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HomeMy WebLinkAboutItem #02 Pioneer Key Regional Stormwater Pond AGENDA ITEM COVER SHEET Meeting Date: July 11, 2007 Item # ~ Contact Name: Contact Number: Michael Rumer miL 407-905-3100 x 1018 Reviewed By: Department Director: City Manager: L1>Jr Subject: Pioneer Key Regional Stormwater Pond Annexation and Rezoning Ordinances Project # AX-05-07 -08 Commission District 3 - Rusty Johnson Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 4.53 +/- acre parcel of land owned by the City of Ocoee known as the Pioneer Key Regional Stormwater Pond property? Background Summary: Parcel Identification Number: 18-22-28-0000-00-011 General Location: The subject property is located west of Ocoee Apopka Road and north of Palm Drive. The City of Ocoee is requesting the annexation of a 4.53 :t acre parcel and a change of zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "C-2" (Community Commercial). The City of Ocoee intends to use the parcel as a regional stormwater pond. 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 Light Industrial 1-1 "Restricted Manufacturing & Single-Family Dwelling WarehousinQ" / Vacant East Commercial C-2 "Community Commercial" / Single-Family Dwelling . OranQe County A-1 / Vacant South Commercial C-2 "Community Commercial" / Vacant R-1A "SinQle-Familv DwellinQ" West High Density Residential Orange County A-1 Vacant Property Size: Approximately 4.53 acres. Actual land use and unique features of the subiect property: The parcel currently is vacant. The City intends to use the parcel as a regional stormwater pond. 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 north, south, and east is located within the Ocoee City limits. Joint Plannino Area Aoreement: 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 requesting rezoning of the properties to C-2 (Community Commercial). 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. Rezonino: The applicant has requested a City of Ocoee zoning designation of C-2 (Community Commercial). According to the Land Development Code, the C-2 zoning designation is intended for areas shown on the Future Land Use Map as "Commercial". The C-2 zoning designation is consistent with the adopted future land use designation of Commercial, 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 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 as something other than a stormwater pond 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 June 4, 2007, the ORC 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 ORC recommended approval of the annexation and rezoning of the Pioneer Key Regional Stormwater Pond parcel as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Rezoning of the Pioneer Key Regional Stormwater Pond property was reviewed at a Public Hearing by the Planning and Zoning Commission on June 12, 2007. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of 4.53 +/- acres of land known as the Pioneer Key Regional Stormwater Pond parcel, and rezoning to "C-2" Community Commercial. STAFF RECOMMENDATION: Based on the recommendations of the ORC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 4.53 +/- acres of land known as the Pioneer Key Regional Stormwater Pond parcel, and also adopt the ordinance to rezone the property to "C- 2 "Community Commercial". 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: Public Hearing L Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's 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. N/A N/A Pioneer Key Regional Stormwater Pond Annexation & Rezoning Location Map \, I I L'---~IT----~ 11__ -- en N ~ o c:( o a:: w !;;( I-' tJ) II -r - stER sk ~ I , I .~--~ IJ-- _ '1' II I ~L---; II I I I I r-i I I FRANKLIN' I 9 ATE ROAD 438 I~ " I I I I I I I , f I I ! I I ! I L---l I . I ------', I \ 1 -11 I ---l\ I ~ -I II I ~ I I L I I ) 'T Pioneer Key Regional Stormwater Pond Surrounding Future Land Use Map Q Ocoee Community Development Department 1 inch equals 400 feet 130 65 0 130 260 390 Feet C Subject Property ~ Unincorporated Territory ~ and Other Municipalties !.. _ 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 Facilities/Institutional Lakes and Water Bodies m N -.:t o <t o 0:: w ~ I-' en I , \ , I I I ~ . l_ LOR Pioneer Regional Stormwater Pond Surrounding Zoning Map Q Ocoee Community Development Department 1 inch equals 400 feet 140 70 0 140 280 420 Feet C Subject Property ~ Unincorporated Territory ~ and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) c- Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) ie Commercial (PUD) ~ Low Density (PUD) _ Medium Density (PUD) ED High Density (PUD) _ Public Use (PUD) /' // Unclassified Lakes and Water Bodies A-2 1-1 R-1 0) N ..., o <( o ~ w ~ I-' en .. CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-07-03/ RZ-07-01-03 ApPLICANT NAME: City of Ocoee PROJECT NAME: PIONEER KEY REGIONAL STORMWATER POND 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 City of Ocoee B. Property Location 1. General Location: Located west of Ocoee Apopka Road and north of Palm Drive. 2. Parcel Identification Numbers: 18-22-28-0000-00-011 3. Street Addresses: 340 Ocoee Apopka Road 4. Size of Parcels: 4.75 acres C. Vacant Regional Stormwater Pond N/A None D. JPA Land Use Map-Low Density A-1 (Agricultural District) Commercial C-2 (Community Commercial E. Yes Yes I II. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-4 minutes 2. Distance to Property: 1 mile from Station #1 3. Fire Flow Requirements: Fire Flows 750 gpm 1111. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 1 /Grid 81 2. Estimated Response Time: 2 Minutes 3. Distance to Property: 1.21 Miles 4. Average Travel Time 4 Minutes Page 1 of 3 . Applicant Name: City of Ocoee Project Name: Pioneer Key Regional Storm water Pond Case #: AX-05-07 -08 I IV. ECONOMIC VALUE Michael Rumer 1. Property Appraiser Taxable Value: $0 2. Property Appraiser Just Value $193,325 3. Estimated City Ad Valorem Taxes: $0 4. Anticipated Licenses & Permits: $0 5. Potential Impact Fees: $0 6. Total Project Revenues: $0 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: No 4. Location and Size of 2" line on west side of property and a 6" water main on Nearest Water Main: Palm Dr. I B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of 8" force main on the north side of Palm Dr. Nearest Force Main: 5. Annexation Agreement Needed: No I C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No I VII. TRANSPORTATION Michael Rumer 1. Paved Access: No 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analysis Zone: 547 Page 2 of 3 Applicant Name: City of Ocoee Project Name: Pioneer Key Regional Stormwater Pond Case #: AX-05-07-08 I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer N/A A. Transportation: N/A B. Parks I Recreation: N/A C. Water I Sewer: N/A D. Storm water: N/A E. Solid Waste: N/A F. Impact Fees: [ IX. SITE SPECIFIC ISSUES All Departments I When developed, the property will serve as a regional stormwater facility. Ix. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I The property is 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 Pioneer Key Regional Stormwater Pond) TAX PARCEL ID #s 18-22-28-0000-00-011 CASE NO. AX-05-07-08: Pioneer Key Regional Stormwater Pond AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 4.53 ACRES LOCATED APPROXIMATELY 200 FEET WEST OF OCOEE APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF PALM DRIVE AND SAND DOLLAR KEY DRIVE PURSUANT TO THE APPLICA TION 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 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 ORLA_ 467684.1 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 ofthe 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, ORLA_ 467684.1 -2- ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City ofOcoee, Florida. Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 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_ 467684.1 ,., --'- EXHIBIT "A" LEGAL DESCRIPTION: Commence at the Northeast comer of the Northwest 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida, thence run S 00048'01" E along the East line of said ofNW 1/4 a distance of323.07 feet; thence run S 89039'37" W, 30.00 feet to the westerly right of way line of Ocoee Apopka Road, as described in Official Record Book 3930 at Page 2826, Public Records of Orange County, Florida; thence run S 00048'01" E along the westerly right of way line of Ocoee Apopka Road, a distance of 633.65 feet to the South line oflands described in said Official Record Book 3930 at Page 2826, thence run S89011 '59"W, along said South line, a distance of 198.00 feet to the Northerly extension of the West line oflands described in Official Record Book 5114 at Page 2379, Public Records of Orange County, Florida, for a Point of Beginning; thence run S 00048'01' E, along said line and the continuation thereof, 338.79 feet to the North line of the Southeast 1/4 ofthe Northwest 1/4 of said Section 18 and the North line of lands described in Official Record Book 6561 at Page 1607, Public Records of Orange County, Florida; thence run S 88018'35" W, along said North line, a distance of 590.51 feet to the East line ofthe West 467.33 feet of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of said Northwest 1/4; thence run N 00032'53" W, along said East line, a distance of 31 7.74 feet to a line 7.00 feet South of and parallel with the South line of the North 1/2 ofthe Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18; thence run N 88025'33' E, along said line, a distance of 174.90 feet to the East line of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18; thence run N 00040'25" W, along said East line 27.86 feet to said South line oflands described in Official Record Book 3930 at Page 2826, thence run N 89011'59" E, along said South line, a distance of 414.09 feet to the Point of Beginning. Containing 4.53 Acres, more or less. Exhibit "B" Pioneer Key Regional Stormwater Pond Annexation & Rezoning Location Map Q ORDINANCE NO. (Rezoning Ordinance for Pioneer Key Regional Stormwater Pond) TAX PARCEL ID #s 18-22-28-0000-00-0011 CASE NO. RZ-07-05-09: Pioneer Key Regional Stormwater Pond AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICUL TURE" TO OCOEE C-2, "COMMUNITY COMMERCIAL," ON CERTAIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 4.53 ACRES LOCA TED APPROXIMATELY 200 FEET WEST OF OCOEE APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF PALM DRIVE AND SAND DOLLAR KEY DRIVE 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 4.53 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 C-2, "Community Commercial;" 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 ORLA_ 467686.1 exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on June 5, 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 4.53 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee C-2, "Community Commercial." 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. 2 ORLA_ 467686.1 SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 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_ 467686.1 LEGAL DESCRIPTION: EXHIBIT "A" Commence at the Northeast corner of the Northwest 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida, thence run S 00048'01" E along the East line of said ofNW 1/4 a distance of323.07 feet; thence run S 89039'37" W, 30.00 feet to the westerly right of way line of Ocoee Apopka Road, as described in Official Record Book 3930 at Page 2826, Public Records of Orange County, Florida; thence run S 00048'01" E along the westerly right of way line of Ocoee Apopka Road, a distance of 633.65 feet to the South line oflands described in said Official Record Book 3930 at Page 2826, thence run S89011 '59"W, along said South line, a distance of 198.00 feet to the Northerly extension of the West line oflands described in Official Record Book 5114 at Page 2379, Public Records of Orange County, Florida, for a Point of Beginning; thence run S 00048'01' E, along said line and the continuation thereof, 338.79 feet to the North line of the Southeast 1/4 of the Northwest 1/4 of said Section 18 and the North line of lands described in Official Record Book 6561 at Page 1607, Public Records of Orange County, Florida; thence run S 88018'35" W, along said North line, a distance of590.51 feet to the East line ofthe West 467.33 feet of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of said Northwest 1/4; thence run N 00032'53" W, along said East line, a distance of317.74 feet to a line 7.00 feet South of and parallel with the South line of the North 1/2 ofthe Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18; thence run N 88025'33' E, along said line, a distance of 174.90 feet to the East line of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18; thence run N 00040'25" W, along said East line 27.86 feet to said South line oflands described in Official Record Book 3930 at Page 2826, thence run N 89011 '59" E, along said South line, a distance of 414.09 feet to the Point of Beginning. Containing 4.53 Acres, more or less. Exhibit "B" Pioneer Key Regional Stormwater Pond Annexation & Rezoning Location Map l ----- ...._.~.- Q