HomeMy WebLinkAboutItem #11 a.b.c. BarkeritavilleWN X
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AGENDA ITEM COVER SHEET
Meeting Date: September 17, 2013
Contact Name:
Contact Number
Item #
Mike Rumer�'
Reviewed By:
Department Director:
City Manager:
(407) 905 -3100 x 1018
Subject: Barkeritaville (763 Windermere Road)
Annexation and Initial Zoning, Small Scale Comp Plan Amendment
Project No(s): AX- 08- 13-41, RZ- 13 -08 -07 & CPA - 2013 -002
Commission District #3 — Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinances for annexation and Initial Zoning
(PUD) for the Simmons Barkeritaville PUD Property?
BACKGROUND:
General Location The subject property is located on the east side of Tomyn Boulevard, approximately 1,230
feet north of the intersection of Roberson Road and Windermere/ Tomyn Boulevard.
Parcel Identification Number(s 31- 22 -28- 0000 -00 -004 and 31- 22 -28- 0000 -00 -003
Physical Address: 763 Windermere Road
Property Size +/- 14.31 acres
Actual land use, proposed land use and unique features of the subject property: The subject parcel is currently
vacant and contains one (1) garage building. The Applicant has requested annexation into the City limits 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 / Commercial
Use -Joint Planning Area
Residential
Land Use Classification
(@ Less than 4 dwelling units /acre)
Jurisdiction /Zoning
Orange County / "A -1"
City of Ocoee / "PUD"
Classification
"Agriculture"
"Planned Unit Development"
+ y Con7missicn Meeting Date: September 17, 2013
Project: Barkentaville PUD
Project Nurnber(sj: AX- 08 -13 -41 & RZ- 13 -08 -07
The current future land use and zoning classifications of the surrounding properties:
DIRECTION:
CURRENT FUTURE LAND USE
CURRENT ZONING
North
Orange County / Low Density
Residential
Orange County / "A -1"
East
City of Ocoee / Conservation
City of Ocoee / Residential PUD
South
Orange County/ City of Ocoee/
Low Density Residential
City of Ocoee / "R -1A
Orange Count / "A -1"
West
Tomyn Blvd / SR 429
R -O -W, Tomyn Blvd/ SR 429
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. The applicant is
concurrently requesting rezoning of the property to PUD )Planned Unit Development. 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 The applicant has requested a City of Ocoee zoning designation of PUD (Planned Unit Development)
Commercial. According to the Land Development Code, the PUD Commercial zoning designation is intended
for areas shown on the Future Land Use Map as "Commercial ". The PUD Commercial zoning designation is
consistent with the adopted future land use designation of Commercial, 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 Citv's Comprehensive Plan, the JPA Agreement, and the Citv's Annexation Policv...."
[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 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.
2
C!tr Commission Meeting Date. September 17, 2013
Project: Barkeritaville PUD
Project Number(s): AX- 08 -13 -41 & RZ- 13 -08 -07
Development Review Committee (DRC) Recommendation:
The Development Review Committee (DRC) met on September 4, 2013, and reviewed the Proposed Annexation
and PUD Rezoning and PUD Land Use Plan. No additional concerns were addressed, and the DRC voted
unanimously to recommend approval of the Small Scale Comprehensive Plan amendment, annexation, rezoning
to PUD and the PUD Land Use Plan for Barkeritaville PUD subject to addressing all final comments.
Planninq & Zoning Commission Recommendation:
The Planning and Zoning Commission will review the project at its September 10, 2013 meeting. A
recommendation and comments will be attached to the public hearing staff report.
Recommendations
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Honorable Mayor and City Commissioners approve the ordinances for annexation, small scale comp plan
amendment, rezoning to PUD and the PUD Land Use plan of the +/- 14.31 acre parcel of land known as the
"Barkeritaville PUD" property with an Initial Zoning Ordinance classification of "PUD ".
Attachments:
Annexation Feasibility Analysis
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance
Small Scale Comprehensive Plan Amendment Ordinance
Land Use Plan
Financial Impact: None
None
Type of Item: (please mark with an z )
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
Reviewed by Finance Dept.
Reviewed by Q
N/A
N/A
N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX- 08 -13 -41 & RZ- 13 -08 -07
APPLICANT NAME: Ken Simmons
PROJECT NAME: BARKERITAVILLE 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 Michael Rumer
A. Applicant/Owner
1. Owner (if different from Applicant): Guilda Nolen
B. Property Location
1.
General Location:
East side of Tomyn Boulevard, approximately 1,230
feet north of the intersection of Roberson Road and
Windermere/ Tom n Boulevard.
2.
Parcel Identification Numbers:
31- 22 -28- 0000 -00 -004
3.
Street Addresses:
763 Windermere Road
4.
Size of Parcels:
+/- 14.31 acre
C. Use Characteristics
1.
Existin Use:
Agriculture
2.
Proposed Use:
PUD Commercial
3.
Density / Intensity:
N/A
4.
Projected Population:
N/A
D. Zoning and Land Use
I.
Orange County Future Land Use:
Commercial
2.
Orange County Zoning:
A -1
3.
Existing Ocoee Future Land Use:
Commercial
4.
Proposed Ocoee Zoning:
PUD
E. Consistencv
C
C
1.
Joint Planning Area
Yes
2.
Comprehensive Plan:
I Yes
FIRE DEPARTMENT Chief Pete McNeil
1. Estimated Response Time:
2 minutes
2. Distance to Property:
Station 39 (Maguire Rd) is 1.5 miles
3. Fire Flow Requirements:
2,000 gpm
POLICE DEPARTMENT Chief Charlie Brown
1. Police Patrol Zone / Grid / Area:
Zone 3 / Grid 20
2. Estimated Response Time:
1.5
3. Distance to Property:
Distance from Police Station is Approx. 2.5 miles.
Page 1 of 3
Applicant Name: Ken Simmons
Project Name: Barkeritaville Annexation and Rezoning
Case #: AX- 08 -13 -41 & RZ- 13 -08 -07
4. Average Travel Time 12 minute normal drive time
I IV. ECONOMIC VALUE Michael Rumer
1. Property Appraiser Taxable Value: 1 $327,662
2.
Property Appraiser Just Value
$327,662
3.
Estimated City Ad Valorem Taxes:
N/A
4.
Anticipated Licenses & Permits:
N/A
5.
Potential Impact Fees:
N/A
6.
Total Project Revenues:
N/A
V. BUILDING DEPARTMENT Michael Rumer
1. Within the 100 -vear Flood Plain: YES (FEMA 2009)
VI. UTILITIES David Wheeler, P.E.
1. Utility Easement Needed:
A. Potable Water
In Ocoee Service Area:
1. In Ocoee Service Area:
Yes
City Capable of Serving Area:
2. City Capable of Serving Area:
Yes
Extension Needed:
3. Extension Needed:
Yes
Location and Size of
Nearest Force Main:
4. Location and Size of
Nearest Water Main:
8" water main % mile north of property.
I B.
C.
Sanitary Sewer
1. Utility Easement Needed:
1.
In Ocoee Service Area:
Yes
2.
City Capable of Serving Area:
Yes
3.
Extension Needed:
Yes
4.
Location and Size of
Nearest Force Main:
8" force main
5.
Annexation Agreement Needed:
Yes
Other
1. Utility Easement Needed:
Yes
2. Private Lift Station Needed:
No
3. Well Protection Area Needed:
No
Page 2 of 3
Applicant Name: Ken Simmons
Project Name: Barkeritaville Annexation and Rezoning
Case M AX -08 -13-41 & RZ- 13 -08 -07
VII.
TRANSPORTATION Michael Rumer
1. Paved Access:
Yes
2. ROW Dedication:
No
3. Traffic Study:
No
4. Traffic Analysis Zone:
568
. PRELIMINARY CONCURRENCY
EVALUATION Michael Rumer
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 as an agricultural use. A PUD and PUD Land Use Plan is
being proposed at this time. The Applicant has requested annexation into the City limits mainly
for potable water and sewer connection.
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer
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
763 Windermere Road
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ORDINANCE NO.
(Annexation Ordinance for Barkeritaville)
TAX PARCEL ID: 31- 22 -28- 0000 -00 -003
31-22-28-0000-00-004
CASE NO. AX- 08- 13 -41: Barkeritaville
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 14.31 ACRES LOCATED ON THE EAST SIDE OF
TOMYN ROAD AND THE NORTH SIDE OF ROBERSON 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 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 14.31 acres of property, as more particularly described in Exhibit "A"
hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5 -9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which agreement has from time to time been amended by
Orange County and the City of Ocoee (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
-1-
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
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 A PART 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 JPA Agreement, as amended, and meets all of the requirements for annexation set forth
in the Ocoee Comprehensive Plan, the JPA 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.
-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.
-3-
PASSED AND ADOPTED this
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
, 2013
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
day of , 2013.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED AND
READ FIRST TIME ' 2013.
READ SECOND TIME AND ADOPTED
.UNDER
AGENDA ITEM NO.
-4-
EXHIBIT "A"
-5-
EXHIBIT "B"
Map of Annexed Area
(See attached map)
M
ORDINANCE NO.
(Rezoning Ordinance for Barkeritaville)
TAX PARCEL ID: 31- 22 -28- 0000 -00 -003
31- 22 -28- 0000 -00 -004
CASE NO. RZ- 13- 08 -07: Barkeritaville
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY CITRUS
RURAL DISTRICT (A -1) TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 14.31 ACRES LOCATED ON THE EAST SIDE OF
TOMYN ROAD AND NORTH OF ROBERSON ROAD, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
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 14.31 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County Citrus Rural District (A -1) to Ocoee
PUD, "Planned Unit Development "; 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 491 -28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); and
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 10, 2013 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 September 17, 2013 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 14.31 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
Citrus Rural District (A -1), to Ocoee PUD, "Planned Unit Development." A map of said land
herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B"
and by this reference is made a part hereof.
SECTION 3. LAND USE PLAN The following Land Use Plan for the Property
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon:
That certain Land Use Plan for Barkeritaville PUD prepared by Florida
Engineering Group, date stamped received by the City on August 28, 2013 with
such additional revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the same (the "Land
Use Plan').
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
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.
1)
SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE This Ordinance shall become effective ten (10)
days after its passage and adoption.
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 20•
Shuffield Lowman & Wilson P.A.
Rv-
Scott A. Cookson, City Attorney
20
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 20_
READ FIRST TIME , 20_.
READ SECOND TIME AND ADOPTED
20
Under Agenda Item No.
3
EXHIBIT "A"
(The "Property ")
EXHIBIT "B"
[INSERT MAP]
EXHIBIT "C"
LAND USE PLAN
[ATTACH LAND USE PLAN]
ORDINANCE NO.
CASE NO. CPA - 2013 -002: SIMMONS/ BARKERITAVILLE
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER
18, 1991 BY ORDINANCE NO. 91 -28, AS AMENDED; AMENDING THE
FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN
TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "LOW
DENSITY RESIDENTIAL" TO "COMMERCIAL," FOR CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 7.32 ACRES LOCATED
EAST OF TOMYN BOULEVARD, APPROXIMATELY 1,200 FEET
NORTH OF THE INTERSECTION OF ROBERSON ROAD AND
WINDERMERE ROAD; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 18, 1991, the City Commission adopted the City of
Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance #
91 -28, which has been amended from time to time (the "Ocoee Comprehensive Plan "); and
WHEREAS, the owner of certain real property (the "Owner ") has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission ") to initiate Amendment Number CPA - 2013 -002 in order to amend the Future Land
Use designation of certain real property containing approximately 7.32 acres, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property "); and
WHEREAS, Amendment Number CPA - 2013 -002 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
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WHEREAS, on September 10, 2013 the Planning and Zoning Commission of the
City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency, held an advertised
public hearing and recommended adoption of Amendment Number CPA - 2013 -002; and
WHEREAS, on October 1, 2013 the City Commission held an advertised public
hearing and adopted Amendment Number CPA- 2012 -002; and
WHEREAS, all required public hearings have been held after due public notice
in accordance with Chapter 163, Florida Statutes, and Sections 1 -8 and 1 -10 of Article I, of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee Land Development
Code ").
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and
166, Florida Statutes, and Section 1 -8 of Article I of the Ocoee Land Development Code.
SECTION 2. Comprehensive Plan Amendment The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is
hereby changed from "Professional Offices and Services" to "Commercial." A map of said land
herein described is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 3. Future Land Use Map The City Planning Director is hereby authorized
and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the
Ocoee Comprehensive Plan to incorporate Amendment Number CPA - 2013 -002 consistent with
the provisions of this Ordinance.
2
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SECTION 4. Conflicting Ordinances All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5. 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 6. Effective Date This Ordinance shall take effect upon passage and
adoption.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
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 , 2013.
FOLEY & LARDNER LLP
IC
PASSED AND ADOPTED this day of , 2013.
City Attorney
S. Scott Vandergrift, Mayor
ADVERTISED 12013
READ FIRST TIME 9 2013
READ SECOND TIME AND ADOPTED
, 2013
UNDER AGENDA ITEM NO.
3
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EXHIBIT "A"
(The "Property ")
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EXHIBIT "B"
(INSERT MAP]
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