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Item #06 Tiger Minor Park Second Reading of Ordinances -, AGENDA ITEM COVER SHEET Meeting Date: March 18, 2008 Item # V; Contact Name: Contact Number: 7'J" Michael Rumer 407-905-3100 x 1018 Reviewed By: Department Director: City Manager: Subject: Tiger Minor Park Annexation and Rezor1ing Ordinances Project # AX..o1-07..o11 RZ-07-01-01 Commission District 3 - Rusty Johnson Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for two parcels of land consisting of 9.46 +/- acres, further known as Tiger Minor Park? Background Summary: Parcel Identification Number: 17-22-28-6144-05-050 &17-22-28-6144-05-060 General Location: The subject property is located on the north side of Geneva Street, 2,000 feet east of the intersection of Geneva Street and Bluford Avenue. The City of Ocoee is requesting the annexation of two parcels totaling 9.46 :i: acres and an initial zoning from Orange County "A-1" (Citrus Rural) to the City of Ocoee "R-1A" (Single-Family Dwelling). The initial zoning requested will be equivalent to the zoning on the northern portion of tiger Minor Park that is currently located within the City of Ocoee boundaries. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcelS: Direction Future Land use Zonina Classification Existina Land Use North Low Density / High R-1A "Single-Family" / R-3 Detached Single-Family Densitv Residential "Multiple-Familv Dwellina" Dwellina East Low Density Residential R-1M" Single-Family Dwelling" Single-Family Dwellings South High Density Residential Unclassified Vacant West Low Density Residential R-1A "Single-Family Dwelling" Single-Family Actual land use and uniaue features of the subiect property: Tiger Minor Park is one of City of Ocoee's premier parks that provides a playground, pavilion, benches, grills, basketball court, tennis courts, & restrooms. The property subject to the annexation consists of an access driveway and wetlands. 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 on all four sides. Joint Plannina Area Aareement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. The City is requesting rezoning of the properties to R-1A (Single-Family Dwelling) which is consistent with the zoning of the existing park property on the north side. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Rezonina: City staff is requesting a City of Ocoee zoning designation of R-1A (Single-Family Dwelling). According to the Land Development Code. The R-1A zoning designation is consistent with the park property to the north that contains the R-1A zoning and adopted future land use designation of Recreation shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the Citv's Comprehensive Plan. the JPA Aareement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: The property has been provided services from the City since its inception as a City park. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation will eliminate an enclave which is not allowed under Florida Statute. Urban services are currently provided. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On November 28, 2007, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation and rezoning of the Tiger Minor Park Property as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Rezoning of the Tiger Minor Park Property was reviewed at a Public Hearing by the Planning and Zoning Commission on February 12, 2008. One resident spoke at the meeting. Glen Thomas, who resides at 616 Gallego Avenue said that he and some of the other residents were worried since there was talk of a lot of development going on around the area that apartments and condos could be placed on or near the site. Mr. Thomas also stated another concern he has is the up keep of some of the tennis courts and some of the other areas in the park that definitely needs to be fixed. He further stated the tennis court has about a 2-foot slope and he is paying for private lessons for his son and it is his understanding that a portion of that fee was to go to the City to go towards the up keep of the courts. Chairman Milton West stated he appreciates his concern, however, the Planning & Zoning Commission is not the board that can help resolve this problem and he advised Mr. Thomas to go to the Parks and Recreation Board or City Commission. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 9.46 acres parcel of land known as the "Tiger Minor Park property". STAFF RECOMMENDATION: Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 9.46 +/- acres of land known as the Tiger Minor Park Property, and also adopt the ordinance to rezone the property to "R-1A" Single-Family Dwelling. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Aerial Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Financial Impact: None. 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"i:: ~ .- .- .- .- Q) .t:: :uro ~ ~~~~~:;: C I- .fl" ...2 :;::;::;::;: E 0 E ~ "O.c C:O "5 N 0 0 0 0 ro >. Ql Q) :J._ CJ I >. >. >. >. u. = "0 Co ro ~ ro 'C: <( = = = = 6 E ~ g:R:U.g~~~~~~~~ "I:: ....u g- ~ .~ "ffi 1l u, u, u, U, ell ~ c.. 0 ......Q)Q)Q)Q) Co .~ g ~ Q) :J Cl Cl Cl Cl cb :;:: .0 .- "0 (.) c: .0 c: c: c: c: c: "5 ~:5ffig>~~i:i5i:i5i:i5i:i50~ Il ~ ~ 1 J[[I CD o o ..... o '<t CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-01-07 -01 ApPLICANT NAME: City of Ocoee PROJECT NAME: TIGER MINOR PARK 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. II. PLANNING DEPARTMENT Michael Rumer I City of Ocoee B. Property Location 1. General Location: North side of Geneva Street 2. Parcel Identification Numbers: 17 -22-28-6144-05-050/060 3. Street Addresses: 401 E Geneva Street / 409 Jackson Street 4. Size of Parcels: 9.46 C. Use Characteristics 1. Existing Use: 2. 3. 4. City owned park consisting of: playground, pavilion, benches, grills, basketball court, tennis courts & restrooms. Same N/A N/A JPA Land Use Map-Low Density A-1 (Agricultural District) Recreation/Open Space & Conservation/Flood Plains R-1A (Single-Family Dwelling) E. Yes Yes III. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 1-3 Minutes 2. Distance to Property: Distance - 0.3miles from Station 1 (Bluford Ave) 3. Fire Flow Requirements: Fire Flows 750 gpm III. POLICE DEPARTMENT 1. Police Patrol Zone I Grid I Area: Chief Ron Reffett Zone 3 IIGrid 102 Page 1 of 3 Applicant Name: City of Ocoee Project Name: Tiger Minor Park Case #: Ax-01-o7-01 2. Estimated Res onse Time: 3. Distance to Pro e 4. Avera e Travel Time 1 Minute 45 Seconds at 25 MPH .9 miles 1 Minute 45 Seconds at 25 MPH Michael Rumer $20,112 $20,112 Unknown Unknown Unknown Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Michael Rumer Yes, Zone AE per FIRM Map 12095C0220E I VI. UTILITIES David Wheeler, P.E. ] A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: yes 4. Location and Size of 2" Water Main Located on Geneva Street Nearest Water Main: B. Sanita Sewer 1. In Ocoee Service Area: 2. Ci Ca able of Servin Area: 3. Extension Needed: 4. Location and Size of Nearest Force Main: 5. Annexation A reement Needed: Yes Yes No 10" Force Main runs through property No I C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: City of Ocoee Project Name: Tiger Minor Park Case #: Ax-01-07 -01 I VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: N/A 3. Traffic Study: N/A 4. Traffic Analysis Zone: 593 I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer N/A A. Transportation: N/A B. Parks I Recreation: N/A C. Water I Sewer: N/A D. Stormwater: N/A E. Solid Waste: N/A F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I When developed, the property will be developed under the same requirements as other non-city owned properties. Ix. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. (Rezoning Ordinance for Tiger Minor Park) TAX PARCEL ID #sI7-22-28-6144-05-050; 17-22-28-6144-05-060; CASE NO. RZ-07-_-_: Tiger Minor Park Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-IA, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONT AINING APPROXIMA TEL Y 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 ofOcoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 9.46 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee R-1A, "Single Family Dwelling;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JP A Agreement"); WHEREAS, the JP A Agreement affects the future land use of the real property hereinafter described; WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise ORLA_669493.1 municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City ofOcoee ("PZC"); WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JP A Agreement; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Rezoning; 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 9.46 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee R-1A, "Single Family Dwelling;" SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the JP A Agreement. SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 2 ORLA_669493.1 competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2008. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2008 ADVERTISED , 2008 READ FIRST TIME , 2008. READ SECOND TIME AND ADOPTED , 2008 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_669493.1 EXHIBIT "A" PARCEL 17-22-28-6144-05-050 Lots 5,6 and 7 of block "B" as recorded in plat Book A Pages 1 00 and 1 01 of the public records of Orange County, Florida, A parcel of land lying in the Northwest 1/4 of Section 20, Township 22 South, Range 28 East of Orange County, Florida being more particularly described as follows; Commencing at the West 1/4 corner of said Section; thence S89%%D05'53"E, along the South line of the Northwest 1/4 of said section a distance of 1661.47 feet to the Southeast corner of lot 130 Prima Vista, as recorded in Plat Book 4 Page 130 of the public records of Orange County, Florida; thence NOO%%D37'03"W, along the East line of Prima Vista a distance of 30.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said East line NOO%%D37'03"W, a distance of 793.58 feet; thence N89%%D58'04"E, a distance of 532.94 feet to a point on the West line of Harbour Highlands II as recorded in Plat Book 17 Page 80 of the public records of Orange County, Florida; thence SOO%%D34'17"E, along said West line a distance of 334.03 feet; thence continue SOO%%D34'17"E, along the southerly extension of said West line a distance of 30.00 feet to the South Right-of-Way line of Jackson Street per said plat of Harbour Highlands II; thence S89%%D34'17"E, along said South Right-of-Way a distance of 433.17 feet to the East Line of Lot 7 of Block 5 of Map of Ocoee, as recorded in Plat Book "A" Pages 100 and 101 of the Public Records of Orange County, Florida; thence SOO%%D32'04"E, along said East Line a distance of 438.37 feet to the North Right-of-Way line of Geneva Street per said Plat of Map of Ocoee; thence N89%%D05'53'W, along said North Right-of -Way line a distance of 965.43 feet to the POINT OF BEGINNING PARCEL 17-22-28-6144-05-060 From the West X corner of Section 20, Township 22 South, Range 28 East, Orange County, Florida; Run along the South line of the Northwest X of said Section 20, S. 880 24' 16" E. 2027.65 feet; thence N 010 24' 28" E. 271.80 feet to the point of beginning; Run thence further N 010 24' 28" E. 200 feet plus or minus to a point on the North line of Lot 6, Block "5", Map of Ocoee, as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. Run thence Easterly along said North line 534.7 feet plus or minus, thence S. 010 13' 48" W. 200 feet plus or minus to a point S 880 37' 52" E of the point of beginning; run thence N 880 37' 52" W 535.37 feet to the point of beginning, Being a portion of Lots 6 and 7, Block "5", of the aforementioned map of Ocoee. 4 ORLA_669493.1 EXHIBIT "B" Tiger Minor Park Annexation and Rezoning Location Map J; I ---- 7r '\ 0 (!) ,.....'-.... ~h, ~ ~ \-J '-,......... ':.J - IlJ -1 . t.) "::J 1/--- :~. ~n ~//~~ I\.... -'" ~ Vj "- ~ GENE~ '/ 0 ~ I I 9 I ORDINANCE NO. (Annexation Ordinance For Tiger Minor Park) TAX PARCEL ID #s 17-22-28-6144-05-050; 17-22-28-6144-05-060; CASE NO. AX-OI-07-01: Tiger Minor Park Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONTAINING APPROXIMA TEL Y 9.46 ACRES LOCATED NORTH OF AND ADJACENT TO GENEVA STREET AND APPROXIMATELY 2,000 FEET EAST OF BLUFORD AVENUE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, THE CITY OF OCOEE; ANNEXING ADJACENT PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF; 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 or 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 approximately 9.46 acres of property as more particularly described in Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said application bears the signature of the City Manager of the City of Ocoee, on behalf of the City of Ocoee, the sole owner 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 ofOcoee (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 "JP A 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 ORLA_669458.1 -1- Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the lP A 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 owner 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. Authoritv. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signature of the duly authorized representative of the City of Ocoee, the sole owner 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" (METES AND BOUNDS LEGAL DESCRIPTION A TT ACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF). 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 4. Annexation to Centerline of Road. The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of-way located adjacent to the real property described on Exhibit" A" attached hereto, provided, however, that the annexation of any such right-of-way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. ORLA_669458.1 -2- SECTION 5. Consistency Findine:. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A 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 and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. SECTION 8. Liabilitv. 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. Conflictine: Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 11. Effective Date. 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. PASSED AND ADOPTED this _ day of APPROVED: ,2008. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ORLA_669458.1 -3- FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2008 FOLEY & LARDNER LLP By: City Attorney ORLA_669458.1 ADVERTISED AND READ FIRST TIME , 2008. READ SECOND TIME AND ADOPTED , 2008 UNDER AGENDA ITEM NO. -4- EXHIBIT "A" PARCEL 17-22-28-6144-05-050 Lots 5,6 and 7 of block "B" as recorded in plat Book A Pages 1 00 and 1 01 of the public records of Orange County, Florida, A parcel of land lying in the Northwest 1/4 of Section 20, Township 22 South, Range 28 East of Orange County, Florida being more particularly described as follows; Commencing at the West 1/4 corner of said Section; thence S89%%D05'53"E, along the South line of the Northwest 1/4 of said section a distance of 1661.47 feet to the Southeast corner of lot 130 Prima Vista, as recorded in Plat Book 4 Page 130 of the public records of Orange County, Florida; thence NOO%%D37'03"W, along the East line of Prima Vista a distance of 30.00 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said East line NOO%%D37'03"W, a distance of 793.58 feet; thence N89%%D58'04"E, a distance of 532.94 feet to a point on the West line of Harbour Highlands II as recorded in Plat Book 17 Page 80 of the public records of Orange County, Florida; thence SOO%%D34'17"E, along said West line a distance of 334.03 feet; thence continue SOO%%D34'17"E, along the southerly extension of said West line a distance of 30.00 feet to the South Right-of-Way line of Jackson Street per said plat of Harbour Highlands II; thence S89%%D34'17"E, along said South Right-of-Way a distance of 433.17 feet to the East Line of Lot 7 of Block 5 of Map of Ocoee, as recorded in Plat Book "A" Pages 100 and 101 of the Public Records of Orange County, Florida; thence SOO%%D32'04"E, along said East Line a distance of 438.37 feet to the North Right-of-Way line of Geneva Street per said Plat of Map of Ocoee; thence N89%%D05'53"W, along said North Right-of -Way line a distance of 965.43 feet to the POINT OF BEGINNING PARCEL 17-22-28-6144-05-060 From the West Xa corner of Section 20, Township 22 South, Range 28 East, Orange County, Florida; Run along the South line of the Northwest Xa of said Section 20, S. 880 24' 16" E. 2027.65 feet; thence N 010 24' 28" E. 271.80 feet to the point of beginning; Run thence further N 010 24' 28" E. 200 feet plus or minus to a point on the North line of Lot 6, Block "5", Map of Ocoee, as recorded in Plat Book "A", Pages 100 and 101, Public Records of Orange County, Florida. Run thence Easterly along said North line 534.7 feet plus or minus, thence S. 010 13' 48" W. 200 feet plus or minus to a point S 880 37' 52" E of the point of beginning; run thence N 880 37' 52" W 535.37 feet to the point of beginning, Being a portion of Lots 6 and 7, Block "5", of the aforementioned map of Ocoee. ORLA_669458.1 -5- EXHIBIT "B" Tiger Minor Park Annexation and Rezoning Location Map J; I I ~ 0 "- a c.9 vI-...... ~. ~ ~ -c.J ........,./ , -..:.J - IUJ :I: . () 'EJ /1-...... :~ ,n ~////~ '-. ~ ---' ~ ~ (GENE~, ~ 0 ~ I I Q I r-+ern +t ~ Copy of Public Hearing Advertisement Date Published MllV0h , 1-()D~ I Or- Lty\.J () Sen-h'(\ e ( .... Advertisement ....... OCOEE BUC HEARING PARK ANNEXATION R: AX-IIHI7-D1 NO.2OOII-1lIII ;- NOTICE IS HEREBY GIVEN, pursuant to Subsection 1-10 and 5-9 - of the CitX of Dcoee Land Development Code, that on : ~~~SJt~'a~ IW~ ~~o~c1t/1bM~'ISOMJNS ~~fN~I~egfWB~~ HEARING at the Citv of Dcoee Commission Chambers, 150. North Lakeshore Drive, Ocoee, Florida. to consider the annexation of two parcels generallY located on the north I side of Geneva Street, 2,000 feet east of the intersection of Geneva Street and Bluford Avenue. The Parcel Identifica- tion Numbers for this reauest are 17-22-28-6144-05-050 and 17-22-28-6144-05-060 and to consider the following ordi- nonce: CASE NO. AX-0l-07-D1: liger Minor Park Annexation ~ i-~t~ ~-- LAKE STARKE ~~;?/Lf1 i .oRLANDO. ~.';- &Y.tll~l !:'tfQRMIGASI' --~-::--..:_~- ::'1" ;-. Uj-I b->_ ;-:--.--- > --- E [-'[6 [- j(~' '-'-r- - J.: --,.-~~ II II~ I':~-I- '. -~ r2 'I=-' ~-: ~ i Tr' i :1' r~~! -~ l I ::r ~ J ~ u' ,'" !> ~ '" r;tnc. _~ _ ~L_____ ,;-, --1 __. __ ;- ;:--1 _ ;- :- 13A61~_AL -' - I '-::" i " - -8; ',' I ~-~~~--:--,:' j --- - -----, ;-=,,-;..:., 1 .91.......' "., I----IL.=.~"'~~~::L...:..__--..:__.__! i ___.J:J If the opplicanl's request is eppraved, the annexation would incorporate the property into the City of Ocoee. Pursuant to Subsection 5-9 A. of the Land Development Code, the Planning Director has determined that the reo quested annexation is within the Ocoee-Orange County Joint Planning Area (JPA), and is consistent with the Ocoee-Orang~ County JPA Land Use Map and the Ocoee Comprehensive Plan. The compiete case file, including a complete legal de. scription by metes and bounds, may be inspected of the Ocaee Community Development Deportment/Planning Di- vision located at 150 North lokeshore Drive, Ocoee, Flori- da between the hours of B:OO a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to , other dotes and times. as it deems necessary, Any inter. ested party shall be advised of the dotes, times, and plac- es of any continuation of these or continued public hear- ings shall be announcea during the hearing and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any de- I cision mode at the public hearings will need a record of the proceedings and far this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the ap- peal is based. Persons with disabilities needing assistance to participate in any of these' proceedings should contact the City Cierk's Office 48 hours in advance of the meeting at 407-905.3105. Beth Eikenberry, City Clerk o Ls64829B 3/6, 13, 2008 __J '." Copy of Public Hearing Advertisement Date Published Or lardo ~.-r;nL I /VVlnh Advertisement ..!J CITY Of OCOEE NlIT1Cl! Of PUBlIC HEA8lHG FOR nGER PARI( ANNEXAlION CASE Al(-IlI-87-Ol ORO NO. 2lIII-Olll NonCE IS HEREBYGIVEN'fursl'lont t3 Subsection 1-10 and 5-9 %E1~ly~llX.;~ ~c~ ATa~~5 ~~~ o~o~~~nCfh~er~~~t ~~ Gractlcal. the. ~TOEE CITY COMMISSION will hold a PUBUC N~~GLgk:S~eO~ tbr~~e~c~~~7Jm~fa~n t;~~';\'s~~~ ~ annexation of two parcels generallv located on the north side of Geneva Street. 2,000 teet east of the intersection of Geneva Street and Bluford Avenue. The Parcelldentifica- 1T0n Numbers tar this request are 17-22-28-6144-05-050 and 17-22-28-6144-05-060 and to consider the following ordi- nonce: .. 11gI, ~;a1l AnneidoIt LocoIdOn Map :;:)~--<:~_ ~g~~~'tQ I ./r:--""r~-''T-;---- ~ / ^ ( I // /;.\ ': , : i/~/~~;~ ~-_. LAKE STARKE:2; F-J- !~.DRLANOO___.:____,~ _.~:~Fr '~~I:~::T!TT--'-R t'--T={a~ Uf1'" ,~c'l-Ti.; i:-'-,; H 1,-~g.C'~ ~. '! I~.,; ~.~,:~'t~t.'t:,j,:~r~.m '~lt;!'-'~, i'..IT;,?t~~'r,i,i I ;~ '-:~~:'~:[~~..~.~ il~~"~-: ; ~~.~i~'b1Y4~,~.~ -tt r:!'~; t," r::1 .. -e,' Jra ='.......TT i~&~tJ:_ - '.., "..' .":, ~s:-~,.! ~~E~r~~~ []~' ' l._l ~ II 6 ~~: - - .::r"--'--- --: ---1 i-t ~ ,VI" '-.M 'd~ "I.. ~ I' If the applicant.s request is approved, the annexation would incorporate the prapertv Into the Cltv of Ocoee. Pursuant to Subsection 5-9 A. of the Land Development _ Code, the Planning' Director has determined that the re- '. .cuested annexation is within the Ocoee-Orange County o ~oint Planning Area (JPAI, and is canslsten' with the Ocoee-Orange County JPA Land Use Map and the Ocoee _Comprehensive Plan. ) The complete case file. including a complete I'egal de. scrlpllan bv metes and bounds may be Inspected at the Ocoee Community Develapmenl Department/Planning DI- vision located 01150 North Lakeshore Drive. Ocoee. Flori. do between the hours of 8:00 a.m. and 5c:00 p,m., Mondav thr9ugh Frldav. except legal' holidays., The City Commission may conllnue the public hearings to ather dates pnd limes,. as it deems necessarv.. Anv inter- "sted party shall be advised of the dates, times, and plac- es of any continuation of these or conflnued public hear- ings shall be announced during the hearing and no further nollces regarding these motters will be published. You are advised that anv person who desires to appeal any de- cision made 01 the public hearings will need a record of l~~t6~~~I~ ~~o~r a~hl~e"~~~~~ ~~'3e e~~y~~ includes the testlmanv and evidence upon which the ap- peal is based. Persons wil~ disabilities needing assistance l~:grnci!l~:ti~nb'Wi~eo~~t"rfrg~~~~~~ ~~~~ ~~l?~~ at 407-905-3105. Beth Eikenberry. City clerk OLS64Il298 3/6. 13. 2008 l3~ 7elDY