HomeMy WebLinkAboutItem #18 First Reading of Ordinance for Ladybird Academy Annexation, Rezoning to Planned Unit Development (PUD) and Small Scale Comprehensive Plan Amendment; Project No.(s): AX-10-17-66, RZ-17-10-07 & CPA-2018-001 .101'l
)( (WY
AGENDA ITEM COVER SHEET
Meeting Date: March 6, 2018
Item # 18
Reviewed By:
Contact Name: Mike Rumer Department Director:
Contact Number: 407-905-3157 City Manager:
Subject: Ladybird Academy PUD
Annexation, Rezoning to PUD, PUD Land Use Plan,
&Small Scale Comprehensive Plan Amendment
Project#AX-10-17-66, RZ-17-10-07, &CPA 2018-001
Commission District# 1 —John Grogan
BACKGROUND SUMMARY:
General Location: The subject property is located on the south side of West Road, approximately 400 feet
east of the intersection of West Road and Ocoee Apopka Road.
Parcel Identification Number(s): 06-22-28-0000-00-008
Property Address: 2082 West Road
Property Size: +/- 5.45 acres.
Actual land use, proposed land use and unique features of the subiect property: The site currently contains a
single-family dwelling which will be removed.
The future land use & requested initial zoning classification of the subiect property:
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/Rural City of Ocoee/Commercial
Use-Joint Planning Area One Dwelling Unit/Acre (FAR 3.0)
Land Use Classification
Jurisdiction/Zoning Orange County/"A-1" City of Ocoee/"PUD"
Classification "Agriculture" "Planned Unit Development"
The current future land use and zoning classifications of the surrounding properties:
r DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North City of Ocoee/Commercial City of Ocoee/"PUD Comm"
East Orange County/Rural City of Ocoee/"PUD Comm"
South City of Ocoee/ Low Density Expressway Authority/West Orange Trail
Residential
West City of Ocoee/Commercial City of Ocoee/"C-2"
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinances for: i)Annexation, ii) Small Scale
Comprehensive Plan Amendment from Low Density Residential (LDR) to Commercial (COM), iii) Rezoning
to PUD (Planned Unit Development) and PUD Land Use Plan for the for Ladybird Academy PUD?
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 is bordered by
property located within the City limits on the northern, southern and western adjacent boundaries.
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. Orange
County has been notified of this petition in accordance with Section 171.044(6) F.S. 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), which is consistent with the zoning of the properties to the north and west. The PUD 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 City's Comprehensive Plan. the JPA Agreement, and the City's Annexation Policy....".
The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may
assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the
JPA Agreement..."
Annexation Feasibility & Public Facilities Analysis Report (See attached): The proposed site plan will require
connection to Orange County potable water and sewer.
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.
DISCUSSION:
The proposed Ladybird Academy PUD consists of 5.45 acres of mostly undeveloped property with a single-
family dwelling built in 1945. The site currently has a Future Land Use Designation of Low Density
Residential in the Ocoee Comprehensive Plan and will need to change to Commercial.
The development program consists of two phases. Phase 1 will be a 12,989 sq. ft. Daycare and Pre-k for
150 children ranging in ages from six weeks to five years old. Summer Camps for ages 5-12 years old will
also be provided. The site is shown on the PUD Land Use Plan. Phase 2 will be permitted uses in the C-2
zoning district. There are no plans for the development of Phase 2. A left turn lane and right deceleration
lane will be installed in Phase 2.
Access will be via West Road which is a divided Highway. The entrance is approved by Orange County to
be without a decal or turn lane. Orange County is requiring a single entrance with a 55 foot radius for the
driveway. The Ocoee Land Development Code requires a minimum of 45 feet.
The site does not contain any of the Wekiva Study Area environmental indicators such as "A" soils on the
site. The proposed maximum amount of open space required is 25%.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On February 5, 2018, the DRC met to determine if the proposed annexation, rezoning, and Small Scale
Comprehensive Plan Amendment was consistent with the City's regulations and policies. When the
discussion was finished, the DRC voted to recommend Small Scale Comprehensive Plan Amendment from
Low Density Residential (LDR) to Commercial (COM), Annexation, and Rezoning to PUD (Planned Unit
Development) for the Ladybird Academy (2082 West Rd) Property.
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission (P&Z) met on February 13, 2018, and reviewed the Annexation,
Small Scale Comprehensive Plan Amendment, Rezoning to PUD "Planned Unit Development", and PUD
Land Use Plan for Ladybird Academy PUD. Members of the P&Z discussed the projects effect on the
intersection of Fullers Cross Road and Ocoee Apopka Road. A lengthy discussion ensued on traffic impacts
at that intersection. A motion was brought forth to recommend approval of the Annexation, Rezoning to PUD
"Planned Unit Development" and PUD Land Use Plan. The Planning and Zoning Commission voted 6-1 to
recommend approval. The Planning and Zoning Commission emphasized that future developments that
affect the intersection of Fullers Cross Road and Ocoee Apopka Road will be subject to a recommendation
of denial until such time as the said intersection is approved.
RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commission approve ordinances for: i)Annexation, ii)
Small Scale Comprehensive Plan Amendment from Low Density Residential (LDR)to Commercial (COM),
Hi) Rezoning to PUD (Planned Unit Development) and PUD Land Use Plan for the for Ladybird Academy
PUD.
Attachments:
Annexation Feasibility Analysis
Location Map
Aerial Map
Future Land Use Map
Zoning Map
Ladybird Academy PUD Land Use Plan
Renderings
Small Scale Comprehensive Plan Ordinance
Annexation Ordinance
Rezoning Ordinance
Financial Impact:
None
Type of Item:
[0 Public Hearing For Clerk's Deet Use:
El Ordinance First Reading 0 Consent Agenda
❑ Ordinance Second Reading [ ] Public Hearing
❑ Resolution 0 Regular Agenda
❑ Commission Approval
❑ Discussion&Direction
[ j Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney 0 N/A
Reviewed by Finance Dept. 0 N/A
Reviewed by ( ) 0 N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S):AX-10-17-66
APPLICANT NAME: Derek Sakala
PROJECT NAME: LADYBIRD ACADEMY PUD—2082 WEST ROAD
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, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): Derek Sakala
B. Property Location
1. General Location: The subject property is south side of West Road, 450
feet east of Ocoee Apopka Road.
2. Parcel Identification Numbers: 06-22-28-0000-00-008
3. Street Addresses: 2082 West Road
4. Size of Parcels: Total +/- 5.45 acres
C. Use Characteristics
1. Existing Use: Single-Family Dwelling
2. Proposed Use: Daycare/ Commercial
3. Density/Intensity: Not to exceed an FAR of 3.0
4. Projected Population: 0
D. Zoning and Land Use
1. Orange County Future Land Use: Rural
2. Orange County Zoning: A-1
3. Proposed Ocoee Future Land Use: Commercial
4. Proposed Ocoee Zoning: PUD - Commercial
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Fire Department
1. Estimated Response Time: Response time is 2-4 minutes
2. Distance to Property: Distance is approx. 2.13 miles from Station 25
(Bluford Avenue)
3. Fire Flow Requirements: Depends on Building Type
III. POLICE DEPARTMENT Chief Charlie Brown
1. Estimated Response Time: 3 Minute
2. Distance to Property: Approx. 1.5 miles from West Rd Station
Page 1 of 3
Applicant Name:Derek Sakela
Project Ladybird Academy
Case 0:AX-1O-17-66
3. Average Travel Time 4 minutes
IV. ECONOMIC VALUE Michael Rumer, City Planner
1. Property Appraiser Taxable Value: $71,592
2. Property Appraiser Just Value Same as above.
3. Estimated City Ad Valorem Taxes: $0
4. Anticipated Licenses & Permits: Unknown
5. Potential Impact Fees: Unknown
6. Total Project Revenues: Unknown as the buildout is not determined.
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, E.I.
A. Potable Water
1. In Ocoee Service Area: No
2. City Capable of Serving Area: No
3. Extension Needed: Yes
4. Location and Size of Orange County 12" Inch Line on east side of N
Nearest Water Main: Lakewood Ave
B. Sanitary Sewer
1. In Ocoee Service Area: No, Orange County
2. City Capable of Serving Area: No
3. Extension Needed: Yes
4. Location and Size of Orange County Force Main in front of property
Nearest Force Main:
5. Annexation Agreement Needed: No
C. Other
1. Utility Easement Needed: No
2. Private Lift Station Needed: Yes
3. Well Protection Area Needed: No
Page 2 of 3
Applicant Name:Derek Sakela
Project Ladybird Academy
Case#:Ax-10-1738
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: Yes
4. Traffic Analysis Zone: 540
VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner
At this time, adequate transportation capacity exists and future improvements
A. Transportation: are proposed at the intersection of Fullers Cross and Ocoee Apopka Road.
At this time, adequate park/recreation capacity exists.
B. Parks/ Recreation:
At this time, adequate water and sewer capacity exists.
C. Water/Sewer:
The applicant will be required to handle the stormwater on-site, according to
D. Stormwater: the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists.
E. Solid Waste:
F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits.
N/A
G. Public School
IX. SITE SPECIFIC ISSUES Michael Rumer, City Planner
Wetlands are located on an adjacent parcel. No wetland encroachment is proposed. An
eagle's nest is located nearby and has been vacated. A letter from US Fish and Wildlife has
been provided.
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner
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
Ladybird Academy
Location Map
Wail mmtmwr mu . Va v
■s�u�usa* _�
3/47
tz ilf ir:L' I'tII'IIIIIIIIA r ..
44
4.,,,,.4:$ Iffrot --- — off PSC • ' 1
Alt 7 �INA, ,:ag.� r e '
1111A� NIII� V ' Nm = .,
AAII IINIIII ,��� 7
CPI,� 11111 i s 4r.
agie
1‘ '41, 'rrfj: II
.' II 9
e
oi
ad 4
µo
•
c.
eFillers dross
I L
Of
f� .>rte` �' * w s#' - 4 i‘Per*. '` ,,,s,. - . ' ... , ' • 1 0.0,twit.,,.-.. -7 , ., . .;,,,4,41,417t, . , 1.1,.. .sti';',. ..,
�1
ty
4
, ilf:%, t ..
AO sy ' •
pir N.NiN.-`.,_4- ' '-, ... o--...
.. ' r: , ' _ ...
l r
41111141;Sfkrsc- ,
.. i.41 0';, • :. , r . f /11 1 r
._ .. _. ms...,µ.._.,. -
Y, .116
Cp
IC„Y
•
., ; yam,..:
—"..
•,::
0 . . ..•- . '•••:,,'....-,- .•
may. - •.r+ '._i%.
/ 1
Q.
1
____________-1 11
_________
\\:\
.1
.._
2i .
J
1
�tl ,
E !--
..o
o
os _1� o �1 \ ., I ocL� -J _I dV w -- —
Ar
73
Iv,I
ja V" II
-a __..
J 1l
0 wa L'��/I._
v r� ribi
= 1 Air "ti,,
• i.
,,
L1111 I� /Nos
' 16.,').1
cn NM IM il
I ill Sb i
ti...
1111
111 ` '��� — �y•`TL/ `` ' t /r ~ -�
L l
Ifil ,= =al... IMM 1111--1111 ( "41..- ......... , , • •
fr..,
cua
C CD
ti.1 co
o — c —
iii
CO
70 CU
cm io ,:„., ,. ,, ,,, COc
cp5 p6 w C d
iyct a) p a cui ? Sa 2b o .' (i) •.. � S .2 0- _
OS C Q to
CD - c-.)
t`� (ll U Nd C G ENCQo aE .- U U
7 C -o �- E Uo - to 2 o .1i Y' -0 fQ0 Q) 0 () Ca
N J U J 2 U QJnD 2
00 111 11
1
0
ti { 1I,
}:iYti:Y:v{ .,:rp.:i .
Ill
rti...v..•:
10.6. :rt:M:.:
•r::::}
•i i i�i is riN:.{:r:.
11..1.: ,..::::.!:::::x....
aCi
5\
•
ll55t : , 1/�x :. } :rti:° • t;. .. + • . Q/7 ,,,,,v---.-
ti� .
i :f:: ::;V r'� w.. .ti.r'rrr,: ::} 1 } , r�*.teM.0m:.'it
ti14{ Kr�rhfY rr
VY
V Ni ICE ,'� r•':•0 4;k ...r; :::tib• 1 �4
\ IP 01
\5
45
13 CY
•1
r ...':%::::';';:i1:;;:.:::::;::::e•::•;.: :::::::i::::':.:....:::::::::%:::::::.:::::::. 5
i
4
1
-- ,.,_ IVA, 1--.110."dr- *%Y.::.::..:?:'::::.:::. ............3.
= CI 4 W Ira,
/ 1 l��iI
a, •
- ':-;:':::f'5".•.:' \AP#1..i%4 :';'.4.5555:4:•:•:•:.:•:::::::..:•::::::.:.:.:-:-::::::.;.:.;:;.15:' l'o;:::::....x.:-:-:::::::
wee S S r�—1M III il 1 ---1---/ ' ''' ' '; •••5::-:::•.,::::.:::...e."•••:,....::::.*•:::.::::...*:Y.::,—..•.,.:.:....::....:........,.,.,.,....- .„,.,.......;..................:::.:'
V5 sv
"I'= qi ___,..a a •i a.
....%''... 41441...• - '-' ''' \\ . A10. 1*L.141117:!:!:•:.:':!:!:':e-'-‘M"'......''
i silliti 7. 1,„.f,7./,,,,,;,, ,
CD
a
h1
S
w T c z U
N N T °� Q m ca U . coco
/Ca s `.J o yn u. o y Q a� -- — o. = ( S 0 _ N 0 co
ci)` _ N to d E N Q
n E o UNQQQ0 �, ) O -0U E m dO as ca
_ —E-*
O N =
W o o(13 `_ v 0, ---- E E E t E co o c U v o 'v O u' cu °' -0
� n C Q' N Q N LL C C1:1LL LL LL L.L C _ N _ C C (2 !- C
.-- - '0) 0n3
0
-C.,--, N (D D , 03 r- N = fn -° C To U al a' O aY O Q N -
ami o a� r , a� n. °u ai _c E a`) m c E Q Q c a o,
CDI °� c c a_CI � O� v� rn a rn C C to c E v n Y
r 7 C U a) C C C C C { O a) O N a) �' a) O O O C N
u» �o g'C9 C C 0 � � Uc� � o1sC7U � � _ � C
1:10A 1 I 1
6090'0»CLOW 10/J £08081.1•00048100 V(JI Old `b'>IdOdd 3"
0S68-SCZ(LDC)Hd GOT 31S'801VINOlOD 3 8DL �
45E6ZV'J avOa 1S3M Z8OZ N- �`„,•1'o
a , 3Lra Nomn9a 3Lvo NoisDan N til d 3 S(1 a N`dl Gild o�� Q b
1N3WdOl3A3a ZI- AVIRGVJ`d a2I18AGVi i o x " g
_ / I��! 8B'9E -
_ -�- '3.Od.6EA�N�.
______ .. fi•Nta.40.-• ._--. 0 .....-
�� ;. ur��
w
-': 1 fr
� 11 " I
1.
R• f
ti IL
111113 #p3
1.
— — — 0 1
I N 1
/J I p1 I05 1 5 �y99 Icctt ftt
LL sR o undg . 13Y 4
0n 1 PI a
UJ
a 0
/) N 04 Napa tttt tttt x
V � '° • I o. pi MI
, kilt
CI
z 0�•
o 2 I
0 0 ,92'9E( '3.9(.Y(.68'S
•J Cl I J f��' SOI, - —--—
L, I 1 I St)).�1 311
0 '
N Dill.' 7.: r
`d a
DI � 'I x2
^^ 0 o a a a II
1..1.. w v
01:11 pp
f.3y 9y�
i 11§5 01011§41
c- i ,Ill
^ LL or I°I.I 111i I f I i.I°I I ..00 I y! H 2bt? i ib- 3i6
1 $$ xi lPat
W I ��t ' I 6— } C H h by�i yi y{Pia F'�(<a
IE O '" Q ...i:U d (aQS6 R aIIta*a.
121 QQC] I n: ¢ I 8 a Tgg l 4
h' - — 0 U�-i w N 4 xa� qe �$
Q m I O Y A •i 6 n _ nq gigigihiP4
U ' 1 i i4 O 2, _ a o o HO 3� 61§a3
g; 141 i€ • ', a 1 a 0 L gd6y11;R1Viis�
i { i i .y
o—, moi• ■® . �� 2 < SS(Aagq1 RpQ� tQ0y 144!
k o—
CO i $° i ••
E b b
i
Z
i 'o _ � .... .-1-.7--.• : .•—:.�,_:, r, w
LI.L..—...—..12:.-,;j_ i '-. - ii -'��^.6E`E.98'S rt___ _- LU
T s ,L2'LOZ f
'\ Q
J I _ _ motes I' z
J 3s nii �l • 10 ,31
S' �.T ii� ,�1%NN=:cog ._: a'4�.:-��� 1 i re ,N 0
_N. e -7-77.........-:I o ..:,.,5 -
e_ Q
z1r .. • ao
cn
2
SNOW/A.313 kiOk91.%3 .=.7.77:771:7=7: 5°a`
opo 'oSldody ' �i
Q2iI§ QVifv_1 pppa o ds >oa tstl 04 tni....; Imo; k 'r
3 a v OA e o ata-m•.. I !/�8^ �
wHHof•M..Potl
Q e 3
Q
f
4 41
1 A xi
!i Vi i gs, $ "an
W
W
O
V
N
�
� O
V a, o
mv r ti
U
i
I
®BH
•
, I ,
,,i, . _..
,„ . .,
fel i ! k
lir,.
I � m•
/ .1 •
_,
4,.
�iiiie
I , ,..
, .
• I 17. ii
,1 _ N w I 1I
i
I
i
ilk
ISI
i 1 I
Cf(111:
.7
0111100 MLWTc10.1/M..0...MmuM WI 1/o111-WM Mai.Mm mOO.IP'»RN MOMtVal Mal i 040 trmla 213i100 Y.w Mm6 S+%MM On STOrM LAMM Ica .rc.l.m MM,.a._i 4,MA 4.wm41,0a...M41,.,w..AOI.S1mallAMM:lt.cw.O41O.T.x.
ORDINANCE NO. 2018-
CASE NO. CPA-2018-001: LADYBIRD ACADEMY PUD
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 5.45 ACRES LOCATED
ON THE SOUTH SIDE OF WEST ROAD AND 400 FEET EAST OF THE
INTERSECTION OF WEST ROAD AND OCOEE APOPKA 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-2018-001 in order to amend the Future Land
Use designation of certain real property containing approximately 5.45 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-2018-001 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
WHEREAS, on February 13, 2018, 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-2018-001; and
WHEREAS, on March 20, 2018 the City Commission held an advertised public
hearing and adopted Amendment Number CPA-2018-001; 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-2018-001 consistent with
the provisions of this Ordinance.
2
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 ,2018.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
(SEAL)
ADVERTISED ,2018
READ FIRST TIME ,2018
FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED
THE CITY OF OCOEE,FLORIDA ,2018
Approved as to form and legality this UNDER AGENDA ITEM NO.
day of , 2018.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
3
EXHIBIT "A"
(The"Property")
Forthcoming
4
EXHIBIT "B"
INSERT MAP]
Forthcoming
5
ORDINANCE NO. 2018-
(Annexation for Ladybird Academy PUD)
TAX PARCEL ID: 06-22-28-0000-00-008
CASE NO. AX-10-17-66: Ladybird Academy PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/-5.45 ACRES LOCATED ON THE SOUTH SIDE
OF WEST ROAD AND 400 FEET EAST OF THE INTERSECTION OF
WEST ROAD AND OCOEE APOPKA 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 +/- 5.45 acres of property, as more particularly described in Exhibit "A"
attached 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 Land Development Code of the City of Ocoee (the"Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which has from time to time been amended by Orange
County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the
real property hereinafter described; and
WHEREAS, on February 13, 2018, the Planning and Zoning Commission of the
City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the
Ocoee Comprehensive Plan, compliant with all applicable requirements of the Code, consistent
with the JPA Agreement, and in the best interest of the City of Ocoee, and recommended the
Ocoee City Commission approve said annexation; 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 C-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. 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 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 to update and
supplement official City maps of the City of Ocoee, Florida,to include said land herein described
and annexed.
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. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, 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 , 20I8.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2018
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY ,2018, UNDER AGENDA
THE CITY OF OCOEE, FLORIDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2018
SHUFFIELD,LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Legal Description
THE SOUTHWEST 1e OF SOUTHWEST 1e OF SOUTHWEST '/ OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA LESS ROAD
RIGHT OF WAY.
LESS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 21, AND RUN
THENCE NORTH 00°33' WEST 353.57 FEET FOR A POINT OF BEGINNING; FROM SAID
POINT OF BEGINNING CONTINUE NORTH 00°33' WEST, 300 FEET; THENCE NORTH
89°27' EAST, 170 FEET; THENCE SOUTH 23°59' EAST, A DISTANCE OF 326.90 FEET;
THENCE SOUTH 89°27' WEST, 300 FEET TO THE POINT OF BEGINNING.
AND LESS: THE WEST 50 FEET OF THE NORTH 285 FEET OF THE SOUTH 353.57 FEET
OF THE SOUTHWEST '/OF SOUTHWEST Y OF SOUTHWEST '/OF SAID SECTION 21.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE
N00°22'57"W, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION
21, A DISTANCE OF 67.88 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
STATE ROAD 50, ALSO KNOWN AS WEST COLONIAL DRIVE (150' RIGHT-OF-WAY
PER FDOT MAP SECTION NO. 75050); THENCE N89°48'17" (E, ALONGSAID NORTH
RIGHT-OF-WAY LINE OF STATE ROAD 50, A DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N89°48'17" E, ALONG SAID NORTH
RIGHT-OF-WAY LINE OF STATE ROAD 50, A DISTANCE OF 611.97 FEET TO A POINT;
THENCE N00°17'03" W, ALONG THE EAST LINE OF THE SOUTHWEST Y OF THE
SOUTHWEST '/ OF THE SOUTHWEST % OF SAID SECTION 21, A DISTANCE OF 595.61
FEET TO THE NORTH EAST CORNER OF THE SOUTHWEST 'Y OF THE SOUTHWEST '%
OF THE SOUTHWEST Y OF SAID SECTION 21; THENCE 589°46'24" W, ALONG THE
NORTH LINE OF THE SOUTHWEST ''/ OF THE SOUTHWEST ''A OF THE SOUTHWEST ''A
OF SAID SECTION 21, A DISTANCE OF 662.99 FEET TO THE NORTHWEST CORNER
OF THE SOUTHWEST 'A OF THE SOUTHWEST '/ OF THE SOUTHWEST '/ OF SAID
SECTION 21; THENCE S00°22'57" E, ALONG THE WEST LINE OF THE SOUTHWEST 'A
OF THE SOUTHWEST 1/4 OF THE SOUTHWEST Y OF SAID SECTION 21, A DISTANCE
OF 9.56 FEET TO A POINT; THENCE N89°37'03" E, A DISTANCE OF 170.00 FEET TO A
POINT; THENCE S23°44'36" E, A DISTANCE OF 327.85 FEET TO A POINT; THENCE
S89°48'13" W, A DISTANCE OF 250.00 FEET TOP A POINT; THENCE S00°22'57" E,
ALONG A LINE PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 'A OF SAID SECTION
21, A DISTANCE OF 285.69 FEET TO THE POINT OF BEGINNING.
CONTAINING 309,592 SQUARE FEET OR 7.107 ACRES, MORE OR LESS.
EXHIBIT "B"
Map of Annexed Area
Forthcoming
ORDINANCE NO. 2018-
(Rezoning Ordinance for Ladybird Academy PUD)
TAX PARCEL ID: 06-22-28-0000-00-008
CASE NO. RZ-17-10-07: Ladybird Academy PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-5.45 ACRES
LOCATED ON THE SOUTH SIDE OF WEST ROAD AND 400 FEET
EAST OF THE INTERSECTION OF WEST ROAD AND OCOEE
APOPKA 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/-5.45 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County 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 City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No.
91-28,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 February 13, 2018, 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 find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on March 20, 2018, 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 +/-5.45 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I 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. 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 4. 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 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2018.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED
READ FIRST TIME , 2018.
READ SECOND TIME AND ADOPTED
, 2018.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2018.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
fThe"Property"2
EXHIBIT "B"
]INSERT MAP]
Forthcoming