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HomeMy WebLinkAboutVII(B2 a-b) First Reading of Ordinance Cemetery Adjoining Forest Ridge Annexation & Initial Zoning Agenda 11-04-2003 Center of Good Lt . Item VII B2 a&b Mayor ��eg Commissioners S. Scott Vandergrift " `' Danny Howell, District 1 a Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Jim Gleason ' Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Terry L. James, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Community Development Director / DATE: October 24, 2003 SUBJECT: Cemetery adjoining Forest Ridge Annexation and Initial Zoning Case#AR-03-01-01 Ordinance#2003-44—Annexation (First Reading) Ordinance#2003-45—Initial Zoning (First Reading) ISSUE: Should the Mayor and City Commissioners adopt Ordinance #2003-44 and Ordinance#2003- 45, approving the annexation and initial zoning of R-1-A "Single Family Dwelling" for the Cemetery adjoining Forest Ridge? BACKGROUND: Brief History: The Cemetery adjoining Forest Ridge has been identified by the Reconciliation Taskforce as an historic African-American cemetery. The cemetery, located in Orange County, is abandoned and not properly maintained. The ownership is listed as "unknown" in the Orange County records. At the January 21, 2003 City Commission meeting, the Mayor and City Commissioners voted unanimously to direct Staff to annex this property into the City of Ocoee as a first step in the preservation of this historic landmark. Parcel Identification Number. 08-22-28-0000-00-035 Property Size: 1.012 acres General Location: The subject property is located south of Basking Ridge Court (cul-de-sac), north of Burnt Tree Court (cul-de-sac) and west of Caballero Court (cul-de-sac). The property has no address. (See attached Location Map.) Actual land use. proposed land use, unique features, and plan consistency of the subiect property: An historic African-American cemetery occupies this parcel; this will remain after annexation and the initial zoning. There are no unique features on the property. The subject property is designated "Low Density Residential" on the Ocoee Future Land Use and Joint Planning Area (JPA) Land Use Maps. City of Ocoee • Planning Division • 150 N. Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3157 • fax: (407) 905-3158 • www.ci.ocoee.fl.us The Honorable Mayor and City Commissioners October 24, 2003 Page 2 of 3 The applicant has requested an Ocoee initial zoning classification of "Single Family Residential" (R-1-A). This initial zoning is consistent Ocoee Comprehensive Plan Future Land Use Map and with the JPA Land Use Map designations. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction/Future Orange County/ City of Ocoee/ Land Use Low Density Residential Low Density Residential Classification Jurisdiction/Zoning Orange County/ City of Ocoee/Single Classification Residential District (R-2) Family Residential (R-1-A) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND CURRENT ZONING USE North Ocoee/ Ocoee/ Low Density Residential Low Density PUD East Ocoee/ Ocoee/Single Family Low Density Residential Residential (R-1-A) South Ocoee/ Ocoee/Single Family Low Density Residential Residential (R-1) West Orange County/ Orange County/ Low Density Residential Residential District(R-2) CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Annexation: 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 is not an enclave and such annexation would not result in an enclave being created. Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. This annexation will not require a comprehensive plan amendment per Subsection 8-B of the JPA Agreement and is consistent with the JPA Agreement per Subsection 6-D. 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. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that 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 Honorable Mayor and City Commissioners October 24, 2003 Page 3 of 3 DISCUSSION: The subject property has a Land Use designation of "Low Density Residential" on the Joint Planning Area Land Use Map and the adjacent properties are also designated "Low Density Residential". The City, as the applicant, petitioned for an initial zoning designation to the subject property of "Single Family Residential" (R-1-A). This requested zoning designation "Single Family Residential" is compatible and consistent with the City's Future Land Use designation and is consistent with the development character of the surrounding properties situated along this arterial roadway. Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected minimal impacts of the cemetery use in this residential area and size of the parcel, Staff determined that the City could, if needed, adequately provide a range of urban services to the subject property. Assessed Valuation: The 2002 assessed valuation is$ 10,000. In conclusion, the proposed annexation is a logical extension of the City limits, urban services can be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use Classification and initial zoning is consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning is also consistent and compatible with the surrounding properties. DEVELOPMENT REVIEW COMMITTEE: On September 16, 2003, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussion, the DRC recommended the annexation of the Cemetery adjoining Forest Ridge to the Planning &Zoning Commission. PLANNING &ZONING COMMISSION RECOMMENDATION: At their October 14, 2003 meeting, the Planning & Zoning (P&Z) Commission reviewed the annexation and initial zoning application for the Cemetery adjoining Forest Ridge. There were no speakers for the public hearing. The P&Z then recommended to the Mayor and City Commissioners the approval of the annexation and initial zoning of the Cemetery adjoining Forest Ridge according to the DRC and Staff recommendation. STAFF RECOMMENDATION: Based on the DRC recommendation and the subsequent P&Z recommendation, Staff recommends that the Mayor and City Commissioners adopt Annexation Ordinance # 2003-44 and Rezoning Ordinance#2003-45 for the Cemetery adjoining Forest Ridge. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility&Public Facilities Analysis Ordinance#2003-44 Ordinance#2003-45 \\Police_firel\PLANNING\Staff Reports\2003\SR03105 CC.doc Cemetery adjoining Forest Ridge Location Map I ( I ! 1 H I C _I g ,.RI mgO'j J 17TH 1 I I l 1 4 Ab4 �1 1 I CAi 1 7 C��:�ilg•' T kir B. EE3 r 8 NI = — BELINI sal?! : - s. 111.111111 — S ft' 44 t ANDERSON $ t m 4 r x s BURNT TREE ; ` 1' 1 1 I 0E/ILE 1 f. 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DmCD0ciia) lCninin022fiz00O a 00 _i ID _`i OOr 111111 I It CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AR-03-01-01 APPLICANT NAME: CITY OF OCOEE PROJECT NAME: CEMETERY ADJOINING FOREST RIDGE 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. I.PLANNING DEPARTMENT Terry James,ACCP A. Applicant/Owner 1. Owner (if different from Applicant): According to the Orange County Property Appraiser records, the owner is unknown. B. Property Location 1. General Location: South of Basking Ridge Court (cul-de-sac), North of Burnt Tree Court (cul-de-sac) and Caballero Court (cul-de-sac) 2. Parcel Identification Number: 08-22-28-0000-00-035 3. Street Address: Unknown 4. Size of Parcel: 1.012 acres C. Use Characteristics 1. Existing Use: Cemetery 2. Proposed Use: Cemetery 3. Density/Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential (JPA Land Use Map) 2. Orange County Zoning: Residential District 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: Single Family Residential R-1-A E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 2-3 minutes 2. Distance to Property: 1.3 miles from Station 1 © 125 North Bluford 3. Fire Flow Requirements: 500 gpm III. POLICE DEPARTMENT Chief Steve Gocion 1. Police Patrol Zone/Grid/Area: Zone 112/Grid 89 2. Estimated Response Time: 2-3 minutes Page 1 of 3 Applicant Name:City of Ocoee Project Name:Cemetery adjoining Forest Ridge Case#:AX-03-01-01 3. Distance to Property: '/2 mile 4. Average Travel Time 2-3 minutes IV. ECONOMIC VALUE Terry James, AICP 1. Property Appraiser Taxable Value: $10,000 2. Property Appraiser Just Value $10,000 3. Estimated City Ad Valorem Taxes: n/a 4. Anticipated Licenses & Permits: n/a 5. Potential Impact Fees: n/a 6. Total Project Revenues: n/a V. BUILDING DEPARTMENT Terry James,AICP 1. Within the 100-year Flood Plain: No VI. UTILmES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: n/a 4. Location and Size of 10 inch water line CO southwest corner of the parcel Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: n/a 4. Location and Size of 10 inch gravity line @ the end of Caballero Court. Nearest Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No VII. TRANSPORTATION Terry James,AICP 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Zone: 565 Page 2 of 3 imk Applicant Name:City of Ocoee Project Name:Cemetery adjoining Forest Ridge Case#:AX-03-01-01 VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP n/a A. Transportation: n/a B. Parks/Recreation: n/a C. Water/Sewer: n/a D. Stormwater: n/a E. Solid Waste: n/a F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments This property is an historic African-American cemetery. X. CONSISTENCY WITH REGULATIONS/PROCEDURES/POLICIES: Terry James,AICP- Yes, consistent with the state requirements contained in Ch. 171.044, FS; consistent with Part D/Section 6 of the Joint Planning Area Agreement; and consistent with the Future Land Use Element Policy 2.5 on annexation. Page 3 of 3 n► ORDINANCE NO.2003-44 TAX PARCEL ID#08-22-28-0000-00-035 CASE NO.AR-03-01-01: CEMETERY ADJOINING FOREST RIDGE 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 1.012 ACRES LOCATED SOUTH OF THE FOREST RIDGE SUBDIVISION AT THE SOUTHERN END OF BASKING RIDGE COURT PURSUANT TO THE APPLICATION SUBMITTED FOR ANNEXATION OF THE PROPERTY; 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,the City of Ocoee has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 1.012 acres of real property located in unincorporated Orange County, Florida, as more particularly described in Exhibit"A" hereto, 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, as subsequently amended (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; 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. 006.310228.1 -1 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 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 3. 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 4. 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 5. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 6. 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 7. 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. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. 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. 006.310228.1 -2 APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2003. READ FIRST TIME ,2003. FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED THE CITY OF OCOEE,FLORIDA ,UNDER APPROVED AS TO FORM AND AGENDA ITEM NO. LEGALITY THIS DAY OF ,2003 FOLEY & LARDNER By: City Attorney 006.310228.1 -3- rm. EXHIBIT"A" Legal Description Begin at the Southeast corner of the Southwest '/4 of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East; thence run North, 210 feet; thence West, 210 feet; thence South, 210 feet; thence East, 210 feet to the Point of Beginning. More particularly described as follows: Begin at a 4" x 4" concrete monument at the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East, Orange County, Florida, also being the Northeast corner of the plat of "Burnt Tree" according to the plat thereof recorded in Plat Book 16 at page 19 of the Public Records of Orange County, Florida, also being the Southwest corner of the plat of"Twin Lakes 1St Addition" according to the plat thereof recorded in Plat Book 8 at pages 105 and 106, of said Public Records; thence run N 01° 46' 21"W, along the West line of said "Twin Lakes 1st Addition", a distance of 210.06 feet to a 4" x 4" concrete monument at the Southeasterly corner of"Forest Ridge At Ocoee" according to the plat thereof recorded in Plat Book 54 at pages 47 through 50 (inclusive) of said Public Records; thence, leaving said West line, run S 88° 34' 55" W along the South line of said "Forest Ridge at Ocoee", a distance of 210.00 feet; thence leaving said South line, run S 01° 46' 21" E, parallel with said West line, a distance of 209.99 feet to the North line of said"Burnt Tree"; thence run N 88 36' 04"E, along said North line, a distance of 210.00 feet to the Point of Beginning. 006.310228.1 -4- EXHIBIT "B" Cemetery adjoining Forest Ridge Location Map L__ I I 1 ) 1_1 W rm m •PRI c aill _ ___ lrI-1 , 1 Li/bilk I Irk: , § d iiiiiiiiit .PAR, M� , : i p. mid mo 1. 1 1 lime. ,,,V. AJDERSOPr • LAKE MOVE _ I I LRNT RF: I I I 11 I11 1 � 1 I I � I f l�b��� 1 I /— = -7 I I I Id" "JsEllyll - 1 — lit I0S' �dK 1 1 1 111 I � Elm — ,_c1AREES ' .�� - - 11 - LOOM FM - mom aim 1ti 411:Ez, ISE „sr �� ____ .. . :„„ e r ______ �- STARKE LAKE ,-, 006.310228.1 -5- ORDINANCE NO.2003-45 TAX PARCEL ID#08-22-28-0000-00-035 CASE NO.AR-03-01-01: CEMETERY ADJOINING FOREST RIDGE ZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 "RESIDENTIAL DISTRICT" TO OCOEE R-1-A "SINGLE-FAMILY DWELLING" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.012 ACRES LOCATED SOUTH OF THE FOREST RIDGE SUBDIVISION AT THE SOUTHERN END OF BASKING RIDGE COURT PURSUANT TO THE APPLICATION SUBMITTED FOR THE PROPERTY; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Ocoee (the "Applicant") has submitted an application to the City Commission of the City of Ocoee, Florida(the "Ocoee City Commission") to rezone certain real property located within the corporate limits of the City of Ocoee, Florida (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 1.012 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-2 "Residential District" to Ocoee R-1- A"Single-Family Dwelling"; 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 Community Development has reviewed said Rezoning 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 No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application 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 October 14, 2003, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan 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 006.310236.1 WHEREAS, on November 18, 2003, 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. 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 Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the described real property containing approximately 1.012 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-2 "Residential District"to Ocoee R-1 "Single-Family Dwelling." SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HERETO) A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit"B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 Rezoning enacted by this Ordinance and the Mayor and 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 and rescinded. 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 take effect immediately upon passage and adoption. 006.310236.1 2 PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: 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 006.310236.1 3 EXHIBIT "A" Legal Description Begin at the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East; thence run North, 210 feet; thence West, 210 feet; thence South, 210 feet; thence East, 210 feet to the Point of Beginning. More particularly described as follows: Begin at a 4" x 4" concrete monument at the Southeast corner of the Southwest 1/ of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East, Orange County, Florida, also being the Northeast corner of the plat of"Burnt Tree" according to the plat thereof recorded in Plat Book 16 at page 19 of the Public Records of Orange County, Florida, also being the Southwest corner of the plat of"Twin Lakes 1st Addition" according to the plat thereof recorded in Plat Book 8 at pages 105 and 106, of said Public Records; thence run N 01° 46' 21" W, along the West line of said "Twin Lakes 1St Addition", a distance of 210.06 feet to a 4" x 4" concrete monument at the Southeasterly corner of"Forest Ridge At Ocoee" according to the plat thereof recorded in Plat Book 54 at pages 47 through 50 (inclusive) of said Public Records; thence, leaving said West line, run S 88° 34' 55" W along the South line of said "Forest Ridge at Ocoee", a distance of 210.00 feet; thence leaving said South line, run S 01° 46' 21" E, parallel with said West line, a distance of 209.99 feet to the North line of said "Burnt Tree"; thence run N 88 36' 04"E, along said North line, a distance of 210.00 feet to the Point of Beginning 006.310236.1 4 i. EXHIBIT "B" Cemetery adjoining Forest Ridge Location Map 1TH ' 'I- 111*r C:01 41111Mi k _ la1101§11, 1 -1. ___ 10 \-.1.TT 5'RINC H IIIP III AVDERSOP LAKE MO YE bUPNT 1REE I I jrr Il NOLLE — , l , I ( � SE�ul�n1 _ f Ail Ol -- ■ / - 1 1 - 1 IIS 1 11MaI'� Cr18RLES .W MEM IMI MI —0- ; 11 — aiEMI 0 1 1111 -- . Ell ` J N■ _ [T) rigilligilartILE SI N■ 1ti lig" . SSRFE . ,_ _ ___. iri. 029 IIII 41"r II /= STARKELAKE •-•-_,,, 006.310236.1 5 ORDINANCE NO.2003-47 TAX PARCEL ID#31-22-28-0000-00-008 CASE NO. AR-03-02-03: EQUIMAX REALTY, L.L.C. REZONING AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "SINGLE FAMILY DWELLING" TO OCOEE P-S "PROFESSIONAL OFFICES AND SERVICES" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 0.67 ACRES LOCATED APPROXIMATELY 550 FEET NORTH OF THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 0.67 acres of property, as more particularly described in Exhibit "A", from Orange County R-1 "Single Family Dwelling", to Ocoee P-S "Professional Offices and Services"; and WHEREAS, the rezoning requested by the Applicant 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 WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended(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, on October 14, 2003, the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved; and 006.299647.1 lk WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. 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, for the following described real property containing approximately 0.67 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County R-1 "Single Family Dwelling", to Ocoee P-S "Professional Offices and Services": 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. 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 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon the passage and adoption. 006.299647.1 2 PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE ADVERTISED ,2003. CITY OF OCOEE,FLORIDA.APPROVED READ FIRST TIME ,2003. AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED This day of , 2003. ,2003,UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 006.299647.1 3 EXHIBIT"A" The North 100 feet of South 560 feet of East 330 feet of Southeast 1/4 of Northeast 1/4 of Section 31, Township 22 South, Range 28 East, Less the East 40 feet for road right of way, Orange County, Florida. 006.299647.1 4 EXHIBIT"B" Equimax Location Map Ili O J I— G•E=N-' N•��- . , f r • it n wA ' :i' D6 R:E .. 1) 411111111W In '6-- 4141ft in S— § 1/0 ilit cogs ,.!A s .- y m CAY SI Ma ;$," r"ilk MANGROVE BAY 4 Po'�AUG� pu` k C RA410 ESH RE sr .' p" Ne !N� �F�9 i .. — sommu , tt zi,cs, i mous' I ma 1 itipz f1 1- - i:=1 ____ tre ROBER$ON ` (2) - (L# 5 006.299647.1