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HomeMy WebLinkAboutItem #06 Tiger Minor Park - Annexation/Rezoning AGENDA ITEM COVER SHEET Meeting Date: March 4, 2008 Item # Co Contact Name: Contact Number: . 11) {J... Michael Rumer 407-905-3100 x 1018 Reviewed By: Department Director: City Manager: Subject: Tiger Minor park Annexation and Rezoning Ordinances Project # AX-01-07 -01 I RZ-07 -01-01 Commission District 3 - Rusty Johnson Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for two parcels of land consisting of 9.46 +/- acres, further known as Tiger Minor Park? Background Summary: Parcel Identification Number: 17-22-28-6144-05-050 &17-22-28-6144-05-060 General Location: The subject property is located on the north side of Geneva Street, 2,000 feet east of the intersection of Geneva Street and Bluford Avenue. The City of Ocoee is requesting the annexation of two parcels totaling 9.46 i: acres and an initial zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-1A" (Single-Family Dwelling). The initial zoning requested will be equivalent to the zoning on the northern portion of tiger Minor Park that is currently located within the City of Ocoee boundaries. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction North Zonin Classification R-1A "Single-Family" / R-3 "Multi le-Famil Dwellin " R-1AA" Single-Family Dwelling" Unclassified R-1A "Single-Family Dwelling" East South West Future Land use Low Density / High Densit Residential Low Density Residential High Density Residential Low Density Residential Existin Land Use Detached Single-Family Dwellin Single-Family Dwellings Vacant Single-Family Actual land use and uniaue features of the subiect property: Tiger Minor Park is one of City of Ocoee's premier parks that provides a playground, pavilion, benches, grills, basketball court, tennis courts, & restrooms. The property subject to the annexation consists of an access driveway and wetlands. 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 on all four sides. Joint Planninq Area Aqreement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. The City is requesting rezoning of the properties to R-1A (Single-Family Dwelling) which is consistent with the zoning of the existing park property on the north side. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Rezoninq: City staff is requesting a City of Ocoee zoning designation of R-1A (Single-Family Dwelling). According to the Land Development Code. The R-1A zoning designation is consistent with the park property to the north that contains the R-1A zoning and adopted future land use designation of Recreation shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Aqreement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: The property has been provided services from the City since its inception as a City park. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation will eliminate an enclave which is not allowed under Florida Statute. Urban services are currently provided. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On November 28, 2007, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation and rezoning of the Tiger Minor Park Property as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Rezoning of the Tiger Minor Park Property was reviewed at a Public Hearing by the Planning and Zoning Commission on February 12, 2008. One resident spoke at the meeting. Glen Thomas, who resides at 616 Gallego Avenue said that he and some of the other residents were worried since there was talk of a lot of development going on around the area that apartments and condos could be placed on or near the site. Mr. Thomas also stated another concern he has is the up keep of some of the tennis courts and some of the other areas in the park that definitely needs to be fixed. He further stated the tennis court has about a 2-foot slope and he is paying for private lessons for his son and it is his understanding that a portion of that fee was to go to the City to go towards the up keep of the courts. Chairman Milton West stated he appreciates his concern, however, the Planning & Zoning Commission is not the board that can help resolve this problem and he advised Mr. Thomas to go to the Parks and Recreation Board or City Commission. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 9.46 acres parcel of land known as the "Tiger Minor Park 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 9.46 +/- acres of land known as the Tiger Minor Park Property, and also adopt the ordinance to rezone the property to "R-1A" Single-Family Dwelling. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Aerial Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Financial Impact: None. Type of Item: Public Hearing ---2L Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DeDf 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 Tiger Minor Park Annexation & Rezoning Location Map ~ I~? .LJ-22- ~~~ ;~ ~ - : i ;~E Ii: tJR~I(IANn ~ LAKE STARKE ~ 1I1II \ ,""- j ~ ~KE OL YMP/J. r~OO~ ~ ~ ~~ ~ JSl7flllJf~~/I"~~ H\W Rn=n=l ~~~ fl6 ~h ~ tJ~~ ~~ -.e. J- -'- m I I I I II I I IX<<' 4o/r s 0 r---.~~ :; ~ ~"0 JJ\~ ~ m~ I ,~YMP" n 01 ~I ~H~ ~~ I T ~'I~, T I -! h,'K If-- ~ 6-tii DELAWARE I ~ -1 7 f ~?b /)., ~ ~I Y = TIJ f:= 11; ----.-- Dill ~l ~j)~ Y ~; lX ___ El &r'MP/J. ~ ~ == LJillLJ (nT\ ;{JI T!j>/,g ~ \ ~ ~ E=D;: ~\~~an!: ~ - CEJ =:J r ~ ~ F _ J-~ - ./J 83 EaEE ~ -- jj- I-- Z _ J-nt-:; - Elf:!! 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Q) u 0 ro Qj :; ~ ~ ~ ~ .9- .o'~ c: ~" c: ..c Ol Ol Ol Ol cb =: - ~~ c: c: c: c: c: ~ ~:5 ai ~(g 05 i:i5 i:i5 CiHn 0 ~ D~~ I ~~II "C 0) <i= '00 (/) ro U c: :J ~ ~ Co Ql >- .c 'E o E '0 Q) 'E 'C: a. )> m :;u :; r- CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-07 -01 ApPLICANT NAME: City of Ocoee PROJECT NAME: TIGER MINOR PARK 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: North side of Geneva Street 2. Parcel Identification Numbers: 17 -22-28-6144-05-0501060 3. Street Addresses: 401 E Geneva Street 1 409 Jackson Street 4. Size of Parcels: 9.46 C. Use Characteristics 1. Existing Use: City owned park consisting of: playground. pavilion, benches, grills. basketball court, tennis courts & restrooms. 2. Proposed Use: Same 3. Density 1 Intensitv: N/A 4. Projected Population: N/A D. JPA Land Use Map-Low Density A-1 (A ricultural District) Recreation/Open Space & Conservation/Flood Plains R-1A (Single-Family Dwellin ) E. Yes Yes III. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Resoonse Time: 1-3 Minutes 2. Distance to Prooertv: Distance - 0.3miles from Station 1 (Bluford Ave) 3. Fire Flow Requirements: Fire Flows 750 gpm III. POLICE DEPARTMENT 1. Police Patrol Zone I Grid 1 Area: Chief Ron Reffett Zone 3 IIGrid 102 Page 1 of 3 Applicant Name: City of Ocoee Project Name: Tiger Minor Park Case #: Ax-01-07-01 2. Estimated Response Time: 1 Minute 45 Seconds at 25 MPH 3. Distance to Property: .9 miles 4. Average Travel Time 1 Minute 45 Seconds at 25 MPH Michael Rumer $20,112 $20,112 Unknown Unknown Unknown Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Michael Rumer Yes, Zone AE per FIRM Map 12095C0220E I VI. UTILITIES David Wheeler, P.E. I A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of ServinQ Area: Yes 3. . Extension Needed: yes 4. Location and Size of 2" Water Main Located on Geneva Street Nearest Water Main: ! B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of ServinQ Area: Yes 3. Extension Needed: No 4. Location and Size of 10" Force Main runs through property Nearest Force Main: 5. Annexation AQreement Needed: No I C. Other 1. Utilitv Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: City of Ocoee Project Name: Tiger Minor Park Case #: Ax-01-07-01 I VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analvsis Zone: 593 I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer N/A A. Transportation: N/A B. Parks / 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 under the same requirements as other non-city owned properties. I X. 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 Tiger Minor Park) TAX PARCEL ID #s 17-22-28-6144-05-050; 17-22-28-6144-05-060; CASE NO. AX-OI-07-01: Tiger Minor Park Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF; 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 or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 9.46 acres of property as more particularly described in Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said application bears the signature of the City Manager of the City of Ocoee, on behalf of the City of Ocoee, the sole owner 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 "JP A 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 ORLA_669458.1 -1- 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 owner of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City ofOcoee, 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 7 of Article I 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 signature of the duly authorized representative of the City of Ocoee, the sole owner 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" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). 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 4. Annexation to Centerline of Road. The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of-way located adjacent to the real property described on Exhibit" A" attached hereto, provided, however, that the annexation of any such right-of-way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. ORLA_669458.1 -2- SECTION 5. Consistency Findin2:. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JP A Agreement, 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 and directed 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. Conflictin2: Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. 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 11. Effective Date. 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 APPROVED: ,2008. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ORLA_ 669458.1 -3- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2008 FOLEY & LARDNER LLP By: City Attorney ORLA_669458.1 ADVERTISED AND READ FIRST TIME , 2008. READ SECOND TIME AND ADOPTED ,2008 UNDER AGENDA ITEM NO. -4- EXHIBIT "A" PARCEL 17-22-28-6144-05-050 Lots 5,6 and 7 of block "B" as recorded in plat Book A Pages 1 00 and 1 01 of the public records of Orange County, Florida, A parcel of land lying in the Northwest 1/4 of Section 20, Township 22 South, Range 28 East of Orange County, Florida being more particularly described as follows; Commencing at the West 1/4 corner of said Section; thence S89%%D05'53"E, along the South line of the Northwest 1 /4 of said section a distance of 1661.47 feet to the Southeast corner of lot 130 Prima Vista, as recorded in Plat Book 4 Page 130 of the public records of Orange County, Florida; thence NOO%%D37'03"W, along the East line of Prima Vista a distance of 30.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said East line NOO%%D37'03"W, a distance of 793.58 feet; thence N89%%D58'04"E, a distance of 532.94 feet to a point on the West line of Harbour Highlands II as recorded in Plat Book 17 Page 80 of the public records of Orange County, Florida; thence SOO%%D34'17"E, along said West line a distance of 334.03 feet; thence continue SOO%%D34'17"E, along the southerly extension of said West line a distance of 30.00 feet to the South Right-of-Way line of Jackson Street per said plat of Harbour Highlands II; thence S89%%D34'17"E, along said South Right-of-Way a distance of 433.17 feet to the East Line of Lot 7 of Block 5 of Map of Ocoee, as recorded in Plat Book "A" Pages 100 and 101 of the Public Records of Orange County, Florida; thence SOO%%D32'04"E, along said East Line a distance of 438.37 feet to the North Right-of-Way line of Geneva Street per said Plat of Map of Ocoee; thence N89%%D05'53"W, along said North Right-of -Way line a distance of 965.43 feet to the POINT OF BEGINNING PARCEL 17-22-28-6144-05-060 From the West ~ corner of Section 20, Township 22 South, Range 28 East, Orange County, Florida; Run along the South line of the Northwest ~ of said Section 20, S. 880 24' 16" E. 2027.65 feet; thence N 010 24' 28" E. 271.80 feet to the point of beginning; Run thence further N 010 24' 28" E. 200 feet plus or minus to a point on the North line of Lot 6, Block "5", Map of Ocoee, as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. Run thence Easterly along said North line 534.7 feet plus or minus, thence S. 010 13' 48" W. 200 feet plus or minus to a point S 880 37' 52" E of the point of beginning; run thence N 880 37' 52" W 535.37 feet to the point of beginning, Being a portion of Lots 6 and 7, Block "5", of the aforementioned map of Ocoee. ORLA_669458.1 -5- EXHIBIT "B" Tiger Minor Park Annexation and Rezoning Location Map J; I r---- ~ '\ I 0 <.9 /'--- .~ ~ ~ \....J '\.... · ...:J' - IJ..! I () ':::i 1/- :~ ~'" n ~//~~ 1"-- ~i--' t:0 "- ~ (GE~'E~ / I ~ 0 I I e I ORDINANCE NO. (Rezoning Ordinance for Tiger Minor Park) TAX PARCEL ID #s 17-22-28-6144-05-050; 17-22-28-6144-05-060; CASE NO. RZ-07-_-_: Tiger Minor Park Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 9.46 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee R-IA, "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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the" JPA Agreement"); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; ORLA_669493.1 WHEREAS, pursuant to the provisions of Section 6(B) of the lPA 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; WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee (" PZC"); WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the lP A Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the lP A Agreement; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Rezoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission III 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 9.46 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee R-IA, "Single Family Dwelling; " SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby fmds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the lP A Agreement. SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 ORLA_ 669493.1 SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2008. ATTEST: APPROVED: 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 ,2008 ADVERTISED , 2008 READ FIRST TIME , 2008. READ SECOND TIME AND ADOPTED , 2008 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_669493.1 EXHIBIT "A" PARCEL 17-22-28-6144-05-050 Lots 5,6 and 7 of block "B" as recorded in plat Book A Pages 1 00 and 1 01 of the public records of Orange County, Florida, A parcel of land lying in the Northwest 1/4 of Section 20, Township 22 South, Range 28 East of Orange County, Florida being more particularly described as follows; Commencing at the West 1/4 corner of said Section; thence S89%%D05'53"E, along the South line of the Northwest 1 /4 of said section a distance of 1661.47 feet to the Southeast corner of lot 130 Prima Vista, as recorded in Plat Book 4 Page 130 of the public records of Orange County, Florida; thence NOO%%D37'03"W, along the East line of Prima Vista a distance of 30.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said East line NOO%%D37'03"W, a distance of 793.58 feet; thence N89%%D58'04"E, a distance of 532.94 feet to a point on the West line of Harbour Highlands II as recorded in Plat Book 17 Page 80 of the public records of Orange County, Florida; thence SOO%%D34'17"E, along said West line a distance of 334.03 feet; thence continue SOO%%D34'17"E, along the southerly extension of said West line a distance of 30.00 feet to the South Right-of-Way line of Jackson Street per said plat of Harbour Highlands II; thence S89%%D34'17"E, along said South Right-of-Way a distance of 433.17 feet to the East Line of Lot 7 of Block 5 of Map of Ocoee, as recorded in Plat Book "A" Pages 100 and 101 of the Public Records of Orange County, Florida; thence SOO%%D32'04"E, along said East Line a distance of 438.37 feet to the North Right-of-Way line of Geneva Street per said Plat of Map of Ocoee; thence N89%%D05'53"W, along said North Right-of -Way line a distance of 965.43 feet to the POINT OF BEGINNING PARCEL 17-22-28-6144-05-060 From the West X corner of Section 20, Township 22 South, Range 28 East, Orange County, Florida; Run along the South line of the Northwest X of said Section 20, S. 880 24' 16" E. 2027.65 feet; thence N 010 24' 28" E. 271.80 feet to the point of beginning; Run thence further N 010 24' 28" E. 200 feet plus or minus to a point on the North line of Lot 6, Block "5", Map of Ocoee, as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. Run thence Easterly along said North line 534.7 feet plus or minus, thence S. 010 13' 48" W. 200 feet plus or minus to a point S 880 37' 52" E of the point of beginning; run thence N 880 37' 52" W 535.37 feet to the point of beginning, Being a portion of Lots 6 and 7, Block "5", of the aforementioned map of Ocoee. 4 ORLA_669493.1 EXHIBIT "B" Tiger Minor Park Annexation and Rezoning Location Map J; I I - ~ 0 '\ 0 (9 I/L.......... ~, ~ ~ '-.J I'- , -::J - I~ :r: . () :t:J /L.......... l~ ofOn '\.... · ;:::;T V; V//~~ ~ GENE'. ~ 0 \J I J e I Copy of Public Hearing Advertisement Date Published Orlando Sentinel Thursday, January 31, 2008 Pg.F3 "ij' Advertisement .~ - ~1 CITY Of OCO ,"1" ,NonCE Of PUB fl' ,FORn~ ~~~=~ 1I0nCE IS HEREBV GIVEN. pursuant to Subsection 1-10 and 5-9 Qf the Clly of Ocoee Land Develapment Code. that on tuESOAV, FEBRUARY 1Jl2l108 AT l:iIlI P.M. ar hereafter as ~Gg5~c~~d~eG Pelf t~~Hy Z~~I~~ C ~ ~~~m~ IIers..150 North Lakeshore Drive. a. to con. ~ider . the annexation Of two parcels generally .Iocated on Ihe north side of Geneva Street. 2.000 feet east of the In. tersectian of Geneva Street and Bluford 'Avenue: The Par. del Identification Numbers lor. this request .are 17-22-28- ~144-05-05O and .17-22-28-6144.05-060. . ::?: ..; . iiiJ t/I; () . . ''lITff.\.\ J r7~~M:' . II \ ' , III iJ'>'..~' {~. t.?,.... \ LAKE STARKE :::..,.J f ; ..,:::II~--!.. !', . '~-:~!iMti ....ORLANlxL...._._-'--- _. --"~' .... 'BoRMTGASj-01ii-~ tr.-;X:~ f i ' L~pTTEtF11 . "jc~~':l' , '~",. ,rrr,_:--.'~. '.~,I ~=::;'~L- -8, =~,.!~I. T ~. i I ~~". ~; ~~... ~.. ~,~:IB"I.! :m.\! ~ 8it~ c:-. .' I f..lr;-, , dl~NA!;D~ . . ..' I~ ; bJENJ11TTt' t '. '\ . . -- ,"-:::.........:T-._. ".., i~' L:'!l. ~,:!, ',"" . . ..' I~,"" .J;U: ;:....A..'. .t.ii \ . :1' If.<the applicant.s request is approved, the annexation would Incorporate the property Into the CIlY of Ocoee. PlJI'suant to Subsection 5-9 A. of the Land Development Code. the Planning Directar has determined that the reo ClUested annexation is within the Ocoee-Orange County Joint Planning Area (JPAl, and is consistent with the Ocoee.Orange CounlY JPA Land ,Use Map and the Ocoee Comprehensive Plan.: ' ..' ~h~ complet~ case file, Including a complete legal de- ~J~~ICC'o~~'J',;'i\~s6'~~el~~~l ~:a.!fm~~~f~~I~t W~ vision located at 150 North Lakeshore Drive, Ocoee. ~Iori. de between the hours 01 8:00 a.m. and 5:00 p.m., Manday th~ough Friday. except lega,1 holidays. . T.t1\! Planning a. Zoning Commission may continue the 'pllblic hearings to ather dates and times, as It deems nec. e'ssary. Any Interested party shall be advised of the dotes. times. and places of any continuatian '01' these ar cojltinued public hearings shall be announced during the ~1ftr~ P':J'b~ls'l.o.J~~~~r a~~t~d~I~:3~h~\n~nl~e:r~~t~t';~ desires to appeal any decision made at the public hear. Ings will need a record of the proceedings and lor this purpose may need to ensure that 0 verbatim record of the proceedings is made which Includes the testimony and ev. idence upon which the appeal is based. Persons with dis- abilities needing assistance to participate in any of these proceedings should contact the City Clerk's Ollice 48 ho~rs In advance 01 the meeting at 407-905-3105. Beth Eikenberry, CiIY Clerk O~S613641 1131, '1f7, 2008'\ Copy of Public Hearing Advertisement Orlando Sentinel Date Published Thursday, January 31, 2008 Pg.F3 ,., Advertisement NonCE FOR nGER ING CASE -01 . MonCE IS HEREBY GIVEN, pur- suant to Subsection ].10 and 5-9 of the City of Ocoee Land Development Code. that an TUESOAY. FEBRUARY.12, ZOOl AT 1:1lO P.M. or os soon thereafter as aractlcal, the PLANNING & ZONING COMMIS. SION will hold a PUBUC HEAR- ING at the City of Ocoee Commission Chambers. 150 North Lakeshare Drive. Ocoee, Florida, .to consider ~h:n~~~~7~n~0~~t~ge o~a~'he~ north side of Geneva Street, 2.lXIO feet east of the Inter. section of Geneva Street and Bluford Avenue. The Parcel Identification Num- bers for this parcel ore 17- 22.28,6144.Q5-050 and 17-22.28, 6144-0.5-060. If the applicant's reauestis approved, the property zon- ing would change from Or. ange County 'A-I: Citrus Rural' to the City of Ocoee 'R-1A: Single.FamllY Resi- dential'. Pursuant to Subsection 5.9 B. of the Land Development Code. the requested Is con- sistent with the Ocoee.Or. ljJ:~~ ~~~n~;~~o~~"'t~':'~ . prehensive Plan. \ . The compiete case filel in. eluding a complete lega de- scription by metes and bounds, may be Inspected at the Ocoee Community Development Deportment! Planning Division located at 150 North Lakeshore Drive. Ocoee, Florida between the hours of 8:00 a.m. and 5:00 ~a~;' e~~~1al~g~~r~~n~a~~~' . . . The Planning & Zoning' Commission may continue the public hearings to other dates and times, as It deems necessary.' Any In. terested party shall be ad- vised of the dotes. times. and places of any continua- tion of these or confinued public hearings sholl be an- nounced during the hearing and no further notices re- garding these matters will be published. You are ad- vised that any person who desires to appeal any deci- sion mode at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim re- cord of the proceedings Is mode which includes the ~e;tl~grlh a7~:v~~';:'itl uis based. Persons with disabil- itles. needlnp assistance to ~~~~~~S'~h~~Yd ~~om~~~ the City Clerk's Office 48 hours in advance of the meeting at 407.905.3105. Beth Elkenberri. City Clerk OLS613632 -, 1IJ~ .. -:.J.-'- . -', 'i "