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Home My WebLink AboutItem V (A & B) Public Hearings: Ordinance No 93-11 and 93-12 AGENDA 7-6-93 Item V A & B F OLEY Sc LARDN ER III NORTH ORA E AVENUE, SUITE 1800 ORLANDO,\FLORIDA 32801 TELEPHON t 071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commission of the City of Ocoee FROM: David P. Barker, Esq., Assistant City Attorney END THROUGH: Paul E. Rosenthal, Esq., City Attorney Pt a DATE: June 30, 1993 RE: PROPOSED ORDINANCE NO. 93-11 ANNEXATION AND PROPOSED ORDINANCE NO. 93-12 INITIAL ZONING FOR CASE NO. 1-4AR-93: HOLZWORTH Attached hereto are revised Exhibit "A" to Ordinance Nos. 93-1 1 and 93-12. The legal description originally submitted by the applicant contained an error which has been subsequently corrected on the attached Exhibit "A". In order to adopt the revised Ordinances, it will be necessary to take the following actions: 1. Move to replace the Exhibit"A" attached to Ordinance No. 93-11 with the new Exhibit "A" attached hereto. 2. Move to replace the Exhibit "A" attached to Ordinance No. 93-12 with the new Exhibit "A" attached hereto. The above motions will allow for the adoption of Ordinance No. 93-11 and Ordinance No. 93-12, as amended. OIL cs EXHIBIT "A" (Case No. 1-4AR-93: HOLZWORTH) LAND DESCRIPTION: (PER OFFICIAL RECORD BOOK 3237, PAGE 1761) WEST 120 FEET OF THE FOLLOWING PROPERTY: BEGINNING 30 FEET NORTH AND 30 FEET EAST OF SW CORNER OF EAST 1/2 OF SE 1/4 OF NE 1/4 OF SECTION 17 , TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 176. 1 FEET, EAST 240. 13 FEET, SOUTH 176 . 1 FEET, WEST 240.23 FEET TO POINT OF BEGINNING, ORANGE COUNTY, FLORIDA: LESS PROPERTY DEEDED TO STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 686, PAGE 471 AND OFFICIAL RECORDS BOOK 686 , PAGE 473, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING ALSO DESCRIBED AS FOLLOWS: (PREPARED BY CEMS CONSULTANTS, INC. ) COMMENCE AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 17 , TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE NORTH 00' 19 ' 42" WEST ALONG THE WEST LINE OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 17 , A DISTANCE OF 40.02 FEET; THENCE SOUTH 88'44 '42" EAST ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE-HALF (E1/2) OF THE SOUTHEAST ONE-QUARTER (SE1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SAID SECTION 17, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00' 19 '42" WEST, 166. 16 FEET; THENCE SOUTH 88'44 ' 42" EAST, 120.05 FEET; THENCE SOUTH 00'19 ' 42" EAST, 166. 16 FEET; THENCE NORTH 88'44 ' 42" WEST, 120.05 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.458 ACRES MORE OR LESS t . EXHIBIT "A" (Case No. 1-4AR-93: HOLZWORTH) LAND DESCRIPTION: (PER OFFICIAL RECORD BOOK 3237, PAGE 1761 ) WEST 120 FEET OF THE FOLLOWING PROPERTY: BEGINNING 30 FEET NORTH AND 30 FEET EAST OF SW CORNER OF EAST 1/2 OF SE 1/4 OF NE 1/4 OF SECTION 17 , TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN NORTH 176.1 FEET, EAST 240.13 FEET, SOUTH 176 . 1 FEET, WEST 240. 23 FEET TO POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; LESS PROPERTY DEEDED TO STATE OF FLORIDA IN OFFICIAL RECORDS BOOK 686, PAGE 471 AND OFFICIAL RECORDS BOOK 686, PAGE 473, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING ALSO DESCRIBED AS FOLLOWS: (PREPARED BY CEMS CONSULTANTS, INC. ) COMMENCE AT THE SOUTHWEST CORNER OF THE EAST ONE—HALF (E1/2) OF THE SOUTHEAST ONE—QUARTER (SE1/4) OF THE NORTHEAST ONE—QUARTER (NE1/4) OF SECTION 17 , TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE NORTH 00' 19 ' 42" WEST ALONG THE WEST LINE OF THE EAST ONE—HALF (E1/2) OF THE SOUTHEAST ONE—QUARTER (SE1/4) OF THE NORTHEAST ONE—QUARTER (NE1/4) OP SAID SECTION 17 , A DISTANCE OF 40.02 FEET; THENCE SOUTH 88'44 '42" EAST ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE EAST ONE—HALF (E1/2) OF THE SOUTHEAST ONE—QUARTER (SE1/4) OF THE NORTHEAST ONE—QUARTER (NE1/4) OF SAID SECTION 17, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00' 19 '42" WEST, 166. 16 FEET; THENCE SOUTH 88'44 '42" EAST, 120.05 FEET; THENCE SOUTH 00'19' 42" EAST, 166. 16 FEET; THENCE NORTH 88'44 ' 42" WEST, 120.05 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 0.458 ACRES MORE OR LESS . AGENDA 7-6-93 \\ "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A & B Ocoee ° �•'44CITY OF OCOEE RUSTY OHNNSSON Q 150 N.LAKESHORE DRIVE PAUL W.FOSTER 0 OCOEE,FLORIDA 34761 VERN COMBS cr. Jr (407)656-2322 SAM WOODSON cr. OF G OOV v' CITY MANAGER ELLIS SHAPIRO SRP-384 STAPP REPORT TO: The Honorable Mayor and City Commissioners FROM: Bruce C. Behrens, Planning Director DATE: June 9, 1993 RE: CASE NUMBER: 1-4AR-93: HOLZWORTH ORDINANCE NOS. : 93-11 AND 93-12 ISSUE: Should the Honorable Mayor and City Commission approve this application to Annex and Initially Zone the subject parcel from Orange County "C-1, Retail Commercial District", to City of Ocoee, "C-1, Neighborhood Commercial District"? BACKGROUND DISCUSSION: The approximately one-half (1) acre subject parcel is located at the northeast corner of Silver Star Road and Second Street (see attached location map) . Site access is provided by Silver Star Road. The owners of the subject parcel are: James E. and Janeth K. Holzworth The Planning Director has examined this application and has determined that it is consistent with the City of Ocoee's Comprehensive Plan and Future Land Use Map. The property proposed for annexation is designated Commercial on the Future Land Use Map. A thorough impact study as called for in the Comprehensive Plan, has been completed on this proposed annexation. 614 �.I STAFF REPORT-HOLZWORTH June 9, 1993 PAGE TWO The City can currently provide urban services to this property. The property is in the City sewer territory. The property is in the City water territory. Both Orange County and adjacent municipalities have been informed of this proposed annexation, as required by the Comprehensive Plan and the CAMP Agreement. PLANNING AND ZONING COMMISSION RECOMMENDATION: With a 7 to 0 vote, the Planning and Zoning Commission took the following action with respect to the petition in CASE NO. 1-4 AR- 93: Holzworth: The Planning and Zoning Commission found the requested annexation and initial zoning to be consistent with the Ocoee Comprehensive plan and Future Land Use Map and, in compliance with all applicable requirements of the Ocoee Land Development Code and in the best interest of the City and recommended to the City Commission approval of the petition in CASE NO. 1-4 AR-93: Holzworth and that the property described therein be annexed with the initial zoning of C-1 Neighborhood Commercial as requested by the petitioner and that the City Commission find the proposed annexation and initial zoning to be consistent with the Ocoee Comprehensive Plan. STAFF RECOMMENDATION: ANNEXATION AND INITIAL ZONING CONSISTENT WITH COMPREHENSIVE PLAN: "The Planning Department recommends that the City Commission, in separate votes, take the following actions to the petition in Case Number 1-4 AR-93 : Holzworth. (1) Approve Ordinance No. 93-11 annexing the subject parcel. (2) Approve Ordinance No.' 93-12 establishing an initial zoning for the subject parcel. cc: Applicant-Orange County-CAMP Agreement Parties Orange : • County Planning Department i Bruce W. McClendon,Manager •.:,. 201 South Rosalind Avenue,2nd Floor w=•.`.: Keply To;Post Office Box 1393 Orlando,Florida 32802-1393 Telephone(407)836-5600 April 28 , 1993 Bruce Behrens - Planning Director City of Ocoee VIA FACSIMILE 150 South Lakeshore Drive Ocoee, Florida 34761 SUBJECT: Property Located at the Northeast Corner of Silver Star (State Road 438) and Second Street (Tax I . D. #17-22-28- 0000-00-080) Dear Mr. re . A preliminary review of the subject property indicates that it is zoned C-i (1960) and designated Low Density Residential on the Orange County Future Land Use Map. County records also show the property to be contiguous to the City and annexation would reduce an existing enclave. ' I i Please be advised that the County reserves the right td comment on the annexation during the review period prior to the official annexation. It should be noted that the annexation may be subject to future challenges under Chapter 163, Florida Statutes upon issuance of a "development order. " Decisions to pursue legal action under Chapters 171 or 163 , Florida Statutes, are made by the Board of County Commissioners. If I can be of further assistance, please call me at 836-5600. • Sincerely, �r < Chris Testerman • ` i Acting Principal Planner CRT/lab Post-lt'"brand fax transmittal memo 7671 •of pages ► T U rccel5 cm:45 co Q F 04-0 Coot' C..to Coat. Oect? t 60.-% fan 5 p��e�.r'+��D" sf,oQ Fsf i<a w