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Home My WebLink AboutVI(A1) Second Reading of Ordinance; Maguire Road Pumping Station, Project #AR-04-02-15 Agenda 04-06-2004 Item VI Al a,b,c Center of Good Mayor < e Li Commissioners S. Scott Vandergrift Danny Howell, District 1 Scott Anderson, District 2 City Manager, Rusty Johnson,District 3 Jim Gleason — Nancy J. Parker, District 4 STAFF REPORT DATE: March 25, 2004 TO: Mayor& City Commissioners FROM: Terry L. James, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Maguire Road Pump Station 932 Maguire Road Annexation, Initial Zoning & Public Use/Essential Services Case#: AR-04-02-15 Ordinance#2004-06: Annexation Ordinance#2004-07: Rezoning ISSUE: Should the Mayor&City Commissioners adopt Annexation Ordinance#2004-06 and Rezoning Ordinance#2004-07, and approve the reclaimed water booster pumping facility as an essential" public use on the subject property? BACKGROUND: Parcel Identification Number: 31-22-28-0000-00-025 Property Size: 0.666 acres General Location: The address of the subject property is 932 Maguire Road,just%mile north of the intersection of Maguire and Moore-Roberson Roads on the west side of the roadway. Actual land use, proposed land use & unique features of the subiect property: The property has a vacant single story residence with a carport and two sheds at the rear portion of the property. The City of Ocoee as the property owner and the applicant wishes to build a reclaimed water booster pump station to enhance the use of reclaimed water for irrigation. In addition to the pump station, the rear portion of the site will be used for a reuse water storage tank to be constructed in the future. Both the booster pump facility and the storage tank use are defined as an "essential service(s)" under Subsection 5-7 A. of the Ocoee Land Development Code. There are no unique features of the property. City of Ocoee• 150 N Lakeshore Drive■Ocoee,Florida 34761 phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us • Maguire Road Pump Station AR-04-02-15 Page 2 of 4 The future land use& requested initial zoning classification of the subiect property: CURRENT PROPOSED Jurisdiction/Future Land Orange Cnty.JPA Land Use/ City of Ocoee/Professional Use Classification Professional Offices&Services Offices&Services Jurisdiction/Zoning Orange County/Citrus Rural City of Ocoee/Professional Classification Offices&Services(P-S) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Ocoee/Professional Offices&Services Ocoee/Professional Offices&Services East Ocoee/Commercial Ocoee/PUD-Commercial South Ocoee/Professional Offices Ocoee/Professional Offices&Services West Orange County/Professional Offices& Orange County/Citrus Rural Services The subject property is designated "Professional Offices & Services" on the Joint Planning Area (JPA) Land Use Map. The City of Ocoee, as the applicant, has requested an Ocoee initial zoning classification of "Professional Offices & Services". This initial zoning is consistent with the JPA Land Use Map designation and surrounding properties. 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...." Maguire Road Pump Station AR-04-02-15 Page 3 of 4 DISCUSSION: Annexation Feasibility& Public Facilities Analysis Report: Based upon the projected impacts of the proposed office use and size of the parcel, Staff determined that the City could adequately provide a range of urban services to the subject property. The subject property has a Land Use designation of "Professional Offices & Services" on the Ocoee Future Land Use Map and the Joint Planning Area Land Use Map; this land use is consistent with the adjacent properties that are also designated "Professional Offices & Services". The applicant has petitioned the City to give an initial zoning designation to the subject property of "Professional Offices & Services". This requested zoning designation "Professional Offices & Services" is compatible and consistent with the City's Future Land Use designation and is consistent with the zoning and development character of the surrounding properties situated along this arterial roadway. The City's proposed use of the construction of a reclaimed water booster pump facility and the water storage tank in the future will not impose significant adverse impacts on the surrounding area. The actual development plans are subject to the same criteria as other private development under the Ocoee Land Development Code. The buildings facing Maguire Road will be brick and are designed to be compatible with the adjoining office complex to the south. Summary: 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, initial zoning, and building design are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On February 25, 2004, the Development Review Committee (DRC) met to determine if the proposed annexation and public use was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended the annexation of the subject property with the proposed public use as a reclaimed water booster pump station. PLANNING &ZONING COMMISSION: At their March 9, 2004 meeting, the Planning & Zoning (P&Z) Commission reviewed the annexation, initial zoning, and the "essential services" use application for the subject property. The P&Z held three public hearings in reference to the application. David Wheeler, the City of Ocoee Public Works Director, represented the City as the applicant and Stephanie Chang of Professional Engineering Consultants, represented the City as the construction project manager. Mr. Rex Heinecke (810 Grovesmere Loop) asked for clarification from Mr. Wheeler & Ms. Chang on the design of the proposed pump station and the possible future water storage tank at the rear of the property. Maguire Road Pump Station AR-04-02-15 Page 4 of 4 The P& Z Commission also had further questions regarding the design, architecture, and landscaping for the proposed project. Mr. Wheeler responded by indicating that although the City is the applicant and the developer of this project it still must follow the Land Development Code just as required for any other private developer. It was pointed out that the design was intended to complement the office development adjoining the property to the south. The P&Z then recommended to the Mayor and City Commissioners the approval of the annexation, initial zoning and "essential use"according to the DRC and Staff recommendation. STAFF RECOMMENDATION: Based on the recommendation of the Development Review Committee and the Planning & Zoning Commission, Staff recommends the Mayor and City Commissioners adopt Annexation Ordinance # 2004-06 and Ordinance # 2004-07 establishing the initial zoning of P-S: "Professional Offices & Services", and the approval of the "essential use" for the booster pump station & reuse water storage tank under Subsection 5-7 of the Ocoee LDC. Attachments: Location Map Surrounding Future Land Uses (map) Surrounding Zoning Classifications (map) Annexation Feasibility& Public Facilities Analysis Report LDC Subsection 5-7: Public Buildings and Services Annexation Ordinance 2004-06 Rezoning Ordinance 2004-07 Plan Sheets for the Booster Pump Station O:\Staff Reports\2004\SR04018 CC.doc Ocoee Reclaimed Water Booster Pump Station Location Map r- 1 -3' J Q" o``� i)i.,. ...:.,.. GROVESMERE1::::.%).....dc EMF�CD SyO A cpc 73 rn I— >D Z IC)v ROBERSON MOORE II1 P. ar no Ocoee Reclaimed Water Booster Pump Station Surrounding Future Land Use Map 1\ 1e 0 cnterofGoon I I t I ,111111111. . c EE X911117 , .., _ I 1 Ocoee Community Development LQNb�IILs COMM Department ry 1 inch equals 500 feet ' =I, At* a I ..- 0 125 250 375 500 ; -= / IMO Feet Printed: 3/2004 i MEI HDR IN I DSubject Property ''— PS Unincorporated Territory ',,, 1111d __________A i iiIiniiiiiiik_ and Other Municipalties , Low Density Residential ROBERSON Medium Density Residential and !_I'_I ;_I i_ I E_ High Density Residential , si LASCA_/� • IIM Professional Offices and Services • -_ CommercialMI ._ 1 I , , • 0 c Ili Light Industrial 4[--1 41 •• MI Heavy Industrial --an •■Conservation/Floodplains ,` 1 i Recreation and Open Space p III �, ; I Ocoee Reclaimed Water Booster Pump Station Surrounding Zoning Map 0 ' 1111111111111 • • • _ t I 11°r1111 • Ocoee Community Development LONG I'S - S:: PUD-COMMDepartment 1 inch equals 500 feet �1 ,�, —� , 0 150 300 450 6000MIO eet =� i,_ 1 iL1 . �IHHI J Printed: 3/2004 �a 7i : ' . ' .__v• s PUD-HD D Subject Property '- • • mi w..■■ ■ ■ ■■■■■r Mom= � Unincorporated Territory �'.— in : - ' ' and Other Municipalties ,,, i--' Zoning Classification: - Av, • • . PS General Agricultural (A-1) —' �� vik \ MOORE( Suburban (A-2) Single-Family Dwelling (R-1AAA) Trssrsacuta■nn■■t■■ Single-Family Dwelling (R-1AA) \ II!11111P�Rir 1lnig I Single-Family Dwelling (R-1A) ,�� ....EN MEMOMIII EM MINIM MIMI, . ■■■■■■■■■.■■■■■■■■::: D Single-Family Dwelling (R-1) ♦�; r'•MINIM NM .I , �� c One- &Two-Family Dwelling (R-2) .!4 ��'7�� 4ill 11:17 �� m — Multiple-Family Dwelling (R-3) W.., , -'\ =Mobile Home Subdivision (RT-1) 'nip ,li =Professional Offices &Services (P-S) ®�� ,, 4 , Mil Neighborhood Shopping (C-1) VIC= PUD-LD MI Community Commercial (C-2) 44 ME =General Commercial (C-3) �� r a 0• :,••� - •• Restricted Manufacturing .• +iiiI,ll� jl� INF &Warehousing (1-1) � ' 1 100'_ -- -.1 t rti:� _i :: 1.1 General Industrial(1-2) 41 M �••• ' Commercial (PUD) ��r �L• ►�..iii �AN* Vag ANo�� O 1 l •• o\'-- Low Density (PUD) • imil■ta■ , O NE qtr_to� mmgm! ■i iliTia ,, �g� Medium Density(PUD) �_- ...am r_�ma Eggs ._.;. �OR� Ma High Density(PUD) �� : :aii �leititirir � ®'` r //�Unclassified 1=1.i:�,�.■- �� R-1AA isLakes and Water Bodies ,..,..,�...„ _..rS . - - 111111 III 1 r 1 ITl, , r . ■ ■ — CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-04-02-15 APPLICANT NAME: City of Ocoee PROJECT NAME: OCOEE RECLAIMED WATER BOOSTER PUMP STATION 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 I PLANNING DEPARTMENT Terry James,AICD A. Applicant/Owner 1. Owner(if different from Applicant): N/A B. Property Location 1. General Location: %4 mile north of Maguire & Moore-Roberson Rds. Intersection on the west side 2. Parcel Identification Number: 31-22-28-0000-00-025 3. Street Address: 932 Maguire Road 4. Size of Parcel: 0.666 acres C. Use Characteristics 1. Existing Use: Vacant residential home with carport & 2 sheds 2. Proposed Use: City of Ocoee reclaimed water booster pump station 3. Density/ Intensity: N/A 4. Projected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: JPA Land Use Map-Professional Offices & Services _ 2. Orange County Zoning: Citrus-Rural 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: Professional Offices & Services (P-S) E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes IL FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 1 minute 2. Distance to Property: _ '/$ mile 3. Fire Flow Requirements: Will meet fire flow requirements; the closest fire hydrant is approx. '/4 mile northeast of the property on the west side of Maguire Road. Ocoee Reclaimed Water Booster Pump • Station AX-04-02-15 Page 2 of 3 M. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid /Area: 32/115 2. Estimated Response Time: 1 minutes from the Police/Fire Station located in the in the northwest portion of the Plantation Grove Shopping Center. 3. Distance to Property: 1/4 mile 4. Average Travel Time 1 minute IV. ECONOMIC VALUE Terry James,AICP 1. Property Appraiser Taxable Value: $0 2. Property Appraiser Just Value $110,341 3. Estimated City Ad Valorem Taxes: None 4. Anticipated Licenses & Permits: None 5. Potential Impact Fees: None 6. Total Project Revenues: None V. BUILDING DEPARTMENT Terry James,AICP 1. Within the 100-year Flood Plain: No, not according to Figure 4: Landscape Associations and 100 Year Floodplains contained in the Future Land Use Element of the Comprehensive Plan. VI. UTILITIES David Wheeler, P.E. 1 A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes, across Maguire from the east side to the west side location. 4. Location and Size of 12 inch main on the east side of Maguire Road. Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes, across Maguire from the east side to the west side location. 4. Location and Size of 12-inch force main on the east side of Maguire Road. Nearest Force Main: 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: N/A 2. Private Lift Station Needed: N/A 3. Well Protection Area Needed: N/A Ocoee Reclaimed Water Booster Pump • Station AX-04-02-15 Page 3 of 3 V11.,TRANSPORTATION": . Terry"Jam ,AICP : 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No, the proposed use will not have significant adverse impacts on the roadways. 4. Traffic Zone: 631 VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James,AICP N/A A. Transportation: N/A, non-residential use. B. Parks/ Recreation: N/A C. Water/Sewer: The applicant will be required to handle stormwater retention on site. D. Stormwater: N/A E. Solid Waste: N/A F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments The site will be used as a reclaimed water booster pump station under Subsection 5-7A. of the Ocoee LDC; there will be no significant impacts to the infrastructure or the surrounding properties. The property will be developed under the same requirements as other non-city owned properties. I X. CONSISTENCY WITH STATE REGULATIONS: . Terry James,AICP Yes. O:\DEVELOPMENT REVIEW\Projects 2004\City of Ocoee Reclaimed Water Booster Pump Facility\ReclaimedWaterBoosterPumpSta AnnexationFeasibilityReport.doc ARTICLE V § 5-7. PUBLIC BUILDINGS AND SERVICES. A. Public Services. Essential services, herein defined as services authorized and regulated by state or national public utility commissions or services owned or franchised by the City of Ocoee, may be located within any zoning district after notice and public hearing by the Planning and Zoning Commission and approval by the City Commission. This provision includes both structures and uses and includes gas, water, electricity, sewerage and telephone facilities. For the purposes of this Section 5-7 public safety telecommunications service facilities shall be governed by Section 5-19 of the Land Development Code. B. Public Building. After public notice and hearing by the Planning and Zoning Commission, the City Commission may authorize the location in any zoning district of any public buildings erected by, or any use of, municipal, county, state or federal government. Both the Planning and Zoning Commission and City Commission public hearings must be advertised in a newspaper at least seven(7)days before each hearing. All property owners within 300 feet of the subject property must also be notified by mail at least seven (7)days prior to the hearing date. This notice may include information on both Planning and Zoning Commission and City Commission hearings if the item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the Planning and Zoning Commission meeting, a second notice to property owners must be mailed seven(7)days before the City Commission hearing detailing the meeting time, place, and other particulars. C. Easements. Transportation, pipelines and utility easements and rights-of-way shall be permitted in any zoning district. • § 5-8. USE REGULATIONS. A. Table 5-1 lists the principal uses which will be permitted on a parcel or lot in the zoning districts established in this Article. For use regulations applicable to the Planned Unit Development Districts,see Article IV. B. Prohibited Uses Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts: (1) Any use that involves the manufacture, handling,sale,distribution or storage of any highly combustible or explosive materials in violation of the City's fire prevention code. (2) Stockyards, slaughterhouses, rendering plants. (3) Use of a travel trailer as a temporary or permanent residence. 5-20-97 180.5.15 •A. 17_ _ - FRONT LVATION (EAaT) RI 1 N" 1 I I' a 111 �11 .--_ 1 � H 114 'n �� ' n I4 .1u=-- 3 ' i , . '1j 111 ' 4,4 N• _ ; IE i' 114 !Ili " III iii 9 ��p.E I 11iv 4 01 1.. 14! F I i .. III 3s� ti j.. t. 7 ti.rri u It tut gPill I; I Ij ; jII �' 3 1 1 3 r r 11 9 1 I 14411 ' 's eA "a it' ll G "I 8A • 1 ilk :{ Al 11 3 " ti Ri' ;OEM r { ., it 4 :0 e _ s I i .�.- {, I 4 0.^..'a�.e�.....-.__„.I.-l.C!- l - p iiiit �. a I I I 1 . I �`1 it 4 / J I' ger,vrur - ii i'i 11 r I -- , 50028'43- 10000' .- . - ---- ' 1 ,rtr.v r LACCOWmwr WPI `- ` 1 _ -sr sa err 1• 4 a. ' 11 lqw NIT*or Amass/ Ili 1 Pi:n(4,1749.w cr ism snack 1 114 MAGUIRE ROAD 1_$ Nei g� (eiw 11arN v Es) 14 E 1..E OF INE NE 1/4 OF SFC.31-22-26 0- 3160.00' 100.00' 2220.93'--- �._._ S00784J'E 2680.93' -- W LINE OF ME NW 1/4 OF SEGJ2-22-28 iltI A X1111 I• .ew.°�iai Ign.miff {D sr� 4 r w MOM w= N i PROPOSED SITE PLAN 1_ 14 1 = ,If • ORDINANCE NO.2004-06 TAX PARCEL ID#31-22-28-0000-00-025 CASE NO. AR-04-02-15: MAGUIRE ROAD PUMP STATION AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.666 ACRES LOCATED '/-MILE 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; 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 of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has 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 - 1 - 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. 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. Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent - 2 - jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven(7)days from the date of adoption. - 3 - PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED ,2004. THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2004. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF ,UNDER ,2004 AGENDA ITEM NO. FOLEY& LARDNER LLP By: City Attorney -4 - EXHIBIT "A" Legal Description THE NORTH 100 FEET OF THE SOUTH 460 FEET OF THE EAST 330 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, SUBJECT TO RIGHT-OF-WAY FOR ROAD OVER THE EAST 40 FEET THEREOF. SAID LANDS LYING ON ORANGE COUNTY, FLORIDA, CONTAINING 0.666 ACRES. -5- EXHIBIT "B" Map of Annexed Area Ocoee Reclaimed Water Booster Pump Station Location Map E RFj.,)1351410,90 I I �iffi�RSAu • M99RE—" r MIA 1011 1011 404 iikl*k 'mss - 6 - ORDINANCE NO. 2004-07 TAX PARCEL ID#31-22-28-0000-00-025 CASE NO.AR-04-02-15: MAGUIRE ROAD PUMP STATION AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO OCOEE P-S, "PROFESSIONAL OFFICES & SERVICES" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.666 ACRES LOCATED '/-MILE NORTH OF THE INTERSECTION OF MAGUIRE ROAD AND ROBERSON ROAD ON THE WESTERN SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 owner (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 .666 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 Ocoee P-S, "Professional Offices & Services"; 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 Rezoning application and determined that the Rezoning required 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, 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 March 9, 2004 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 - 1 - Applicants, and that the Ocoee City Commission find that the rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on April 6, 2004, 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, of the Property described in Exhibit "A" containing approximately .666 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Citrus Rural District," to Ocoee P-S, "Professional Offices & Services." 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. 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 - • PASSED AND ADOPTED this day of , 2004. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED ,2004 THE CITY OF OCOEE,FLORIDA. READ FIRST TIME ,2004. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY This day of , 2004. ,2004. Under Agenda Item No. FOLEY& LARDNER LLP By: City Attorney - 3 - EXHIBIT "A" Legal Description THE NORTH 100 FEET OF THE SOUTH 460 FEET OF THE EAST 330 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, SUBJECT TO RIGHT-OF-WAY FOR ROAD OVER THE EAST 40 FEET THEREOF. SAID LANDS LYING ON ORANGE COUNTY, FLORIDA, CONTAINING 0.666 ACRES. 4 EXHIBIT "B" Area of Rezoning Ocoee Reclaimed Water Booster Pump Station Location Map 1 } r- "Y I 4" OR VEGME RE 610/44081/4 I 1 � • _fingERANI MeItREJ r I 11 ilk CI 104 tow _;- - 5 -