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Home My WebLink AboutItem #12 Rogers Property - Annexation and Rezoning Ord. AGENDA ITEM COVER SHEET Meeting Date: May 15, 2007 Item # ~1 Contact Name: Contact Number: 1YJ(l... Michael Rumer 407 -905-3100 x 1018 Reviewed By: Department Director: City Manager: -i/Jiv -....... Subject: Rogers Property Ann.exati()n and Rezoning Ordinances Project # AX-01-07 -03 I RZ-07 -01-03 Commission District 3 - Rusty Johnson 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 :t acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-1AA" (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 Existina Land Use North Low Density Residential R-1AA "Sinale-Family Dwelling" Vacant East Low Density Residential A-1 "Citrus Rural" / Low Density Single-Family Dwelling PUD / Vacant 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 37.12 acres. Actual land use and unique features of the subiect 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 Plan nino Area Aoreement: The subject properties are located within the Oeoee-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. Rezonino: 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 Aoreement. 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 Feasibilitv & 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 Property was reviewed at a Public Hearing by the Planning and Zoning Commission on April 10, 2007. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 37.12 acre parcel of land known as the "Rogers 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 37.12 +/- acres of land known as the Rogers Property, and also adopt the ordinance to rezone the property to "R-1AA" 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. O:\Staff Reports\2007\SR07036 _ MWR_Rogers_AX&RZ_ CC2.doc Type of Item: ~ Public Hearing Ordinance First Reading ~ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's DeDi Use: Consent Agenda Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution N/A N/A N/A Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) Roger's Property Annexation and Rezoning Location Map J lL- H HAIiKIS A-tfi w~ '\0 W ~ 7!-- c-~ \':, ~ 10 rl ~ ~ ~ f-- \~:'O R ,\ -----r-- \0 ~ '-' L i\ - ~~ <( ~Tili1 z L-- \ \\~1l\ ~ t----=! tll/ 0 I b~m '-1 /!" \ % I \\11111 1 11 ~I 0 ~ \ 1111H (1 -\ \ \ \ IY rvioffsll ~ -.r- ~I ~lml 0 . \ 17T~ ~~ ==== 0'> N ~ ..q 0 r~WlL <( 0 a:: r--- UJ !;;( --J I-------- I--' ~ en e----- - I 11 L3 I I :;::: I I I I <i 1~~nRII '" r-c ~ f-- I- =_ I l1 f--- I- - -r= ~ .-- ~ - =c= I~ l Ie.. l j-~ ~ ~o l PAL~C:=' I- I IF< I ~B~ ~I'~ e I I l~D[[D~N1 \~ I~!~~", .LJ 1\ \Mh ~ 'r :T Q Ocoee Commun~y Development Department 1 inch equals 964.025054 feet 330165 0 330 660 990 Feet Printed: month year C Subject Property r- -- I _ Low Density Residential _ Medium Density Residential .. High Density Residential _ Professional Offices and Services _ Commercial .. Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilitiesllnstitutional Roger's Property Annexation Current Future Land Use en N .... Cl <( o a:: uu ~ I- en Q Ocoee Communrty Development Department 1 inch equals 809.533785 feet 280140 0 280 560 840 Feet Printed: month year C Subject Property ~ Unincorporated Territory Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) I- -j Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) Roger's Property Annexation Surrounding Zoning Map ~~~~;1@ ~/~/ 'l ~0~~~ R-1AA ~.~/~MY% 0: ~ ~ ~:~ ~ /'//77//7///// -L '1/ ~ / Y~~it%~~) ~& -L Mv i ~/~'i ~~ ~ ~~ -;/ ,;: / / r/V//y / L V:::~:/: ~ r::y~ '1/ ~// ~ ~(/"L ;l(;\ 0'/ ~ v ~ 2/ ~~~~~:~: /~ ~ /~~W~~~~ ~~~ ~ 0m~~~~ ~ v !(~~" 7V;%%;wW_ ~ ' ' ~~ ~ ~~~' ~~ Y////F /~~~~ ~ '//111 II W~ A-2 ~ I//J'i'////VTW\N~_ ~:--Vril 1 W --'~-J; Z c:: 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. II. PLANNING DEPARTMENT Michael Rumer I A. Ap licantlOwner 1. Owner (if different from Ap Iicant): City of Gcoee B. Property Location 1. General Location: East side of Ocoee Apopka Road, 2,500 feet southeast of the intersection of Gcoee 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. Agricultural/ Residential City Recreation Park Unknown Unknown JPA Land Use Map-Low Density A-1 (Agricultural District) Low Density Residential/Conservation & Flood Plains R-1AA (Single-Family Dwelling) E. Consistenc 1. Joint Plannin Area 2. Comprehensive Plan: Yes Yes III. 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 \11I. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 1 /Grid 118 2. Estimated Response Time: 2 Minutes 3. Distance to ProDertv: 1.21 Miles Page 1 of 3 Applicant Name: City of Ocoee Project Name: Rogers Property Case #: RZ-07-01-03/ AX-01-07-03 I 4. Average Travel Time I 5 Minutes IV. ECONOMIC VALUE 1. Pro e A raiser Taxable Value: 2. Pro ert A praiser Just Value 3. Estimated Cit Ad Valorem Taxes: 4. Anticipated Licenses & Permits: 5. Potential 1m act Fees: 6. Total Pro'ect Revenues: Michael Rumer $1,374,477 $1,444,899 $24,821.56 Unknown Unknown 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 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 Aoooka Road. 4. Location and Size of Lakewood and Ocoee Apopka Road 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 Lift station and force main to Lakewood Estates. 8" gravity main on Wurst at Little Spring Hill if Lakewood Estates does not develop. I C. Other 1. Utilitv Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: Always Page 2 of 3 Applicant Name: City of Ocoee Project Name: Rogers Property Case #: RZ-07 -01-03 I AX-01-07 -03 I VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analysis Zone: 550 I VIII. PRELIMINARY CONCURRENCY EV ALUA TION Michael Rumer N/A A. Transportation: N/A B. Parks I Recreation: N/A C. Water I Sewer: N/A D. Stormwater: N/A E. Solid Waste: N/A F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I When developed, the property will be developed as park 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 Rogers Park Parcel) TAX PARCEL ID #s 07-22-28-0000-00-023 CASE NO. AX-OI-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 CONT AINING 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 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 "JP A Agreement") which affects the annexation ofthe 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_ 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 _ 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 ORLA_ 443150.1 -3- EXHIBIT "A" [Legal Description] Parcell: 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 1;4 of the Southeast 1;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 00031'51" 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 00031'51" 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 89035'48" West, 592.60 feet; thence (2) North 01006'44" East, 37.61 feet; thence (3) South 87037'29" 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 00048'40" 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 88029' 43" East, 489.51 feet; thence (2) North 01004' 18" East, 345.22 feet; thence (3) North 88006'20" East, 248.67 feet; thence (4) North 01004'18" East, 652.77 feet; thence (5) South 87043' 51" West, 523.06 feet; thence (6) North 3 PI0'03" West, 411.03 feetto 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 01004' 18" West, 1,672.03 feet; thence departing said West line South 88055'42" East, 5.55 feet to a point on the Easterly right-of-way line of State Road 437, per FDOT 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 87037'29" East, 726.40 feet; thence (2) South 01006'44" West, 37.61 feet; thence (3) South 89035'48" East, 592.60 feet to the East line ofthe Southwest 1;4 of the Southeast 1;4 of said Section 7; thence along said East line South 00031 '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 89055'44" West, 590.73 feet; thence (2) North 00004' 16" West, 37.61 feet; thence (3) South 89055'44" West, 726.80 feet to said Easterly right-of-way line; thence along said Easterly right-of-way line North 00048'40" East, 33.58 feet to the POINT OF BEGINNING. ORLA_ 443150.1 -4- Exhibit "B" Roger's Property Annexation and Rezoning Location Map ! \ -1 .. " 'r ",.... ~ ^Y~~ \~ lu ~ \"E L- ~ f'O ~ =t1 :::-\ ~ I R o iJ?' I u== \ v _ ~ ~ ~r~ \ "\ _________ T ~ ~ I "\ ~ / d 13n- U\\ II II III ~ ~ Iii I I = rT l \ \ -\ \ \ \y) 7iJOli sf ~~~ T\\\\ \TTI \11\1 -I 1SfHT - - =t6 ~W~ ~ =r I ~ 17T~ flJWll r-- N l - o ~ ~ I ~ I I I ~ I M1111H<1I1 ~I ~ IJ 1...1 ~ w,t\~ ~ =:J=1~ I I 9 ~ - 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-I, "GENERAL AGRICULTURE" TO OCOEE RI-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 APPROXIMA TEL Y 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 contammg approximately 37.12 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 RI-AA, "Single-Family Dwelling;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 ofthe 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(B) of the JP A 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-I, "General Agriculture," to Ocoee RI-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. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 2 ORLA_ 443196.1 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_ 443196.1 EXHIBIT "A" [Legal Description] Parcell: 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 1;4 of the Southeast 1;4 of said Section 7 North 86056' I 0" East, 1,310.03 feet to the East line of said Northwest 1;4: thence along said East line South 00031' 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 00031 '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 89035'48" West, 592.60 feet; thence (2) North 01006'44" East, 37.61 feet; thence (3) South 87037'29" 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 00048'40" East, 322.00 feet; thence departing said Easterly right of way I ine and along the Westerly boundary of said lands the following six (6) courses and distances (1) North 88029'43" East, 489.51 feet; thence (2) North 01004'18" East, 345.22 feet; thence (3) North 88006'20" East, 248.67 feet; thence (4) North 01004' 18" East, 652.77 feet; thence (5) South 87043' 51" West, 523.06 feet; thence (6) North 31010'03" 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 I 1/4" iron pipe, thence along the West line of the Southeast 1;4 of said Section 7 South 01004'18" West, 1,672.03 feet; thence departing said West line South 88055'42" East, 5.55 feet to a point on the Easterly right-of-way line of State Road 437, per FDOT 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 87037'29" East, 726.40 feet; thence (2) South 01006'44" West, 37.61 feet; thence (3) South 89035'48" 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 00031 '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 89055'44" West, 590.73 feet; thence (2) North 00004' 16" West, 37.61 feet; thence (3) South 89055'44" West, 726.80 feet to said Easterly right-of-way line; thence along said Easterly right-of-way line North 00048'40" East, 33.58 feet to the POINT OF BEGINNING. 4 ORLA_ 443196.1 Exhibit "B" Roger's Property Annexation and Rezoning Location Map \ \ --1 ~ ,~ ",,", ---- W ^{~ () 0 10 ~ - -{) ~ f---- ~ I--- L---- ~ ~ :f R4 - \ ~ I P __ 0 ~ I--- i:P u I--- C> <C Ki z in '\ \ /~ro u k-J c:::: ~ <C 17 ~ \ ---I 3 r~ u \ \ 11 \111 ~ <C I rT TI = 11 . \ \ . \ \ Ii }----=! llVoFs (!) ~ Tl\ \ \ lIT n \ I III ~~ f---- I--- KB 0 W~ 17T r~ ~ I rlJll II r-- ~ - 0 ~ ~ I :5 I ~ I I ,-- W M"."'" 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