HomeMy WebLinkAboutItem #09 First Reading of Ordinance for Rose Hill Phases 2&3 - Referendum Annexation
AGENDA ITEM COVER SHEET
Meeting Date:
Item #
July 7,2009
9
{~~
/#tV ---
Contact Name:
Contact Number:
Michael Rumer rn"
Ext. 1 018
Reviewed By:
Department Director:
City Manager:
Subject: Rose Hill Phases 2 & 3
Referendum Annexation
AX-03-09-16
Background Summary:
General Location: The subject property is located on the south side of White Road, approximately ~
mile east of the intersection of White Road and Clarke Road.
Parcel Size: 80.68 +/-acres
Actual land use and unique features of the subiect properties: The character of the annexation area is
low density residential. The annexation area includes 244 single-family dwellings, five retention areas,
and roadways with sidewalks on both sides of the road. The annexation area is surrounded by the
West Oaks Mall and residential development on the west, residential development on the north, multi-
family residential on the south, residential development and a solid waste transfer station on the east.
The area is accessed by an entrance on White Road and through Rose Hill Phase 1 by an entrance
on Good Homes Road.
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171, Section 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 it bordered by property located within the City limits on the west and southern
boundaries.
The City will abide by Chapter 171, Section 171.0413 of the Florida Statutes which will require a
referendum vote of the area to be annexed since 100% of the property owners have not signed an
application seeking annexation.
Joint PlanninQ Area AQreement: The subject property is located within the Ocoee-Orange County Joint
Planning Area (JPA) via the most recently passed 14th Amendment to the JPA.
Comprehensive Plan: A Comprehensive Plan Map Amendment to Low Density Residential and
Rezoning will be processed after the annexation becomes effective.
DISCUSSION:
Annexation Feasibilitv & Public Facilities Analvsis Report: See attached report.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On March 11, 2009, the DRC met to determine if the proposed annexation was consistent with the
City's regulations and policies. The DRC recommended approval of the annexation of the Rose Hill
Phases 2 & 3 conditioned upon inspection of the infrastructure (roads, drainage/retention systems and
sidewalks) and the Fire Department's review of fire hydrant tests performed by Orange County. All
conditions of the DRC have been met.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The proposed Annexation was reviewed at a Public Hearing by the Planning and Zoning
Commission on June 17, 2009. The Planning & Zoning Commission voted unanimously to
recommend proceeding with the City initiated annexation of the Rose Hill Subdivision Phases 2 &
3 into the corporate limits of the City of Ocoee, Florida, pursuant to Section 171.0413, Florida
Statutes.
Issue:
Should the Honorable Mayor and City Commission Approve Ordinance 2009-018, providing for the
annexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as
Rose Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the
question of annexation for the registered electors within the property proposed for annexation; proving
for said referendum to be considered at a special election to be held on September 15, 2009 as a mail
ballot election?
Recommendations
Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends
that Honorable Mayor and City Commissioners adopt Ordinance 2009-018, providing for the
annexation into the Corporate Limits of the City of Ocoee, Florida, of Certain Real Property Known as
Rose Hill Phases 2 & 3, consisting of approximately 80.68 acres; providing for a referendum on the
question of annexation for the registered electors within the property proposed for annexation; proving
for said referendum to be considered at a special election to be held on September 15, 2009 as a mail
ballot election.
Attachments:
Ordinance 2009-018
Annexation Feasibility Analysis Report
Exhibit A
Exhibit B
Exhibit C-1& C-2
Exhibit 0
Letter Phase 2
Letter Phase 3
2007 Aerial
Phase 2 Plat
Phase 3 Plat
2
Financial Impact:
Additional ad valorem and non-ad valorem taxes from 244 residential parcels.
Type of Item: (please mark with an "x')
~ Public Hearing
~ Ordinance First Reading
_ Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deot Use:
_____ Consent Agenda
Public Hearing
_____ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
3
.~
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS & SERVICES REPORT
For Rose Hill Phases 2 & 3
Supplemented Mav 28. 2009
The City of Ocoee will hold a referendum vote for annexation in latter 2009 to annex Phases 2 &
3 of the Rose Hill subdivision. The City is responding to a request for annexation from the
Home Owner Associations for Phases 2 & 3. This report will show that proposed annexations
within the Rose Hill Phase 2 & 3 Study Area meet the requirements for annexation as outlined in
Chapter 171 of the Florida Statutes. The annexation study area consists of :1:80.68 acres of land
containing 244 existing single-family dwellings.
Introduction
The annexation area lies within unincorporated Orange County along White Road, ~ mile east
of the intersection of White Road and Clarke Road (See Exhibit A). If annexed into the City of
Ocoee, the area would be in City Commission District 2, currently represented by City
Commissioner Rosemary Wilsen.
The character of the annexation area is low density residential. The annexation area includes
244 single-family dwellings, five retention areas, and roadways with sidewalks on both sides of
the road. The annexation area is surrounded by the West Oaks Mall and residential
development on the west, residential development on the north, multi-family residential on the
south, residential development and a solid waste transfer station on the east.
The annexation area is contiguous to existing City boundaries on the west and south side and
will not create an enclave. The annexation area meets the criteria set forth in subsection
171.043 of the Florida Statutes, entitled "Character of the Area to be Annexed."" The
annexation area was recently included into the Ocoee/Orange County Joint Planning Area
(JPA) under the 14th Amendment with the intention of allowing annexation into the City of Ocoee
(See Exhibit B).
Current and Proposed Future land Use and Zoniml
The annexation area currently has an Orange County future land use designation of Low
Density Residential with a JPA Future Land Use of Low Density Residential. The proposed City
of Ocoee Future Land Use is Low Density Residential (See Exhibit D).
The subject area currently contains an Orange County zoning of R-1A (single-family dwelling).
The proposed City of Ocoee zoning designation is R-1A which permits a minimum lot size of
8, 000 sq. ft.
General location: The general area is characterized as an older established residential
neighborhood surrounded by the West Oaks Mall on the west, White
Road on the north, the Orange County Solid Waste Transfer Station on
the east, and the Bordeaux Condominiums on the southern boundary.
The area is accessed by an entrance on White Road and through Rose
Hill Phase 1 by an entrance on Good Homes Road.
Size of Parcels:
:t80.68 acres of land containing 244 existing single-family dwellings.
Legal Description:
A metes and bounds legal description will accompany the annexation
ordinances proposed for the annexation study area.
Public Facilities
and Services:
The table below gives the current service providers and the potential
providers that would serve the community if the annexation ordinances
are adopted.
Service
Current Service Providers
Potential Service Providers
Stormwater
Police
Fire
Orange County Utilities
Individual Septic System
Orange County and Private
haulers
Orange County
Orange County Sheriff Dept.
Orange County Fire Dept.
Orange County Utilities
Individual Septic System
City of Ocoee and Private
haulers
City of Ocoee
City of Ocoee
City of Ocoee
Potable Water
Wastewater
Solid Waste
The following includes a brief description of how the City of Ocoee will provide each of the
needed urban services to the Rose Hill Subdivision (Phase 2&3) annexation study area upon
annexation.
Potable Water: The Rose Hill Subdivision is located within the Orange County Water Service
Territory. Orange County Utilities currently provides water service to the annexation study area.
No change to the territorial agreement is anticipated as a result of the annexation; therefore,
Exhibits C-1 and C-2 do not identify proposed extensions of water and sewer mains.
Wastewater: The Rose Hill Subdivision is serviced by individual septic systems and is located
within the Orange County Service territory.
Solid Waste: The annexation area is currently served by Orange County. The County
franchisee will continue to provide services consistent with 171.062 (4), F.S., unless otherwise
agreed to between the City of Ocoee and the franchisee.
Stormwater Management: The annexation area will be maintained by the City of Ocoee and is
subject to the City of Ocoee's stormwater drainage fee upon annexation.
Police Protection: The Orange County Sheriff currently provides Police protection. Upon
annexation, the City of Ocoee will provide Police protection.
Fire Protection: Orange County is the primary responder with the City of Ocoee responding
under a mutual aid agreement. Upon annexation, the City of Ocoee will be the primary
responder with Orange County responding under said agreement.
Transportation: The Rose Hill Subdivision lies within Traffic Analysis Zone 599. The City of
Ocoee will assume maintenance of all roadways within the proposed annexation area upon
annexation.
Exhibit A
I;
~~ ~
'---,
\\,</1 r Jill 'i!S;
T lit: f 1 X' _~)., ~ '( \ V I I I I I I I I 1 I T --;11\
U T) ~ t+- ~,I '" \ I I ~ '/ II I I
- f- ::=- ---i---j ..... T~ J: k ]A '<
~::: ~ ... ==t; ~, ;::: - j)- =" I;Y'\' '\lJ,-~ db:
~ = = ~~ W ~~ = = ~ =-' '-"---L.)'--= I=J r- '\ ---1 T
;;. - f- -, /'; 7 .1. f-- -j "'"-- - m r- ~
o.j _;;;:: '= ---j h ~~,......--f-- -j---J - f-- I I / ""':rr
... Gi f- ---j '-' 1 - --J ~-c'r- f-- -~
~ = CI!j'- .---I ~ --1 - ~()-j~ f- T r-- - H
i:' -"1 Y r: =/ \.."-Z ~rc = ~ a --
/l'i)l ~I ~ l ~~I~~ / I I I I I Tl "--- - I'] ==
C ~ ~L I ) TITTl) lli ~l...O: L-~ T
a'In.lIIUUtl:1 VII r(EEffiB ~ /' .
-...... "- f- 111m - I I 1 j f-{ " i
I111 1111111 III _ t=~ DJIIJ = ~ Phase 3 I ~
~ \ =f- I II lnJ]]] - ~nlt~ ~
r )/ ~= t=l I II DJJJJ = : -( I I I J OJ]
1// ::::: = - EEBIB EffiE - Ite
'-, ~ ~ == TT 1 I " " I - ( ~J: 1 Elf
( I - I I~AWl CWJ
~ == :++r~f-~ r "i~,I.1 trr- .. _..~
Hffi~\ SiE?pJj/R~~ 1:1 : TFm
I I I \ v-/, ,,---/ '-- :::J::/::!l0'.\ ~ Phase 1 Jm
_~==i~~ _ KEROSEHIL{ -lllllfTfl
= rm r=;J - --.-: ~/L.ll1IlIlI\"- I I 11 Iill
I I I I I 11 I I I I IT _ --ill '~Hl,l, Jll!ll
o CJ 0 ~ CJ 2 rTTr.T.11ll:Tl C & ~
C]CJCJ ~I- KJ
CJCJCJ ~WJ1Jl~ 10 ~
E3E3111 7
U@
~ile
LAKE ~[;OOD
Q)
~
co _
U
-
I--
--.
~ I Phase 2
f-
-
\I
l
III
c--\~
o
-
f-J
LAKE LOTTA
)
~1 .~
~
~.
~ ,~ ~KELOTTA
~
Q ~~~~
111 III 1111111,11 WJ1 El -)
Q)
~
co
-I
co
~
co
(J
N
>
LAKE SHERW~
Exhibit B
I'J""'''''
EAS1 \'IES1 E)(
Proposed Modifications
to the Ocoee/Orange County
Joint Planning Area Agreement
I!mI Add to JPA
Existing JPA Boundary
_1--- --
o
- 14" Water Line
- 16" Water Line
."B. Ocoee Utilities
Services Boundary
r---1 Annexation
L....-.J Referendum
Parcels
City of Ocoee
(Existing)
UK!: FUJRI:XC[
HalIJoaDriveJil.lll
. Manholes
,
\
\ . Lift Stations
Sanitary Sewer Mains:
-~~,~~ Unk Diameter
- 20" Force Main
- 16" Force Main
- 12" Force Main
- 10" Force Main
- 8" Force Main
-- . 6" Force Main
4" Force Main
- 15" Gravity Sewe
- 12" Gravity Sewe
- 10" Gravity Sewe
- 8" Gravity Sewer
- 6" Gravity Sewer
1111111 Ocoee Utilities
Services Boundary
D Annexation
Referendum
Parcels
0 City of Ocoee
(Existing)
c.
ca
:E
Q>
tn
:J
"C
c:
ca
..J
Q>
L..
~
.....
~
U.
"C
Q>
tn
o
co.
.....e
:ca.
.- """'-
..c:C)
>< c:
W~
tn
.-
><
W
M
otJ
N
tn
Q>
tn
ca
..c:
a.
-
-
.-
J:
Q>
tn
o
0::
Ul
Q)
U
.~ Q) Ul
ro Q) u ro .~
~ W Ul ro c ~
~ ro -0 .!: Cl.. 0 0 >..
~ -0 ~ CroW ~ m L
C 'en C ro 0.. c.3 ,-.8
Q) Q) Q) Ul ~ Q) ~ 2'E
:-QO:::~ ~ 0 Cl..~g~~
~ ~ ~ ~ ro ~ ~ w > ~
Ul O:::'~ >- 0 ~ ~ c C ~ '5 ~ 2
~ j c3 ~ .~ .~ ~ ~ ~ ~ .~ ~ ~ ~
Ul Q) E Q) Ul m ~ C ~ ~ ~ N Z ~
~ Ul 0 .:! 0 Ul E +-' ~ Q) Ci5 .~ u.. J, 8
~ ~ ~ ~ ~ ~ ~ ~ m ~ g ~ g ~ ~
W 0::: ~ ~ I ~ 0 ~ I 0 0::: ~ 0::: ~ ~
8
~
ffi
:r:
C/) 1
~ '
ISIeJ1 ~
I I I, Ilil:lll u.-eda ~t r-+--I ~ ~ I- I I I G'.....'.fI\I~1 ll-"l f--
11 ~i=IITffTlN>"M 0 '-;:::- ~;::: t= I 1I1111 III '='= t
IJ7)S-I of I I I lIt U ~ -J I- I ~~LlI~I~j I ==Y-
~>fHII-t=~~ ~ ~t~ ~lYTil~lIiill L
~ I- \[ := = r-a; ~I- ~ ~ ~-:\
UJ ~ 1::i1'i..J.I-- ,,:: C1l
<: n: " I r I I I II ~ .rTiE .....
UJ - CIl
gj ~ R <:l::~h ~ I- =
~ - J J]-0-i=Z)- H 1-,-( -! -
m -; U I I I I I ,ar1uH puu~ II I ~./ 1:~
~ ~ /-::, q HUH ~ =:J f-~ [:S' UJ --:::=
~. ~::y 0 tJIIDj i ::::;:g E- ~ :: ~
/ .e.nrl E .-- ~ 1-:/11 ~ ,'=-
lTTIl1 /H 5:: M ~ 'qJ/ /d I \\~
I- U HI- CIl f-- ((
II: \!!.. 11..4111 .l~ ~ ~ I H-H+r In lJ;
11' .11.11 '&.1 f-- '~~
T TT '- / I I I I I I . ~ r-"L I 1 r:T1:JTlTi1 11
~I~ \ I / E: ~lu_r.cLJ~{-~~1-~~lL1J.lULB
) ~ _ ~ C= l:-f r=r-~ p=1 V"l~ ~-='=-I v:{LJ IfTl ~=tl f..~
~ /II\~\ \ \ fiJ ~ ~3l=tj Efl EEt-jl Et~~/ /~] tB f~'
I-' '.........g ""~. ~ I "-fj LLj L -' L ';\, Y / -- F..\-~ [:,
t= i= 8~C' ~q f-P r';~ \lJJ~ ~-H r.::~
~~~ IJD' i= 8 . +~ ~*~ EE~ ~;~ 83 ~~~ P ~ EJ
tf>Y Of m ~ . ~ 1:2 i~ 13 LB cjJ tfJfij t+- f..-t~ [t3 ~.::
h / I~qlla '1 I \1/\ ~llTf1'ld'TTTJ1!iIT1-t~( =j-1:in1-'
II I I )( [ I IIII1IIII fU
I ,/\ I I r7:;.. I 1IIIm N
f- CIl
Ul / ~I rn L I I I I I I I I r- rr ~
111--1- I '-.. - '&.
H I-~ I-
-' \.- i- \--
i- r-\.-- l-
t::
V~r~
-'- -;:J
t:Jl=
J-JJ==:
)5~
.......~
~<~~ (.
--
-
-
~
o
-J
~
"l:
-J
--EC1l
a)\Jel3 i.
IlL
~"
c:
'"
E
g- en
a:; 0
> 0
~ ~ N
~~ 'g,
511 <(
E '"
EO -0
o CIl
~ c
8 &
o
Ul
.~
~
o
m
C
o
~~
c~
Q) C
:Qc
'- Ul4:
Q) Q)~
~ 0::: Q)
> >- (/)
~ 1;5 8-
Ceo
ro Ul Q) '-
Ul Q)O~
~ e 3: m
ro ro o.t::
~ ~ ~ 4:
G
"'C
r:::
Q)
C)
Q)
...J
8
~
0::
UJ
:r:
C/)
~
:3
~
UlO
Z-J
OUJ
u~
:3
-_.~
~
02/11/08
Michael W. Rumer Jr.
Principal Planner
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
By this letter, The Rose Hill Phase III and Rose Hill Phase II Board of Directors,
Officially request annexation into the City of Ocoee. Confident that our residents
will add value and become great citizens of a City that will help maintain our
. standard of living and quality of life.
Included are:
. Application for Annexation (form-18)
G Copies of Signed Ballot Proposition
On behalf of all our residents we represent that we are excited and positive that
. our application will be received with favor. We look forward to your continued
communications regarding the next steps and processes necessary to
accomplish this important shared objective.
Thanks for all your help Michael.
Sincerely,
ROSE HILL HOA II
President
Kevin Gilbert
9131 Mr. in~oln Ct.
Ah ./ /...~
r/A "..,~ . / /
~. /. / .~
/ . <~.
ROSE HILL HOA III
President
Anthony Adams
91 t~ ~(tist~n,e Circle
/;} I....) I /i7A1 A /I . ----"
()!AI (}(jy~~
Homeowners Association
COMMISSIONER
TERESA S. JACOBS, District 1
201 South Rosalind Ave P.O. Box 1393
Orlando, Florida 32802-1393
Sent via Facsimile 407 836-5879
& USPS
February 27,2008
Dear Commissioner Jacobs:
I am Tony Adams, President ofthe Rose Hill Homeowners Association. Our community
is located in the northeast region of your district (near the White Road Transfer Station
and next to the Old Orange County Landfill) upon which developers tried to construct an
elaborate Mini- Storage facility. We exist in a relatively small enclave of homes in un-
incorporated Orange County which abuts the west end of District 6 and Pine Hills.
Still, our residents are proud that we have maintained a beautiful well kept neighborhood
with a children friendly atmosphere.
These are perilous times. The economy and struggles within the housing market
coupled with unchecked happenings in district 6 have a negative impact on our resident's
faith that we will not be ovelTun by unwanted developments.
As a result or in response to these challenges a special signed ballot proposition of
homeowners here in Rose Hills indicate that the overwhelming majority feel that
annexation into the municipality ofthe City of Ocoee is necessary to help in our
commitment to ensure that our quality of life and investments stay in line with the goals
and objectives we value.
By this letter we ask for and thank you for supporting our effort toward
annexation into the City of Ocoee. You are and still will be our Orange County
Commissioner of choice and fact. Recognizing that your term is at its end, we appreciate
all that you can do to make this process as smooth as possible.
Thank YOlLf-or the civic education and service over the years.
ml
( prit~~
.__~~~141J-t~_
P. O. BOX 680548
Orlando, Florida 32818
LO N
..
0
r0 N
I-
'"
'"
::
III
1O
lo:
0101
oel
11I.0(
a..
....0
~z
a.. 0(
-
-
ot
.....
_ot
.......:
....-en
en .... <
~enlOl
:z:IOICIl
....;1'"
::l:Z:1OI
O....el
1Il5z
WlIlo(<
:z: a:: 0
....~:iii:
~""5~
<"'0'"
otoen>
.....z"'....
-o",z
....;::a..::l
ena::-O
0(0:Z:0
IOIlL~1OI
l:o(~~
~ 0 ~.~
Z~NO
UJ ..: C\I
l:"'Z
zO
"'0;::
o;::l;l
~l;len
;::lIl...
a::...o
~ 0
<
1&1
en
CC
Z
A.
...
...
-
Z
1&1
en
o
a:
?:..z
~.
~'D
"'~
u'i
...:Q.
~:~
<,
~
...
.,
~
..
~
!@i~ii!'
.~)~~~u~J::t
:~~~~~~~~~~
~
i =;;;; ::;;~i;2:;;~: ~ ~;~;~ ~ ~~ ~ ~~~;i~ :~~~: ~5~~;'~:~;~i~ ~~ S~ :~~;~ ~~;;:2; ~ ~~; i: ~ ~; ~;
l~
~ :::::;';:::i;~:
. - -
a ~~ ~~~ ;~~;;~i ~ ~; = ~~~~;~~; ~~:~~~; :;~~:~; ;;;;:~: ~~~~;;~ i; ~~;~ !~~ ;;a:~; ~2 :~~;~ i; ~~;~: ~ ~: ~ ;;~~;:;::
.
.~
.~
... tU~H:Ull:;uu!::
=- :::i:!~.i!:I:i'S~Ei
: ~UU:H!:HUU~
if utUnnn~ni
i ::~~H~~H~H~~
i ..';o':':u:i~';';:riri':,,;
.. k!::~!: ~H' ~ ~ ~!:H~~!: 1:. ~!:H!: ~u ~u ~H !::~~~H~~!:; ~!:.!:: ~UaU!: ~H' ~;!:~!:H!:!::!: H t HUi t:tH
':; 'U:lr:!tU;U;kH~;jdd;tHUUU!::;ilhU!:::i:!:!::HHJr;U~UHU!:~!:H;~U::Ul!:.iU:H t!:
! H ~~ ~~ U: H k ~H::: ~~l: U; H U ~ H H!:~:: kU1 HH ~\~:!: H H~H~ H:i = \ok = UHf:: i H ~ H L H
I :::::::::: :::=;~!:::;::::: ~:: ~ ~::: ;!i;;:::::::~ ~~;~;~;~;~;;: ~~~~ =:~~ ~ ~~~ t~ ~;;;
i ~~ ~,;.:...:....! ::.:::!::::::: ::!i :::i ::i::!i.:s:i:; ;;;" i oj'; ii :::: ::ii:;:::: ::::::i:::: :i:: i. =i::: e
3"1>
..
..
.. ~ :l:
..
:
,., ::
..
C.1.J.L'-7J .1.011
,
~
~ ,
9= ,
: ~ ~
~z ~: ~
z' . .
~~ $11 ..
:i~ t;i~ .
~; e~
gs ie ~
~::l :n: ~
8~ ~~ ~
~~~~ ~.
:! ~i ~~
0.... u~ ....
~9 ;~ ~~
9~ e~ ~t--
~.J <0( >- '
<(~ j= h~
.~
~~ ~~ ,
..
o z< .'
Vi ~;C ~
;; ;; ;; ~~
"
~.
~:
":
....
~<
",
M0113A
i
.,
:1
.,
~~~
~5;
.Niii'~
~
s
, .
. "
. "
z -
f ~ ~ ;
~ ~ ... ~
~ ~ s ~
~ ~ ~ i
= = 2 -:
~5~~~
IY ... ~ . z
$ $ 8 ::.~
~ ~ ~ . c
z z z ~ ...
... ... ~ ...
! i ~ ..: ;
t~t~S
... 11'I '" '" ""
............ lW
~ ~ '" ... ~
~~~~~
o 0 0 Q Cl
"
'"
,.
...
:j
..
~ I-
.,
.... ~
~~:
~ "
,~~
~ ..t e~
:1 ....,.
~ :~~
!2 i.. ~~~
~~ ;'f~
s: l ~..'
a~ ~~
. ~ ~~ ~ ~'::
t.. I .. ~~.,
-''';' .~...;.. .: ~~ ~~~ ~
~ co : /' ~~!
""~#i ; ~;~
@ .K" , ~"L~/
"~..', ~~3'0.,
.., 1 /~:~
- ,."...____J ~_~_ <s::r
o ~.
..!:~
h..
: i~.:
I "
r"'flJ..J1l .,.:/ '7.7JJJ" .J.n.JlU..lr"_~ I.,J.''''".I." .I~"~~' . "I""'~.~.~
.,'.sr..'1.... .,Ui 'Y.:;)"" L'I"/'IOi",f." ww,~ i If'''~'' :!II1'l'f}U7 3Jr
?"-
m
IJljl1l' i
.~~ jlpl
!~H'J!lnl
~lH "I
i= ,,; 1 ! f 1 .'
c ~" 1 111'~
u ~il ]l'lj,
-"f} 1'1
~ ~.!~, :. ~.i I j
.-! a .! .. ... ~. E'3
O~I-;!"1~~"
i. l '"'I 1 ... '"6 11
~1'1.1,~1 i
u!i~!.~l
'!111'~ .
~.ir'''P
...!~fdJ
...
IJ
~
(1)
...'"
::58
.. ..
I-
en
0(
III
III
N
III
Cl
Z
0(
a::
r. "
,.
- I- :~
- ;:) 0( ."
"
0 Q H
en
W N ii:
en N 0
<C ... z
a. II. 0 ..
'.
X ~> ;:: .0
.. =i
a. ii:
en... u ..
Zz .. ,.
-l OJ ..
~;:) 0
-l 00 ...I - .
... U c "
" "
X OJ :.
-11/ ...I I'
w "CJ i~i
NZ
en Z 0( .. ,
0 0 II: ' .
<
0 ,- .
a: 2~"
... t:fi
U i~l
III
en
II.
0
Z
0
I-
a::
0
a.
0(
II
.: ij
>~ i I
~!., I
o:~.
gl<~~
~r~"~
~I ~
BJ} !
o~i
...0: _............,
~==~::==;=~~~~
:I::a:i~o~=k~
111ll!!!!ll!1
:~~:~:~ ~:~:~:
li!II!III!il!
:i..::!g""'~:~i:
3~~;:~~!~~~~g
~Q ~;;a:~~~ :Z'4
'"
OJ
b
z
L
~
,.~
...
i-
(;
;;:
I" I'
Ii", ,'1 I
l~~
i I'll
Ii l t?
it~~
I' illl iPllil
~" IIHt'>
~5Hi I iHl!l ~
~Il hi I ! t n ~ ! ;, ~
a-.:lilll p'lf ,~::>
~~ j f 11 I ~ 1 H; L J"I' ~
!ji'lq'lnfuq1~! 5
inn 11' i ,!inl~l,~"} ~
~i _:" ll]fl>'i~' ""1 ! a:
~i ~ i I I I -:,1 i ~ d 1 ~'~. ~
ni~ '''Hr~H!p1 ~i
~~.d l!lI4I-I>lIdl' d
~..~ t,~'i si.~t !l
: H~~U~
" ~!:!'!:;H=
! ~~:;:~:
'j :rHli: :
J~:.liZl;B_h
t~':1."~"1':
z. ~sh~h :
~ ,oj_: 'So
~~~!.~iN!i
g ~=t~n~..
wi".r."o ..
cna.:l:ii "li li'
H~~~~h~p
~.t:~:'2Q.i I :
~r~f~~j~" :
~ ~iti~!~~ :
~IHi.Htf {
~ .. 8l!,! i I u ~:
~EH~b6~ ~
~!il..~.l;<5 0
i ~;~;; ~; ~~~;;~; ~:~; ~ ~ ~ ~:~; ;~; ~;};; ;:';;; ~;~ :]~
'.
:
,
~ "
,
a
,
~~ ~
;i~
~. ~.,'
~~ ~ ~
~~ ~~
~: ~ ~
.'" ~ II
~~ ~~ j
A':J: > ~
~', ~
""~ ;"
~.. 0 a
~~.~ I
~o ,~
:~ ~:
~Ci1 ::t't'
~t ~~
~'" :~
.. .
on ~ i a
'" :
'" .
'"
... ...
'" ..
.#os-.!!/
~:.
,,, .
t~O
.I
~ flj
>'"
~l:l
Il.Z I
~5 ,
~~ ~l
~5 4
l>.U ~tl
~~ !
J 1
J!}
...J
..
~a:
g: ~ ~~
~~ ~
u. 0 .....~:
o~ --;~
~z ~:.l
Uo :'lor
~~ ~:~
ffi aJ ./'J:
u
J~l
i _
; ~ ;
= .
: : ~
I' i
1'-
.2
B~
i ; ~
;; :
i i ~
iii
. . .
N
'"
..."..,-
'3~/~.SO.OON
i
s~~~,~~111'H '~~1~
,
o l~ "'JJ',
!i Ii 'I ~ 1 .~
~ " 51t~~ -'
~~ II if!.,';'
~ ~ I ~ ' 8 l ~~
~~ ~j ~I~ li1~ ~ln~ I ~I'
~ 8 ..H I 11 0 i 1 ,.,d ,
l>. > 'i.t ~ .. u j - p~' " ]
o ~ n ,\ ~ 1 ~~ l>. - : !<-1QI q
j!::l F.~i l~ ~.P, ~q!!~;l<::l
(58 ~;~"1 ~: t(~'~J~~~15 ~
ii:lL 5U~ = ~~d':;j~U
~o n~! ~ !::~n~~8..
l<J ;;H I - '>I1f lr:q~H~- I
u ~ja I ! ~ ~ ~~l~~ 18] ~l
~: ! mi~~j .j-; 'l~~;I~l~ 1 i ~
; I l!:'::~ l - _ 'l" ~ 1 . ;
~' ill wm~ ~~; ~~HiH;: ~
d'~ I · "..:~ . ~. ';,.".. ,
& . '," , , . "." . I
:i i!1 .' ~; ~ ~ 0 . . .,," 0 t'
l ,[ :!::" :: -,;::: i ,; ;
, \ I!I!;!! 'J' mmn'
I }j!j!!lt !t :. i m:~.~ii L
iWa~! iL · ~n~m ;!
..,.... _., I ".., I
............ ....... e .. I.. .
on
'"
I f--
-l
~ e,~~ ~ ') r.: \
.. .,:';;,;'< ~~~ ---?
~;i~: (
:~~J
~~ \
''C..............
\ ;:
\
\ /
\ /
( n
\ h
\
\
\
\
2
OJ
. .
~ ~
on
Q
l i ~
l""l ~,..
;:: "~
, .
'"
Q
~ ~.:u ~
L..:"
'a'
j
..
Q
'a
'"
'2
alll'.....t/,,..~~,.
.11$ I
r-
,
~ J
i~_
! :
;:;;::
::;r;':;1-:
~
ORDINANCE NO. 2009-018
(Annexation Ordinance for Rose Hill Subdivision Phases 2 and 3)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING
FOR THE ANNEXATION INTO THE CORPORATE LIMITS OF THE
CITY OF OCOEE, FLORIDA, OF CERT AIN REAL PROPERTY
CONSISTING OF APPROXIMATELY 80.68 ACRES, MORE OR LESS,
GENERALLY LOCATED ALONG WHITE ROAD ONE QUARTER MILE
EAST OF THE INTERSECTION OF WHITE ROAD AND CLARKE
ROAD AND COMPRISING ALL CURRENTL Y UNINCORPORATED
PROPERTY IN THE ROSE HILL SUBDIVISION PHASES 2 AND 3, AS
INITIA TED BY THE CITY OF OCOEE, FLORIDA; PROVIDING FOR A
REFERENDUM ON THE QUESTION OF ANNEXATION FOR THE
REGISTERED ELECTORS WITHIN THE PROPERTY PROPOSED FOR
ANNEXATION; PROVING FOR SAID REFERENDUM TO BE
CONSIDERED AT A SPECIAL ELECTION TO BE HELD ON
SEPTEMBER 15,2009 AS A MAIL BALLOT ELECTION; 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 FOR SEVERABILITY; REPEALING CONFLICTING
ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.0413, Florida Statutes, the City of Ocoee
has initiated the annexation of certain real property located in unincorporated Orange County,
Florida, consisting of approximately 80.68 acres, more or less, generally located along White
Road one-quarter mile east of the intersection of White Road and Clarke Road and comprising
all of the currently unincorporated property in the Rose Hill Subdivision Phases 2 and 3, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(hereinafter sometimes referred to as "Rose Hill Phases 2 and 3 "); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which agreement has from time to time been amended by
Orange County and the City of Ocoee (the "JP A Agreement"); and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") that it approve said annexation provided that a majority of the registered electors
of Rose Hill Phases 2 and 3 vote in favor of the annexation; and
ORLA_1314075.2
-1-
WHEREAS, the Ocoee City Commission has determined that Rose Hill Phases 2
and 3 is compact, contiguous and within the territory of unincorporated Orange County, Florida;
and
WHEREAS, pursuant to Section 171.042, Florida Statutes, the City of Ocoee has
prepared a report setting forth the plans to provide urban services to Rose Hill Phases 2 and 3 and
has filed said report with the Orange County Board of County Commissioners; and
WHEREAS, the City Commission of the City of Ocoee has determined that Rose
Hill Phases 2 and 3 comply with the prerequisites for annexation identified in section 171.042,
Florida Statutes; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.0413, Florida Statutes, and Sections 1-10 and 5-9 of Chapter 180
of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Chapter
171, Florida Statutes, to annex Rose Hill Phases 2 and 3 into its corporate limits, provided that a
majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the annexation;
and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include Rose Hill Phases 2 and 3 provided
that a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of the
annexation.
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 101, 166
and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. ANNEXATION. The Ocoee City Commission proposes to annex into the
corporate limits of the City of Ocoee, Florida the following described real property located in
unincorporated Orange County, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF (herein sometimes
referred to as "Rose Hill Phases 2 and 3").
Section 3. MAP. A map of Rose Hill Phases 2 and 3 which clearly shows the area
proposed to be annexed is attached hereto as EXHIBIT "B" and by this reference is made a part
hereof.
Section 4. REFERENDUM.
ORLA_1314075.2
-2-
A. This Ordinance proposing to annex Rose Hill Phases 2 and 3 shall be
submitted to a referendum vote of the registered electors of Rose Hill Phases 2 and 3. Said
referendum shall be held at a special election on September 15, 2009, and shall be held as a mail
ballot election as set forth in Sections 10 1.6102 and 101.6103, Florida Statutes. Said referendum
shall be in conformity with the laws and ordinances relating to elections in Orange County,
Florida, and in conformance with the provisions of Chapters 101 and 171, Florida Statutes. The
ballot will contain the following question:
"SHALL THE AREA DESCRIBED IN ORDINANCE 2009- OF THE CITY
OF OCOEE BE ANNEXED INTO THE CITY OF OCOEE, FLORIDA?"
The ballot used in the referendum shall offer the following choices:
FOR ANNEXATION OF PROPERTY DESCRIBED IN
ORDINANCE 2009- OF THE CITY OF OCOEE
AGAINST ANNEXATION OF PROPERTY DESCRIBED
IN ORDINANCE 2009- OF THE CITY OF OCOEE.
The City Manager and the City Clerk and their respective designees are hereby authorized to take
all steps necessary to effect said referendum.
B. If there is a majority vote in favor of annexation of Rose Hill Phases 2 and
3, the annexation of Rose Hill Phases 2 and 3 shall become effective on September 16,2009. If
there is a majority vote against annexation of Rose Hill Phases 2 and 3, then the annexation of
Rose Hill Phase 2 and 3 shall not become effective and Rose Hill Phases 2 and 3 shall not be the
subject of an annexation ordinance by the City of Ocoee, Florida, for a period of two (2) years
from the date of the referendum on annexation.
Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of Rose Hill Phases 2 and 3 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. Provided a majority of the registered electors of
Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced
in Section 4 above, the corporate territorial limits of the City of Ocoee, Florida, shall be
redefined to include Rose Hill Phases 2 and 3.
Section 7. OFFICIAL MAPS. Provided a majority of the registered electors of Rose
Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in
Section 4 above, the City Clerk shall be authorized and directed to update and supplement
official City maps of the City ofOcoee, Florida, to include Rose Hill Phases 2 and 3.
Section 8. LIABILITY. Provided a majority of the registered electors of Rose Hill
Phases 2 and 3 vote in favor of the annexation pursuant to the referendum referenced in Section 4
above, Rose Hill Phases 2 and 3 and future inhabitants of Rose Hill Phases 2 and 3 shall be liable
ORLA_1314075.2
-3-
for all debts and obligations and shall be subject to all species of taxation, laws, ordinances, and
regulations of the City of Ocoee, Florida, and shall be entitled to the same privileges and benefits
as other areas of the City of Ocoee, Florida. However, Rose Hill Phases 2 and 3 shall not be
subject to municipal ad valorem taxation for the current year if the effective date if the
annexation falls after the City levies such tax.
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.
Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 11. DIRECTION TO CITY CLERK. Provided a majority of the registered
electors of Rose Hill Phases 2 and 3 vote in favor of the annexation pursuant to the referendum
referenced in Section 4 above, the City Clerk shall 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 thirty (30) days from the date of adoption approval
of the annexation of Rose Hill Phases 2 and 3 by a majority of the registered electors of Rose Hill
Phases 2 and 3.
Section 12. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon adoption provided that the annexation of Rose Hill Phases 2 and 3 shall not be
effective unless a majority of the registered electors of Rose Hill Phases 2 and 3 vote in favor of
the annexation pursuant to the referendum referenced in Section 4 above.
ORLA_1314075.2
-4-
ATTEST:
PASSED AND ADOPTED this _ day of
Beth Eikenberry, City Clerk
(SEAL)
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:
ORLA_1314075.2
City Attorney
,2009.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2009 AND
,2009
READ FIRST TIME , 2009
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
-5-
EXHIBIT "A"
LEGAL DESCRIPTION OF AFFECTED PARCEL
(Phase II & III)
LEGAL DESCRIPTION PHASE II
The Northeast % of the Southeast % and a portion of the Southeast % of the Northeast % all in
Section 21, and a portion of the Northwest % of the Southwest % of Section 22, all being in
Township 22 South, Rand 28 East, Orange County, Florida, described as follows:
BEGIN at the West % corner of Section 22; thence South 89049' 35" East along the North line
of the Southwest % of said Section 22, a distance of 43.53 feet to the West boundary of the plat
of ROSE HILL as recorded in Plat Book 13, Pages 128 and 129 of the Public Records of
Orange County, Florida; thence along said West boundary the following three courses: run
South 000 10' 25" West, a distance of 611.55 feet; thence South 19040' 14" West, a distance
of 148.97 feet; thence South 000 38', 44" West, a distance of 569.79 feet to the Southeast
corner of the Northeast % of the Southeast % of Section 21; thence South 890 45' 17" West
along the South line of said Northeast % of the Southeast % of Section 21, a distance of
1332.10 feet to the Southwest corner of said Northeast % of the Southeast % of Section 21;
Thence North 000 26' 31" East along the West line of said Northeast % of the Southeast % of
Section 21; a distance of 1325.37 feet to the Southwest corner of the Southeast % of the
Northeast % of said Section 21; thence North 000 05' 21" East along the West line of said
Southeast % of the Northeast % of Section 21, a distance of 130.88 feet; thence North 890 54'
32" East, a distance of 1336.42 feet to the East line of said Southeast % of the Northeast % of
Section 21; thence South 00003' 39" East along said East line, a distance of 130.92 feet to the
Point of Beginning.
Containing 45.28 acres, more or less.
LEGAL DESCRIPTION PHASE III
That portion of the Southeast % of the Northeast % of Section 21, Township 22 South, Range
28 East, Orange County, Florida, described as follows:
BEGIN at the Northeast corner of Lot 75 of ROSE HILL PHASE II, as recorded in Plat Book 16,
Pages 34 and 35 of the Public Records of Orange County, Florida; thence South 890 54' 32"
West along the North line of said ROSE HILL PHASE II for 1336.42 feet to the West line of the
Southeast % of the Northeast % of Section 21; thence departing aforesaid North line of ROSE
HILL PHASE II, North 00005' 21" East along said West line for 1155.00 feet to the South Right
of Way line of White Road (said Right of Way line lying 30.00 feet South of, when measured at
right angles and parallel with, the North line of said Southeast % of the Northeast % of Section
21); thence North 890 54' 32" East along said South Right of Way line for 1333.40 feet to the
East line of the Northeast % of said Section 21; thence South 00003' 39" East along said East
line for 1155.00 feet to the Point of Beginning.
Containing 35.40 acres, more or less.
ORLA_1314075.2
-6-
~/ll
J
r
H
U
~
I I I I I T II I I I Phase j
IIII~-LI.
111'I'r.::o/~ I I I II I
I I I I I :/\\ It:::: t DTIIIJJ cb\ j
HB~ [::~IM~~ IIII'~~~~ l~
I .........--, 6-1 " /""'---' -IIIIIIT...J-r-.
Phase 2 I I I r/, I L -- _ n
~ ]]1- V I t f- _ r::u.KE ROSE HILI '1I!K1 - tc '1
... ~ J f-- \::=-. ~ f1IPIX 'I'I~ rr
If l=T ~ WA' l1'\i~ ~; ~ .l.. TTI1IT1 I~
~~O&3g ".~,~
~ \ ~ ~~wm.. E I]n ~u'"woo,
~olonial Gl / I I ~. L1J~ .
r:==: ~
'=-~ ~~I ~ ,~ T-i
~ LAKE LOTTA ~ '-'
1n111~ - ~
~ N
C .-
r-
~ ~ ~ 5}-iaIJ J \ f'-,-J !~S~.,;
Q '~~~~gli\ \ <. L_ g, -'~ ~~~'~IEdj';;;~::~--:"":--:>;'_~ERWOOC.
~ ';::u-} ~~ I.-;:J':--r;:::/~j I)
~ ~~~~ \III!\~~--- j~
'-...
c- ~-J #
n
: = \L
~ t
rSl...
-
Copy of Public Hearing Advertisement
Date Published
08 Orlando Sentinel
THURSDI'oY, JUNE 25, ~009
._~~
Advertisement
CITY Of OCOH
NOTICE OF PUBLIC HEARING FOR ROSE Hill
SUBDIVISION PHASE 2 & 3 ANNEXATION
CASE NUMBER: AX.OJ-09-16
NDTICE IS HEREBY GIVEN, pursuant to Subsection 1-10 of the
Citv of Dcoee Land Development Code and Section
171.0413, Florida Statutes, that on TUESDAY, JULY 7;2009 AT 7:15
P.M. or as soon thereafter os practical. the OCOH CITY COM.
MISSION will hold the first of 2 PUBLIC HEARINGS at the Citv
of. Dcoee Commission Chambers, 150 North .Lakeshore
Drive, Ocoee. Florida, to consider the annexation of the
Rose Hill Subdivision Phase 2 & 3, located on the south
side of White Road, opproximotelv '/. mile east of the in.
tersection of White Rood and Clarke Rood.
ORDINANCE NO. 2009-018
AN ORDINANCE OF THE CITY OF ocm. flORIDA. PROVIDING FOR THE
ANNEXATION INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE.
The complete case file. inciuding'a complete legal de.
scription by metes and bounds, moy be inspected at the
Ocoee Development Services Department/Planning Divi.
. sian located at 150 North Lokeshore Drive, Dcoee. Florida
between the hours of 8:00 a.m. and 5:00 p.m., Mondov
through Friday, except legal holidays. (
The 'Ocoee City Commission may continue the public
hearings to other dotes and times, as i.t deems necessary.
Any interested party shall be advised of the dates, times,
and pieces of any continuation of these or continued pub-
lic hearings shall be announced during the hearing and no
further notices regarding these matters wili be published.
You are advised thot any person who desires to appeal
~~id doefc~~~npr~~~eed~tg~hgn~U~:ct~i~a~~nr~~s~i~g~e~e~drf~ t
ensure that a verbatim record of the proceedings is made C
fh~i~hp~~~I~~e~~~~. t~~~~~~Ywft~dd~~igi'PtT:s ~~~i~h~s~ i,
~~~f~cCt th~ ~9~~i~?~;:I~n o~~~eokt~~s~r:~~~ae~nngcSe S~fo~~~ ~
meeting at 407.905.3105. il
o
Beth Eikenberrv, Citv Clerk r,
OLS997447 6!'l5. 7f2, 2009 ~
L