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Home My WebLink AboutItem #09a.b. Wild Property Annexation & Rezoning (First Reading of Ordinance) e Center of Good L1 0 0 O AGENDA ITEM STAFF REPORT Meeting Date: December 4, 2012 Item # 964 , b. Reviewed By: Contact Name: J. Antonio Fabre, AICP Department Director: L": //�� Contact Number: 407 - 905 - 3100/1019 City Manager: Subject: Wild (216 1 Street) Annexation and Initial Zoning Project No(s): AX- 09 -12 -36 & RZ- 12 -09 -07 Commission District # 2 — Rosemary Wilsen Background /Summary: General Location: The subject property is located on the west side of 1st Street and approximately 900 feet south of Silver Star Road (SR 438) intersection. Parcel Identification Number(s): 17- 22 -28- 0000 -00 -025 Physical Address: 216 1 Street Property Size: +1- .83 of an acre Actual land use, proposed land use and unique features of the subject property: The subject parcel has one existing Single - Family Residence. The Applicant has requested annexation into the City limits mainly for potable water connection. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction /Future Land Orange County / Low Density City of Ocoee / Low Density Use -Joint Planning Area Residential Residential Land Use Classification (@ Less than 4 dwelling units /acre) (@ Less than 4 dwelling units /acre) Jurisdiction /Zoning Orange County / "R -1" City of Ocoee / "R -1A" Classification "Single- Family Dwelling" "Single- Family Dwelling" The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Orange County / Low Density Orange County / "R -1" Residential East City of Ocoee / Low Density City of Ocoee / "PUD" (Lake Olympia Residential Residential Subdivision) South Orange County / Low Density Orange County / "R -1" Residential West City of Ocoee / Starke Lake Conservation /Floodplains Consistency with State & Local Regulations: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on the eastern adjacent boundary. Joint Planning Area Agreement: 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. City staff is concurrently requesting rezoning of the property to R -1A (Single - Family Dwelling). Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13 -A of the City of Ocoee - Orange County Joint Planning Area Agreement. Rezoning: City staff has requested a City of Ocoee zoning designation of R -1A (Single - Family Dwelling), which is consistent with the zoning of the properties to the North. According to the Land Development Code, the R -1A zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential ". The R -1A zoning designation is consistent with the adopted future land use designation of Low Density Residential, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map. 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 Agreement, and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an enclave in the City it already benefits from City Police and Fire Rescue services via a joint "First Responder" Agreement with Orange County. 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. The land use and initial zoning are also consistent and compatible with surrounding properties. Issue: Should the Mayor and City Commissioners approve the Annexation and the Initial Zoning (R -1A) Ordinances for the Wild Property at 216 1 Street? Development Review Committee (DRC) Recommendation: On November 6, 2012, the DRC met to determine if the proposed annexation and initial zoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and initial zoning for the Wild property. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Wild Property annexation and initial zoning on November 13, 2012. City Staff presented a brief summary and overview of the requested actions. After finishing it's deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the Annexation of the +/ -.83 acre parcel of land known as the "Wild Property" with an Initial Zoning classification of "R -1A ". Staff Recommendation: Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Annexation Ordinance of the +/ -.83 acre parcel of land known as the "Wild Property" (216 1 Street) with an Initial Zoning Ordinance classification of "R -1A ". 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') Public Hearing For Clerk's Dept Use: X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX- 09 -12 -36 & RZ- 12 -09 -07 APPLICANT NAME: Nicholas Wild PROJECT NAME: 216 1ST STREET ANNEXATION AND REZONING 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. I. PLANNING DEPARTMENT J. Antonio Fabre, AICP A. Applicant/Owner 1. Owner (if different from Applicant): Wells Fargo Bank, NA B. Property Location 1. General Location: West side of 1 Street and approximately 900 feet south of Silver Star Road (SR 438) intersection. 2. Parcel Identification Numbers: 17- 22 -28- 0000 -00 -025 3. Street Addresses: 216 1st Street 4. Size of Parcels: +/- .81 of an acre C. Use Characteristics 1. Existing Use: Single - Family Dwelling 2. Proposed Use: Single - Family Dwelling 3. Density / Intensity: N/A 4. Projected Population: 2.99 D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: R -1 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: R -1A E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief Pete McNeil 1. Estimated Response Time: 5 Minutes 2. Distance to Property: 1.99 miles 3. Fire Flow Requirements: 500 gpm III. POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone / Grid / Area: Zone 1 / Grid 105 2. Estimated Response Time: 30 seconds for emergencies 3. Distance to Property: Distance from Police Station is Approx. 2 miles. 4. Average Travel Time 4 minute normal drive time Page 1 of 3 Applicant Name: Nicholas Wild Project Name: 216 1st Street Annexation and Rezoning Case #: AX- 09 -12 -36 & RZ- 12 -09 -07 IV. ECONOMIC VALUE J. Antonio Fabre, AICP 1. Property Appraiser Taxable Value: $185,026 2. Property Appraiser Just Value $185,026 3. Estimated City Ad Valorem Taxes: $1,082 4. Anticipated Licenses & Permits: N/A 5. Potential Impact Fees: N/A 6. Total Project Revenues: N/A V. BUILDING DEPARTMENT J. Antonio Fabre, AICP 1. Within the 100 -year Flood Plain: Yes (Partial) VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of 12" water main on the eastern adjacent property line. Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: No 3. Extension Needed: No 4. Location and Size of N/A Nearest Force Main: 5. Annexation Agreement Needed: No, Applicant will use on -site septic. C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: Nicholas Wild Project Name: 216 1st Street Annexation and Rezoning Case #: AX- 09 -12 -36 & RZ- 12 -09 -07 VII. TRANSPORTATION J. Antonio Fabre, AICP 1. Paved Access: No (Existing unimproved roadway) 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 568 VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks / Recreation: At this time, adequate water /sewer capacity exists. C. Water / Sewer: N/A D. Stormwater: At this time, adequate solid waste capacity exists. E. Solid Waste: No impact fees will be assessed. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments The subject parcel has one existing Single - Family Residence. No development proposal is planned at this time. The Applicant has requested annexation into the City limits mainly for potable water connection. X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 Wild Location Map .4 0 _ 2 MI 2 pin ORM _ e tw i SP•0" 0 7.1 MIN r # Oar LAKE STARKE mow a SAN ‘ I *vit 4 s 40,40 ibf A L. k 0 at% •■-s. l k PlitIMINEMBINF W 1 04 1 - I r'\ , Surrounding Future Land use ir e C e yttet of Good L tv/ t j , -i4 ` 111 il 3 coE P L .ENE ... "' . . = ' C a!�1� 1 Zii 1 11 . M� I E , • Ocoee Community Development Department ' ~ S1 — IN 1191111 i..�, j 1 inch = 600 feet 200100 0 200 400 600 Feet Vll 111 MIN lij VIM e I ' . 11114 bt 4111IP *W 14 1.1111r . i • Iwo I I l owNeld PN RI* * $W Wir. ` adl■ 0 A MI Property Milw Ik4 blA � `a, ' d MO Density Residential LAKE STARKE ��, Will wit Medium Density Residential 1 High Density Residential • Ai Mk LAKE OLYMPIA 1 Professional Offices and Services a 1 Commercial MIMI 1 Light Industrial 1 Heavy Industrial 1 Conservation/Floodplains ,\■ Recreation and Open Space ' ♦ t t 1 Public Facilities /Institutional �. 4.b+ ,� 4 ..�' , Lakes and Water Bodies 1 �� n ' '� o '2 ail . . . AY ha. Alm 0 I 4 fti � � s Imo, - , •711FM ' OV°... filfirnirvirillarEal a 11111 A ore eft 011: swill Wild Surround Zon Map 0 ire C of Good LI ` � L , - , 4 . 1 - -cr : :17. _ �_* ■ Uri" Ocoee Community Development —_ . N M N Department 1 inch = 600 feet 200100 0 200 400 600 Feet ,. -'{` "' ' y+7W,+rYW 4.n} Z ' ;: ' iim 0':;; ...; r }fi r , . , ti t -. w4 :;G`_ '`� 1 Q Subject Property Q. A . ti Zoning Classification: IOW LAKE STARKE General Agricultural (A -1) Suburban (A -2)x . ' LAKE OLYMPIA �� ' Single - Family Dwelling (R -1AAA) : V;; r ' = r = J s' Single - Family Dwelling (R -1AA) 1 a'4'"'' Single - Family Dwelling (R-1A) ` Single - Family Dwelling (R -1) . ` i One & Two - Family Dwelling (R -2) ` r MN Multiple - Family Dwelling (R -3) ♦ h ti` . ., MI Mobile Home Subdivision (RT -1) R - ,� r MI Professional Offices & Services (P -S) • • Neighborhood Shopping (C -1) ..trimmill r ti , ;_ } � .. MN Community Commercial C -2 tO, ': ,t,. General Commercial (C -3) & �r �_ „ ` �` ` ` "� ” 0 Am Restricted Manufacturin x ® & Warehousing (I -1) �� o !;! =w'� ` v- �..., I. General Industrial (I -2) v% •. IMF �� °� ■ I giN Commercial (PUD) k • . r„ligrom��ussw',i��TI • '' k L Low Density (PUD) . � '. . �flip! `�,�.�``M �I M 2; EN Medium Density (PUD) .`i. .� A EN High Density (PUD) Public Use (PUD) •. = , �• - �. , 0- list � .� • . •.• 0- .. 1111111k -• ** 00 4 � / / /Unclassified _ Lakes and Water Bodies �� — i • J -T,= . 4 y f . - \ dt ' / r ..,,,aa / // . l '. ( , i Jr r 7 "` t I Ilk • a; ni _ A '' : a. 111 iv 1 � ,._ 1st_.st (DV) V+0" : r"---"r"--.1/4'" . r, r -- i ii.„, 447 ........... n ._,,, 2 , • Q � y t4, * '* • , I t , . , l rk d.' • ' * 4 i it ,‘.0.:,,,..-,.,„ -----_? ,___. . \ .,,v, , 00.....asdhm , ..... ,.. + .,1 1 �R dam#' �� • s j S,n. # ,... ,,,,,, . , ..., , ........_ „..... __,....... 6- ilk, u 1 'y Y + n e t r 1 t"' 4,7 +. ,„ 1 - n . ,gin l , \ ' : \ ,t 7 „ ue ,' � �� '" N r` ii f 4 i... ..*, /, , ......" v it ...,,s . * - r 4}, 1,d ,t o ... . � p b, i u. r ORDINANCE NO. 2012-018 (Annexation Ordinance For Wild Parcel) TAX PARCEL ID #s 17- 22 -28- 0000 -00 -025; CASE NO. AX- 09- 12 -36: Wild Parcel Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY .83 OF AN ACRE, LOCATED ON THE EAST SIDE OF 1 STREET, APPROXIMATELY 900 FEET SOUTH OF SILVER STAR ROAD; 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 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 .83 acre of property as more particularly described in Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said application 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 1 -10 of Article I 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 "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 consistent with the JPA 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 -1- 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. Authority. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the 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" (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. 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. 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 JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA 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. -2- SECTION 8. Liability. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. SECTION 9. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. Severabilitv. 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 , 2012. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED AND READ FIRST TIME , 2012. READ SECOND TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. -3- EXHIBIT "A" LEGAL DESCRIPTION: THE NORTH 83 FEET OF THE SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING EAST OF STARKE LAKE, ORANGE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTHERLY ALONG THE EAST LINE OF THE SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, FOR A DISTANCE OF 83 FEET; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17 FOR A DISTANCE OF 434 FEET, MORE OR LESS, TO THE WATERLINE OF STARKE LAKE; THENCE NORTHERLY ALONG SAID WATERLINE FOR A DISTANCE OF 83 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE SAID SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17; THENCE EASTERLY ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 441 FEET, MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.83 ACRES OF LAND, MORE OR LESS. -4- EXHIBIT "B" Wild Location Map e ilL WIN amp 14,* (Am • - ad* d o. am POMO LAKE STARKE immure Ii 11 st 6 1 61 4' 47 1.4111 1 tati AlLilllt se c �4 �� ■ • doh mi d Mil -IMMO li130.4 ; I.. f laiNauuuIIuuIl Iuumi .' � t E -5- ORDINANCE NO. 2012-019 (Rezoning Ordinance For Wild Parcel) TAX PARCEL ID # 17- 22 -28- 0000 -00 -025; CASE NO RZ- 12- 09 -07: Wild Parcel Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R -1, "RESIDENTIAL DISTRICT" TO OCOEE R -1A, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY .83 OF AN ACRE, LOCATED ON THE EAST SIDE OF 1 STREET, APPROXIMATELY 900 FEET SOUTH 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 i 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 .83 acre, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R -1, "Residential District," to Ocoee R -1A, "Single Family Dwelling;" and WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement "); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; 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; } WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ( "PZC "); WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and fmd it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Rezoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission 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 .83 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R -1, "Residential District," to Ocoee R - 1A, "Single Family Dwelling;" SECTION 3. MAP. A map of said land herein described, which clearly shows the area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby fmds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the JPA 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. 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. 2 SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2012. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2012 READ FIRST TIME , 2012. READ SECOND TIME AND ADOPTED , 2012 UNDER AGENDA ITEM NO. 3 fr EXHIBIT "A" LEGAL DESCRIPTION: THE NORTH 83 FEET OF THE SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING EAST OF STARKE LAKE, ORANGE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN SOUTHERLY ALONG THE EAST LINE OF THE SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, FOR A DISTANCE OF 83 FEET; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17 FOR A DISTANCE OF 434 FEET, MORE OR LESS, TO THE WATERLINE OF STARKE LAKE; THENCE NORTHERLY ALONG SAID WATERLINE FOR A DISTANCE OF 83 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE SAID SOUTH 415 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17; THENCE EASTERLY ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 441 FEET, MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.83 ACRES OF LAND, MORE OR LESS. 1 E' Sr` 4 EXHIBIT "B" Wild Location Map lO i� ffy � O — 'O ib•* 1/1 41111111p*. 447 i Now itt 1 0 A —45 IP LAKE ST.4RKE � � � off ammint* 6 o � AANI-E 4M4 &Mgr es* wipe P i II' rRi> gal Nair o o i t ■�N �M � oE k e • _ _