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HomeMy WebLinkAboutV(C2 a-b) Second Reading of Ordinance Cemetery Adjoining Forest Ridge Annexation & Initial Zoning Agenda 11-18-2003 Mayor ire Center of Good Li��g Commissionersm m V C 2 a&b S. Scott Vandergrift " _ Danny Howell, District 1 OEk Scott Anderson, District 2 City ManagerRusty` 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 ji t'St THROUGH: Russ Wagner, AICP, Community Development Director DATE: November 10, 2003 SUBJECT: Cemetery adjoining Forest Ridge Annexation and Initial Zoning Case#AR-03-01-01 Ordinance#2003-44—Annexation (Second Reading) Ordinance#2003-45— Initial Zoning (Second 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 November 10,2003—Cemetery Adjoining Forest Ridge 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 subiect 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 November 10,2003-Cemetery Adjoining Forest Ridge 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: Copy of Public Hearing Advertisement,November 6,2003 Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility&Public Facilities Analysis Ordinance#2003-44 Ordinance#2003-45 O:\Staff Reports\2003\SR03111 CC.doc Copy of Public Hearing Advertisement Orlando Sentinel Date Published November 6, 2003 Advertisement CITY of OCOEE Cemetery adjoining Forest Ridge NOTICE OF OUBUC NEARING LocationrjM�'app THE FON CEMETERY NNIEXIIa"aN FOREST _INITIAL ZONING .i I , ' j! I l•;I jun CASE NU11BEk AG-05.01-01 i �n�1� `� NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10 and 5-9 of the �' '''Air aar�TN . City ofOcoee Land Development Code,that on TUESDAY,NOVEMBER 10, M. I l— rummy 2003 at 7:15 p.m.or assoon thereafter as practical,the CITY OF OCOEE ,'01 CITY COMMISSION will hold aPUBLIC HEARING at the City of Ocoee — ,1 "'� ■_ f� 91 older a Commission Chambers,150 North LakeshstfB'initial Ocoee,Florida,to cal- r �/ con- sider a petition for annexation and a reyuestfor initial zoning for certain re- i I I 1 011iT y. al property.The subject property has noaddress;however,It is located { f I south of Basking Ridge Court(cul-de-soc),north oBurnt Tree Court(cul- j I�— i {__ I �— de-soc)and west of Caballero Court(cul-de•sac). TAX PARCEL ID a 0e-n.79.0000-0a0$ McA°0s �� 1 i CASE NO.AR-03-01-01 i 1-1( � 0110MIA1(CE NO.2003-44 i LAKE ewe ri i . CEMETERY ADJOINING FOREST RIDGE �1 i 1 �� r AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING IN- • I I I TOTHE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA, �, I CERTAIN REAL PROPERTYCONTAINING APPROXIMATELY 1.012 i i ACRES LOCATED SOUTH OF THE FOREST RIDGESUBDIVISION AT /[_ THE SOUTHERN END OF BASKING RIDGE COURT PURSUANT TO t I ! i /� THE APPLICATION SUBMITTED FOR ANNEXATION OF THE PROP- I ; i asuess nimpu►!!I I '.1 ERTY;FINDING SAIDANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEECITY CODE,AND THE i������� "4y� JOINT PLANNING AREA AGREMENT; PROVIDING FOR ANDAU- r�7 I] 1-I �1 THE UPDATING OF OFFICIAL CITY MAPS;PROVIDING — r t��� ` JO"- THORIZING DIRECTION TO THECITY CLERK;PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCESIPROVIDING FOR AN EF- , +.• i FECTIVE DATE. _ i OBUMANCE NO.201/3-45 1 / �" CEMETERY ADJOINING Forest Ridge Rezoning ' �Jjl AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA CHANGING THE I' -1,RI . ZONING CLASSIFICATION FROM ORANGE COUNTY R-2 RESIDEN- ' e 1 1 1 TIAL DISTRICT'TO OCOEER-1•A'SINGLE-FAMILY DWELLING'ON � s CERTAIN REAL PROPERTY CONTAININGAPPROXIMATELY 1.012 ACRES LOCATED SOUTH OF THE FOREST RIDGE SUBDIVISION AT THE SOUTHERN END OF BASKING RIDGE COURT PURSUANT TO It tM Annsxatbn is approved,the property would00 incorporated In10 the THE APPLICATIONSUBMITTED FOR THE PROPERTY; FINDING CityofOcoae•Iftnslnitl000f ngbapgIeFO twouldhel.0ishtMCMyof SUCH ZONING TO BE CONSISTENT WITH THEOCOEE COMPREHEN- Ocoee zoning elossNleatlal of R-1•A Single Family eq the 1.017 acro parcel SIVE PLAN;PROVIDING FOR AND AUTHORIZING THE REVISION OF as requested by the opplkad. THEOFFICIAL CITY ZONING MAP;REPEALING INCONSISTENT OR- DINANCES;PROVIDING FORSEVERABILITY;PROVIDING FOR AN PursuaMtoSubsectbn59B.M1MLondDewlopmentCath,fMCammuni- EFFECTIVE DATE. ty Development Director has determined that the requested zoning closslN- cation is consistent with the Ocoee Comprehensive Plan. The complete case file,Including the above ordinances and a complete legal description by metes and bounds,may be inspected at the Ocoee Communi- ty Development Department/Planning Division located at 150 North Lake- shore Drive,Ocoee,Florida between the hours of 0:00 a.m.and 5:00 p.m., Monday through Friday,except legal holidays. The City Commission may continue the public hearings to other dates and times,as it deems necessary.Any interested party shall be advised of the dotes,times,and places of any continuation of these or continued public hearings shall be announced during the hearing and no further notices re- galling these matters will be published. Interested parties may appear at the public hearing and be heard with res- pect to the proposed actions.You are advised that any person who desires to appeal any decIsIon mode at the public hearings will need a record of the proeeedInas and for this purpose may need to ensure that a verbatim recor- d of the proesidings Is made which Includes the testimonyqnd evidence up- on which the appeal Is based. Persons wIM disabilities needing assistance to participate inI any of these proceedings should codact the Clty Clerk's Office IB hours In advance of the meeting at 107-9053105. Jean Grafton,City Clerk Thursday,November 6,2003 Cemetery adjoining Forest Ridge Location Map 1111 !Italian rat biliPAIrnieliaraiibl .1111 ,, imicjiwiiiiimiq al 71 milk ipiiiiillyi 11.10.9P„ =MP: " IIII mu mik v" ' %PM M _____ RSO FIE la II iIIi_ __11117 LAKE MOXIE Will L. immearmanipl 1, ....................... 000 A - 411 ............... , _., „„ i � l 11211111111111111111 OPP' disti ! 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IJ��!omw•! W ____iINNION11111111 /w■w■.w■wiwil_01 r 1.1J Ce w U.U) oLL1 E FN..' d 59i ' N •-• m Q .-. 1 CNe U e' N V m O T r !"- r 1 L.L. 1 1 li ii 0 1 Y I(1 <7 Lim .. --- `.. , o co � m N oar Q v� � o� � 0 :� N Q la- U ^ N 0 -- o o rn Q ' - m E o > o io m y ami m c a Q= Q c m m CO m u. o Q -E .-- U a o ` N O C c CDc r y N LL LL Il. LL N '� U To N N m v O m m m m a� m a _ ro -c E o �, co m E ❑ ❑ m aP o If c cQ rnrnolrnd� ' :6 — . E c Vn c E i.5.- ..c 0 J ro 0 c=n en En Ui tc-n 0 2 2 a. z 0 (h cc ou 0 0 _I 2 z D To N 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. L PLANNING DEPARTMENT Terry James,AICP 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 Goclon 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: '/z 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. UTILITIES 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 @ 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 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 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. -1- 006.310228.1 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. -2- 006.310228.1 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- 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 1/4 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. -4- 006.310228.1 EXHIBIT "B" Cemetery adjoining Forest Ridge Location Map L_•_- 11 I I II , - m ' e o 1-1111 mini 1T"H 'LL3 /&) 11111NrEF rl ___, — 1111111W§ __„_.• — maippv‘i Lr rquvio- - .0. , ___, - Eh .7...„00 ,. 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STARKE LAKE r -5- 006.310228.1 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. 2 006.310236.1 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 3 006.310236.1 EXHIBIT "A" Legal Description Begin at the Southeast corner of the Southwest 1/4 of the Southwest 1/a 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 4 006.310236.1 EXHIBIT "B" Cemetery adjoining Forest Ridge Location Map F I I I -I -I I , " .( 1 7 - Ero- :a _ _ , i ' '_j A , giumkt. cdor 0 _ , 1 ri- c, BELLI ^'P RING B - --K.\::.: `L,TT 6111J171.. 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