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VII(A2) Ingram Estates, Project #AR-03-12-13 Agenda 03-16-04 e coater of Good Li Item VII A2 a,b,c,d Mayor �� Commissioners S. Scott Vandergrift .."r Danny Howell, District 1 �� Scott Anderson, District 2 City Manager4Rusty Johnson,District 3 Jim Gleason NancyJ. Parker, District 4 =-- --� STAFF REPORT DATE: March 8, 2004 TO: Mayor& City Commissioners FROM: Terry L. James, AICP, Principal Planner(4 THROUGH: Russ Wagner, AICP 0/11/ Community Development Director SUBJECT: Ingram Estates Annexation, Initial Zoning &Annexation Agreement Case Number AR-03-12-13 Ordinance 2004-02: Annexation of Lake Tracey LLC & MCO Industries parcels Ordinance 2004-03: Rezoning of Lake Tracey LLC & MCO Industries parcels Ordinance 2004-04: Annexation of Gilliam Trust parcel Ordinance 2004-05: Rezoning of Gilliam Trust parcel ISSUE: Should the Mayor& City Commissioners adopt Annexation Ordinance #2004-02 and Rezoning Ordinance#2004-03 for the Lake Tracey LLC&MCO Industries parcels and adopt Annexation Ordinance#2004-04 and Rezoning Ordinance#2004-05 for the Annie D. Gilliam Trust? BACKGROUND: General Location: Three parcels located on the southeast corner of the McCormick Road and Ingram Road intersection. Parcel Identification Numbers: 32-21-28-0000-00-006 (Lake Tracey LLC/Ingram Estates) & 31- 21-28-0000-00-024 (Annie D. Gilliam Trust)&32-21-28-0000-00-011 (MCO Industries). Property Size: 28.67 +/-, 4.77 +/-&4.77 +/-acres, respectively. Actual land use and unique features of the subject property: • Lake Tracy LLC/Ingram Estates Parcel: The property is pastureland with no unique features. • Gilliam Trust Parcel: The property has two story residential structures, a greenhouse and a barn. It operates as an g'gricultural business. There are no unique features on the property. City of Ocoee• 150 N Lakeshore Drive-Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us Ingram Estates AR-03-12-13 Page 2 of 4 • MCO Industries Parcel: This property operates as an agricultural business with the associated agricultural buildings. There are no unique features on the property. The future land use & requested initial zoning classification of the subiect property: • Lake Tracey LLC/Ingram Estates Parcel: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density Residential Ocoee/Low Density Residential Use Classification Jurisdiction/Zoning Orange County/A-1 (Agriculture) Ocoee/R-1-AA(Single Family Classification Residential) • Gilliam Trust Parcel: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density Residential Ocoee/Low Density Residential Use Classification Jurisdiction/Zoning Orange County/A-1 (Agriculture) Ocoee/A-1 (General Agricultural) Classification • MCO Industries Parcel: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density Residential Ocoee/Low Density Residential Use Classification Jurisdiction/Zoning Orange County/A-1 (Agriculture) Ocoee/R-1-AA(Single Family Classification Residential) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE CURRENT ZONING LAND USE North Public Facilities& Orange County/Citrus Rural Institutional East Low Density Residential Orange County/Citrus Rural South Low Density Residential Ocoee/R-1-AA: Single Family Residential West Low Density Residential Ocoee/R-1-A: Single Family Residential All three properties are designated "Low Density Residential" on the Joint Planning Area (JPA) Land Use Map. The applicant has requested an Ocoee initial zoning classification of R-1-AA: Single Family Residential for the Lake Tracy LLC/Ingram Estates and MCO Industries properties and A-1: General Agricultural for the Gilliam Trust property. The applicant is proposing a single-family residential subdivision on the Lake Tracy LLC and the MCO Industries properties with the Gilliam Trust property continuing as an agricultural business for the near future. These requested Ocoee initial zonings are consistent with the JPA Land Use Map and the Ocoee Future Land Use Map. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Ingram Estates AR-03-12-13 Page 3 of 4 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 requested annexation is not an enclave and such annexation would not result in an enclave being created. The properties are contiguous with Ocoee lands previously annexed to the west. 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. 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...." DISCUSSION: The subject properties have a land use designations of "Low Density Residential" on the Joint Planning Area Land Use Map and are consistent with the adjacent properties on the east, south, and west that are also designated "Low Density Residential". The applicant has petitioned the City to grant an initial zoning designation to the Lake Tracy LLC and MCO Industries properties as R-1-AA: Single Family Residential and for the Gilliam property as A-1: General Agricultural. These requested zoning designations are consistent with the City's Future Land Use designation and are compatible with the development character of the surrounding properties. Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed uses and size of the parcel, Staff determined that the urban services could be adequately provided to the subject property with water and sanitary sewer provided by Orange County. Should the property owners choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use Classification and initial zoning is consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. Annexation Agreement: The City will require an annexation agreement with the Applicant to address the following issues: • McCormick Road Right of Way: The dedication of an additional 10 feet south of the current right of way for the purpose of drainage &utilities; • Subdivision Ingram Road Entrance Alignment: The entrance/exit on Ingram Road shall be aligned with the entrance/exit of the McCormick Woods subdivision; Ingram Estates AR-03-12-13 Page 4 of 4 • Ingram Road Entrance: The entrance may require left turn lanes that will require additional right of way dedication; • Other Ingram Road Improvements: This roadway will require upgrading to City development standards contained in the Land Development Code. Coordination with McCormick Woods subdivision on these upgrades will be necessary; and • Cross-access to subdivisions to the East: The Ingram Estates subdivision plan should include at least one roadway "stub-our on the interior roads to connect with any future subdivision to the east. This connection will allow Ingram Estates access to the future extension of Clark Road to the east. DRC RECOMMENDATION: On February 25, 2004, the Development Review Committee met to consider the annexation of the Lake Tracey/Ingram Estates, the MCO Industries, and the Annie D. Gilliam Trust properties. The DRC recommended approval of the annexation of these three parcels subject to the execution of an Annexation Agreement as generally outlined above. PLANNING &ZONING COMMISSION RECOMMENDATION: Because this staff report was due to the City Clerk prior to the Planning & Zoning Commission meeting on March 9, 2004, the proceedings and recommendations of the Planning & Zoning Commission will be included in the report prepared for the April 6, 2004 City Commission meeting,when these items are scheduled for a the 2nd Reading and the Public Hearing. STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff recommends that the City Commission: 1. Adopt Annexation Ordinance # 2004-02 for Lake Tracey LLC and MCO Industries and Annexation Ordinance#2004-04 for the Annie D. Gilliam Trust; and 2. Adopt Rezoning Ordinance # 2004-03 for Lake Tracey LLC and MCO Industries establishing the initial zoning of R-IAA, Single Family Residential; and 3. Adopt Rezoning Ordinance # 2004-05 for the Annie D. Gilliam Trust establishing the initial zoning of A-1, General Agriculture; and 4. Approve the Annexation Agreement between the City and Ingram Estates. Attachments: Location Map Future Land Use Map Zoning Map Annexation Feasibility& Public Facilities Analysis Report for Lake Tracey Property Annexation Feasibility& Public Facilities Analysis Report for MCO Industries Property Annexation Feasibility& Public Facilities Analysis Report for Gilliam Trust Property Ordinance 2004-02: Lake Tracey LLC& MCO Industries Annexation Ordinance 2004-03: Lake Tracey LLC& MCO Industries Initial Zoning/Rezoning Ordinance 2004-04: Annie Gilliam Trust Annexation Ordinance 2004-05: Annie Gilliam Trust Initial Zoning/Rezoning O:\Staff Reports\2004\SR04017 CC.doc Ingram Estates Location Map McCormick Road Lake Tracy LLC No ca 0 re E i L 6 = MCO Industries Gilliam Trust , Ingram Estates Surrounding Future Land Use Map . . ........... .................................................................................. cento,otGooc,L, 1•11MINEMII IMMIIMMINIIIIIIIIIIIIIIIIIIIIMMIN MINUMIIIIIIIIMMMIIII•1111•1111111111111IM MIIMINIONIMIIIIIIIIWIIIIIIIII MN .sc'e ,... bCOE 0 ,2,... „)Ac.,=00.--, , ..... .__.. ,, , a INIIIMMIN IMMIIMMIIIMIIIIIIIMINIMMEMI IIIIIIIIIIIMMMMMMMIIIIIIIIIIIMIIIMMIIIIMIIIIIIMMIIIIOIEEIIIIIIIIIIIIMMMMIIIIIIIIIIIIIIIIIIIII NOMMEN= I MINIIIIMEMO111111111111•1111111M MMMMMMMMMM MIIIIIIIMI MMMMMM a MMMMMM IIMEll MMMMMMMMMMMMMMM NM MMMMM en 1111111•111111MMIN 1111111111MIIIIIIIIIIII 1110111111101MEMMIIIIIMENIIIIIIMME11111111111MMINMIMINIIIMMIN WWI MU INIOWNIMMEMIIIIIMIIMIIIIIIIN MIIMMEMIIINIMUMMIIIMMIIIIMIIIIIMIIIIIMIIMMIIIIIIMMIIIMM 2INEMIONNIO III MIIINIMIMMEM•1111111111111111111111111=MMMMMMMIIMMIINIIIIIIIIIIIMMMMIIMIIIIIIIIIOIIMIMMIMIIMIIIIIIMIIIIIIIIIIIIIOMMMMM MEM= ;r:MIIIIIMEMIIII11611111111010•111MIIN IIOMIIMMMMMMMMMMMIINIMIMIOEOMMMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIMMMIIIOOMMIIMII IIIIMIIMIIIM : 111111111M111•111111111•111111111.11111•1111111111NIMEMMEMINEMIONIMMINIIIMIMIIMIIIIIIIIIIIIIIIMMIIIIIIMOIMM IIMMIOM ,Z.M.IIIIIMMIll111•1111111111111111111111•111111MIN MINIMMENIMMIIIIIIIIIIIIIIIIIIIIIIIIMIMMIIIII MMMMMMMMM MEM MMMMM• 111•1111111111111M !:.:1111111•11111 11•111111•111111OMEN MIIMMMMMMMIIIIIIIIIIIIIIIIIIIIIIIIIIIIOIMIMMMIIIMIIIMIIIIOUHIIIIIIIIMIMMEMIIIMII 111111111111111•11111•11 iNIMINIMIIIIIIMIIIIIIMINIMMEIMMO INEMIIIMI1111111111111111111111111111111MMIIIIIIIIIIIIIIIIIIIIIIMIMIMMIEll • 11101111•1111•111•111 iLL11111111111•111111111111111KOMMMEMO MEMINIIIIIIIIIIIIMMINIIIMMIMIIMMIIIIIIIMMI1111111111MIIMMII Ocoee Commun'rty Development • 1111111111111•1111111 nit 11.111111111111111111111111•111MINIMMINIMM MEIBM11111111111111111111MMEMMIIIIIIIMIEMMINIUNIMMEM • 11111111011111111•11111 IMMO EVIIIMIUMEMERNMEN MIIIIIIMIIIIMMEIIIIIIIMMMMMIIIIIIIIIUISIIIMMIMINIMMMMIIIIIIIIIIM Department a 1 1 • IMON••••• il••••••••••••••MIIMM11111.11111111111111111••••••••MMIIIIIIIIIIIIIW•••••••••••••MMIIIIIIIIIIW • 1•••••••• 1••••••••••••••MMIIMIIIMMINENNION•10••••••••••MNIMIIIIMMO•••••••••••••••MMIIIIIIIMIWW 1 inch equals 750 feet • 1•••••••• 1••••••••MMOMMIMMIIIIMMIONIIII••••••••MWM11111=11111•11111111W1••••••••MMMIIIINIIIMINThill • i•••••••• IMMINE MEM.EINHOINNIMIlltarM MIIIIIIIMIIIMMIMIBM111111111111111110•111•111MIIMEWINIIIIIIMMIMIIIMMI•111111MM • IMMEM IMMIIMME EMMEN 11111MINIMMI111111111111111MMEMMIUM01111111•111111111MMEMMOMIHNIIIIIIMIPIIIIIIIIIIIIMEMMIN 07550 300 450 600 750I r , imminm• mmucommitummummemssminimmiums Ellf MMENNI111111111•111111•1111111 MMMMMM IIIIIIIIMMININ ICIMOCIFeet i- • MMMMM 1111111111.111IMME MEM 1111111111111111•11111111 MIIIIMINSIMOKIIMO11111 Printed: 3/2004 minumommimmou , ••••••••••••••••mi numo••••••••mmil : MOOMMENNEMBE 0) NOMMONIONMEN..MMMMM MMMMMMMMHNMMMM CV IIMIIMMINIMMI11111111111•11 MIIMMIIIIIIIIM ,:t• MENNEMINI111111111111111111111111111111111 MINIIIMMIIIIIIIIIIIII CC MMIIIIIIIIIMISSIMPIIIMPT•fllilr. .MIIIIIIIIIMIIIIIIIIII• 0 Subject Property (..) uniimoimhimidkiiiiiumiii . 111111111MIII0111111•11111 11•111111111111511111110111111111111011111M 11111111•1111111111111•01111111M , ' 11111 Ell M MEMO IIIMIIIIIMIIIIBIIIIIIIIIIIMII Unincorporated Territory >-. / mu /11111•1111111111•111•111111111111111M1 , , < . 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LAKE SIMS Ingram Estates Surrounding Zoning Map °eCenter of Good 1i% \ II 0 ,0010.0;44001p �e. —��Otita_ra_rarararititititara_M:�ti=DADOO :iMME=MOMMA OIMMMEMM iririurirar omM _ L mi Ocoee Community Development I I I 4 .. . . w Department 1 inch equals 750 feet 0 79 50 300 450 600 750 -- —""""„"II II I II II i' Feet Printed: 3/2004 DSubject Property v _ - - Unincorporated Territory ix Lake Tracy__C E::1andOther Municipalties — . 1 Zoning Classification: < R-1A General Agricultural (A-1) 4`CO1ncust I. Suburban (A-2) w • Single-Family Dwelling (R-1AAA) Ix � bent truftt Single-Family Dwelling (R-1AA) �z - -- - Single-Family Dwelling (R-1A) w Single Family Dwelling (R 1) `_ One- &Two-Family Dwelling (R-2) tm Multiple-Family Dwelling (R-3) ii IM Mobile Home Subdivision (RT-1) 111111 Professional Offices&Services (P-S) lI . . R-1AA MI Neighborhood Shopping (C-1) =Community Commercial (C-2) Ell General Commercial (C-3) z Restricted ManufacturingWest Orange Trail c) &Warehousing (I 1) • �• f•t,tt,l •".tr• ►,S. -- MEI General Industrial(1-2) N . :. Commercial (PUD) Low Density(PUD) i LAKE SIMS Medium Density(PUD) •-.c{ A-1 • High Density(PUD) • ///Unclassified ; • • Lakes and Water Bodies - CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-03-12-13 APPLICANT NAME: Lake Tracy LLC/D. Hagen PROJECT NAME: INGRAM ESTATES This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. • A. Applicant/Owner 1. Owner(if different from Applicant): Lake Tracy LLC. B. Property Location 1. General Location: Southeast corner of Ingram & McCormick Rds. 2. Parcel Identification Number: 32-21-28-0000-00-006 3. Street Address: 1210 West McCormick Road 4. Size of Parcel: 28.69 +/- acres C. Use Characteristics 1. Existing Use: Agriculture 2. Proposed Use: Low density residential 3. Density/ Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Agricultural 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: R-1-AA: Single Family Dwelling E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes I IL '"hFIRE DEPARTMENT' - . ChiefRon StiosnIdee 1. Estimated Response Time: 3-5 minute response time. (Fire Station 4) 2. Distance to Property: 3.1 miles 3. Fire Flow Requirements: 500 gpm fire flow required M. POLICE DEPARTMENT Chief Steve-God-oh.. 1. Police Patrol Zone/Grid /Area: 119 2. Estimated Response Time: 5 minutes 3. Distance to Property: 4 miles 4. Average Travel Time 9 minutes Page 1 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 a C 1. Property Appraiser Taxable Value: $ 7,379 2. Property Appraiser Just Value $430,650 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. I :B ILD are T: 3 R ak. a e ,AICP 1. Within the 100-year Flood Plain: No [BVI;. tithardLlie4i .E. A. Potable Water 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Force Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: n/a 2. Private Lift Station Needed: n/a 3. Well Protection Area Needed: n/a VI'TRANSPORTATION.. ._. .: F'; Terry Jarn AICP 1. Paved Access: No 2. ROW Dedication: According to the Transportation Master Plan &the Ocoee Comprehensive Plan, McCormick Road will remain a two-lane facility; however, a 10-foot ROW dedication on the south side of the existing McCormick Road ROW will be required for drainage. 3. Traffic Study: Yes 4. Traffic Zone: 536 Page 2 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 RICO 7:„.77.:,27111-77k:340NOU,RREOCY EVALUATION At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks/ Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a C. Water/Sewer: The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: "Xi SITtSPECIFICASSUES-r,' None, other than those above. X. "CONSISTENCYMITILSTATE REGULATIONS : - TeriMmEALCP Yes Page 3 of 3 CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-03-12-13 APPLICANT NAME: Lake Tracy LLC/D. Hagen PROJECT NAME: INGRAM ESTATES This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. A. Applicant/Owner 1. Owner(if different from Applicant): MCO Industries B. Property Location 1. General Location: Southeast corner of Ingram & McCormick Rds. 2. Parcel Identification Number: 32-21-28-0000-00-011 3. Street Address: 3905 Ingram Road 4. Size of Parcel: 5 +/- acres C. Use Characteristics 1. Existing Use: Agriculture 2. Proposed Use: Low density residential 3. Density/Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Agricultural 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: R-1-AA: Single Family Dwelling E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes ii. . FIRE DEPARTMENT F> '`,;.Ch of Ronr,Strasnider 1. Estimated Response Time: 3-5 minute response time. (Fire Station 4) 2. Distance to Property: 3.1 miles 3. Fire Flow Requirements: 500 gpm fire flow required iii., POLICE DEPARTMENi` Clef Std Gocion 1. Police Patrol Zone/Grid /Area: 119 2. Estimated Response Time: 5 minutes 3. Distance to Property: 4 miles 4. Average Travel Time 9 minutes Page 1 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 I MX MALUE . TenZiVantAICR. 1. Property Appraiser Taxable Value: $ 276,247 2. Property Appraiser Just Value $ 329,969 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. V . 1. Within the 100-year Flood Plain: No ,RithOir,Leei PE A. Potable Water 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Force Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: n/a 2. Private Lift Station Needed: n/a 3. Well Protection Area Needed: n/a Vii TRANSPORTATION,''' " •,' Terry James,AICRi 1. Paved Access: No 2. ROW Dedication: Ingram Rd. is to remain 2-lanes according to the Master Transportation Plan &the current Comprehensive Plan; however, ROW dedication for left turn lanes on Ingram will be needed for the western entrance to the development. In addition, the entrance from Ingram should be aligned with the entrance roadway to McCormick Woods to the west. 3. Traffic Study: Yes 4. Traffic Zone: 536 Page 2 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 I 1/111XPREEINNARY,CONCURRENCY EVALUATIONE., -4P At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks/ Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a C. Water/Sewer: The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: DCi.SITIESPECIFIC•ISSUES All Departments None, other than those above. [X. CONSISTENCY WITH.STATEREGULATIONS:-• :1! T.errOamesiA1CP1 Yes Page 3 of 3 CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-03-12-13 APPLICANT NAME: Lake Tracy LLC/D. Hagen PROJECT NAME: INGRAM ESTATES This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. AfttMatt ,.. A. Applicant/Owner 1. Owner(if different from Applicant): Annie D. Gilliam Trust B. Property Location 1. General Location: Southeast corner of Ingram & McCormick Rds. 2. Parcel Identification Number: 32-21-28-0000-00-024 3. Street Address: 3917 Ingram Road 4. Size of Parcel: 4.77 acres +/- C. Use Characteristics 1. Existing Use: Agriculture 2. Proposed Use: Agriculture 3. Density/ Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Agricultural 3. Existing Ocoee Future Land Use: Same as D. 1., above 4. Proposed Ocoee Zoning: A-1: General Agriculture E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes I IL FIRE DEPARTMENT --, Chief Ron Stroshider 1. Estimated Response Time: 3-5 minutes response time. (Fire Station 4) 2. Distance to Property: 2.7 miles 3. Fire Flow Requirements: 500 gpm fire flow required IlL POLICE DEPARTMENT chief Steve Goclon 1. Police Patrol Zone/Grid /Area: 119 2. Estimated Response Time: 5 minutes 3. Distance to Property: 4 miles 4. Average Travel Time 9 minutes Page 1 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 .�. ,• <:� <. x ,r,��4 Ten"y J irniet ICP. its • :� � •�Iw �;., �_��;,._ ..�� ...,.� �;�=�- :<< :;;- �,:�-� f.. 1. Property Appraiser Taxable Value: $ 94,347 2. Property Appraiser Just Value $ 186,699 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. I1c,:,BOILDINftDEPAI ' IIiIENT- .�� . E _ _ Terry 1. Within the 100-year Flood Plain: No gg `( g .E,. .. �"f'�=�'•=Fi...::'.�..r,- ,.:.[• .�:�. .. ..., .S.s .HEm.. .{_[ .,..SS,f�`-';�_M$.fir,.-:.. �,\��'�i��_��•�• A. Potable Water 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary; Orange County will provide potable water services per application. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary; Orange County will provide sanitary sewer services per application. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Force Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: n/a 2. Private Lift Station Needed: n/a 3. Well Protection Area Needed: n/a 1fli: TR,ASPORTATIUh1,, , __.:. _ =:=Tert'y Jar ;AICP. 1. Paved Access: No 2. ROW Dedication: Ingram Rd. is to remain 2-lanes according to the Master Transportation Plan &the current Comprehensive Plan; however, ROW dedication for left turn lanes on Ingram will be needed for the western entrance to the development. In addition, the entrance from Ingram should be aligned with the Page 2 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 entrance roadway to McCormick Woods to the west. 3. Traffic Study: Yes 4. Traffic Zone: 536 'VIII; pREfum 7 NeURROCrEVALUATION01-4:11K At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks/ Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a C. Water/Sewer: The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: -"bc:',,srrespEciFic ISSUES 2 AltDepartnientS None, other than those above. LICtONSISTENCYWITH-STATEREGULATIONS: 1erry Janiesi,AICPJ Yes Page 3 of 3 ORDINANCE NO. 2004-02 TAX PARCEL ID #s 32-21-28-0000-00-006 (Lake Tracy LLC) 32-21-28-0000-00-011 (MCO Industries Inc.) CASE NO. AR-03-12-13: INGRAM ESTATES ANNEXATION (Lake Tracy LLC and MCO Industries Inc.) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property 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 (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 006.325693.1 -1 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 redefming 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. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby fmds 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. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby fmds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. 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. 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. 006.325693.1 -2 Section 9. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. 006.325693.1 -3 PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED , 2004. THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2004. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER , 2004 AGENDA ITEM NO. FOLEY & LARDNER, LLP By: City Attorney -4- 006.325693.1 EXHIBIT "A" Legal Description MCO INDUSTRIES PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00°43'05" EAST, 331.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°56'02" WEST, 628.92 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°52'54" EAST, ALONG SAID LINE 629.15 FEET; THENCE SOUTH 00°43'05" WEST, 331.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. LAKE TRACY PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00°43'05" EAST, 662.32 FEET; THENCE NORTH 89°52'54" WEST, 629.15 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 631.95 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MCCORMICK ROAD; THENCE SOUTH 89°49'53" EAST, ALONG SAID LINE, 1160.31 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 5759.58, A DELTA OF 1°16'57", AN ARCH DISTANCE OF 128.93 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 00°45'35" WEST, ALONG SAID LINE 1293.75 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 28.69 ACRES. 006.325693.1 -5 EXHIBIT "B" Map of Annexed Area Ingram Estates Location Map McCormick Road Lake Tracy LLC co 0 MCO of Industries Gilliam Trust -6- 006.325693.1 ORDINANCE NO. 2004-03 TAX PARCEL ID #s 32-21-28-0000-00-006 (Lake Tracy LLC) 32-21-28-0000-00-011 (MCO Industries Inc.) CASE NO. AR-03-12-13: INGRAM ESTATES REZONING (Lake Tracy LLC and MCO Industries Inc.) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO OCOEE R-1-AA, "SINGLE FAMILY DWELLING DISTRICT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 33.48 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1, "Citrus Rural District", to Ocoee R-1-AA, "Single Family Dwelling District;" 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 required by the Applicant is consistent with the 1991 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 March 9, 2004 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 006.325696.1 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 April 6, 2004, 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 33.48 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-i, "Citrus Rural District," To Ocoee R-i-AA, "Single Family Dwelling District." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby fords 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. 2 006.325696.1 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 3 006.325696.1 PASSED AND ADOPTED this day of , 2004. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED , 2004. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2004. FOLEY & LARDNER LLP By: City Attorney 4 006.325696.1 EXHIBIT "A" Legal Descriptions MCO INDUSTRIES PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89057,42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00043,05" EAST, 331.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89056,02" WEST, 628.92 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89052'54" EAST, ALONG SAID LINE 629.15 FEET; THENCE SOUTH 00043'05" WEST, 331.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. LAKE TRACY PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00043'05" EAST, 662.32 FEET; THENCE NORTH 89052,54" WEST, 629.15 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040,35" EAST, ALONG SAID LINE, 631.95 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MCCORMICK ROAD; THENCE SOUTH 89049'53" EAST, ALONG SAID LINE, 1160.31 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 5759.58, A DELTA OF 1016,57", AN ARCH DISTANCE OF 128.93 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 00045'35,, WEST, ALONG SAID LINE 1293.75 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 28.69 ACRES. 5 006.325696.1 EXHIBIT "B" Area of Rezoning Ingram Estates Location Map McCormick Road Lake Tracy LLC 0 CL MCO Industries co Gilliam Trust 6 006.325696.1 ORDINANCE NO. 2004-04 TAX PARCEL ID # 32-21-28-0000-00-024 CASE NO. AR-03-12-13: INGRAM ESTATES PROPERTY ANNEXATION (Gilliam Trust) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.79 ACRES LOCATED SOUTH OF THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INTERSECTION 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 owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, hav petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property 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 (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 006.326985.1 -1 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. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby fmds 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. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby fords that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. 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. 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. 006.326985.1 -2 Section 9. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. • 006.326985.1 -3- PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED , 2004. THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2004. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER , 2004 AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney -4- 006.326985.1 EXHIBIT "A" Legal Description A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'42" WEST, ALONG SAID LINE, 628.68 FEET TO THE POINT EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF, OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°56'02" EAST, ALONG SAID LINE, 628.92 FEET; THENCE SOUTH 00°43'05" WEST, 331.43 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. 006.326985.1 -5 , EXHIBIT "B" Ingram Estates Location Map E McCormick Road Lake Tracy LLC co 0 OG E MCO I- Industries co c Gilliam Trust 0 I -6- 006.326985.1 ORDINANCE NO. 2004-05 TAX PARCEL ID # 32-21-28-0000-00-024 CASE NO. AR-03-12-13: INGRAM ESTATES REZONING (Gilliam Trust) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO OCOEE A-1, "GENERAL AGRICULTURE" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.79 ACRES LOCATED SOUTH OF THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INSTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 4.79 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1, "Citrus Rural District", to Ocoee A-1, "General Agriculture;" 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 required by the Applicant is consistent with the 1991 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 March 9, 2004 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 006.326984.1 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 Applicants, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on April 6, 2004, 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 4.79 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Citrus Rural District," to Ocoee A-i, "General Agriculture." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 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. 2 006.326984.1 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 006.326984.1 3 PASSED AND ADOPTED this day of , 2004. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED , 2004. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2004. FOLEY & LARDNER LLP By: City Attorney 4 006.326984.1 EXHIBIT "A" Legal Description A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'42" WEST, ALONG SAID LINE, 628.68 FEET TO THE POINT EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF, OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°56'02" EAST, ALONG SAID LINE, 628.92 FEET; THENCE SOUTH 00°43'05" WEST, 331.43 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. 5 006.326984.1 EXHIBIT "B" Area of Rezoning Ingram Estates Location Map McCormick Road Lake Tracy LLC 'a CO 0 OG MCO 2 Industries c Gilliam Trust 6 006.326984.1