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HomeMy WebLinkAboutItem #12 a.b.c.d. Barkeritaville (763 Windermere Road)Sm 'J ()C()( florido AGENDA ITEM COVER SHEET Meeting Date: November 5, 2013 Item # Contact Name: Mike Rumer Contact Number: (407) 905 -3100 x 1018 Reviewed By: Department Director: .� City Manager: 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" inn °a1r zij Da (- Nuven,t)er 5 201 <- 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 Cit 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 City's Anne xation 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 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 N S 2 U 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. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Barkeritaville property annexation and initial zoning and small scale comprehensive Plan Amendment on September 10, 2013. City Staff presented a brief summary and overview of the requested actions. After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the Annexation of the 14.31 acre parcel of land known as the "Barkeritaville PUD" with an Initial Zoning classification of "PUD ", small scale comprehensive plan amendment of 7.32 acres and PUD Land Use Plan. 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 of ± 7.3 acres, 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 Development Agreement Color Building Elevation Land Use Plan Financial Impact: None Type of Item: (please mark with an `x') X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X 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 qty Commission Meeting Date: November 5, 2013 Project: Barkeritaville PUD Ptge:;t Nomber(s): AX- 08 -13 -41 & RZ- 13 -08 -07 Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A None 4 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 1. 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. Consistenc 1. Joint Planning Area Yes 2. Comprehensive Plan: I Yes II. FIRE DEPARTMENT Chief Pete McNeil 1. Police Patrol Zone / Grid / Area: 1. Estimated Response Time: 2 minutes 1.5 2. Distance to Property: Station 39 (Maguire Rd) is 1.5 miles 3. Fire Flow Requirements: 2,000 gpm C 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 2 minute normal drive time IV. ECONOMIC VALUE 1. Prot)erty ADDraiser Taxable Value: $327,662 Michael Rumer 2. Pro pert 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 -year Flood Plain: I YES (FEMA 200 VI. UTILITIES David Wheeler, P.E. A. Potable Water 1. 1. In Ocoee Service Area: Yes 2. 2. City Capable of Serving Area: Yes 3. 3. Extension Needed: Yes 4. 4. Location and Size of Nearest Water Main: 8" water main % mile north of property. Sanitary Sewer 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 C. 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 #: AX- 08 -13 -41 & RZ- 13 -08 -07 VII. EM 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 Location Map War�io� u n r N 4LI 0 o R b ri U c c s de y LAKE MANDYLYNN I ook `Nest 4 2 ) Roberso St as c li h d e - 1) i I ..:� �� � ��,•� ♦ �I�I � � ��� \III � • 00" � IM 0 Ion i - d ' '♦ ,��' ♦ 11�. = �■ ■.�. -. _ s _w era ■ i1 n■ � m- call 0 F. rem login ■ IM Di 1 ii Q M c O �N L CD O M L L -C) - r Q Q Q 1 o� 6Zb pao p aia a pui C N ° n 8 .rs ,• S� u O� q� �o �s _ o O C E O C U O ` to ❑ O 70 C, O m LL LL LL LL ~ _� O C N L C C C to C a_ U O cn m n � � N U C m (6 O N a) 1) m N U O m O N O N d m N m E - C) U m U N C C O m C C C C C O N O N m N O o m C m cn m U` w(n()CnCAO a'060U 13 N 1 m N N � L c4' a E 4 4 ^ qq � ^ U) ^ _ T Q Q Q Q Q Q^ U � O U N N 0 W /s, { O O o E v v N o N O O U U) C C _ o o oa v v O O (1) Q Q 0 07 O O) 0 0) 0) C C � O o6 2 2 _ _ N O _�5 N ❑ O N i a a o o n f fl U U C C ❑ L _� ❑ ❑ o - 1 o - C 7 7 > >, U) O O O O E C 0) .� O O.. co N N O O T T T T T T T O O O O U) 2:1 ORDINANCE NO. 2013-025 (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 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 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" 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 ,IPA 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. 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. PASSED AND ADOPTED this _ day of 2013 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 ,2013 SHUFFIELD, LOWMAN & WILSON, P.A. i City Attorney ADVERTISED AND READ FIRST TIME , 2013. READ SECOND TIME AND ADOPTED .UNDER AGENDA ITEM NO. -4- EXHIBIT "A" (The "Property ") PARCELS 1, 2,3 AND B ALSO BEING DESCRIBED AS: A portion of the Northwest 1/4 of Section 31, Township 22 South. Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCE at the West 1/4 corner of Section 31, Township 22 South, Range 28 East, Orange County, Florida; thence run North 00'19'13" West, along the West line of the Northwest 1/4 of said Section 31, for a distance of 1317.53 feet to the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said West line, run North 89 °14'11" East, along the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 388.08 feet to a point on the Easterly limited access right of way line of State Road 429 to the POINT OF BEGINNING; thence departing said North line, run North 31 °29'02" East, along said Easterly limited access right of way line, for a distance of 87.82 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 1492.39 feet, a chord bearing of North 25 °58'25" East and a chord distance of 286.63 feet; thence run Northerly along the arc of said curve, and said Easterly limited access right of way line, through a central angle of 11 °01'16" for an arc distance of 287.07 feet to a point on the North line of the South 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said curve, and said Easterly limited access right of way line, run North 89 °08'47" East, along said North line, for a distance of 764.66 feet to a point on the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said North line, run South 00 °12'40" East, along the said East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31, and the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 495.83 feet to a point on the South line of the North 5 (five) acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89'14'11 " West, along said South line, for a distance of 662.52 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said South line, run South 00 °15'56" East, along said East line, for a distance of 496.49 feet to a point on the South line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 3 1, thence departing said East line, run South 89 °24'59" West, along said South line, for a distance of 367.03 feet to a point on the East line of the West 295 feet of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence run North 00 West along the said East line, for a distance of 510.34 feet to a point on the aforesaid Easterly limited access right of way line of State Road 429; thence departing said East line, run North 31 0 29'02" East, along said Easterly limited access right of way line, for a distance of 176.59 feet to the POINT OF BEGINNING. Containing 14.31 acres, more or less. -5- EXHIBIT "B" Exhibit "B" Location Map AKE a r: wQi ; i i l ' r` MAN AYN - i i Lr ,' -6- ORDINANCE NO. 2013 -026 (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. 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 ,20 APPROVED: CITY OF OCOEE, FLORIDA 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 .20 ADVERTISED - .20 READ FIRST TIME 20 READ SECOND TIME AND ADOPTED Under Agenda Item No. Shuffield Lowman & Wilson P.A. Bv: Scott A. Cookson, City Attorney ,20 EXHIBIT "A" (The "Property ") PARCELS 1, 2,3 AND B ALSO BEING DESCRIBED AS: A portion of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East. Orange County, Florida, being more particularly described as follows: COMMENCE at the West 1/4 corner of Section 31, Township 22 South, Range 28 East, Orange County, Florida; thence run North 00 °19'13" West, along the West line of the Northwest 1/4 of said Section 31, for a distance of 1317.53 feet to the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said West line, run North 89°]4'11" East, along the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 388.08 feet to a point on the Easterly limited access right of way line of State Road 429 to the POINT OF BEGINNING; thence departing said North line, run North 31'29'02" East, along said Easterly limited access right of way line, for a distance of 87.82 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 1492.39 feet, a chord bearing of North 25 °58'25" East and a chord distance of 286.63 feet, thence run Northerly along the arc of said curve, and said Easterly limited access right of way line, through a central angle of 11 '01'16" for an arc distance of 287.07 feet to a point on the North line of the South 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said curve, and said Easterly limited access right of way line, run North 89 °08'47" East, along said North line, for a distance of 764.66 feet to a point on the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said North line, run South 00'12'40" East, along the said East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31, and the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 495.83 feet to a point on the South line of the North 5 (five) acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89'14'11 " West, along said South line, for a distance of 662.52 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 3I; thence departing said South line, run South 00'15'56" East, along said East line, for a distance of 496.49 feet to a point on the South line of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South 89 °24'59" West, along said South line, for a distance of 367.03 feet to a point on the East line of the West 295 feet of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence run North 00 °19'13" West along the said East line, for a distance of 510.34 feet to a point on the aforesaid Easterly limited access right of way line of State Road 429; thence departing said East line, run North 31'29'02" East, along said Easterly limited access right of way line, for a distance of 176.59 feet to the POINT OF BEGINNING. Containing 14.31 acres, more or less. 4 EXHIBIT "B" Exhibit "B" Location Map N �O i w �'ev i i r , 1 I f MANI�YLYN_ N I� i I L d _— Roberson 5 EXHIBIT "C" LAND USE PLAN [ATTACH LAND USE PLAN] ORDINANCE NO. 2013 -027 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 9 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 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. 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. PASSED AND ADOPTED this day of , 2013. APPROVED: ATTEST: Beth Eikenberry, City Clerk CITY OF OCOEE, FLORIDA 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 X013. ADVERTISED , 2013 READ FIRST TIME , 2013 READ SECOND TIME AND ADOPTED , 2013 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP ME City Attorney EXHIBIT "A" (The "Property ") A portion of The South 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East, Orange County, Florida LESS that part taken for Right of way purposes as described in Official Records Book 6084, Page 2804 of the Public Records of Orange County Florida. /• 1 101; The North 5 acres, more or less, of the Southwest 1/4 of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East, Orange County, Florida, LESS the West 295 thereof. AND The North 660 feet, more or less, of the Southwest 1/4 of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East, Orange County, Florida, LESS the West 295 feet thereof AND LESS the East 660 feet thereof. Being more particularly described as follows: COMMENCE at the Northwest corner of Section 31, Township 22 South, Range 28 East, Orange County, Florida; thence run South 00 °19'13" East along the West line of the Northwest 1/4 of the Northwest 1/4 of said Section 31, for a distance of 988.15 feet to a point on the North line of the South 1/4 of the Northwest 1/4 of the Northwest 1/4 of said Section 3 l; thence departing said West line, run North 89 °08'47" East, along said North line, for a distance of 561.34 feet to a point of intersection of said North line with the Easterly Limited Access right of way line of Orlando /Orange County Expressway Authority State Road 429, said point being the POINT OF BEGINNING, thence departing said Easterly Limited Access right of way line, continue North 89 °08'47" East along said North line, for a distance of 406.49 feet, thence departing said North line, run South 04 °23'52" East for a distance of 87.42 feet, thence run South 06 °39'05" West for a distance of 5 126 feet; thence run South 1 1' 14'52" West for a distance of 118.18 feet; thence run South 19 °05'40" West for a distance of 146.18 feet; thence run South 37 °17'53" West for a distance of 90.10 feet, thence run South 55 °56'07" West for a distance of 60.38 feet to a point on the South line of the North 5 acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence run South 89 °14'11" West along said South line for a distance of 125.31 feet to a point on the West line of the East 660 feet of said Section 31; thence departing said South line, run South 00° 12'40" East along said West line, for a distance of 101.09 feet; thence departing said West line. run South 50 °25'40" West for a distance of 88.10 feet; thence run South 52 °12'37" West for a distance of 89.73 feet; thence run South 80 °04'24" West for a distance of 60.07 feet; thence run South 61 °28'24" West for a distance of 29.45 feet, thence run South 85° 13'41 " West for a distance of 39.36 feet; thence run South 85 °07'49" West for a distance of 38.38 feet, thence run South 55° 12'18" West for a distance of 31.14 feet; thence run South South 78 °48'04" West for a distance of 36.58 feet; thence run South 84° 13'56" West for a distance of 6.12 feet to a point on the East line of the West 295.00 feet of the North 660 feet of the Southwest 1/4 of the Northwest 1/4 of said Section 31, thence run North 00 °19'13" West, along said East line, for a distance of 278.71 feet to a point on the aforesaid Easterly Limited Access right of way line of Orlando /Orange County Expressway Authority State Road 429; thence departing said East line, run North 31 °29'02" East along said Easterly Limited Access right of way line for a distance of 264.41 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 1492.39 feet, a chord bearing of North 25 °58'25" East and a chord distance of 286.63 feet, thence run Northeasterly along the arc of said curve through a central angle of I 1 °01' 16" for an arc distance of 287.07 feet to the POINT OF BEGINNING. Containin 320,500 square feet, or 736 acres, more or less. 4 EXHIBIT "B" Exhibit "B" Location Map o) V a m 0 w i j' I i� LAKE MANPYLYNN I E L. 5 The Development Agreement will be forthcoming. I Date PuNshed and Me&a Name Oi tan iu i C Y +� +tt ,Rl 1:, r r1= l_pCLR 3 , _'613 EA AdverMement ®r AutMe -_ CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR BARKERITAVILLE (763 WINDERMERE RD) ANNEXATION CASE NUMBER: AX- 08.13 -41 NOTICE IS HEREBY GIVEN, pursuant to Subsection 1 -10 (A)(1)(V) of the City of Ocoee Land Development Code, That on TUESDAY, OCTOBER 15, 2013, AT 7:15 P.M. or as soon thereafter as practi- cal, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Flori- da, to consider the annexation of the parcels identified as parcel numbers 31- 22 -28- 0000 -00 -004 and 31-22-28- 0000 -00- 003, located at 763 Windermere Road. The parcels are 14.31 acres. "f WWI' F � e�u" ern 't Y.calo If the applicant's request for annex- ation is approved, the annexation would incorporate the property into the City of Ocoee. Interested parties may appear at the public hearing and be heard with respect to the pro- posed annexation. Pursuant to Sub- section 5 -9 B. of the Land Develop- ment Code, the Planning Director has determined that the requested annexation is within the Ocoee -Or- ange County Joint Planning Area (JPA), and is consistent with the Ocoee - Orange County JPA Land Use Mop and the Ocoee Comprehensive Plan. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and i times, as t deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued Public hearings shall be announced during the hearing and no further no- tices regarding these matters will be published. You ore advised that any person who desires to appeal any de- cision made at the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the P is made which includes the testimony and evidence upon which the appeal is based. In accord- ance with the Americans with Dis- abilities Act, persons needing a spe- cial accommodation or an interpreter to participate in this Proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk COR1256559 10/3, 10/10/2013 763 Windermere Goad Location Map Orlan Sentinel CITY OF OCOEE NOTIC FR OF ARKEHITAVILLE ING (763 CA SE NUMBER U NNE gATION JOTICE IS HEREBY GIVEN, pursuant to subsection 1 -10 (A)(1)(V) of the City )f Ocoee Land Development Code, hat on TUESDAY, OCTOBER 15, 2013, AT 7:15 ,M, or as soon thereafter as practi- :al, the OCOEE CITY COMMISSION will cold a PUBLIC HEARING at the City of Dcoee Commission Chambers, 150 Vorth Lakeshore Drive, Ocoee, Flork ia, to consider the annexation of the parcels identified as parcel numbers 11- 22 -28- 0000 -00 -004 and 31- 22 -28- 0000 -00- 303, located at 763 Windermere Road. The parcels are 14.31 acres. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a. m. and 5:00 p.m., Monday through Friday, except legal . holidays. The Ocoee City Commission may continue The public hearing to other dates and i times, as t deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and no further no- tices regarding these matters will be published. You are advised that any person who degire, to appeal any de- cision made aPthe public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the tctestimony and evidence a up iond he which the appeal is based. In accord- once with the Americans with Dis- abilities Act, persons needing a spe- cial accommodation or an interpreter to pcirticipate in this Proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk CO R1256559 10/3, 10AO/2013 THURSDAY, OCTOBER 10_2013 El d�rer u ser l �, A �uCde Orlando Se inel City Of Ocoee 1.50 N Lakeshore Drive OCOEE, FL 34761 -0000 Before the undersigned authority personally appeared Pam L. Davis /Tamela Vargas /Deborah M. Toney, who on oath says that s/he is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published in Orange County, Florida; that the attached copy of advertisement, being a Public Hearing in the matter of OCTOBER 15, 2013, AT 7:15 P.M in the Orange County _, was published in said newspaper in the issue(s) of 10/03/13 10/10/13 Affiant further says that the said Orlando Sentinel is a newspaper published in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each week day and has been entered as second -class mail matter at the post office in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that s /he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me. this Zo day of October, 2013, Pam L. Davis /Tamela Vargas /Deborah M. 'honey, who is personally known to me and who did tam an oath, ,n �1Sr DLRjftK oA. 1 ONEY (s e 1256559 CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR BARKERITAVILLE p63 WINDERMERE RD) ANNEXATION CASE NUMBER: Y- 08 -13 -41 NOTICE IS HEREBY GIVEN, Pursuant to Subsection 1 -10 (A)(1)(V) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 15, 2013, AT 7:15 P.M. or o soon thereafter as Practi- cal, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Occee, Flori- da, to consider the annexation of the parcels Idenhl,ed us porcal nwnibers 31 -22 -28 -0000 00 -00 and 31-22-28- 0000 -00- 003, located of 763 Windermere Road. The parcels are 14.31 acres. If the applicant's request for annex- ation is approved, the annexation would incorporate the property into the City of Ocoee. Interested parties may appear at the public hearing and be heard with respect to the pro- Posed annexation. Pursuant to ub- seetion 5 -9 B. of the Land Develop- ment Code, the Planning Director has determined that the requested annexation is within the Ocoee -Or- ange County Joint Planning Area (JPA), and is consistent with the Ocoee - Orange County JPA Land Use Map and the Ocoee Comprehensive Plan. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida belween the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued Public hearings shall be announced during the hearing and no further no- tices regarding these matters will be Published. You are advised that any person who desires to appeal any de- cision made at the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the P is made which includes the testimony and evidence upon which the appeal is based. In accord- ance with the Americans with Dis- abilities Act, persons needing a spe- cial accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk COR1256559 1013, 10/10/2013 76111 dxrtn ROad location MaR �UU �� UIl G��l �i'l�ll llllJl�lllllll.�- 'flllf �llW�1><uu�ufuuauu I�uorLy uuu� =���,r . Date puHshed and MOW Name THURSDAY, OCTOBER 3, 2013 El O rlando Se ntinel -- -- - - -- - .._------------ - - - - -- AdyeMserrn or Avy' e CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR BARBERITAVILLE (163 C NUMBER: R ZUD 08- BO NOTICE IS HEREBY GIVEN, pursuant to Subsection 1 -10 (A)(1)(V) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 15, 2013, AT 7:15 P.M. or as soon thereafter as procti- cal, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING of the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Flori- da, to consider the rezoning for the parcels identified as parcel numbers 31- 22- 28- 000000 -004 and 31-22-28- 0000 -00- 003, located at 763 Windermere Road. The parcels ore 14.31 acres. The re- zoning would be from Orange County "Agriculture (A -1)" to City of Ocoee "Planned Unit Development (PUD)" for a mixed use development consist- ing of a pet resort with a full service veterinary hospital and other uses that are pet /human related such as retail and some form of eatery. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 P.m., Monday through Friday, except legal holidays. The Ocoee City Commission may conti e the Public hearing to uu,er dates yY limes, as it deems necessary Any interested party shall be advised of the dates, times, and places of any continuation of these or continued Public hearings shall be announced during the hearing and no further no- tices regarding these matters will be published. You are advised that any person who desires to appeal any de- cision made at the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the Phe and i ev dente u pon whic with the Americans cans base ance with D15- abilities Act, persons needing a spe- cial accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours n advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk C O R 1256563 10/7/2013 O rlando Sent inel City Of Ocoee 150 N Lakeshore Drive CITY OF OCOEE OCOEE, FL,34 "761 -0000 Before the undersigned authority personally appeared Pam L. Davis /Tamela Vargas /Deborah M, Toney, who on oath says that s/he is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published in Orange County, Florida; that the attached copy of advertisement, being a Public Hearing in the matter of OCTOBER 15, 2013, AT 7:15 P.M in the Orange County was published in said newspaper in the issue(s); of 10/03/13 Affiant further says that the said Orlando Sentinel is a newspaper published in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each week day and has been entered as second -class mail matter at the post office in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that s/he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of. securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this v� day of October, 2013, Pam L. Davis /Tamela Vargas Deborah M. Toney, who is personally known to me and who did t e in oath, r� s NOTARY PUBLIC E_ a l - STATE OF FLORIDA CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR BARKERITAVILLE (153 WINDERMERE RD) PUD REZONING CASE NUMBER: RZ-13 -08 -07 NOTICE IS HEREBY GIVEN, pursuant to Subsection 1 -10 (A)(1)(V) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 15, 2013, AT 7.15 P.M. or as soon thereafter as Procti- cal, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Flori- da, to consider the rezoning for the Parcels identified as parcel numbers 31- 22 -28- 0000 -00 -004 and 31-22-28- 0000 -00- 003, located at 763 Windermere Road. The parcels are 14.31 acres. The re- zoning would be from Orange County Agriculture (A -1)" to City of Ocoee "Planned Unit Development (PUD)" for a mixed use development consist- ing of a pet resort with a full service veterinary hospital and other uses that are pet /human reloled such as retail and some form of eatery. The complete case file, including a complete legal description by metes and bounds, may be inspected of the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be annou need during the hearing and no further no- fires regarding these matters will be Published. You are advised that any Person who desires to appeal any de- cision made at the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accord - once with the Americans with Dis- abilities Act, persons needing a spe- cial accommodation or on interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk CO R 1256563 10/3/2013 1256563 �UJ U li - i1�! V' �U UUJ�U U LL�u uu _ queua✓uu u�iui uu � t"���,�• _ __, Me FuNshed and MedH Name C 1 , 2013 C Oilan:3o Siiilinel - -------- -------- - - - - -- Advertise we nt 0r A_FVu1dt -- CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR MA COh REHEINSIVEMPlA RD) N AMENDMENT CASE NUMBER: CPA 2013 -002 NOTICE IS HEREBY GIVEN, pursuant to Subsection 1 -8, 1 -10 !AMIXV) & 5 -9 of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 15, 2013, AT 715 PM. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Flori- da, to consider the small scale com- prehensive plan amendment for the Parcels identified as parcel numbers 31- 22 -28- 0000 -00 - 004 and 31-22-28- 0000 -00- The l o cated ubject land a Winderm goad. is The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8'.00 a.m. and 5:00 p. m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued Public hearings shall be announced during the hearing and no further no- tices regarding these matters will be published. You are advised that any person who desires to appeal any de- cision made at the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the proceedings is made which includes the testimony and evidence Upon i which the appeal s based. In accord- ance with the Americans with Dis- abilities Act, persons needing a spe- cial accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours In advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk C O R 1256566 10/3/2013 Orland Senti City Of Ocoee 150 N Lakeshore Drive CITY OF OCOEE OCOEE, FL 34'/61 -0000 Before the undersigned authority personally appeared Pam L. Davis /Tamela Vargas /Deborah M. Toney, who on oath says that s /he is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published in Orange County, Florida; that the attached copy of advertisement, being a Public Hearing in the matter of OCTOBER 15, 2013, AT 7:1.5 P.M in the Orange County _, was published in said newspaper in the issue(s), of 10/03/13 Affiant further says that the said Orlando Sentinel is a newspaper published in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each week day and has been entered as second -class mail matter at the post office in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that s /he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 3 day of October, 2013, Pam L. Davis /Tamela Vargas /Deborah M. Toney, who is personally known to me and who CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR BARKERITAVILLE 1763 WINDERMERE RD) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CASE NUMBER: CPA -2013 -002 NOTICE IS HEREBY GIVEN, pursuant to Subsection 1 -8, 1 -10 (A)(1)(V) & 5 -9 of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 1,, 2013. AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department tocoted at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 P. m., Monday through Friday, except IegaI holidays. The Ocoee City Commission may continue the public hearing to other dates and tunes, as it dees necessary. Any interested Porty m shall be advised of the dates, limes, and places of any continuation of these or continued Public hearings shall be announced during the hearing and n0 further no- tices regarding these matters will be Published. You are advised that any Person who desires to appeal any de- cision made of the Public hearings will need a record of the Proceedings and for this purpose may need to en- sure that a verbatim record of the Proceedings is made which includes the testimony and evidence upon which the appeal is based. In accord- ance with the Americans with Dis- abilities Act, Persons needing a spe- cial accommodation or an interpreter to Participate in this Proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk C O R 1256566 10/3/2013 1256566 North Lakeshore Drive, Ocoee, Flori- da, to consider the small scale com- Prehensive plan amendment for the Parcels identified as parcel numbers 31- 22 -28- 0000 -00 -004 and 31-22-28- 0000 -00- 003, located at 763 Windermere Road. The subject land area is 7.32 acres. (sea DEBORAH M.TONEY NOTARY PUBLIC STATE OF FLORIDA Ries; > * mss pia-,s 11 /18912013 < n < 0 o w o 6 c N c x w �5 r a lp ar c a O - mac o � � - y �n c wn w_a v �z ¢c E_ a � •�o III_- m r� °_ P -- � J'`- •-`- ��' J v s w( Ow J H O Z ( n O W < W <Z NCY. 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