HomeMy WebLinkAboutItem #13 a.b. Approval of Annexation and Rezoning of 529 Ocoee-Apopka Road
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AGENDA ITEM STAFF REPORT
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Meeting Date: March 3, 2009
Item # \3a lb.
Reviewed By: /:J _ ~ ;/ _ _
Department Director: _ ~~~
City Manager: ~ ~
Subject: 529 Ocoee-Apopka Road
Applicant: LMG Construction
Case Number(s): AX 07-08-13 & RZ-08-07-05
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Annexation and the Initial Zoning (C-1)
Ordinances for 529 Ocoee-Apopka Road?
BACKGROUND SUMMARY:
General Location: The property is located on the east side of Ocoee-Apopka Road approximately 1,800 feet
north of Palm Drive intersection.
Parcel Identification Number(s): 18-22-28-0000-00-083 & 18-22-28-0000-00-007,
Property Size: 1.84 +/-acre
Actual land use. proposed land use. unique features. and plan consistency of the subiect property: The
subject property consists of two (2) parcels fronting on Ocoee-Apopka Road, The northern parcel is
improved with a nonoperational (Collison Carey Hand) Funeral Home facility, The southern parcel is vacant
and undeveloped. Both parcels are consistent with the adopted City of Ocoee Comprehensive Plan,
The future land use & zonino classification of the subiect property:
CURRENT Future Land Use-Joint Planning Area Land Use Zoning Classification
Classification
Northern Parcel Commercial A-I "General Agriculture"
Southern Parcel Low Densitv Residential A-I "General Agriculture"
((lV, Less than 4 d~elling units/acre)
PROPOSED
Northern Parcel Commercial C-t "Neighborhood Shopping"
Southern Parcel Low Density Residential A-I ';General Agriculture"
((aJ Less than 4 dwelling units/acre)
The current future land use and zonino classifications of the surroundino properties:
DIRECTION: CURRENT JURISDICTION / CURRENT JURISDICTION / ZONING
FUTURE LAND USE
North Orange County / Low Density Orange County / A-I "Agriculture"
Residential
East Orange County / Low Density Orange County / A-I "Agriculture"
Residential
South Orange County / Low Density Orange County / A-I "Agriculture"
Residential
West City ofOcoee / Light Industrial City of Ocoee / I-I "Restricted
Manufacturing & Warehousing"
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 western boundary of this property touches the City limits, The subject property is considered
contiguous to the City of Ocoee and, therefore, eligible for annexation,
Joint Plannino Area Aoreement: The subject property is located within the Ocoee-Orange County Joint Planning
Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. 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.
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.. .."
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the
proposed use and size of the parcel, Staff determined that the urban services could be adequately
provided to the subject property, Should the property owners choose to develop the property in the future;
however, they will be required to make certain improvements in accordance with the Land Development
Code.
Summarv: The proposed annexation is a logical extension of the City limits, urban services can be
provided, and the annexation meets state and local regulations. Upon annexation, the property will
assume a Commercial (Northern Parcel) and a Low Density Residential (Southern Parcel) Land Uses per
the JPA Agreement and the City of Ocoee Comprehensive Plan, The applicant is requesting an initial City
zoning classification of C-1 "Neighborhood Shopping" for the northern parcel which will allow for the
requested use of professional offices, There is no zoning action requested at this time for the southern
parcel.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On January 28, 2009, the DRC met to determine if the proposed annexation and initial zoning was
consistent with the City's regulations and policies. There was some discussion on the timing of the
connection to the City water system and right-of-way dedication, It was determined that a 60-day
connection to the City water from the effective date of the annexation was adequate, Accordingly, the
Applicant agreed to this change to the Development Agreement. Based on the above analysis and
subsequent discussions, the DRC recommended approval of the 529 Ocoee-Apopka Road annexation and,
initial zoning as presented,
. PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed annexation and initial zoning on February
10, 2009. City Staff presented a brief overview of the project. City Staff and the Applicant answered several
questions regarding existing conditions, uses allowed in the proposed zoning and future land use of the
area, All of these inquiries were addressed adequately in the P&Z meeting, There was no one from the
public to speak regarding this annexation and initial zoning proposal.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Annexation of the +/-1.84 acre parcel of land known as 529 Ocoee-Apopka Road with an
Initial Zoning designation of "C_1" for the northern parcel.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation and Initial Zoning Ordinances for 529 Ocoee-
Apopka Road,
Attachments:
Annexation Feasibility Analysis Report
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance
Financial Impact:
None,
Type of Item: (please marl< with an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerl<'s DefJt 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
X N/A
N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-07 -08-13
ApPLICANT NAME: LMG CONSTRUCTION
PROJECT NAME: 529 OCOEE-ApOPKA ROAD
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: PLANNING3DEPARTMENT
J, Antonio Fabre, AICP I
SCI Funeral Services of Florida Inc,
B. Property Location
1. General Location: On the east side of Ocoee-Apopka Road
approximatelv 1,800 feet north of Palm Drive.
2. Parcel Identification Number(s): 18-22-28-0000-00-083 & 18-22-28-0000-00-007
3. Street Address: 529 Ocoee-Apopka Road
4. Size of Parcel: 1.84 acres
C.
Funeral Home and Vacant Land
Professional Offices
Not to exceed FAR 3.0
Unknown
D. Zoning and Land Use
1. Orange County Future Land Use:
2.
3.
18-22-28-0000-00-083 Commercial and
18-22-28-0000-00-007 Low Densit Residential
A-1
18-22-28-0000-00-083 Commercial and
18-22-28-0000-00-007 Low Densit Residential
C-1
4. Pro osed Ocoee Zonin
E. Consistenc
1. Joint Plannin Area
2. Comprehensive Plan:
Yes
18-22-28-0000-00-083 Yes and
18-22-28-0000-00-007 No; this parcel will require a
small-scale com . Ian amendment
I, II. 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: 750 g.p,m,
Page 1 of 3
Applicant Name: LMG CONSTRUCTION
Project Name: 529 Ocoee-Apopka Road
Case #: AX-07-08-13
111~'POI!ICEfDEPARTMENT'.
1. Police Patrol Zone / Grid / Area:
2. Estimated Res onse Time:
3. Distance to Pro ert :
4. Avera e Travel Time
Zone 1/Grid 118
2 minutes
1,5 miles
4,5 minutes
Chief Charles Brown
IV. ECONOMIC VALUE , '
1. Property Appraiser Taxable Value:
J. Antonio Fabre, AICP
18-22-28-0000-00-007 = $40,538
18-22-28-0000-00-083 = $341,779
18-22-28-0000-00-007 = $40,538
18-22-28-0000-00-083 = $341,779
Unknown at this time.
Unknown at this time,
These will be assessed when building permits are
ulled.
Unknown
2. Property Appraiser Just Value
3. Estimated Cit Ad Valorem Taxes:
4. Antici ated Licenses & Permits:
5. Potential Impact Fees:
6. Total Pro'ect Revenues:
BUILDINGJ;:DEPARTMENT
1. Within the 100- ear Flood Plain:
No,
J. Antonio Fabre, AICP
VI.UTmITIES:l'"
A. Potable Water
1. In Ocoee Service Area:
2. Cit Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
David Wheeler, P.E.
Yes.
Yes.
Yes.
12 inch Water Main in Ocoee-Apopka Road R.O.W.
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,
Yes,
12 inch F,M. at Ocoee-Apopka Road and Palm Drive.
Yes,
C. Other
1. Utilit Easement Needed:
2. Private Lift Station Needed:
3. Well Protection Area Needed:
N/A
Yes.
N/A
fiVIH:;',TRANS~ORTATION!ll.ij,;jlfi!ii!<" .'
1. Paved Access:
2. ROW Dedication:
3. Traffic Stud :
4. Traffic Anal sis Zone:
J. Antonio'Fabfe, AICP
Yes,
Yes.
No.
550
Page 2 of 3
Applicant Name: LMG CONSTRUCTION
Project Name: 529 Ocoee-Apopka Road
Case #: AX-07 -08-13
VIII. PREIJ:IMINARY"CONCURRENCY EVALUATION J. Antonio Fabre, AICP
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change and will be subject to a concurrency evaluation during the site
Ian a roval rocess.
Adequate park capacity exists,
B. Parks / Recreation:
D. Stormwater:
At this time, adequate water and sewer capacity exists; however, this
condition may change and will be the subject to a concurrency evaluation
durin the site Ian a roval rocess.
The applicant will be required to handle the stormwater on-site, according to
the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
change and will be the subject to a concurrency evaluation during the site
Ian a roval rocess,
Actual impact fees will be calculated during the site plan approval process,
C. Water I Sewer:
E. Solid Waste:
F. 1m act Fees:
I IX: SITE SPEclEIC ISSUES v
All Departments I
The subject property consists of two (2) parcels fronting on Ocoee-Apopka Road, The northern
parcel is improved with an old (Collison Carey Hand) Funeral Home facility. The southern parcel
is vacant and undeveloped,
I X. CONSISTENCY WITH STATE REGULATIONS:
J. Antonio Fabre, AICpl
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 western
boundary of this property touches the City limits, Therefore, the subject property is considered
contiguous to the City of Ocoee and eligible for annexation.
Page 3 of 3
529 Ocoee-Apopka Road Annexation
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ORDINANCE NO.
(Annexation Ordinance For 529 Ocoee-Apopka Road)
TAX PARCEL ID #s 18-22-28-0000-00-007;
18- 22-28-0000-00-083;
CASE NO. AX-_-_-_: 529 Ocoee-Apopka Road Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 1.84
ACRES LOCATED EAST OF AND ADJACENT TO OCOEE-APOPKA
ROAD AND APPROXIMATELY 1790 FEET NORTH OF SILVER STAR
ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER, SCI FUNERAL SERVICES OF FLORIDA, INC.;
ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE
CENTERLINE THEREOF; FINDING SAID ANNEXA TION 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 1.84 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 petition bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter
180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "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_1199942.2
-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 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. Authoritv. 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 335,04 15, Florida Statutes.
ORLA_1199942,2
-2-
SECTION 5. Consistency Findine:. 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. 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. Liabilitv. 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. Contlictine: 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:
,2009.
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ORLA_1199942.2
-3-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
-
, 2009
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1199942.2
ADVERTISED AND
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009 UNDER
AGENDA ITEM NO.
-4-
EXHIBIT "A"
[Legal Description]
PARCEL ONE:
From the North 14 corner of Section 18, Township 22 South, Range 28 east, run South along
the 14 Section line 385.04 feet for a Point of Beginning, run thence S 8T19' E 202.25 feet;
thence S 2041' W 33.81 feet; thence S 8T19' E 41.22 feet; thence S 2041' W 157.09 feet;
thence S 89035' 30" W 234.10 feet to the 'A Section line; thence North 203.73 feet to the Point
of Beginning less the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the
public records of Orange County Florida).
Together with
PARCEL TWO:
A portion of the Northwest 1,4 of the Northeast 'A of Section 18, Township 22 South, Range 28
East, Orange County, Florida. Being more particularly described as follows. Commence at the
Northwest corner of the Northeast 'A of said Section 18; thence run due South, along the West
line of the Northeast 'A of said Section 18 for 588.80 feet; thence run N 89035'30" E for 28.65
feet to the Point of Beginning, on the East right-of-way line of State Road 437; thence run N
89035'30" E for 205.62 feet; thence run S 2041'00" W for 202.78 feet to a point of intersection
with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the
Northwest 'A of the Northeast 1,4 of said Section 18; thence run N 89059'49" W along said line
196.33 feet to the East right-of-way line of State Road No. 437; thence run N 0003'39" E for
201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records
of Orange County, Florida).
ORLA_1199942.2
-5-
EXHIBIT "B"
529 Ocoee-Apopka Road Annexation
Location Map
Q)
ORLA_1199942.2
-6-
ORDINANCE NO.
(Rezoning Ordinance for 529 Ocoee-Apopka Road)
T AX PARCEL ID #s
18-22-28-0000-00-083;
CASE NO. RZ- : 529 OCOEE-APOPKA ROAD
---
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-l, "NEIGHBORHOOD
SHOPPING" ON CERT AIN REAL PROPERTY CONT AINING
APPROXIMATELY 0.91 ACRES LOCATED EAST OF AND ADJACENT
TO OCOEE-APOPKA ROAD AND APPROXIMA TEL Y 1790 FEET
NORTH OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; 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 contammg
approximately 0.91 acres, more particularly described in Exhibit" A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "General Agricultural" to Ocoee
C-1, "Neighborhood Shopping;" 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 "IPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the IPA Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
ORLA_1199971.2
-I
"
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 , 2009, 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 , 2009 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 0.91 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange
County A-I, "General Agricultural" to Ocoee C-l, "Neighborhood Shopping. "
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
finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code
,
and the IP 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.
2
ORLA_1199971.2
".
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
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
,2009.
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 ,2009
ADVERTISED , 2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
, 2009 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_1199971.2
..
EXHIBIT "A"
[Legal Description]
From the North ~ corner of Section 18, Township 22 South, Range 28 east, run South along
the ~ Section line 385.04 feet for a Point of Beginning, run thence S 81'19' E 202.25 feet;
thence S 2041' W 33.81 feet; thence S 81'19' E 41.22 feet; thence S 2041' W 157.09 feet;
thence S 89035' 30" W 234.10 feet to the ~ Section line; thence North 203.73 feet to the Point
of Beginning less the West 30 feet for Road right of way (per O.R. 4794, Pg. 1773, of the
public records of Orange County Florida).
4
ORLA_1199971,2
-.
.
EXHIBIT "B"
529 Ocoee-Apopka Road
Location Map
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ORLA_1199971.2