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Home My WebLink AboutItem 17 Second Reading of Ordinances for Howard Property - Annexation & Rezoning City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 17, 2023 Item #: 17 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: Second Reading of Ordinance for Howard Property, 8708 A. D. Mims Road - Annexation & Rezoning; Project No(s). AX-09-22-27 & RZ-22-09-44. (Zoning Manager Whitfield) Background Summary: The First Reading on this item was December 6, 2022. Owner/Applicant: Winston B. Moxey. At the time this application was submitted, the owner was Leroy Howard. Mr. Howard has since sold the property to Mr. Moxey. Site Location: The property is located in Commission District 4 on the south side of A. D. Mims Road, beginning approximately 160 feet west of Prairie Lake Boulevard. Property size & parcel identification number(s): The subject property consists of approximately 2.25 acres and is assigned parcel ID#: 10-22-28-0000-00-133. Existing Future Land Use: Low-Density Residential (LDR) – Up to four (4) dwelling units per acre (per the Joint Planning Area Future Land Use Map). Existing Zoning: Orange County A-1 (Citrus Rural District) Proposed Zoning: City R-1AA (Single Family Dwelling District) Actual land use, proposed land use and unique features of the subject property: The property is currently vacant with no unique features, and the applicant proposes single-family residential uses. The property is within the boundaries of the City of Ocoee and Orange County Joint Planning Area (JPA). The table below lists the future land use designations, jurisdiction, existing land uses and zoning classifications of the surrounding parcels: Direction: JPA Future Land Use Jurisdiction / Zoning / Use North Low Density Residential (LDR) / City LDR West side of Prairie Oaks Court is County A-1 & East side of Prairie Oaks Court is City R-1A East LDR County A-1 South LDR County A-1 Page 533 of 656 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org West LDR County A-1 Proposed Development: The applicant is proposing to annex into the City and rezone the property to R-1AA (Single Family Dwelling District) in order to develop a single-family residential subdivision. Under the current Low Density Residential (LDR) Future Land Use Designation, the 2.25-acre property would be allowed up to nine (9) dwelling units. Since the proposed requested zoning district is R-1AA, development of the subdivision will be required to comply with the design and development standards established for the conventional R-1AA zoning district as summarized below: • Minimum Lot Size and Living Area: 9,000 SF and 1,400 SF • Minimum Lot Width: 75 feet • Building Setbacks: 1. Front: 25 feet 2. Side: 7.5 feet 3. Rear: 30 feet • Building Height: 35 feet • Maximum Impervious Surface Area: 50% Since the property is surrounded by single-family residential uses and the proposed use is single-family residential, landscape buffering per the Comprehensive Plan will not be required. Landscaping requirements for a subdivision will be evaluated at the time the Preliminary Subdivision Plan (PSP) is submitted. Access: Access will be provided via A. D. Mims Road and a possible future subdivision road, depending on design of the PSP. Utilities: Water is provided by the City. However, unless the developer extends sewer service from the nearest manhole, the development of the subdivision will be served by septic systems. Transportation: The property currently has access from A. D. Mims Road. The adopted level of service (LOS) standard for A. D. Mims Road, from Sandy Cove/Wurst Road to Apopka Vineland Road, is E, and as of 2020, the operating LOS was C, with a volume over capacity (V/C) ratio of less than 0.5. Thus, a traffic capacity analysis is not required. At the time of PSP, an operations analysis may be required. Stormwater: Stormwater management will be provided on-site and will be evaluated at the time of the Preliminary Subdivision Plan. Schools: As this is a rezoning and not a Comprehensive Plan Future Land Use Map Amendment, there is no proposed increase in the allowable density. It remains at up to 4 dwelling units per acre. Furthermore, at the potential nine (9) dwelling units, development of the subdivision is considered de minimis per the Interlocal Agreement (ILA) with the Orange County School District. Public Safety: Fire service is available within one (1) mile of the property and can be provided within a 5- minute response time. Police service is available within 4.5 miles (Police Patrol Zone 2) within an 11-minute response time for non-emergency services. Recreation and Open Space: As part of the review of the Preliminary Subdivision Plan, the applicant will be required to provide the minimum open space acreage and recreation facilities based on the number of units proposed. Please see the Howard Property Annexation Feasibility Analysis document attached. At the time of subdivision review, development of the subdivision will be required to comply with the Page 534 of 656 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org requirements of Section 4-4.1 for a Short-Form Subdivision Plat (process for 10 or fewer lots). Staff supports the proposed annexation and rezoning. Issue: Should the Honorable Mayor and City Commission approve ordinances for the Annexation and Rezoning from Orange County A-1 (Citrus Rural District) to City R-1AA (Single Family Dwelling District) for the property located at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a single-family residential subdivision? Recommendations: Development Review Committee Recommendation: The Development Review Committee (DRC) met on Tuesday, November 1, 2022, to consider the item and recommended approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City R-1AA (Single Family Dwelling District) for the property located at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a residential subdivision. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission met on Tuesday, November 8, 2022, to consider the item and recommended approval of the annexation and rezoning from Orange County A-1 (Citrus Rural District) to City R-1AA (Single Family Dwelling District) for the property located at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a residential subdivision. Recommendations: Based on the above analysis and the subsequent DRC and Planning and Zoning Commission recommendations, staff recommends that the City Commission approve the ordinances for the Annexation and Rezoning from Orange County A-1 (Citrus Rural District) to City R-1AA (Single Family Dwelling District) for the property located at 8708 A. D. Mims Road, assigned parcel ID number 10-22-28-0000-00-133 for development of a single-family residential subdivision. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Zoning Map 5. Annexation Feasibility Analysis 6. Annexation Ordinance 7. Rezoning Ordinance 8. Advertisements Financial Impacts: No financial impacts anticipated. Type of Item: Second Reading Page 535 of 656 PRAIRIE LAKE LAKE STANLEY LAKE HACKNEY LAKE JOHIO LAKE BARLOW LAKE LUCY A D Mims Road Silver Star Roa dJohio Shores RoadN Apopka Vineland RoadI s o n L a n e Pr ai r i e Lake Boul evar dN Cl ar ke RoadLake Stanley RoadDovetail Drive Cedar Bluff LaneCoventry LaneDorwood DriveCullens Court Rich DriveHager DriveBlake Way New Victor Road Starr Drive S tric k er D riv e Maplegrove DriveSpringfield Dri ve Flora Avenue Lowman Avenue Kalch Court Lochshyre LoopHaverford DriveLake StreetE H Pounds D riv e Mauldin RoadR o y a l M a r q u i s C i r c l e Andre C ourt Stefanshire Avenue Stonewater Circle Prairie Oaks CourtMontheat h Ci rcl eCompass Flower Way Prairie Sage Trail Har ebel l LaneMil k weed St r eet 8708 A. D. Mims RoadLocation Map I Page 536 of 656 PRAIRIE LAKE A D Mims Road Johio Shores RoadS tric k e r D riv e Kalch Court Carriage Oak CourtLowman Avenue Stefanshire Avenue Stonewater Circle Prairie Oaks CourtI 0 200 400100Feet 8708 A. D. Mims Road - Annexation & Rezoning Page 537 of 656 PR AIR IE LAKE LAKE STA NLEY LAKE HACKNEY LAKE BARLOW LDR HDR HDR CO MM REC MDR A D Mim s Road Johio Shores RoadDovetail Drive N Apopka Vineland RoadPrairie Lake BoulevardLake Stanley RoadDorwood DriveB la ke Wa y Starr Drive Cullens Court Cedar Bluff LaneS tric k er D riv eN Cl arke RoadSpringfield Dri ve Coventry LaneLowm an Avenue Kalch Court Lochshyre LoopHaverford DriveE H Pounds D riv e Carriage Oak CourtMaplegrove DriveA n d r e C o u r t Stefanshire Avenue S to n e w ater Circle Prairie Oaks CourtMontheat h Ci rcl eHar ebel l LaneMil k weed St r eet Tranquille Oaks Drive Groundsel LaneS w itc h G r a s s C ircle 8708 A. D. Mims Road - Annexation & RezoningSurrounding Future Land Use Map Created: October 2022 Development ServicesDepartment I 0 410 820205Feet Subject Property Future Land Use Classificatio n:Low Density Residential (LDR)Med ium De nsity Resid ential (MDR )High Density R esidential (HDR)Professiona l Office s and Services (PS)Commercia l (COMM)Light Indu strial (LI)Heavy Industrial (HI)Conservation/Flo odpla ins (CO NS)Recreation and Open Space (REC)Pub lic Facilities/Institutional (INST) Page 538 of 656 PR AIR IE LA KE LAKE STA NLEY LAKE HACKNEY LAKE BARLOW R-1A R-3 R-1A PUD-MD UNC R-1AAA R-1AA R-1A R-1AR-1A A-1 UNCPUD-COM M A D Mims Road Johio Shores RoadDovetail Drive N Apopka Vineland RoadIson LanePrai r i e Lake Boul evar dLake Stanley RoadDorwood DriveB la ke Wa y Starr Drive Cullens Court Cedar Bluff LaneS tric k er D riv eN Cl arke RoadSpringfield Dri ve Coventry LaneLowm an Avenue Kalch Court Lochshyre LoopHaverford DriveE H Pounds D riv e Maplegrove DriveA n d r e C o u r t S to n e w ater Circle Prairie Oaks CourtMontheat h Ci rcl eGroundsel LaneS w itc h G r a s s C ircle 8708 A. D. Mims Road - Annexation & RezoningSurrounding Zoning Map Development ServicesDepartment I 0 410 820205Feet Created: October 2022 Subject Property Zoning Classification :Genera l Agricultural (A-1 )Su burban (A-2)Single-Family Dwelling (R-1AAA)Single-Family Dwelling (R-1AA)Single-Family Dwelling (R-1A)Single-Family Dwelling (R-1)One- & Two-Fa mily D welling (R-2)Multiple-Family Dwelling (R-3)Mob ile Home Subdivision (RT-1)Profession al Offices & Se rvices (P-S)Neighb orhood Shop ping (C-1)Commun ity Commercial (C-2)Genera l C ommercial (C -3) Genera l Indu stria l (I-2)Commercial (PUD )Low Density (PUD)Med ium D ensity (PUD) Restricted Manufacturing& Ware housing (I-1) High Density (PUD )Pu blic Use (PUD )Unclassified Page 539 of 656 CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS Page 1 of 3 CASE NUMBER: AX-09-22-27 & RZ-22-09-44 APPLICANT NAME: Winston B Moxey PROJECT NAME: 8708 A D MIMS ROAD – HOWARD ANNEXATION This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department’s findings are summarized below. I. PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager A. Applicant/Owner 1. Owner (if different from Applicant): Leroy Howard B. Property Location 1. General Location: South side of A. D. Mims Road, beginning approximately 160 feet west of Prairie Lake Boulevard 2. Parcel Identification Number: 10-22-28-0000-00-133 3. Street Addresses: 8708 A D Mims Road 4. Size of Parcels: 2.25 acres C. Use Characteristics 1. Existing Use: Vacant, unwooded 2. Proposed use: Single-family residential dwellings 3. Density / Intensity: Up to 4 dwelling units per acre 4. Projected Population: N/A D. Zoning and Land Use 1. Orange County Future Land Use: County Rural Settlement (R/S) 1/1 2. Orange County Zoning: A-1 3. Existing Ocoee Future Land Use: Low Density Residential per JPA FLUM 4. Proposed Ocoee Zoning: R-1AA E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT 1. Estimated Response Time: 5 minutes 2. Distance to Property: .8 miles 3. Fire Flow Requirements: TBD III. POLICE DEPARTMENT 1. Police Patrol Zone / Grid / Area: 2 2. Estimated Response Time: 11 mins 3. Distance to Property: 4.5 miles 3. Average Travel Time 12 mins Page 540 of 656 Applicant Name: Winston Moxey Project Name: 8708 A D Mims Road – Howard Property Annexation & Rezoning Case #: AX-09-22-27 & RZ-22-09-44 Page 2 of 3 IV. ECONOMIC VALUE Anoch Whitfield, Zoning Manager 1. Property Appraiser Market Value: $135,000 (as vacant land in County) 2. Property Appraiser Taxable Value $121,000 (as vacant land in County) 3. Estimated City Ad Valorem Taxes: TBD 4. Anticipated Licenses & Permits: TBD 5. Potential Impact Fees: TBD 6. Total Project Revenues: TBD V. PUBLIC WORKS DEPARTMENT 1. Within the 100-year Flood Plain: No VI. UTILITIES TJ Tomlinson, Project Manager A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: 4. Location and Size of Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: No (development will need to be on septic as connection is greater than ¼ mile) 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation Agreement Needed: C. Other 1. Utility Easement Needed: Possibly, depending on PSP design 2. Private Lift Station Needed: 3. Well Protection Area Needed: VII. TRANSPORTATION Anoch Whitfield, Zoning Manager 1. Paved Access: Yes – A D Mims Road 2. ROW Dedication: Possibly – as part of future subdivision 3. Traffic Study: No 4. Traffic Analysis Zone: Page 541 of 656 Applicant Name: Winston Moxey Project Name: 8708 A D Mims Road – Howard Property Annexation & Rezoning Case #: AX-09-22-27 & RZ-22-09-44 Page 3 of 3 VIII. PRELIMINARY CONCURRENCY EVALUATION A. Transportation: B. Parks / Recreation: C. Water / Sewer: D. Stormwater: E. Solid Waste: F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager Page 542 of 656 ORDINANCE NO. 2023- (Annexation Ordinance for 8708 A. D. Mims Road – Howard Property) TAX PARCEL ID: 10-22-28-0000-00-133 CASE NO. AX-09-22-27: 8708 A. D. Mims Road – Howard Property Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 2.25 ACRES LOCATED AT 8708 A. D. MIMS ROAD, GENERALLY ON THE SOUTH SIDE OF A. D. MIMS ROAD, BEGINNING APPROXIMATELY 160 FEET WEST OF PRAIRIE LAKE BOULEVARD; 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 properties located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the “Ocoee City Commission”) to annex approximately 2.25 acres of property, as more particularly described in Exhibit “A” attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures and authorization 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 the Land Development Code of the City of Ocoee (the “Code”); and WHEREAS, on November 8, 2022, the Planning and Zoning Commission of the City of Ocoee, Florida, 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, 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 Page 543 of 656 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. AUTHORITY. 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 C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. 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 and authorizations of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. 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” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT “B” and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, and the Ocoee City Code. Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS. 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. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. 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. Page 544 of 656 Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. PASSED AND ADOPTED this _____ day of _______________________, 2023. ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS _____ DAY OF___________________, 2023 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED ________ AND _________ READ FIRST TIME _______________, 2022 READ SECOND TIME AND ADOPTED ________________, 2023, UNDER AGENDA ITEM NO. ____ Page 545 of 656 EXHIBIT “A” LEGAL DESCRIPTION PARCEL ID NO.: 10-22-28-0000-00-133 N 336 FT OF E 292.2 FT OF FOLLOWING DESC W1/4 OF NE1/4 OF SW1/4 (LESS N 30 FT THEREOF FOR A D MIMS RD) IN SEC 10-22-28 Page 546 of 656 EXHIBIT “B” Page 547 of 656 ORDINANCE NO. 2023- (Rezoning Ordinance for 8708 A. D. Mims Road – Howard Property) TAX PARCEL ID: 10-22-28-0000-00-133 CASE NO. RZ-22-09-44: 8708 A. D. Mims Rd – Howard Property Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 (CITRUS RURAL DISTRICT) TO CITY OF OCOEE R-1AA (SINGLE FAMILY DWELLING DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.25 ACRES LOCATED AT 8708 A. D. MIMS ROAD, GENERALLY ON THE SOUTH SIDE OF A. D. MIMS ROAD, BEGINNING APPROXIMATELY 160 FEET WEST OF PRAIRIE LAKE BOULEVARD; 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner (the “Applicant”) of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 2.25 acres, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, from Orange County A-1 to City of Ocoee R-1AA; and WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of the City of Ocoee, Florida (the “Ocoee City Code”), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the “Ocoee Comprehensive Plan”); and WHEREAS, said Rezoning application was scheduled for review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the “Planning and Zoning Commission”), acting as the Local Planning Agency; and WHEREAS, on November 8, 2022, 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 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 Page 548 of 656 City Commission find that the Rezoning requested by the Applicant to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, on December 20, 2022, 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 2.25 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to City of Ocoee R-1AA. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit “B” and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby finds the Rezoning of the land 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 the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Page 549 of 656 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this _____ day of ______________, 2023. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ______ day of ______________, 2023. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney ADVERTISED _________________, 2023 READ FIRST TIME ____________, 2022. READ SECOND TIME AND ADOPTED ______________________________, 2023. UNDER AGENDA ITEM NO. _____ Page 550 of 656 EXHIBIT “A” LEGAL DESCRIPTION PARCEL ID NO.: 10-22-28-0000-00-133 N 336 FT OF E 292.2 FT OF FOLLOWING DESC W1/4 OF NE1/4 OF SW1/4 (LESS N 30 FT THEREOF FOR A D MIMS RD) IN SEC 10-22-28 Page 551 of 656 EXHIBIT “B” Page 552 of 656 Page 553 of 656 Page 554 of 656 Date Published and Media Name Advertisement or Article SECOND INSERTION CITYOFOCOEB NOTICE OF PUBLIC %TEARING ANNEXATIONFORTHE 8708 A. D. MIMS ROAD - HOWARD PROPERTY CASENUMBER: AX-09-22.27 NOTICE IS HEREBY GIVEN, pursuant to Article I, Section 1-10(A)(1),'Article Ili, Section 4-5, and Article V, Section 5-9 of the City of Ocoee Land Development Code, that on TUESDAY, JANtTARY 17, 2023, at 6:15 p.m. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,1 North Bluford Avenue, Ocoee, Florida, to consider the Annexation for the 8708 A. D. Mims Road - Howard Property. The property is located at 8708 A. D, Mims Road, assigned Parcel ID 0 10-22-28-0000- 00-133, and consists of approximately 2,25 acres. The property is located' on the south side of A. D. Mims Road, beginning approximately 160 feet west of Prairie Lake Boulevard. The applicant proposes to develop a'single-family detached sub- division. Pursuant to Article Y, Section5-9B, of the Land Development Code, .the Plan- ning Director has determined that the subject property is within the Ocoee -Orange County Joint Planning, Area (JPA) and that the requested annexation is consistent with the Ocoee -Orange County JPA Land Use Map and the Ocoee Comprehensive Plan, If the applicant's request for annexation is approved, the annexation will in- corporate the property into the City of Ocoee. AN FLORIDAANNEXING INTO NNE THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY %25 ACRES LO- CATFD AT 8708 A. D. MIMS ROAD, GENERALLY ON THE SOUTH SIDE OF A. D. MIMS ROAD, BEGINNING APPROXIMATELY Wo FEET WEST OF PRAIRIE LAKE BOULEVARD; FINKING SAID ANNEXATION TO BE i CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT PLANNING AREA AGREEMENT, PROVID- INGFORANDAUTHORIZINGT.HEUPDATINGOFOMCL4LCUYMAPS; PROVIDING DIRECTION TO THE CITY, f; PROVIDING FOR SEV- ERABILITY, REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. 9P66RD. �xna Ro-M 14tss1ioYt „Z 'e , t Interested parties may appear at the public Bearing andbe heard with respect to the proposed action. The complete case file may be inspected at the Ocoee Development Services Department, 1 North Bluford Avenue, Ocoee, Florida, between the hours of 8:00 am. and 5:00 p,m., Monday through Friday, except legal holidays, The City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised that the dates, tithes, and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made during the public hearings will need a record of the proceedings and, for this purpose, may need to ensure that a verbatim record of the proceedings is made, which includes '. the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3106. January 5,12, 2023 23-00150W