural height. (b) All multi-family structures shall have building setbacks from street rights-of-way shall at a minimum meet the following requirements: Local Street 25 feet Collector Street 35 feet Arterial Street 50 feet Expressway 75 feet (c) There shall be a minimum separation of 20 feet between all multi- family structures of two stories or less and a minimum separation of 30 feet between all multi-family structures three stories or more; provided, however, that where doors, windows, or other openings in the front or rear building wall of a living unit face a wall of another building with doors, windows or other openings, then there shall be a minimum separation of 30 feet between all multi-family structures of two stories or less and a minimum separation of 40 feet between all multi-family structures three stories or more. (d) Minimum 15 foot front yard setbacks in residential areas shall apply to parking areas and stormwater retention facilities. 006.279966.2 -3 w TXl1A5UAY, FEtlRVARY 6,1Uw NOTICE OF AN AMENDMENT TO THE OCOEE LAND DEVELOPMENT CODE The City Commission of the City of Ocoee proposes to adopt the following Ordinance: No. 2003-09 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO MULTI-FAMILY DEVELOPMENT STANDARDS; AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CODE OF ORDINANCES OF THE CITY- OF OCOEE, FLORIDA BY ADOPTING A NEW : SECTION 6-15 OF ARTICLE VI THEREOF ESTAB LISHING MULTI-FAMILY DEVELOPMENT- . STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The Ocoee City Commission will hold the first of two public hearings concerning the proposed Ordinance on Tuesday, February 18, 2003 at 7:15 p.m., or as soon thereafter as practical, and the second of two public hearings concerning the proposed Ordinance on Tuesday, March 4, 2003 at 7;15 p.m., or as soon thereafter as practical, at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida.The City Commission may continue the public hearings to the other dates and times, as they deem necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Ordinance may be inspected by the public at.the Ocoee Planning Department, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. Interested parties may appear at the public hearings and be heard with respect to the proposed Ordinance. This notice is given pursuant to Section -166.041 (3) (c), Florida Statutes. Any person wishing to appeal any decision made with respect to any matter considered at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons 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) 905-3105. Jean Grafton,City Clerk Thursday, February 6, 2003 City of Ocoee and Thursday, February 20,2003 Agenda 2-18-2001 Center of Good zip Item VII A Mayor �b 1dd, Commissioners S. Scott Vandergrift Danny Howell, District 1 D ��, Scott Joims n, District 3 City Manager y\ `(may '�J Rusty Joiwson, District 3 Jim Gleason ) r �rsl � � Nancy J. Parker,District 4 STAFF REPORT DATE: February 12, 2003 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager ( -- THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Ocoee Church of the Nazarene PUD Zoning/ Land Use Plan, Project# LS-99-015 Ordinance# 2003-010 ISSUE: Should the Mayor and City Commissioners adopt Ordinance #2003-010, approving PUD Zoning and the PUD Land Use Plan for the Ocoee Church of the Nazarene? BACKGROUND: The Ocoee Church of the Nazarene site includes about 4.7 acres and is located on the east side of Clarke Road, about half way between Silver Star Road and White Road. The subject property and all of the surrounding properties have a Low Density Residential future land use designation in the Comprehensive Plan. The surrounding properties to the south and east have R-1-A zoning. The southern edge of the subject property abuts one of the Clarke Road retention ponds and the eastern edge abuts the western boundary of the Whitehill subdivision. The adjacent property to the north is about the same size, but is not in the City and contains only a single home. The subject property is currently undeveloped and is covered with numerous trees. DISCUSSION: The proposed uses on the site will ultimately include a worship center, a family life center, religious education and child day care. As shown on the PUD Land Use Plan, the church anticipates building its facilities in three phases. Phase 1 of the development will include a 6,200 square foot education building, with a larger family life center and a sanctuary building to follow in later phases. The only access to the site will be from Clarke Road. As with other church sites, there will be a 6 foot fence with appropriate landscaping along the eastern boundary of the site adjacent to Whitehill subdivision. The church intends to preserve a significant number to the existing trees on the site. City of Ocoee • 150 N Lakeshore Drive•Ocoee, Florida 34761 phone: (407)905-3100•fax: (407)656-8504 •www.ci.ocoee.(1.us February 12, 2003 Honorable Mayor and City Commissioners Page 2 A Waiver Table presenting a single waiver from Code requirements is provided on Sheet PD- 005 of the Land Use Plan. The proposed waiver involves the required 50' building setback along the southern property line. The Applicant believes that a 25' building setback along the southern property line is justified because the entire southern boundary is adjacent to a retention pond rather than residential homes, and it allows more flexibility to provide landscaped open space in the interior of the site. This waiver request is supported by Staff. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed PUD Zoning and PUD Land Use Plan for the Ocoee Church of the Nazarene was reviewed by the Development Review Committee (DRC) on January 24, 2003. The only remaining issue was an informational comment from the City Attorney related to finalizing the Development Agreement, which will be addressed prior to the public hearing with the City Commission. The Committee voted unanimously to recommend approval of the proposed PUD Zoning and PUD Land Use Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 11, 2003 the Planning and Zoning Commission held a public hearing to consider the proposed PUD Zoning and PUD Land Use Plan for the Ocoee Church of the Nazarene. Staff and the Applicant presented the proposal and answered a few questions. There was concern about tree protection — since there are numerous trees on the site, they wanted to be sure that as many trees as possible are preserved. There was also a question about traffic impact and whether turn lanes would be needed. Staff explained that this is only a conceptual plan for purposes of zoning, a detailed site plan will be reviewed at a later date. Tree preservation and traffic impact will be evaluated and addressed at that time. There was consensus in support of the proposed waiver to allow a 25' building setback on the south property line. When the discussion was finished, the Committee voted unanimously to recommend approval of the proposed PUD Zoning and PUD Land Use Plan. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance # 2003- 010, approving PUD Zoning and the PUD Land Use Plan for the Ocoee Church of the Nazarene, including the proposed waiver, as date stamped received by the City on February 6, 2003. Attachments: Copy of Public Hearing Advertisement Ocoee Church of the Nazarene,PUD Land Use Plan,date stamped February 6,2003 Copy of Proposed Ordinance#2003-010 O:\Staff Reports\2003\SR03016 CC.doc THURSDAY, FEBRUARY A.2003 C➢A Of COEE NOTICE OF PUBLIC N[AMmc ON THE OCOEE CNUACM Of THE NAZARENE PLANNED UNIT DEVELOPMENTI ONO USE PLAN Is wars NOTICE IS HEREBY JEW pit" suonl c Sc s:n.IS e..O ^Lcr n Cod . MOE on LOS OC.o OCOEE hCIT Y COPAN''IISS9n v OcoPUBLIC HEARI O ol the ee CIyCommissior Crswtrs. ISO North Lakeshore Cnv.Over PVO ' Land .the Plan Mr the slappro.-barely er Sic Rood on�thel ere south ee GI Clarke Rood. ear`,�0 'Lard Icco Lone 2r mile recce] P.on, ai a:..ne dotholete ol clescrioldri Or metes °OcNoeedCPo mmun,°I;inspected the Ocoee ISO North Lakeshore Drive.Oeoee. Florida.> Places el are continuohon of These ltC be arthounced dblic heccses Ruth ore nol so further Ks'ses tenon- ins nesInteresle parriesmolte the putthc with respeel hearingheard the the U.offhand me Pion�Any P g to Use decisIondtradehdU The nulblleyhearings will nee og re- cord of the proceedings and for this desuoLe map need co ensure MET a verbatim record of the proceed inus Is mode which Includes the tess.ww . ',Alden', ,needrr osn d a me a cce_ l should contact aIhe CtY Ce Office 4Nh hours in°deance .sPera at 1071 Pusoms IEAn OR AFL ON.Cn°CLERK O$LLPS77.Zg FEBS.1WI/ ORDINANCE NO.2003-010 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 4.69 ACRES LOCATED ON THE EAST SIDE OF CLARKE ROAD SOUTH OF SILVER STAR ROAD AND NORTH OF WHITE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner (the "Owner") 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 zone said real property to Ocoee"PUD", Planned Unit Development District(the "Zoning"); and WHEREAS, pursuant to Section 5-9(8) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the"Ocoee City Code"), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended(the"Ocoee Comprehensive Plan"); and 006 285425. WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement") and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,Florida Statutes; and WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ("PZC"); and WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and detemilned that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: 006 285425. -7- SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,Florida Statutes. SECTION 2. Zoning. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 4.69 acres located within the corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee "PUD", Planned Unit Development District: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit"B" and by this reference is made a part hereof. SECTION 4. Land Use Plan. The following Land Use Plan for the Property is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain PUD Land Use Plan for Family Life Center, Sanctuary and Education Buildings Driveways, Parking and Related Facilities for Ocoee Church of the Nazarene prepared by Facilities and Environmental Consultants, Inc. dated February 6, 2003 and stamped received by the City of Ocoee February 6,2003. The above described Land Use Plan is attached hereto as Exhibit"C" and by this reference made a part hereof. SECTION 5. Official Zoning Map. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute 006285425. 3- 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 6. Ocoee Comprehensive Plan and JPA Consistency. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 8. 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 9. Effective Date. This Ordinance shall become effective upon passage and adoption. 006.285425. 4- PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton,City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2003 READ FIRST TIME , 2003 READ SECOND TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY & LARDNER By: City Attorney -5- 006 285425. EXHIBIT "A" THE SOUTH 1/2 OF THE NORTH 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE CITY OF OCOEE: A STRIP OF LAND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 22 SOUTH, RANGE 28 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 1/4 OF SAID SECTION 21, RUN NORTH 89°50'17" EAST, 1632.88 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00°11'19" WEST 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°43'09", AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79 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 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°20'59" AND 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°10'5I"EAST, 2619.82 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THE AFORESAID SOUTH 1/2; THENCE ALONG THE WEST LINE OF SAID SOUTH 1/2 CONTINUE NORTH 00°10'51" EAST 333.01 FEET TO THE NORTHWEST CORNER OF SAID SOUTH 1/2; THENCE ALONG THE NORTH LINE OF SAID SOUTH 1/2, RUN NORTH 89°41'22" EAST, 50.00 FEET; THENCE RUN SOUTH 00°10'S1" WEST 101.96 FEET; THENCE RUN SOUTH 89°49'09"EAST, 17.00 FEET; THENCE RUN SOUTH 00°10'51'1 WEST 20.00 FEET; THENCE RUN NORTH 89°49'09" WEST 17.00 FEET; THENCE RUN SOUTH 00°10'51" WEST, 211.06 FEET TO THE SOUTH LINE OF THE SAID SOUTH 1/2; THENCE ALONG SAID SOUTH LINE, RUN SOUTH 89°41'49" WEST 50.00 FEET TO THE POINT OF BEGINNING. 006.285425. 6 EXHIBIT "B" [Insert Map] OCOEE CHURCH OF THE NAZARENE LS-99-015 K SILVER STAR ROAD SITE z x 0 ill LAKE OLYM°IA \\�/ o I a 0 w I a U I . WHITE ROAD J LOCATION MAP N. T. S. EXHIBIT "C" [Insert Land Use Plan] -8-006.285425.