HomeMy WebLinkAboutItem #08 Park Square - First Reading of Ordinance
/'
/
center of Good 1.1
~~
AGENDA ITEM STAFF REPORT
Meeting Date: October 5,2010
Item #
<6
Reviewed By:
Department Director:
City Manager:
Contact Name:
Contact Number:
J. Antonio Fabre, AICP
407 -905-3100/1019
Subject:
Park Square Home Property
Annexation and Initial Zoning
Project No(s): AX-04-10-20 & RZ-10-04-03
Commission District # 3 - Rusty Johnson
Backaround/Summarv:
General Location: The property is located on the north side of Roberson Road approximately 627 feet east of
Tomyn Boulevard intersection.
Parcel Identification Number(s): 31-22-28-0000-00-005
Physical Address: 11801 Roberson Road
Property Size: 17.17 +/-acres
Actual land use. proposed land use and unique features of the subiect property: The subject property consists of
a vacant and undeveloped land fronting on Roberson Road. Portion of the site is designated as
Conservation/Floodplains on the Future Land Use Map. The proposed residential land use is consistent with the
existing Future Land Use designation. It should be noted that an abandon residential structure will be demolished
prior to annexation.
The table below references future land use, jurisdiction and zoning classification of the subject property:
CURRENT
JPA Future Land Use Classification
Low Density Residential &
Conservation/Flood lains
Jurisdiction / Zonin Classification
Orange County / A-I "General Agriculture"
PROPOSED
Low Density Residential &
Conservation/Flood lains
City ofOcoee / R-IAA "Single-Family Dwelling"
The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the
surrounding parcels:
DIRECTION:
JPA FUTURE LAND USE / JURISDICTION
EXISTING LAND USE / ZONING
East
Agriculture / A-I "Agriculture"
North
Residential / PUD "Planned Unit Development"
South
West
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 eastern 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...." 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... "
School Capacity Enhancement Aoreement(s): The applicant has submitted a CEA & Common Law Vesting
approval letter from Orange County Concurrency Management, dated March 31, 2009, for the subject property in
order to handle school capacity and concurrency compliance.
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 (See attached "Annexation Feasibility Analysis"). Should the property owner choose to develop the
property in the future; however, they will be required to make certain improvements in accordance with the Land
Development Code.
Summary: 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 Low Density
Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is
requesting an initial City zoning classification of R-1AA "Single-Family Dwelling" for the subject parcel.
Furthermore, the Applicant has expressed that the subject property would either develop as a residential
subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the
requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the
western adjacent parcel are in the process of requesting annexation into the City's corporate limits.
Issue:
Should the Mayor and City Commissioners approve the Annexation and the Initial Zoning (R-1AA) for the Park
Square Property?
Development Review Committee (DRC) Recommendation:
On August 31,2010, 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 extension of future utilities and right-of-way
dedication. However, it was determined that the proposed Annexation Agreement would more adequately
address these concerns. Finally, the Applicant felt confident that the Title Report for the property will be finalized
before the final City Commission meeting. When the discussion was finished, the DRC voted unanimously to
recommend approval of the annexation and initial zoning for the Park Square property.
Plannina & Zonina Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed Park Square Property's annexation and initial
zoning on September 14, 2010. City Staff presented a brief summary and overview of the requested actions. City
Staff answered several questions regarding the possible use of the property and the reasons for the requested
annexation. All of these questions were addressed adequately in the P&Z meeting. There was no one from the
public to speak regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted
unanimously to recommend approval of the Annexation of the +/-17.17 acres parcel of land known as the "Park
Square Property" with an Initial Zoning classification of "R-1AA".
Staff Recommendation:
Based on the recommendation of the ORC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation Ordinance of the +/-17.17 acres parcel of land known as
the "Park Square Property" with an Initial Zoning Ordinance classification of "R-1AA".
Attachments:
Annexation Feasibility Analysis
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance.
Financial Impact:
None.
Type of Item: (please mark with an "x'j
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat 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 Oept.
Reviewed by ( )
N/A
X N/A
N/A
C:\Documents and Settings\szink\Local Settings\Temporary Internet Files\OLK127\AF CC 10-05-10 Report Park Square Property
AnnexRezone.doc
~ _ '"', /0f
~ d;Y/;d:,);:'
/ ~:;;/,;/0;;':;
~--:/;/>~
-:'/"':/ ../?/
/~~--;::./..
;::? ;/"
e
C-
eo
:E
Q)
~tn
~:J
Q)"'C
C-c
o eo
~..J
a..Q)
Q) ~
~ ~
eo....
~ ~
C'"LL
UJC)
~c
~ .-
eo"'C
a.. c
~
o
~
~
~
UJ
~~
~
~
q:
_____________ -J
- f\"'-.-,--_
E
Q)
E
c.
o
]
Q) -
o ~
>-E
"'t
c: ..
" c.
E Q)
EO
o
()
~
~ ~
... u..
<D 0
<D ..,
~ <D
<D
<0
<D 0
<D '"
III ..,.
10
~
.<:
o
.5
o
o
N
'-
Q)
.I::l
E
Q)
a.
Q)
en
i:i
2
r:::
.;::
a.
Ul
~
'2 <1l_
('('J <1l () ('('J
:;::; C/) Ul('('JC:
C:-"tJ c:c..OUl
~ Ul ro <1l .~ c: .- C/) :;::; .!E
o <1l .- "tJ .... ('('J ~ "tJ
....... +:; 'E .- c: ro c.. c: :=: 0
'E ro <1l :G ~ :G "0 ~ 1il co
<1l c..:2 0::: .- () 0 0 E .....
t-.- Ul Ul _ _ 0 -. Q)
~ .S:! <1l >. <1l lE ('('J u:: "tJ Ul .....
"tJ c: 0::: .'!: 0::: 0 -;;:;.;:: -. c: <1l co
<1l ~ Ul .... .... c: .- >
Q) .... """ >. c: >. - _ 'C Ul 0 ('('J ::=: >
a. ('('J ..::: .... <1l ::: ('('J ('('J 1il ~ .- c: '0 "tJ
eo..... 'w 0 ~ 5 '0 ~ -g 10 0 ('('J c:
a.. e- ~ c: E <1l 'w Q) "tJ - c: :;::; L.L. co
tioo....~ ~o Ul EE >'<1l111 () Ul
.~ g '5 .s=. ~ E E ~ ~ t; :B ~
.I::l .c"tJ 3: <1l 01 0 0 01 <1l 0 <1l ~ ('('J
~;:)lij.3~IC::<">:.:iJ:<">O:::a......J
IJ III LJIIIIIIIII
CD
c.
~n:s
~:E
(1)C)
c.s:::::
0.-
I.. s:::::
Q. 0
(1)N
I..C)
n:s s:::::
::::s ._
C'""C
ens:::::
~ ::::s
I.. 0
n:s I..
Q.~
en
or-
I
<(
-. - "------.
~~~-\, ---
~__1"'1 --:-----~
==-'/ ! frr= -
~. /dl'{~~.~-----'---
~~~_, '/I!~~~ c '. -
-==:::'':57-, '-~ _____-
~-=':-:-=-Be;-' ./ h~--'::'-==~-==="'~--=>~ '
'-. -= =--~~~-ajelS -.",= ~ -- -- -
J!<< ~
~~""'"
~
~
-
~::-::::.:~ -
c
Q)
E
c.
o
Qi
>
Q) -
o &i
~E
.- t::
c: co
~ c.
E Q)
EO
o
U
Q)
Q)
o
o
o
Cii
I
- a..
?~- ~_~i-
:;{ <( <( - OJ '7 0::: .~ '"7 ~
'"7 '"7 '"7 '"7 .~ 0::: - ~ () () _
- O:::O:::O:::O:::=-CQ)--M
~(/) '"7 ----Q) OJOCJ) OJ-ro()' g> (/)Q)
A' OJ OJ OJ OJ :;: ,~ '00 C._ .-
,g ~ ~ C C ceO = .- 06 '0. u - ::; N 5' "0
.... - .- .- .- .- Q) > (/) 0. .... ro ...... - ...!.. ::> _ 0
....ro ro ====>-:;:~Q)oQ)-u~---a..O m
~o. ::; ~~~~=EO~u~E~~...!..roOO-::>- ....
~-~'c''''''' 0000 -ECJ)EQ)::J-'c::>::>>-a..O Q)
~~Q)C03N ro>-CJ)O_OECroOJc......(/)a.._a..-~(/)-::>a.. ro
~ UI~~~>-lJ..=Q) ~()
Q) ...... -' .- <(.::=:'.::=:' ~ 'E 0 E "",,'w::J >.. C Z- - "0 i
g. ~ ~ ro'~ 'E 'E E E 0 E ro 0 Z- 0 .:::: ::J "0 ro ~- Q) '00 Q) Q)
.... 0 .... .g <( ~ ro ro ro ro ~ ~ IO 5 -E .- () "0 0 C '0 (/) 0 C (/) ~ "0
a..~~'oo-rolJ..lJ..lJ..lJ.. ~ ~o~ro$~ro~~EQ)::>~~
uo......(/)ro.o " "o6-Q)(/)'OE....u........EO 0 (/)
Q)ucoro~::;~OJ~~OJ~OJlg~'O-~~EQ)EsroQ)E~~~~~~
:0 "0 ()- C.o~' Q) - 0 .- C (/) C :> ~Q) OJ.o u ..l<:
::J 'c Q) ::J C C C C C ::J 0 Q) 0 Q) Q) Q) 0 0 ::J C ro
CJ)::>~OJ~CJ)~~~~O~~~Z()~O:::o6~()~~Ia..::>~
D m ~ I l~I.IIIIIIIIBmB61~
Q;
~ af
~ 0
I'- Ol
<0 <0
<0
<0
<0
<0 0
to <0
<0 '<t
<0
'"
'iii 0
~ '"
g '"
.s;:
o
.S
o
..-
o
N
Q;
.0
E
Q)
a.
Q)
C/)
"C
Q)
c
'C
a..
G
o
'"
~
o
'"
'"
< . I ..'
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX-04-10-20 and RZ-10-04-03
ApPLICANT NAME: Vishaal Gupta
PROJECT NAME: PARK SQUARE PROPERTY
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
J. Antonio Fabre, AICP I
VIVEK WELFARE AND EDUCATIONAL FOUNDATION INC
B. Property Location
1. General Location:
2. Parcel Identification Number:
3. Street Address:
4. Size of Parcel:
On the north side of Roberson Road approximately
627 feet east of Tom n Boulevard.
31-22-28-0000-00- 005
11801 Roberson Road
17.17
C.
Vacant
Residential
Max 4 dwellin units per acre.
Unknown at this time.
D.
Rural & Conservation
A-1
Low Densit Residential & Conservation/Flood lains
R 1-AA
E.
Yes.
Yes.
III. FIRE DEPARTMENT Chief Pete McNeil
1. Estimated Response Time: 3 to 5 Minutes
2. Distance to Property: 1.1 Miles
3. Fire Flow Reauirements: 500 GPM
1111. POLICE DEPARTMENT Chief Charles Brown
1. Police Patrol Zone I Grid I Area: Zone 3 / Grid 7/ Wesmere Cheshire Woods
2. Estimated ResDonse Time: 2.5 minutes
3. Distance to ProDerty: 2.63 miles
4. Average Travel Time 5.0 minutes
Page 1 of 3
Applicant Name: Vishaal Gupta
Project Name: Park Square Property
Case #: AX-04-10-20 and RZ-10-04-03
6. Total Pro'ect Revenues:
J. Antonio Fabre, AICP
Orange County Property Appraiser 5-26-2010 I $665,935
Orange County Property Appraiser 5-26-2010 1$2,110,421
Unknown at this time.
Unknown at this time.
These will be assessed when buildi ng permits are
ulled.
Unknown at this time.
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
J. Antonio Fabre, AICP
Yes.
VI. UTILITIES
A. Potable Water
1. In Ocoee Service Area:
2. Ci Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
David Wheeler, P.E.
Yes.
Yes.
Yes.
12" WM on Roberson Road at Wesmere Parkway.
B. Sanita Sewer
1. In Ocoee Service Area:
2. Ci Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation A reement Needed:
Yes.
Yes.
Yes.
8" Gravity at Wesmere Parkway and Kirkhill Street.
Yes.
I C. Other
1. Utility Easem ent Needed: TBD.
2. Private Lift Station Needed: No (Public).
3. Well Protection Area Needed: N/A.
I VII. TRANSPORT A TION J. Antonio Fabre, AICP
1. Paved Access: Yes.
2. ROW Dedication: Yes.
3. Traffic Study: No.
4. Traffic Analysis Zone: 629
Page 2 of 3
Applicant Name: Vishaal Gupta
Project Name: Park Square Property
Case #: AX-04-10-20 and RZ-10-04-03
VIII. PRELIMINARY 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 I 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 I an 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 plan
a roval rocess.
Actual impact fees will be calculated during iss uance of a Building Perm it.
C. Water I Sewer:
E. Solid Waste:
F. 1m act Fees:
Per the Interlocal Agreement between OCPS and the City of Ocoee, and
G. Public School applicable FL Statutes; the applicant will be required to obtain a School
Concurrency Certificate prior to the approval of a Preliminary Plat or
Functional E uivalent, which the Cit considers to be a Final Subdivision Plan.
I IX. SITE SPECIFIC ISSUES J. Antonio Fabre, AICP I
The Applicant has indicated that the property will either develop as a residential subdivision or
as an Adult Congregate Living Facility (ACLF). The requested R1-AA zoning district allows for
an ACLF as a permitted use (LDC, Article V, Table 5-1).
Ix. CONSISTENCY WITH STATE REGULATIONS:
J. Antonio Fabre, AICP I
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 eastern 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
ORDINANCE NO. 2010-028
(Annexation Ordinance for Park Square)
TAX PARCEL ID: 31-22-28-0000-00-005
CASE NO. AX-04-10-20: PARK SQUARE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERT AIN REAL PROPERTY CONT AINING
APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND
ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE
ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; 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 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 17.17 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, which agreement has from time to time been amended by
Orange County and the City ofOcoee (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_ 1629681 .1
-1-
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
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 lP A Agreement, as amended, 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 7. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
ORLA_1629681.1
-2-
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 become effective ten (10)
days after its 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 effective date.
ORLA_1629681 .1
-3-
PASSED AND ADOPTED this _ day of
ATTEST:
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
,2010
FOLEY & LARDNER LLP
By:
ORLA_1629681.1
City Attorney
,2010.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED AND
READ FIRST TIME ,2010.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
-4-
EXHIBIT "A"
Legal Description:
A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida.
Said portion of land being more particularly described as follows:
Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31,
per the Plat of Cheshire Woods, Plat Book 37, Page 148, City ofOcoee, Orange County, Florida; thence
run North 00034'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson
Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said
right of way, North 89046'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of
Jay Laxmi Enterprises LLC, Official Records Book 9684, Page 213 I; thence run northerly along said
easterly line, North 00034'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxmi
Enterprises LLC; thence continue North 00034'28" East, a distance of 465.00 feet to a point on the
Southerly Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run
easterly along said southerly line, South 89046'24" East, a distance of 660.00 feet to a point on the
Westerly Boundary Line of Tract D, per the Plat of Cresentlake, Plat Book 36, Pages 46-47, City of
Ocoee, Orange County, Florida; thence run southerly along said westerly line, South 00034'28" West, a
distance of 260.4 7 feet to the Southwest corner of said Tract D; thence continue South 00034'28" West,
along the Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of 864.53 feet
to the Point of Beginning.
Said lands contain 17.045 acres or 742,486 square feet, more or less.
ORLA_1629681.1
-5-
EXHIBIT "B"
Park Square
Location Map
~}/fJ7
ORLA_1629681.1
-6-
ORDINANCE NO. 2010-029
(Rezoning Ordinance for Park Square)
TAX PARCEL ID #s 31-22-28-0000-00-005;
CASE NO. RZ-I0-04-03: PARK SQUARE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE R-IAA, "SINGLE FAMILY"
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y
17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON
ROAD AND EAST OF WINDERMERE 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 annexed into
the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. ,
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 17.17 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 R-
lAA, "Single Family;" 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 "JP A Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A 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_1629684.1
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 September 14,2010, 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 , 2010 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 17.17 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agricultural" to Ocoee R-IAA, "Single Family."
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
JP 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_1629684.1
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 become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this _ day of
,2010.
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 ,2010
ADVERTISED ,2010
READ FIRST TIME ,2010.
READ SECOND TIME AND ADOPTED
,2010 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
EXHIBIT "A"
Legal Description:
A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida.
Said portion of land being more particularly described as follows:
3
ORLA_1629684.1
Commence at the Southwest comer of the East 1/2 of the Northwest 1/4 of aforementioned Section 31,
per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida; thence
run North 00034'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson
Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said right
of way, North 89046'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of Jay
Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run northerly along said easterly
line, North 00034'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxm i Enterprises
LLC; thence continue North 00034'28" East, a distance of 465.00 feet to a point on the Southerly
Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run easterly
along said southerly line, South 89046'24" East, a distance of 660.00 feet to a point on the Westerly
Boundary Line of Tract D, per the Plat ofCresentlake, Plat Book 36, Pages 46-47, City ofOcoee, Orange
County, Florida; thence run southerly along said westerly line, South 00034'28" West, a distance of
260.47 feet to the Southwest comer of said Tract D; thence continue South 00034'28" West, along the
Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of864.53 feet to the Point
of Beginning.
Said lands contain 17.045 acres or 742,486 square feet, more or less.
4
ORLA_1629684.1
,---
EXHIBIT "B"
Park Square
Location Map
,../._' ..1"..'
,,'( /,'
~)V
ORLA_1629684.1
5