HomeMy WebLinkAboutItem #06 West Colonial Parcel (Walia) - Pulled Indefinitely
ORDINANCE NO.
(Annexation Ordinance for West Colonial Parcel)
T AX PARCEL ID #s 30-22-28-0000-00-002
30-22-28-0000-00-035
CASE NO. AX- - - : West Colonial Parcel
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 6.9 ACRES LOCATED SOUTH OF AND ADJACENT
TO STATE ROAD 50, AND TO THE NORTH OF THE FLORIDA
TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SAID ANNEXATION TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO
THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately 6.9 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 S-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 ofOcoee entered
into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
ORLA_386692.1
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consistent with the JP A Agreement, as amended, and to be in the best interest of the City of
Ocoee and has recommended to the Ocoee City Commission that it approve said annexation
petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. 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 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT" A" ATTACHED HERETO AND BY THIS
REFERENCE MADE APART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
Section 5. 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.
Section 6. CONSISTENCY FINDING. 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, as amended, and meets all of the requirements for annexation set forth
in the Ocoee Comprehensive Plan, the JP A Agreement, and the Ocoee City Code.
ORLA_386692.1
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Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
Section 8. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 9. 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 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. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 12. 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
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE CITY
OF OCOEE, FLORIDA APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
,2009
ADVERTISED AND
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_386692.1
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EXHIBIT" A"
PARCEL 1:
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY FLORIDA, LESS THE FOLLOWING:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
NORTHWEST 1/4; THENCE NORTH 89018'48" EAST ALONG THE NORTH LINE
THEREOF, 330.36 FEET; THENCE SOUTH 00033'58" EAST 105.08 FEET; THENCE
NORTH 87004'30" WEST, 330.98 FEET THENCE NORTH 00033'56" WEST, 84.23 FEET
TO THE POINT OF BEGINNING, EXCEPTING THAT PORTION DEEDED FOR STATE
ROAD 50.
AND
PARCEL 2:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY WHICH LIES
NORTHWESTERLY OF THE SUNSHINE STATE PARKWAY: THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 1/2 OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND LESS THE NORTH 525 FEET
OF THE EAST 3/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 30 AND LESS PART DESCRIBED IN ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 5461, PAGE 2335 MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE DEPARTMENT OF TRANSPORTATION PLATE
MARKING THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE SOUTH 00020'48" EAST, ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30, FOR 661.33 FEET;
THENCE NORTH 89031'31" EAST, 741.79 FEET; THENCE SOUTH 42018'02" EAST 42.60
FEET; THENCE SOUTH 61051'36" EAST 363.86 FEET; THENCE SOUTH 66056'04"
EAST, 252.68 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 66056'04" EAST,
99.75 FEET TO THE POINT OF THE EXISTING NORTHERLY LIMITED ACCESS RIGHT-
OF-WAY OF FLORIDA'S TURNPIKE; THENCE SOUTHWESTERLY AND WESTERLY
ALONG SAID NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR THE
FOLLOWING COURSES AND DISTANCES; THENCE SOUTH 44053'36" WEST; 122.64
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 672.96 FEET AND A CHORD BEARING OF SOUTH 44037'28"
WEST; RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00032'11" A DISTANCE OF 6.30 FEET; THENCE DEPARTING THE
AFORESAID LIMITED ACCESS RIGHT-OF-WAY OF FLORIDA'S TURNPIKE RUN NORTH
00020'40" WEST, 130.45 FEET TO THE POINT OF BEGINNING.
ORLA_386692.1
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ORLA_386692.1
Marshall Farms
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EXHIBIT "B"
Map of Annexed Area
Walia Property
Location Map
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Floridu Turnpike
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ORDINANCE NO.
(Rezoning Ordinance for West Colonial Parcel)
TAX PARCEL 10 #s 30-22-28-0000-00-002
30-22-28-0000-00-035
CASE NO. RZ- - - : West Colonial Parcel
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-3, "GENERAL
COMMERCIAL," ON CERTAIN REAL PROPERTY CONT AINING
APPROXIMATELY 6.9 ACRES LOCATED SOUTH OF AND ADJACENT
TO STATE ROAD 50, AND TO THE NORTH OF THE FLORIDA
TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING
MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 6.9 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee C-3,
"General Commercial;" and
WHEREAS, pursuant to Section S-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 "JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has
the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
ORLA_386695.1
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 6.9 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agriculture," to Ocoee C-3, "General Commercial.;'
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. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 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_386695.1
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
,2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009.
Under Agenda Item No.
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
EXHIBIT" A"
PARCEL 1:
3
ORLA_386695.1
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY FLORIDA, lESS THE FOllOWING:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
NORTHWEST 1/4; THENCE NORTH 89018'48" EAST ALONG THE NORTH LINE
THEREOF, 330.36 FEET; THENCE SOUTH 00033'58" EAST 105.08 FEET; THENCE
NORTH 87004'30" WEST, 330.98 FEET THENCE NORTH 00033'56" WEST, 84.23 FEET
TO THE POINT OF BEGINNING, EXCEPTING THAT PORTION DEEDED FOR STATE
ROAD 50.
AND
PARCEL 2:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY WHICH LIES
NORTHWESTERLY OF THE SUNSHINE STATE PARKYVAY: THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, lESS AND EXCEPT THE WEST 1/2 OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND LESS THE NORTH 525 FEET OF
THE EAST 3/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION
30 AND LESS PART DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL
RECORDS BOOK 5461, PAGE 2335 MORE PARTICULARLY DESCRIBED AS
FOllOWS: COMMENCE AT THE DEPARTMENT OF TRANSPORTATION PLATE
MARKING THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE SOUTH 00020'48" EAST, ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30, FOR 661.33 FEET; THENCE
NORTH 89031'31" EAST, 741.79 FEET; THENCE SOUTH 42018'02" EAST 42.60 FEET;
THENCE SOUTH 61051'36" EAST 363.86 FEET; THENCE SOUTH 66056'04" EAST,
252.68 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 66056'04" EAST, 99.75
FEET TO THE POINT OF THE EXISTING NORTHERLY LIMITED ACCESS RIGHT-OF-
WAY OF FLORIDA'S TURNPIKE; THENCE SOUTHWESTERLY AND WESTERLY ALONG
SAID NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR THE FOllOWING
COURSES AND DISTANCES; THENCE SOUTH 44053'36" WEST; 122.64 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 672.96 FEET AND A CHORD BEARING OF SOUTH 44037'28" WEST; RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 00032'11" A DISTANCE OF 6.30 FEET; THENCE DEPARTING THE AFORESAID
LIMITED ACCESS RIGHT-OF-WAY OF FLORIDA'S TURNPIKE RUN NORTH 00020'40"
WEST, 130.45 FEET TO THE POINT OF BEGINNING.
4
ORLA_386695.1
ORLA_386695.1
Marshall Farms
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EXHIBIT "B"
Map of Rezoned Area
Walia Property
Location Map
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FIoridu Turnpike
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Copy of Public Hearing Advertisement
Date Published
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Orlando Sentinel
THURSDAY, DECEMBER 10, 2009 09
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CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR WEST COLONIAL
PARCEL IWAlIAI ANNEXATION"
, CASE ~NUMBEIl: AX~25 ,. ';
"NOTICE IS HEREBY GIVEN.'pursuant to Subsection'i-l0 and 5-9
of the Ocaee Land Development. Cade. that on TUESOAY.
~~tE~eE~~3lEooe~Tc~~~i~SI~'N ~irl~gl~hgrf3JL"c'" HaE)RI'N~c~i
Ihe City of Ocaee Commission Chambers, 150 North Lake-
share Drive, Ocoee, Florida. to consider the annexation of
'~ two parcels generally located an the south side of West
Colonial Drive. approximately 1.000 feef east of State
;: Road 429. The parcel idenfificatian numbers are 30-22.28.
\.0000,00-035 and,30-22.28~-oo.oo2. I
ORDINANCE NO: zoo9:oo1
OEE. FLORIOA. ANN
OF OCOEE. FLORIOA.
ATELY U
o 50. AND
THE APP
, Walla Property
location Map
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I f the applicant's reqUest is approved, the annexation
would incarPOrale the property into the City of Ocoee.
Pursuant to. Subsection 5-9 A. of the Land Development
Code. the property is contiguous to property already with- ,
in the current City Limits. The properties,ta be annexed
ore within the Ocoee-Orange County Joint Planning Area
,e (JPAI. ond,will not reauire on amendment 10 the JPA
. Agreement. The complete ,case file. including a complete
" legal description ,bv metes and bounds, may be inspected
. .-~:at the Ocoee Development Services Department/Planning
.' Division located at 150 North Lakeshore Drive, Ocoee,
'jFlarido between the hours of 8:00 a.m. 'and 5:00 p.m..
" Monday Ihraugh Friday. except legal holidays. .
i:: 1. ... . f' . ", :;
~ :Th~ City Commission may continue the public hearings to I
. ather dotes ond.times. as ,it ,deems' necessary. Any inler-
.~ ested party shall be advised of the dates. limes, and plac.
es of ony continuation of these ar continued public"hear-
ings shall be announced during the hearing and no further
notices regarding these molters will be published. You
are advlsed.that any person who desires to appeal any de.
cision mode at the public hearings will need a' record 'of
the proceedings and far this purpose may, need to ensure .
that a verbatim record of the proceedings is made which
includes the testimony and evidence upan which the ap.
- peal is based: Persons with disabilities needing assistance
J~I~nrgcLll~~t.~nO~?i~eo~:'Ifo~er;,r~g3~~~~~ ~?~~~ ~~:?ncJ
',at 407.905-3105. - ,
. . '''Beth Eikenberry.,
,j City Clerk
, i D,:,ember 3 & 10. 2009
OLS1036382
1213, i2l10, 2009