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Home My WebLink AboutVI (A 1 a&b) Second Readings of Ordinance: Kent Property - AR-02-07-01; Ordinance No. 2003-11, Annexation & Ordinance No. 2003-12, Initial Zoning Agenda 3-18-2003 ,She Center of Good Lw Item VI A 1 a&b Ma2o1 -iWW!+�?�. , Commissioners S. Scott Vandergrift " `�.� Danny Howell, District 1 a /P - Scott Anderson, District 2 City Manager q ' " '�®`�''' vi _ Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager THROUGH: Russ Wagner, AICP, Director of Planning DATE: February 27, 2003 SUBJECT: Annexation & Initial Zoning Petition for Kent Property Case Number AR-02-07-01 Annexation: Ordinance #2003-11 Initial Zoning: Ordinance # 2003-12 ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2003-11, approving the proposed annexation, and Ordinance # 2003-12 providing for an initial zoning of C-2 "Community Commercial District" for the above referenced property? BACKGROUND: The subject property is located approximately 400 feet east of the intersection of Blackwood Avenue and State Road 50 on the north side of State Road 50. The two parcels (26 and 27) together comprise 9.116 acres that are vacant and wooded. The Kent property includes 2 of 11 parcels that form a county enclave surrounded by the City. It may be noted that the West Orange Professional Center property, adjacent to the east side of the Kent property, has also applied for annexation. The subject property is designated "Commercial" on the Joint Planning Area Map. The Applicant has requested an Ocoee zoning classification of C-2 "Community Commercial District". The requested zoning would be consistent with the above referenced land use designation. The Applicant desires to develop the property for commercial uses. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: 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 is part of a county enclave surrounded by the City. Since the property is February 27,2003 Honorable Mayor and City Commissioners Page 2 contiguous to the city limits, the property is being considered for annexation as outlined in the JPA Agreement. Thus, the requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. Orange County has been notified of this petition and we have received no comments at the time of the writing of this report. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of the proposed commercial use. Staff has determined that the City can adequately provide a range of urban services to the subject property. Should the property owners choose to develop the property in the future, they may be required to make certain improvements. The Applicant has signed the "Annexation & Initial Zoning Hold Harmless Agreement" before the property is formally annexed into the City. The 2002 assessed value of the subject property is $836,000. The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore it has declared that it is the policy of the state to eliminate enclaves. The Ocoee-Orange County Joint Planning Area Agreement recognizes that there are numerous parcels within the JPA (Joint Planning Area) that are enclaves, which are ideally suited for future annexation by the City. According to the Agreement, the County agrees that it will not oppose the annexation by the City of any such lands located within the JPA. The subject property is within the JPA. Accordingly, Staff considers annexation of this property feasible and advisable based upon the above considerations. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on February 18, 2003 to review the request for annexation and initial zoning for the Kent property. There was discussion about the Kent Property annexation and how it is related to the development of the adjacent Ocoee Commons PUD. Most of the discussion centered on the Annexation Agreement, which includes sections addressing a cross-access easement, buffering, and a utility easement. It was agreed that the utility easement along the east property line would be dropped from the Agreement. Another focus of discussion with the Applicant involved limiting the types of commercial uses allowed. It was pointed out that the Conditions of Approval for the adjacent Ocoee Commons PUD property will prohibit automobile sales (new or used), automobile repair or service stations, pawn shops, and convenience stores with gas sales (COA # 42). In order to promote consistency, it was recommended that those same uses should not be allowed on the Kent Property either. It was agreed that this limitation on uses would be incorporated into the Annexation Agreement. The DRC voted unanimously to recommend approval subject to the recommended changes being made to the Annexation Agreement. February 27,2003 Honorable Mayor and City Commissioners Page 3 PLANNING AND ZONING COMMISSION RECOMMENDATION: On February 26, 2003 the Planning and Zoning Commission held a public hearing to consider the proposed annexation and initial C-2 zoning for the Kent Property. The annexation and zoning issues were discussed and a few questions were answered. There was no public input from the audience regarding the proposed annexation or the proposed C-2 zoning. When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of both the proposed annexation and the proposed initial C-2 zoning for the Kent Property, per the Staff recommendation. STAFF RECOMMENDATION: Based on the recommendations of the Development Review Committee and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance # 2003-11, approving this proposed annexation for the Kent Property, and Ordinance # 2003-12 providing for an initial zoning of C-2 "Community Commercial District" for the Kent Property, subject to execution of the Annexation Agreement, including the changes recommended by the Development Review Committee. Attachments: Location Map Future Land Use Map of the Area Zoning Map of the Area Annexation Feasibility&Public Facilities Analysis Annexation: Ordinance#2003-11 Initial Zoning: Ordinance#2003-12 Kent Property Annexation Agreement O:\Staff Reports120031SR03026 CC.doc City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case #AR-02-07-01 Location Map by E ^,'= '�'. I�_ — — 'iNIf1llai — Ocoee Community Development l �^ : _~� s 1/1.111,111[111N -- Department [ -- �'"'� _ 11 111i�� r�1r f 1` = 1 ; f l 1 Lill [ Ott^^^ scale: I inch a 1000 feet 11 I..,rUIR El '.----�F- 0 450 500 750 1000 Feet IILIP; : fl4-_-- Pnrtted: February 2003 1 LEGEND -.I im � F7AINE$T Subject Property 1 t,-.1 City of Ocoee Subject c / � Properties ' � Unincoporated Territory \\ i i w and Other Municipalities \� — ' I A\'' Lakes and Water Bodies \ i / u 1r� b W COLONIAL DR __ '-'- o ik 3 II tie i I jr6Ij\•\‘' ! J ' _, �--� t_i711 E i = is Ill -'. =.,,`^ millil : mum _ .1„ (I11111 — . all.=` ■um .: f }� '' 11 � i � W _aIIII L11�1 i1 _— City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case #AR-02-07-01 JPA Future Land Use Map "Commercial" 7.-'-"-.-^-_ roy w �—O Asn n/= /nilunui/ur i „�■"' � , 9 r w ,1. E --',;" - , HDR S Ocoee Community Development , Department urrree■er;''p iZs` riii it■ igi Nb Scale: 1 inch r 500 feet �ii I/p/�t/i/ 11 0 250 500 750 feet Printed' February 2003 — -ei, S U 1 j ec p- LEGEND0 Propertiew' { aSubject Property i I ..7 Unincorporated Territory E.: =and Other Municipalities Rail Lines Future Land Use Classification: Low Density Residential Medium Density Residential ® High Density Residential p - Professional Offices and Services ▪ Commercial ?':'' j Light Industrial IIII Heavy Industrial I • .1 II - N M Conservation/Floodplains Recreation and Open Space = Public Facilities/Institutional Lakes and Water Bodies • 1 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-02-07-01 / Kent Property (Parcel 26 and 27) This(Danis used b evaluate annexation requests b determhe the feasbility d pwichg urban services b FxhkAtal properties. Each department has filed in the apprcprrafe section and befrr3 spare summarized below. I. PLANNING DEPARTMENT Thomas Grimms, AICP A. Applicant(s) Ulster/Fagan, Inc. 236 Pasadena Place Orlando, FL 32803 407-841-3266 B. Property Location 1. General Location Approximately 400' east of Blackwood Ave. and 1,900' west of Clarke Road on north side of State Road 50. 2. Parcel Identification Number: 20-22-28-0000-00-026 20-22-28-0000-00-027 3. Street Address: 10175 and 102135 West Colonial Drive 4. Size of Parcel(s): 9.116 acres C. Use Characteristics 1. Existing Use: Vacant (partially wooded) 2. Proposed Use: Commercial (retail and office) 3. Density/Intensity: Floor area ratio—3.0 4. Projected Population: Unknown D. Zoning and Land Use 1. Orange County Future Land Use: Commercial (per JPA Future Land Use Map) 2. Orange County Zoning: A-1 "Citrus Rural District' 3. Existing Ocoee Future Land Use: Commercial (per JPA Future Land Use Map) 4. Proposed Ocoee Zoning: C-2"Community Commercial District' E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes 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 and Feasibility Analysis Case Number & Name: AR-02-07-01 / Kent Property (Parcel 26 and 27) III. POLICE DEPARTMENT Acting Chief Steve Goclon 1. Police Patrol Zone/Grid/Area: South /33 (Health Central)/32 2. Estimated Response Time: 8.4 minutes (average) 3. Distance to Property: 3.5 miles 4. Average Travel Time 4.6 minutes IV. ECONOMIC VALUE Thomas Grimms, AICP 1. Property Appraiser Taxable Value: $ 1,760 2. Property Appraiser Just Value $ 418,000 (Parcel 26) $418,000 (Parcel 27) 3. Estimated City Ad Valorem Taxes: Unknown at this time 4. Anticipated Licenses & Permits: To be determined at site plan approval. 5. Potential Impact Fees: To be determined at site plan approval. 6. Total Project Revenues: Unknown at this time V. BUILDING DEPARTMENT Julian Harper 1. Within the 100-year Flood Plain: No VI. UTILITIES Jim Shira, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: No 3. Location and Size of On the north side of State Road 50 Nearest Water Main: 12" water main B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: No 3. Location and Size of 12"force main along State Road 50 Nearest Force Main: 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No 2 City of Ocoee Annexation and Feasibility Analysis Case Number& Name: AR-02-07-01 / Kent Property (Parcel 26 and 27) VII. TRANSPORTATION Dennis Foltz, AICP 1. Paved Access: Yes, from State Road 50 2. Row Dedication: No 3. Traffic Study: Yes 4. Traffic Zone: 220 VIII. PRELIMINARY CONCURRENCY EVALUATION Dennis Foltz, AICP 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. B. Parks & N/A Recreation: C. Water/Sewer: At the time of the analysis, sufficient sewer and water 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. 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: Please contact the Planning Dept. for an impact fee estimate. Actual impact fees will be calculated during the site plan approval process. IX. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms, AICP • This is a voluntary annexation. The property owner(s) have petitioned the City of Ocoee to annex the property. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. • The property is within a county enclave. The Legislature encourages the annexation of enclaves to avoid significant problems in planning, growth management, and service delivery, per 171.046 Florida Statutes. 3 City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case #AR-02-07-01 Zoning Map (County) A-1 "Citrus Rural District" to (City) C-2 "Community Commercial" N ,t Con . ♦. ` 1/4 R -, ' +E f0:—....t72. '� ��J /�J''./�I /1/' lam' j�/X+"y —� • Ocoee Community Development e • 4y,�'�` �'.ra- f ,4, stole: 1 ill Cn •500 feet ""�'a� O 250 500 750 Feet ��/,� '� ,/r�j,j /� J�� ,'/ f% /"" Printed. February 2003 � / i/IS u b jeet '1/4 /�', LEGEND ,% Propertiesle" /` Subject Property //// a .S /i" / UnincorporatedTerrtory /% i i �� ` /I and Other Municipalities ' j/ /��!/ ,/ T Rail Lines o �% / / //- Zoning Classification: fff "„ / „ /� / A-1, General Agriculture / /'/ / y ee �/ f A-2, Suburban /// ' / may , //, //, +� R-1AAA,Single Family Dwelling R-1AA,Single Family Dwelling � �/ ,/� R-1A,Single Family Dwelling A j ,, '� ' R-1,Single Famiy Dwelling W COLONIAL D RT-1, Mobile Home Subdivision District . R-2,One and Two FamilyDwellingr G/ , . �� / / ' �/'i //„ 5004 R-3,Multi Family Dwelling // ///j�/y/�f, j/� ,,, ///' P-S,Professional Offices and Services %/� /// f , 7 C-1,Neighborhood Shopping // ,r7�7// ,:' ' � _ P-S ';;,: C-2,Community Commercial / //14 � / `j� //J /�%�C-3,General Commercial - ' �! /�I-1, Restricted Manufacturing //./7,,,,/� ; � '/ &Warehousing y , /�I-2 General Industrial �i — -- Z PUD•Low Density Residential %/ ///�� // � /��' /// • — — ' .0—+.4 ��5 itad PUD-Medium Density Residential // „;/' r '/ // / 1* � rAl PUD-High Density Residential ` PUD-Commercial ,% / // / Lakes and Water Bodies /� ! Unclassified ;�j , /4 / 4 ORDINANCE NO. 2003-11 (Annexation Ordinance For Kent Property) TAX PARCEL ID#s 20-22-28-0000-00-026 20-22-28-0000-00-027 CASE NO.AR-02-07-01 KENT PROPERTY AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMATELY 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 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. WHEREAS, the owners of the property to be annexed have requested that the annexation of the property not become effective until such time as a copy of a recorded deed is delivered to the City evidencing the conveyance of the property to the property's contract purchaser; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. 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 1 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 and 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 the 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. _ z _ Section S. 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 the delivery to the City of a copy of a recorded deed evidencing the conveyance of the property to be annexed. Thereafter the City Clerk is hereby directed to attach a copy of said deed 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. In the event a deed of conveyance for the property to be annexed is not delivered to the City by ninety (90) days of the date this Ordinance is adopted then this Ordinance shall be null and void and of no further force and effect. - 3 - PASSED AND ADOPTED this day of 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE,FLORIDA READ FIRST TIME , 2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF ,UNDER , 2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney - 4 - EXHIBIT"A" Legal Description EAST 'h OF SOUTHWEST % OF SOUTHEAST % OF SOUTHEAST '/a, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST 'h OF SOUTHEAST '/n OF SOUTHEAST '/ OF SOUTHEAST '/a, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89°28'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST % OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE N00°26'0l"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89°23'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE N00°23'l0"E A DISTANCE OF 599.28 FEET; THENCE S89°09'40"E A DISTANCE OF 664.37 FEET; THENCE S00°26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. - 5 - EXHIBIT "B" City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case#AR-02-07-01 ; ILocation Map _ _ flllrh ar►+`L� Winn Ocoaa common,,,Dareiop—t .. ■ tw rt i s t Il(1- 111114 rival!+ _ .•��16111■pp�.� Department I — . • _�� •-��Tf scale: linen•r000 teat J+ J 11 .. -. �t111N� v ilk /1.' 0 230 300 730 r000 ref `' �~ ■— Pnratd. February 2000 7 ` - p..___ LEGEND I► � f -7---/ DSubject Property City of Ocoee Subject 2 `t I' j;j;j i I Unincoporated Territory _ . and Other Municipalities r _,.. Lakes and Water Bodies \ ,,-- NNE 11__I I iiii m - , c''! Or—T W COLONI_AL DR i\7\,.,i 1 it11 II. r " #"�11 ! 1.14.:1111:11416414"r741'''',:'\'' '\\I':' 0t.'I,�= uuuu�� .1i= ■uum a =gc IP" — 6 — ORDINANCE NO. 2003-12 (Rezoning Ordinance For Kent Property) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT", TO C-2, "COMMUNITY COMMERCIAL DISTRICT", ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.116 ACRES LOCATED APPROXIMATELY 331 FEET EAST OF THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 50 AND BLACKWOOD AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID REZONING 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; PROVIDING DIRECTION TO THE CITY CLERK; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission")to rezone said real property (the`Rezoning");and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 9.116 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1, "Citrus Rural District" to C-2, "Community Commercial";and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended(the "Ocoee Comprehensive Plan");and 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 _ 1 _ WHEREAS, said Rezoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on February 26, 2003 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be Rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement;and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS,this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166,041 (3)(a),Florida Statutes; and WHEREAS, the Owner has requested that this Ordinance not become effective until such time as the Owner has conveyed the Property to the Property's contract purchaser;and WHEREAS,the City has agreed to delay the effective date of this Ordinance as an accommodation to the owners and the contract purchaser. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 9.116 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Citrus Rural District", to C-2, "Community Commercial District". 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 area of Rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City Commission hereby finds that the rezoning of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. - 2 - SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon Ordinance No. 2003- (Annexation Ordinance for Kent Property) becoming effective according to its terms. - 3 - PASSED AND ADOPTED this day of 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S.Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER , 2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney - 4 - EXHIBIT "A" Legal Description EAST 'h OF SOUTHWEST ''/ OF SOUTHEAST ''% OF SOUTHEAST '/a, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE ROAD). WEST ''/ OF SOUTHEAST % OF SOUTHEAST '/a OF SOUTHEAST '/a, SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD RIGHT-OF-WAY ON SOUTH). MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N89°28'55"W, ALONG THE SOUTH LINE OF THE SOUTHEAST 'A OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE N00°26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89°23'37"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE N00°23'10"E A DISTANCE OF 599.28 FEET; THENCE S89°09'40"E A DISTANCE OF 664.37 FEET; THENCE S00°26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF BEGINNING. - 5 - EXHIBIT "B" City of Ocoee, Florida Kent Property Annexation and Initial Zoning Case#AR-02-07-01 Location Map W'40.E - _.-c. =--- :."(---,r— I] Oco..comm!k..nf .. tt111111I I1111 o.p,lem.n: 4 ,'Lam I I I IZTh // Soole. 1 inch•loop feet it I%I 1 I 1-�� ■ / o 230 Soo 750 loon reel 11 /0 pnnl.d• F.Drvary2003 I 1— Mil. LEGEND (' — J MIA lN E lS7 Subject Property {< City or Ocoee Subject j n (4s'll Properties ` i L I I Unincoporated Terntory i i I "` and Other Municipalities '—K •,� Lakes and Water Bodies 1 // + 01�® t l W COLON ... uiii__. _ els "mon lila \• 4r �1 midi! U = Imo, 1111o11 l2. 11 T1■�ITlhllrlll u7 1'#- - 6 -