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Home My WebLink AboutItem #12 - McCully Property Annexation and Rezoning Ordinances AGENDA ITEM COVER SHEET Meeting Date: April 17, 2007 Item # /& Reviewed By: ~ J D~partment Director: ~ t City Manager: _-------------==. , Contact Name: Contact Number: -m~ Michael Rumer 407-905-3100 x 1018 Subject: McCully Property Annexation and Rezoning Ordinances Project # AX-01-07 -04 I RZ-07 -01-04 Commission District 1 - Gary Hood Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 0.8 +/- acre parcel of land known as McCully Property? Background Summary: Parcel Identification Number: 08-22-28-0000-00-050 General Location: West side of Adair Street, 155' North of Vignetti Park. Charles McCully is requesting the annexation of a 0.8 :t acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-1" (Single-Family Dwelling) on a property located on the west side of Adair Street, 155' North of Vignetti Park. The applicant is proposing two single family homes after a short form subdivision plat is processed under a separate review. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land use Zoning Classification Existing Land Use North Low Densitv Residential A-1 "Citrus Rural" Single-Family Dwelling East Low Density Residential R-1 "Single-Family Dwelling" Adair Street / Single- Family Dwelling South Low Density Residential A-1 "Citrus Rural" Single-Family Dwelling West Low Density Residential A-1 "Citrus Rural" Single-Family Dwelling Property Size: Approximately 0.8 acres. Actual land use and unique features of the subiect property: The parcel is currently vacant; however, the proposed use is for two single family homes after a short form subdivision plat is processed under a separate review. No unique features exist on the property. CONSISTENCY WITH STATE & 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 subject property is considered contiguous to the City of Ocoee since the parcels on the east side of Adair Street are located within the Ocoee City limits. Joint PlanninQ Area AQreement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the properties to R-1 (Single-Family Dwelling). 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. RezoninQ: The applicant has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling). According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential". The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. 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 AQreement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, 'The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On February 28, 2007, 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 discussions, the DRC recommended approval of the annexation of the McCully Property as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Rezoning of the McCully Property was reviewed at a Public Hearing by the Planning and Zoning Commission on March 13, 2007. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/-.80 acres parcel of land known as the "McCully Property". STAFF RECOMMENDATION: Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.8 +/- acres of land known as the McCully Property, and also adopt the ordinance to rezone the property to "R-1" Single-Family Dwelling District" . Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Financial Impact: Increase tax base due to annexation. Type of Item: lL Public Hearing Ordinance First Reading .lL Ordinance Second Reading Resolution .lL Commission Approval Discussion & Direction For Clerk's Deot Use: Consent Agenda Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A McCully Annexation and Rezoning Location Map 4lfH IQ r I ~ -c:J Z J ---.L S r~1 A N L - ~F. <:( - '- tJ 5- ~~ ~ /r ~ ~ ~'CPLE 6 fH I I--- IT / //1 ~ ~ -v-- =\ ,1\ I~J~F~ EN 0/ r-1 -\ ~ ~~ 0:: f - N()I~-~~leRN DuRA~c9d> ~" \ t -;:;. \ J .......- r;r ffi S~DIRFNR ~ N I~ :1 ,[ ~ ( )\ V S ^ 'E E T c\. IV' - e - F ~T C C L ~I N S - y~ I I 9 Ocoee Community Development Department 1 inch equals 495.146676 feet 170 85 0 170 340 510 Feet Printed: month year C Subject Property ;:". -J Low Density Residential _ Medium Density Residential .. High Density Residential _ Professional Offices and Services _ Commercial J .. Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilities/Institutional McCully Property Annexation Current Future land Use HI RRIS I = I -\\ \ \\- 1 - L ARW \ \ ~ ~ '----'-----" ~ tJ l~z / ~ --I ~ S~. I Lt:f\1 / <( ~n Q ;; 8HHHffi'~ oLJItEj~~ ~\ 6 H h II -'" ~~ '- Crlt I I \ c--- ~ '--~ ~ r- ~~ ~ :ih I r// L I-- REC \)0 I I I I I nO~H I II )NdJ~ IIHERfN hi IIbA~!Gd u- ~ I I [[0 I~HI~ II 1 H WlJ Mt~a OW J ~~ 7~1-- ~; tdRTlr'n II :; 9'-1~ IJWlL REEl l' H 'v ~ Ie ! ~ I I '- I~ I '1 ~ 1 /c- H, I ~! I II , , ','llrlE"" lr IQ:= l--l ,IND[I ~(, -u; L~ Q Ocoee Community Development Department 1 inch equals 461.914250 feet 160 80 0 160 320 480 Feet Printed: month year C Subject Property ~ Unincorporated Territory t:.LLJ and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) o Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) / // Unclassified McCully Property Annexation Surrounding Zoning Map /1/ V / Y A'l/ / YI 1/ / / rz S1\TIN LEAff T / ~i~~ y~v~W/ ~ ~ / ~ / 7 r:;! 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'- ~ ~ I 1 I I I I ,~lfWt ~lJ)K HEIRN bllJfRANGO r- I I v/v;~!Cr v- ~ ~[ / ~ I \ ~ ~IE,AJD ~ / ~rP{1I pvv.....1- ~ ~ R-2 ~ ~ / ); DWlL l1Rt:l: / ffi /y ~/ A rolRT ~n IN) - - I) PI~w\{udc (:1 -- g3 r12T" ~~ Y - ill n ....I,.d InlLt~:"" L 1'-1 t..u ~ n:: 0 ~ v 11.Y ~ "'I..L ~ v'LL / / 171/ I-- lrt(IND I "f.= ra; I-- -::;; :::;; '-- ~\t :J{ 1/ Nt:l~ P: II'"" ^ hh~^ S ~'-- If ::3 I~ 1--1-- /"/ A II (/) I-- ~ IVIL.. ~ """ L 1--1-- CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-07-04/ RZ 07-01-04 ApPLICANT NAME: Charles McCully PROJECT NAME: MCCULLY PROPERTY ANNEXATION AND REZONING 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. II. PLANNING DEPARTMENT Michael Rumer I A. Applicant/Owner 11. Owner (if different from Applicant): 1 Same B. Property Location 1. General Location: West side of Adair Street, 155' North of Vignetti Park 2. Parcel Identification Numbers: 08-22-28-0000-00-050 3. Street Addresses: Unassigned on Adair Street 4. Size of Parcels: 0.8 acres C. Vacant Proposed plat for two single-family residences 2.5 Dwelling Units/Acre Unknown D. Low Density Residential Citrus Rural Low Density Residential R-1 E. Consistenc 1. Joint Plannin Area 2. Comprehensive Plan: Yes Yes I II. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 3-5 Minutes 2. Distance to Property: Distance from Station 2 (Clarke Rd & A.D. Mims) is 3.0 miles 3. Fire Flow Requirements: Fire flow is 750 gpm 1111. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 2 / Grid 71 2. Estimated Response Time: 4 minutes for emergencies. 3. Distance to Property: Approx. 2 Miles 4. Average Travel Time 10 minutes normal drive time. Page 1 of 3 Applicant Name: Charles McCully Project Name: McCully Property Annexation and Rezooing Case #: Ax-01-07 -04 I RZ-07 -01-04 I IV. ECONOMIC VALUE Michael Rumer 1. Property Appraiser Taxable Value: $32,000 2. Property Appraiser Just Value $32,000 3. Estimated City Ad Valorem Taxes: $574 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: $38,775.28 6. Total Project Revenues: Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Michael Rumer No I VI. UTILITIES David Wheeler, P.E. I A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Servina Area: Yes 3. Extension Needed: No 4. Location and Size of 1 A" Water Main on Adair Street. Nearest Water Main: B. Sanita Sewer 1. In Ocoee Service Area: 2. Cit Ca able of Servin Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation A reement Needed: Yes Yes Yes, Applicant will be required to extend. Man Hole and 8" gravity located at Nicole and Adair. No I C. Other 1. Utilitv Easement Needed: Unknown 2. Private Lift Station Needed: Unknown 3. Well Protection Area Needed: Yes I VII. TRANSPORT A TION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: Will be reviewed at time of subdivision. 3. Traffic Study: N/A 4. Traffic Analysis Zone: 563 Page 2 of 3 Applicant Name: Charles McCully Project Name: McCully Property Annexation and Rezoning Case #: Ax-01-07-04/ RZ-07-01-04 I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks I Recreation: At this time, adequate water/sewer capacity exists; however, this condition C. Water I Sewer: may change and will be subject to a concurrency evaluation during the site plan approval process. Any extensions will be the responsibility of the applicant. N/A D. Stormwater: At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan approval process. Actual impact fees will be calculated during the site plan approval process. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I When developed, the property will be developed under the same requirements as other non-city owned properties. Ix. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance For McCully Parcel) TAX PARCEL ID #s 08-22-28-0000-00-050 CASE NO. AX-01-07-04: McCully Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 0.8 ACRES LOCATED WEST OF AND ADJACENT TO ADAIR STREET AND APPROXIMATELY 155 FEET NORTH OF VIGNETTI PARK PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City ofOcoee, 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 ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee 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 lP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. 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 lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A 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. ORLA_437917.1 -2- Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon 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 ,2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2007 ADVERTISED AND READ FIRST TIME , 2007. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney OR LA_ 437917.1 -3- Exhibit "A" BEING PART OF THE NORTH % OF: COMMENCE FROM THE NE CORNER OF THE NW % OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTH 00026'12" EAST ALONG THE EAST LINE OF SAID NW % FOR 787.46 FEET; THENCE RUN N 89005'37'W FOR 25.01 FEET TO THE WEST LINE OF ADAIR ROAD AND THE P.O.B. FROM SAID P.O.B. CONTINUE N 89005'37"W FOR 570.13 FEET; RUN THENCE N 00036'12" W 277.93 FEET; THENCE N 89005'37"E FOR 570.13 FEET TO THE AFORESAID DESCRIBED WEST LINE OF ADAIR ROAD; THENCE SOo036'12"E 277.93 FEET TO THE P.O.B. ORANGE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (LESS THE FOLLOWING PORTION :) FOR A P.O.B. BEGIN AT SE CORNER OF AFORSAID DESCRIBED PROPERTY; THENCE RUN N 89005'37"W 570.13 FEET; THENCE N 00036'12"W 138.97 FEET; THENCE S 89005'37"E 275.06 FEET; THENCE SOo036'12"E 118.97 FEET; THENCE S 89005'37"E 295.07 FEET; THENCE SOo036'12"E 20 FEET TO THE P.O.B. SAID PARCEL CONTAINING 0.8 ACRES MORE OR LESS. EXHIBIT "B" McCully Annexation and Rezoning Location Map ~ \ I~ ICP R I Ii I- g W j H J 0- ill 0:: ~ <( ~ U SJ ., I LI :J ~F <.9 ~ ~ 4T z <r ........- I ~ ~ >A T N E l- e-- .. rH '-- 5 /I ~ N Ie: Ie L - t: - 6 TH II - I : I I I - I - - I'//J ~rv-- H ARRI~ I ~Y~' \ ~l~8NE ( 0 ~ H'V1 - \~ I 11 THI II ~ ~dJKIHER~ bllJmANGol r- ,..- 111H thE] ~ I~ ~ I t I1t~A C IW SW E ::-' :)- ~ ~ 12~ F 0 R T f' n I I I" J PlcWddo ;g - <= ,) - - III i1 LI - ~. ~[ )t '-- ~ ---------'" I I - - - e K= - IJI L ,) ~ INDII IG T - ~3i~ - J' 1 I~I:\ "II\~!: LH))' M '- :::3' /"----- - I ,_, __ ""\ ..L. -- ORDINANCE NO. (Rezoning Ordinance for McCully Parcel) TAX PARCEL ID #s 08-22-28-0000-00-050 CASE NO. RZ-07-01-04: McCully Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-l, "SINGLE FAMILY DWELLING," ON CERT AIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 0.8 ACRES LOCATED WEST OF AND ADJACENT TO ADAIR STREET AND APPROXIMA TEL Y 155 FEET NORTH OF VIGNETTI PARK PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 0.8 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee R-l, "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 Planning 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 #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 "JP A Agreement"); 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 ORLA_ 437975.1 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 , 2007 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 finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2007 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 0.8 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee R-l, "Single Family Dwelling." 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 2 ORLA_ 437975.1 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. PASSED AND ADOPTED this _ day of ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2007 READ FIRST TIME ,2007. READ SECOND TIME AND ADOPTED ,2007. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2007. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_ 437975.1 Exhibit "A" BEING PART OF THE NORTH % OF: COMMENCE FROM THE NE CORNER OF THE NW % OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTH 00026'12" EAST ALONG THE EAST LINE OF SAID NW % FOR 787.46 FEET; THENCE RUN N 89005'37'W FOR 25.01 FEET TO THE WEST LINE OF ADAIR ROAD AND THE P.O.B. FROM SAID P.O.B. CONTINUE N 89005'37"W FOR 570.13 FEET; RUN THENCE N 00036'12" W 277.93 FEET; THENCE N 89005'37"E FOR 570.13 FEET TO THE AFORESAID DESCRIBED WEST LINE OF ADAIR ROAD; THENCE SOo036'12"E 277.93 FEET TO THE P.O.B. ORANGE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (LESS THE FOLLOWING PORTION :) FOR A P.O.B. BEGIN AT SE CORNER OF AFORSAID DESCRIBED PROPERTY; THENCE RUN N 89005'37"W 570.13 FEET; THENCE N 00036'12"W 138.97 FEET; THENCE S 89005'37"E 275.06 FEET; THENCE SOo036'12"E 118.97 FEET; THENCE S 89005'37"E 295.07 FEET; THENCE SOo036'12"E 20 FEET TO THE P.O.B. SAID PARCEL CONTAINING 0.8 ACRES MORE OR LESS. EXHIBIT "B" McCully Annexation and Rezoning Location Map {3j \~ I- ~ UJ - IC t~R IA a.. jl"'< J ill c:: ~ I <( ~ 0 SAll L:AF 4T ~ --1 I ~ <r ~ I ~ 8flT N E ~ - 5+~ '--- JI ~~ NldCLE 6TH II I - I : - - HARRI~) .J.. - .. / /. ~IYI~ , ~~1J~r~~ I=1NE\ (' ~ JTIJH'Vl \~ ~ - I 11 T 1 fC ['JUK I HER~N n IPij\NGO I I "L CI[] (: )\IC ~V S'NEE" ')~ 11Tr b-llLJ / '- ~ ~ ORT~:1IIN8 ~U I 1?1 H -C- ~)= ; PlcWddD ! iCJ ~I ~ ~ I I ll~'l LE ~::H l:1' - W n C J= ~KIN -'~G ~ =: V 13 H,.~ ~l:"v ~IEA[[) N'el ~l -~ J"r- y-- 01--l-l1 Copy of Public Hearing Advertisement Date published l~lAysd~ \"l \ 15 ,1001 D (\ Ql'1J 0 5el\ti rtl [ CI C\S5ine d s) Advertisement CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR MCCULLY ANNEXATION AND REZONING ANNEXATION & INITIAL ZONING CASE, NUMBER: AX-Ol-07-04 & RZ-07-01-04 NOTICE IS HEREBY GIVEN, pursuant to Subsection 1-10 and 5-9 of the Citv of Ocoee Land Development Code, that on TUESDAY, APRIL 17, 2007 AT 7:15 P.M. or os soon thereafter os praefical, the CITY COMMISSION will hold o PUBLIC HEARING of the Citv of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the annexation and initial zoning for one parcel generallv located on the west side of Adair Street, 155 feet north of Vignetti Park. The Parcel Identification Number for this parcel is 08-22-28-0000-00-050. I If the applicant': r3qUest is approved, the annexation would j~coroo, ~te the propertv into the Citv of Ocoee and ChOlI~~ ~ht! initial zoning from Orange County II A-l: Agri. culture" to the Citv of Ocoee "R-l: Single-Familv Dwell. ingll. ~ MeCuUy Annexation and Rezon'ng \ t""'] '. LOCF~~;m__r~\~,\ .L-N ,tcl-ct _,m; i-r:, \ l J~ \ r/ /d +~:> . ,'''' \ l i \ \J_J ~::~~" \~.--\iOO_-.o-:-i.'I.---:-ll--\ <:C i :------:--! , 'i J 0\ ! r'O! ~: . , \. Eli ~..._._~.- Pursuant to s.ub~ectiQn 5.9 a. of thl::' Land Deveiopment Code, the Communitv Development Director has deter- mined that the requested annexation is within the ocoee-I p:tftn0rt~~~~t6c~~b~ci~~~i~~:n~~aJ V l' tb'n~nSs~ ~~n:~; I the Ocuee Comprehensive Plan. The complete case file, including a complete legal de- scription bv metes and bounds, mav be inspected at the Ocoee Communitv Development Department/Pianning Di- vision located at 150 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:00 p.m., Mondav through Fridav, except legai holidavs. The Citv Commission mav continue the public hearings to other dates and times, as it deems necessarv. Any inter- ested partv shall be advised of the dates, times, and plac- es of anv continuation of these or continued public hear- ings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised that anv person who desires to appeal anv decision made at the publiC hearings will need a re- cord of the proceedings and for this purpose mav need to ensure that a verbatim record of the proceedings is made o which includes the testimonv and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate ~Ie~~'~ g~ft~:~~ ~6~r;er~ ~cf';a~~eo~\ dthCeo';',i~~:int~~t C4~i- 905-3105. Beth Eikenberrv, Citv Clerk OLS2829B3-APR.5