HomeMy WebLinkAboutItem #10 - Rogers Property Annexation and Rezoning OrdinanceContact Name:
Contact Number:
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AGENDA ITEM COVER SHEET
Meeting Date: May 1, 2007
Item #
Michael Rumer _M/2
407-905-3100 x 1018
Subject: Rogers Property
Annexation and Rezoning Ordinances
Project # AX -01-07-03 / RZ-07-01-03
Commission District 3 — Rusty Johnson
Reviewed By:
Department DirE
City Manager:
Issue:
Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 37.12
+/- acre parcel of land known as Rogers Property?
Background Summary:
Parcel Identification Number: 07-22-28-0000-00-023
General Location: East side of Ocoee Apopka Road, 2,500 feet southeast of the intersection of Ocoee
Apopka Road and Fullers Cross Road. The City of Ocoee is requesting the annexation of a 37.12 ± acre
parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-1AK
(Single -Family Dwelling). The City of Ocoee is proposing to develop a recreational park on the subject
property.
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 Density Residential
R-1AA "Single -Family Dwelling"
Vacant
East
Low Density Residential
A-1 "Citrus Rural" / Low Density
PUD
Single -Family Dwelling
/ Vacant
South
Low Density Residential
A-1 "Citrus Rural"
Single -Family Dwelling
West
Low Density Residential
A-1 "Citrus Rural" I
Single -Family Dwelling
Property Size: Approximately 37.12 acres.
Actual land use and unique features of the subject property: The parcel currently contains a single-family
house with accessory buildings including a barn. A wetland feature is located on the northern end of the
property. The City intends to use the parcel as a recreational park.
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 parcel on the north
side (Chevron Property) is located within the Ocoee City limits.
Joint Planning Area Agreement: 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-1AA (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. Orange County issued a letter that cautioned against creating
enclaves. City staff disagrees that this annexation would create an enclave. See letter attached.
Rezoning: The applicant has requested a City of Ocoee zoning designation of R-1AA (Single -Family Dwelling).
According to the Land Development Code, the R-1AA zoning designation is intended for areas shown on the
Future Land Use Map as "Low Density Residential". The R-1AA 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 Agreement 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 March 27, 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 and rezoning of the Roger's Property parcel as presented.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The proposed Annexation and Rezoning of the Rogers
Planning and Zoning Commission on April 10, 2007. The
to recommend approval of the Annexation and Rezoning
"Rogers Property".
STAFF RECOMMENDATION:
Property was reviewed at a Public Hearing by the
Planning & Zoning Commission voted unanimously
of the +/- 37.12 acre parcel of land known as the
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 37.12 +/- acres of land known as
the Rogers Property, and also adopt the ordinance to rezone the property to "R-1AX Single -Family Dwelling
District".
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Annexation Feasibility Analysis Report
Annexation Ordinance
Rezoning Ordinance
Letter from Orange County
Financial Impact:
Increase tax base due to annexation.
Type of Item:
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
_ Resolution
Commission Approval
Discussion & Direction
For Clerks Dept 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
Roger's Property Annexation and Rezoning
Location Map
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CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX -01-07-03 / RZ-07-01-03
APPLICANT NAME: City of Ocoee
PROJECT NAME: ROGERS PROPERTY
This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc
individual properties. Each department has filled in the appropriate section and the findings arE
summarized below.
I. PLANNING DEPARTMENT Michael Rumer
A. Applicant/Owner
1. Owner (if different from Applicant): Citv of Ocoee
B. Property Location
1.
General Location:
East side of Ocoee Apopka Road, 2,500 feet
southeast of the intersection of Ocoee Apopka Road
and Fullers Cross Road.
2.
Parcel Identification Numbers:
07-22-28-0000-00-023
3.
Street Addresses:
951 Ocoee Apopka Road
4.
Size of Parcels:
37.12
C. Use Characteristics
1.
Existing Use:
Agricultural / Residential
2.
Proposed Use:
City Recreation Park
3.
Density / Intensity:
Unknown
4.
Projected Population:
Unknown
D. Zoning and Land Use
C.
1.
Orange CounV Future Land Use:
JPA Land Use Map -Low Density
2.
Orange County Zoning:
A-1 (Agricultural District)
3.
Existing Ocoee Future Land Use:
Low Density Residential/Conservation & Flood Plains
4.
Proposed Ocoee Zoning:
R-1AA (Single -Family Dwelling)
%,onsisienc
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
FIRE DEPARTMENT Chief Richard Firstner
1. Estimated Response Time: 2-4 minutes
2. Distance to Property: 1.8 miles from Station #1
3. Fire Flow Requirements: Fire Flows 750 gpm
Ill. POLICE DEPARTMENT
1. Police Patrol Zone / Grid / Area:
2. Estimated Response Time:
3. Distance to Propertv:
Zone 1 /Grid 118
2 Minutes
1.21 Miles
Chief Ron Reffett
Page 1 of 3
Applicant Name: City of Ocoee
Project Name: Rogers Property
Case #: RZ-07-01-03 / AX -01-07-03
4. Average Travel Time 5 Minutes
IV. ECONOMIC VALUE Michael Rumer
1. Prooertv Aonraiser Taxable Value- -;1 Ars 9M
2.
Property Appraiser Just Value
$1,465,900
3.
Estimated City Ad Valorem Taxes:
Unknown
4.
Anticipated Licenses & Permits:
Unknown
5.
Potential Impact Fees:
Unknown
6.
Total Project Revenues:
Unknown
V. BUILDING DEPARTMENT Michael Rumer
11. Within the 100 -year Flood Plain: No
VI.
A.
C
JTILITIES David Wheeler, P.E.
Potable Water
1. In Ocoee Service Area:
Yes
2. City Capable of Serving Area:
Yes
3. Extension Needed:
Yes, Need 12" water main extended from Lakewood
through property to connect to a 12" water main on
Ocoee Apopka Road.
4. Location and Size of
Nearest Water Main:
Lakewood and Ocoee Apopka Road
Sanitary Sewer
I.
In Ocoee Service Area:
Yes
2.
City Capable of Serving Area:
Yes
3.
Extension Needed:
Lift station and force main to Lakewood Estates.
4.
Location and Size of
Nearest Force Main:
8" gravity main on Wurst at Little Spring Hill if
Lakewood Estates does not develop.
5.
Annexation Agreement Needed:
C. Other
1. Utility Easement Needed: No
2. Private Lift Station Needed: No
3. Well Protection Area Needed: Alwa
Page 2 of 3
M
VIII
Applicant Name: City of Ocoee
Project Name: Rogers Property
Case #: RZ-07-01-03 / AX -01-07-03
TRANSPORTATION
Michael Rumer
1. Paved Access:
Yes
2. ROW Dedication:
N/A
3. Traffic Study:
N/A
4. Traffic Analysis Zone:
550
. PRELIMINARY CONCURRENCY
EVALUATION Michael Rumer
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
When developed, the property will be developed as park under the same requirements as other
non -city owned properties.
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer
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 Rogers Park Parcel)
TAX PARCEL ID #s 07-22-28-0000-00-023
CASE NO. AX -01-07-03: Rogers Park Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND
ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND
APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS 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, have
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex said real property into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
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.
ORLA_443150.1 -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
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
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
day of 12007.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED AND
READ FIRST TIME , 2007.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
ORLA_443150.1 -3-
EXHIBIT "A"
[Legal Description]
Parcel 1:
A Parcel of land lying in the Southeast '/4 of Section 7, Township 22 South, Range 28 East,
Orange County, Florida: being more particularly described as follows:
Beginning at the Northwest corner of the Southeast '/4 of said Section 7; thence along the North
line of the Northwest'/4 of the Southeast'/4 of said Section 7 North 86056'10" East, 1,310.03 feet
to the East line of said Northwest 1/4: thence along said East line South 00°31'51" West, 1,398.44
feet to the Southeast corner of said Northwest '/4: thence along the East line of the Southwest '/4
of the Southeast 1/4 of said Section 7 South 00°31'51" West, 355.17 feet to the Southeast corner
of the lands described in Official Records Book 5067, Pages 764-765; thence along the Southerly
boundary of said lands the following three (3) courses and distances (1) North 89°35'48" West,
592.60 feet; thence (2) North 01°06'44" East, 37.61 feet; thence (3) South 87°37'29" West,
726.40 feet to the Easterly right of way line of State Road Number 437; thence along said
Easterly right of way line North 00°48'40" East, 322.00 feet; thence departing said Easterly right
of way line and along the Westerly boundary of said lands the following six (6) courses and
distances (1) North 88°29'43" East, 489.51 feet; thence (2) North 01'04'18" East, 345.22 feet;
thence (3) North 88°06'20" East, 248.67 feet; thence (4) North 01'04'18" East, 652.77 feet;
thence (5) South 87°43' 51" West, 523.06 feet; thence (6) North 31 ° 10'03" West, 411.03 feet to
the POINT OF BEGINNING.
Together with:
Parcel 2:
A Parcel of land lying in the Southeast '/4 of Section 7, Township 22 South, Range 28 East,
Orange County, Florida: being more particularly described as follows:
Commence at the monumented center of Section 7, being a 1 1/4" iron pipe, thence along the
West line of the Southeast'/4 of said Section 7 South 01'04'18" West, 1,672.03 feet; thence
departing said West line South 88°55'42" East, 5.55 feet to a point on the Easterly right-of-way
line of State Road 437, per MOT right-of-way map Section #75180, said point also being the
POINT OF BEGINNING; thence along the Southerly line of the lands described in Official
Records Book 5067, Pages 764-765 the following three (3) courses and distances (1) North
87°37'29" East, 726.40 feet; thence (2) South 01°06'44" West, 37.61 feet; thence (3) South
89°35'48" East, 592.60 feet to the East line of the Southwest '/4 of the Southeast '/4 of said
Section 7; thence along said East line South 00°31'51" West, 57.88 feet to the Northerly line of
the lands described in Official Records Book 6013, Pages 3302-3303 and Official Records Book
5279, Pages 4545-4546; thence along said Northerly line the following three (3) course and
distances (1) South 89°55'44" West, 590.73 feet; thence (2) North 00'04'16" West, 37.61 feet;
thence (3) South 89°55'44" West, 726.80 feet to said Easterly right-of-way line; thence along
said Easterly right-of-way line North 00°48'40" East, 33.58 feet to the POINT OF BEGINNING.
ORLA_443150.1 -4-
Exhibit "B"
ORDINANCE NO.
(Rezoning Ordinance for Rogers Park Parcel)
TAX PARCEL ID #s 07-22-28-0000-00-023
CASE NO. RZ-07-01-03: Rogers Park Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,
"GENERAL AGRICULTURE" TO OCOEE Rl-AA, "SINGLE-FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 37.12 ACRES LOCATED EAST OF AND
ADJACENT, IN PART, TO OCOEE APOPKA ROAD AND
APPROXIMATELY 2,500 FEET SOUTH OF FULLERS CROSS 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 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 37.12 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1, "General Agriculture," to Ocoee
R1 -AA, "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 "JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(13) 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_443196.1
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 April 10, 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 37.12 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1, "General Agriculture," to Ocoee R1 -AA, "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
phrase, or portion of this Ordinance is for
ORLA_443196.1
If any section, subsection, sentence, clause,
any reason held invalid or unconstitutional by any
2
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
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2007.
FOLEY & LARDNER LLP
City Attorney
3
ORLA_443196.1
S. Scott Vandergrift, Mayor
ADVERTISED , 2007
READ FIRST TIME , 2007.
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
2007.
EXHIBIT "A"
[Legal Description]
Parcel 1:
A Parcel of land lying in the Southeast 1/4 of Section 7, Township 22 South, Range 28 East,
Orange County, Florida: being more particularly described as follows:
Beginning at the Northwest corner of the Southeast 1/4 of said Section 7; thence along the North
line of the Northwest'/4 of the Southeast 1/4 of said Section 7 North 86'56'10" East, 1,310.03 feet
to the East line of said Northwest 1/4: thence along said East line South 00°31'51" West, 1,398.44
feet to the Southeast corner of said Northwest 1/4: thence along the East line of the Southwest 1/4
of the Southeast 1/4 of said Section 7 South 00°31'51" West, 355.17 feet to the Southeast corner
of the lands described in Official Records Book 5067, Pages 764-765; thence along the Southerly
boundary of said lands the following three (3) courses and distances (1) North 89°35'48" West,
592.60 feet; thence (2) North 01°06'44" East, 37.61 feet; thence (3) South 87°37'29" West,
726.40 feet to the Easterly right of way line of State Road Number 437; thence along said
Easterly right of way line North 00°48'40" East, 322.00 feet; thence departing said Easterly right
of way line and along the Westerly boundary of said lands the following six (6) courses and
distances (1) North 88°29'43" East, 489.51 feet; thence (2) North 01°04'18" East, 345.22 feet;
thence (3) North 88°06'20" East, 248.67 feet; thence (4) North 01'04'18" East, 652.77 feet;
thence (5) South 87°43' 51" West, 523.06 feet; thence (6) North 31°10'03" West, 411.03 feet to
the POINT OF BEGINNING.
Together with:
Parcel 2:
A Parcel of land lying in the Southeast 1/4 of Section 7, Township 22 South, Range 28 East,
Orange County, Florida: being more particularly described as follows:
Commence at the monumented center of Section 7, being a 1 1/4" iron pipe, thence along the
West line of the Southeast 1/4 of said Section 7 South 01'04'18" West, 1,672.03 feet; thence
departing said West line South 88°55'42" East, 5.55 feet to a point on the Easterly right-of-way
line of State Road 437, per MOT right-of-way map Section #75180, said point also being the
POINT OF BEGINNING; thence along the Southerly line of the lands described in Official
Records Book 5067, Pages 764-765 the following three (3) courses and distances (1) North
87°37'29" East, 726.40 feet; thence (2) South 01°06'44" West, 37.61 feet; thence (3) South
89°35'48" East, 592.60 feet to the East line of the Southwest 1/4 of the Southeast 1/4 of said
Section 7; thence along said East line South 00°31'51" West, 57.88 feet to the Northerly line of
the lands described in Official Records Book 6013, Pages 3302-3303 and Official Records Book
5279, Pages 4545-4546; thence along said Northerly line the following three (3) course and
distances (1) South 89°55'44" West, 590.73 feet; thence (2) North 00'04'16" West, 37.61 feet;
thence (3) South 89°55'44" West, 726.80 feet to said Easterly right-of-way line; thence along
said Easterly right-of-way line North 00°48'40" East, 33.58 feet to the POINT OF BEGINNING.
4
ORLA_443196.1
Exhibit "B"
Roger's Property Annexation and Rezoning
Location Map
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GOVERNMENT
April 16, 2007 F L O R I D A
Russ Wagner, AICP
Community Development Director
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
SUBJECT: City of Ocoee Potential Voluntary Annexation
Parcel # 07-22-28-0000-00-023
Dear Mr. Wagner:
APR 1 9 2007
Orange County is in receipt of your correspondence dated March 26, 2007, regarding
the potential annexation of Parcel # 07-22-28-0000-00-023 located on the east side of
Ocoee Apopka Road, 2,500 feet southeast of the intersection of Ocoee Apopka Road
and Fullers Cross Road (see attached map).
After reviewing the proposed annexation, we have determined that while the property at
issue is contiguous to the City at the north boundary, this annexation will effectively
result in the creation of an enclave (as defined in Section 171.031(13)(b) of the Florida
Statutes) to the south and will result in the creation of an unincorporated pocket to the
west.
While this letter is not intended to represent an official opposition to the annexation, it
also should not be construed that we support the creation of enclaves or set a precedent
for the future creation of enclaves by the City of Ocoee. Please contact Janna
Souvorova or myself at 407.836.5600, if you have any questions or need additional
information.
Sincgrely,
Susan E. Caswell, AICP
Interim Planning Manager
SEC/js
Attachment
c: Teresa S. Jacobs, Commissioner, District 1
David C. Heath, AICP, Deputy County Administrator
James E. Harrison, Esq., P.E., Director of Growth Management
Dana Crosby, Assistant County Attorney, County Attorney's Office
Chris Testerman, AICP, Director of Government Relations
Althea Jefferson, Chief Planner
PLANNING DIVISION
SUSAN E. CASWELL, AICP, Interim Planning Manager
201 South Rosalind Avenue, 2nd Floor ■ Reply To: Post Office Box 1393 ■ Orlando, Florida 32802-1393
Telephone (407) 836-5600 0 FAX (407) 836-5862 0 orangecountyfl.net
City of Ocoee
Proposed Annexation Area
Map Code #9725
Rogers Property
City of Ocoee N
Annexation Area A
County Owned Property
® Right of `day
- Fee -Simple
Easement
Jurisdiction
Ocoee
Unincorporated
Annexation Area
Prepared by.: Orange County Planning Division, March 2007
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