Item 13 Second Reading of Ordinance for City of Ocoee Center Street Pond – 715 Center Street Annexation and Rezoning; Project No(s): AX-09-18-78 & RZ-18-09-16 ocoe
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 4, 2018
Item # /3
Reviewed By:
Contact Name: Michael Rumer, CI y Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager: 440_4_
SUBJECT: City of Ocoee Center Street Pond —715 Center Street Annexation and Rezoning
Project#AX-09-18-78 & RZ-18-09-16
Commission District# 2 — Rosemary Wilsen
BACKGROUND SUMMARY:
The first reading of ordinance was read at the November 20, 2018 City Commission meeting.
The subject property is located on the south side of Center Street, 200 feet west of Woodson Ave. The overall
parcel is 3.58 acres in size and contains an existing stormwater pond owned by the City of Ocoee. The subject
parcel identification number is 17-22-28-0000-00-102.
The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the
surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Low-Density Residential R-1 (Ocoee) Single-Family
East Low-Density Residential R-1 (Orange County& Single-Family
Ocoee)
South Low-Density Residential R-1 (Orange County) Single-Family
West Low-Density Residential R-1 (Ocoee) Single-Family
ISSUE:
Should the Honorable Mayor and City Commission approve ordinances for the annexation of+1- 3.58 acres and
rezoning from Orange County R-1 (Single-Family Dwelling) to City of Ocoee R-1 (Single-Family Dwelling) of the
property known as City of Ocoee Street Pond —715 Center Street?
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create
an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered by property
located within the City limits on the north side.
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.
Rezoning: The parcel will receive an R-1 (Single-Family Dwelling) zoning upon annexation.
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...."
[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."
Orange County has objected to the annexation via a letter received on November 21, 2018 (see attached
letter). The County states the annexation of the property will create an "enclave," as defined by Section
171.031(13)(a). City Staff contends the annexation in fact reduces an enclave and in no way presents a burden
of services to the properties adjacent due to the annexation.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On October 3, 2018, the DRC met to determine if the proposed annexation and rezoning was consistent with
the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to
recommend approval of the annexation and rezoning for the 715 Center Street property.
PLANNING AND ZONING RECOMMENDATION:
On October 9, 2018, the Planning and Zoning Commission met to determine if the proposed annexation and
rezoning was consistent with the City's regulations and policies. When the discussion was finished, the
Planning and Zoning Commission voted to recommend approval of the annexation and rezoning for City of
Ocoee Street Pond — 715 Center Street.
RECOMMENDATION:
Based on the feasibility report and recommendation of the Development Review Committee, Staff respectfully
recommends that the Honorable Mayor and City Commissioners approve the proposed Annexation and
Rezoning to R-1 (Single- Family Dwelling) of the property known as City of Ocoee Street Pond — 715 Center
Street.
ATTACHMENTS:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation Ordinance;
Rezoning Ordinance.
Orange County Objection Letter
Financial Impact:
None
Type of Item: (please mark with an V)
X Public Hearing For Clerk's Dept.Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER:AX-09-18-78 & RZ-18-09-16
APPLICANT NAME: City of Ocoee
PROJECT NAME: 715 CENTER STREET(ANNEXATION AND REZONING)
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to
individual properties. Each department has filled in the appropriate section and the findings are summarized
below.
I. PLANNING DEPARTMENT Michael Rumer, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): City of Ocoee
B. Property Location
1. General Location: South side of Center Street
2. Parcel Identification Number: 17-22-28-0000-00-102
3. Street Addresses: 715 Center Street
4. Size of Parcels: 3.58 Acres
C. Use Characteristics
1. Existing Use: City Drainage Pond
2. Proposed use: City Drainage Pond
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: R -1
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: R-1
E. Consistency
1. Joint Planning Area: Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time: 5 minutes
2. Distance to Property: 2.2 miles
3. Fire Flow Requirements: 1000 gpm
III. POLICE DEPARTMENT Lt. Scott Nylander
1. Police Patrol Zone/ Grid / Area: District 5
2. Estimated Response Time: 8 minutes (non-emergency)
3. Distance to Property: 3.6 miles
3. Average Travel Time 8 minutes
Page 1 of 3
Applicant Name:Alli Punwanti
Project Name:715 Center Street(City of Ocoee Pond)
Case#:AX-09-18-78&RZ-18-09-16
IV. ECONOMIC VALUE Michael Rumer, City Planner
1. Property Appraiser Taxable Value: N/A City Property
2. Property Appraiser Just Value N/A City Property
3. Estimated City Ad Valorem Taxes: N/A City Property
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: N/A
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No (FIRM Map Number 12095CO210F)
VI. UTILITIES Milen Womack, City Engineer
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: No
4. Location and Size of N/A
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes
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: No
C. Other
1. Utility Easement Needed: N/A
2. Private Lift Station Needed: N/A
3. Well Protection Area Needed: N/A
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 568
Page 2 of 3
Applicant Name:Alli Punwanti
Project Name:715 Center Street(City of Ocoee Pond)
Case#:AX-09-18-78&RZ-18-09-16
VIII. PRELIMINARY CONCURRENCY EVALUATION DeWayne Jones, Planner I
At this time, adequate transportation capacity exists.
A. Transportation:
At this time, adequate park/recreation capacity exists.
B. Parks / Recreation:
At this time, adequate water/sewer capacity exists.
C. Water/Sewer:
N/A
D. Stormwater:
At this time, adequate solid waste capacity exists.
E. Solid Waste:
N/A
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
X. CONSISTENCY WITH STATE REGULATIONS: DeWayne Jones, Planner I
This property is contiguous with the City Limits and will reduce the area of an enclave; therefore
this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
City of Ocoee Center street Pond
Location Map
i I
i
CC
���%� ! L_- — j Alaska __
A J
RS ca •-
s-
0.
t Hawaii
C CD � a -
C V
------------- 1 _ _ ,
A 1 _2
1 ,
Center
[7 1
H -
- T I-
I
1--
o Nay
U,
,tS\ o
>i *i /
x '`s
-.--_ ----_.
rx\i„ 7j adi.
N
N
t
N
1
— • • / `y\� \ I I I
Ieb� %Q 9 — �• =,
L
puZ � ��,' .- —
...
_. --et - , ' ii ; mvirp,m.
Imo —cc- r gria
Ila J e uM alaVi
_, OM ,._„k"),N____
O. 421r in,
c _ 21
0 lik. :si)
O. a) k , . . , __,_,_
i = , wIIIIW ♦ '
i J U riper:4
a)
I le,
G) LL iuipae3
it1"
0) \ !KirPI c... •_ u)o -0 Z
c IlLEMEDE0
lii
°Zit o • /\1uuIHhI I U
7
5 -,��11011 1
1\uIIIIu
Lcru
Build im W
WesIE
\ I 1 J
/ 1 E N
V/ .OA y O Uu) 0 (6
OLLo N N N rt0 = •� U) — N
U E m ' N O ... c •(7) c 0 Q c .r
E D i Cr) N O O N y OLs
. .- O
0 4, ° a� av 0QNm
0 o • Q N -Ca Ti O g
= OQ ( S io .0 -0
CD ..c. c d Q N c c O � (0 o c0 c
o '� E s O E O .0 Zr) Z .7 LL ca
d U cp V ° = o cA E T O O •U V)
•� a -O L w c co C U Q Y
C c o a� O O co N O N c as
(n c6 J 2 d U J = U W d J
Q •..
• 11111111
-"IIII 1D-' 4.1 13.1 E - - .L::;.::!':'' 0 irell
4° .,..':-: 4
_as_ o 7 , - INV
a puZ C�� .dam I
.!7� Q - _� all1
INFEll ji allearall I
ow . Je!itim * 40:10/11# 1
-0 , INN , J<N.----_ 1
•� / 4
Z
0. O ! 1ST ! i
0 2 co E.
ma-. _
I� 1 _.M- " aV7as .
c N 1111-11rP
4-1
a) En Aer
w
o 111166116121111 Ct
Q
o ° IU!IIII!
c cn 11C3a311n i / u..,
= 111111111
• Q�
o �: WI
‘111111/11� ■1111
Ill\na\L 6u 0
V/ eL
£ N ' w
o m Q �? U N
E o °o Q' fi cL cL c a) _ cn: 0 y
C - m `n O �n .o .(0 U .0 4)
/ `O E aai N O a) Q c c m c a _ N a i N ❑
_ o E a_ a
cu CD
CU
F.' O 0 a) 7 .O U N T >. >, >, u- . O -p co c , UI (6
C ° a n is Q o E m 8 > o a .Y
5
c °' o o Q c mE 3 2 o o U a o c .� .( ❑ c a 1) a
o d 0_ O s LL. LL L_ L_ H N = .N 7 (6 a) c c0 N N E () N
0 ..>.
°° .c _a rncncnma) w. E > c E -a -c .n .Y
c c U a) m c c c c c n o o .a o a) a) > a) o ° N • c c °
W D c6 Cr) 0 CJ) C/) U) U) Cl) O 2 M d Z U 0 (Yo ff$ U' U J 2 2 0 D J
® N hull u .:.:.:. 0.•.•. fi �
1
1 f _ is rY
1 "filk 4(,ode I Ll�.a.
..CD.
ad R
ti,,.
` ' >
4 -
`.� r '
4
. , r 0 i —14
JU A, I 44-- a 1wrww# uospooM
• .
t o
,A,rt, .„ 4.,,
a0
f .... ilk. 0
'-..,
is a6ueJO
a
1. I y. ,44,4..._
TNT 411111111* AMON
t t$. 1 3
i i i 1)1 . /
ORDINANCE NO. 2018-043
(Annexation Ordinance for City of Ocoee Center Street Pond Property-715 Center Street)
TAX PARCEL ID # 17-22-28-0000-00-102
CASE NO. AX-09-18-78: City of Ocoee Center Street Pond Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.58
ACRES LOCATED ON THE SOUTH SIDE OF CENTER STREET; 525
FEET EAST OF ORANGE AVENUE; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER, FINDING SAID
ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING
THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO
THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner 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 3.58 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 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 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
-1-
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. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida.
SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
SECTION 3. Annexation. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" (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 as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 5. Consistency Finding. The Ocoee City Commission hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and
the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan,the JPA Agreement, and the Ocoee City Code.
SECTION 6. Corporate Limits. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
SECTION 7. Official Maps. The City Clerk is hereby authorized and directed to
update and supplement official City maps of the City of Ocoee, Florida, to include said land
herein described and annexed.
-2-
SECTION 8. Liability. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
SECTION 9. Conflicting 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 , 2018.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED AND
THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2018.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF ,2018 UNDER
,2018 AGENDA ITEM NO.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
-3-
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST
1/4 OF THE NORTHEAST % OF SAID SECTION 17 AND THE NORTHWEST CORNER OF PARCEL 1
AS DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 1114 OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 89°56'00" EAST ALONG THE NORTH LINE OF
THE SOUTHWEST % OF NORTHEAST 1/4 OF SAID SECTION 17 AND THE NORTH LINE OF SAID
PARCEL 1 A DISTANCE OF 548.50 FEET TO THE NORTHWEST CORNER OF PARCEL 2 AS
DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 114 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE RUNNING SOUTH
89°56'00" EAST ALONG THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST 1/4 OF
SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 2 A DISTANCE OF 234.00 FEET;
THENCE RUN SOUTH 00°08'09" EAST ALONG A LINE PARALLEL TO AND 40.00 FEET WEST OF
WHEN MEASURED PERPENDICULAR TO THE EAST LINE OF SAID PARCEL 2 A DISTANCE OF
400.70 FEET; THENCE LEAVING SAID PARALLEL LINE RUN SOUTH 89°01'21" WEST A DISTANCE
OF 284.00 FEET; THENCE RUN NORTH 00°08'22" WEST A DISTANCE OF 137.79 FEET; THENCE
RUN NORTH 87°44'35" WEST ALONG THE SOUTH LINE OF PARCEL 1 AS DESCRIBED IN OFFICIAL
RECORD BOOK 5882, PAGE 114 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA A
DISTANCE OF 157.57 FEET; THENCE LEAVING THE SOUTH LINE OF SAID PARCEL 1 RUN NORTH
00°03'57" EAST A DISTANCE OF 262.06 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
WEST %OF THE NORTHEAST 1/4 OF SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 1;
THENCE RUN SOUTH 89°56'00" EAST ALONG THE NORTH LINE OF THE SOUTHWEST %< OF THE
NORTHEAST 1/4 OF SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 1 A DISTANCE OF
206.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 156.135 SQUARE FEET OR 3.58 ACRES, MORE OR LESS.
-4-
"EXHIBIT B"
Location Map
i
-7
' 1
- 1-;------' -----____ .
Alaska
As .cu
C'
ell " await 'I..' ------ "C:
V (i) 0.
rIM CO 'I 1
C.)
E . ,
-- 0 .
I
'A I
i- ----\
- I
1 i ' I
Center
-,-- „----,
, .
1 ,
'+‘
iw
I
---. 1
c Nay
iN N a
w
7,,,, d'it-
\ ,,N,
,
l',' N.,
____.
7---
ti
)
____
N
A
ORDINANCE NO. 2018-044
(Rezoning Ordinance for City of Ocoee Center Street Pond—715 Center Street)
TAX PARCEL ID # 17-22-28-0000-00-102
CASE NO. RZ-18-09-16: City of Ocoee Center Street Pond Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "LOW-
DENSITY RESIDENTIAL" TO OCOEE R-1A, "LOW-DENSITY
RESIDENTIAL," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 3.58 ACRES LOCATED ON THE SOUTH SIDE OF
CENTER STREET; 525 FEET EAST OF ORANGE AVENUE; PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER,
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 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
3.58 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Orange County R-1, "Low-Density Residential," to Ocoee R-1A, "Low-Density
Residential; 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 of Ocoee entered into a Joint
Planning Area Agreement which has been amended from time to time (the"JPA Agreement");
WHEREAS, the JPA 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
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 of Ocoee("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 JPA Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA 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 JPA 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 0.68 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-1,
"Low-Density Residential,"to Ocoee R-1 A, "Low-Density Residential;"
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
JPA 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
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 , 2018.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED , 2018
APPROVED AS TO FORM AND LEGALITY READ FIRST TIME ,2018.
this_day of , 20_.
READ SECOND TIME AND ADOPTED
SHUFFIELD, LOWMAN &WILSON, P.A. ,2018 UNDER
By: AGENDA ITEM NO.
City Attorney
EXHIBIT "A"
A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4
OF THE NORTHEAST % OF SAID SECTION 17 AND THE NORTHWEST CORNER OF PARCEL 1 AS
DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 1114 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE RUN SOUTH 89°56'00" EAST ALONG THE NORTH LINE OF THE
SOUTHWEST %4 OF NORTHEAST 1/4 OF SAID SECTION 17 AND THE NORTH LINE OF SAID PARCEL 1
A DISTANCE OF 548.50 FEET TO THE NORTHWEST CORNER OF PARCEL 2 AS DESCRIBED IN
OFFICIAL RECORD BOOK 5882, PAGE 114 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE RUNNING SOUTH 89°56'00" EAST
ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17 AND
THE NORTH LINE OF SAID PARCEL 2 A DISTANCE OF 234.00 FEET; THENCE RUN SOUTH 00°08'09"
EAST ALONG A LINE PARALLEL TO AND 40.00 FEET WEST OF WHEN MEASURED PERPENDICULAR
TO THE EAST LINE OF SAID PARCEL 2 A DISTANCE OF 400.70 FEET; THENCE LEAVING SAID
PARALLEL LINE RUN SOUTH 89°01'21" WEST A DISTANCE OF 284.00 FEET; THENCE RUN NORTH
00°08'22" WEST A DISTANCE OF 137.79 FEET; THENCE RUN NORTH 87°44'35" WEST ALONG THE
SOUTH LINE OF PARCEL 1 AS DESCRIBED IN OFFICIAL RECORD BOOK 5882, PAGE 114 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA A DISTANCE OF 157.57 FEET; THENCE LEAVING
THE SOUTH LINE OF SAID PARCEL 1 RUN NORTH 00°03'57" EAST A DISTANCE OF 262.06 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTH WEST % OF THE NORTHEAST 1/4 OF SAID SECTION 17
AND THE NORTH LINE OF SAID PARCEL 1; THENCE RUN SOUTH 89°56'00" EAST ALONG THE
NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 17 AND THE NORTH
LINE OF SAID PARCEL 1 A DISTANCE OF 206.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 156.135 SQUARE FEET OR 3.58 ACRES, MORE OR LESS.
"EXHIBIT B"
Location Map
,
q '
\V(‘
1 .
.
, ;
---____" /-
.
--,, \,....--------„,
i r
1 1 ____
1 1
.-------,---,/ ---- ,
,--- 1 —
flaska.
CtS
------- I 1
, >li
ea a)
, cs
1Ic
._ — 5
a 0
Hawaii
•...., co a.
,_____ <
--
co ta
c (.) I i 1 ,-----
E , ,
-
; i 1
\-
„
I
' 1 ,
_ Centel.
L-1 ,
i*.
1 4-
-„..,
-- .
-----, ,
— ---
- , I
--N •-•
, N . c-Najr—i
.,
NN N
tn
33
. 0 1
' /N41114N ! H
,
"---„,•. -----x„
7,„‘ ---„,
\\......(
/ ?.
N „,
,
N ,
, .
1 L
d_
/ --T------n
1
,,.,.
11'
N
A
AUNTY
GOVERNMENT
FLORIDA
November 21, 2018
Michael Rumer
City of Ocoee, Florida
150 N. Lakeshore Drive
Ocoee, FL 34761
SUBJECT: City of Ocoee Proposed Voluntary Annexation
715 Center Street
County Case#ANX-OC-1899
Dear Mr. Rumer:
Orange County is in receipt of your correspondence dated November 6, 2018 regarding
the proposed annexation of approximately 3.58 acres generally located south of Center
Street, north of E. Silver Star Road, and west of Woodson Avenue.
The annexation of this property will create an "enclave," as defined by Section
171.031(13)(a), Florida Statutes. Attached is a map showing how the annexation will
create an enclave under Section 171.031(13)(a). As the creation of an enclave in a
voluntary annexation is expressly contrary to Section 171.044(5), Florida Statutes,
Orange County objects to this proposed annexation.
Please contact Steven Thorp, of my staff, at 407-836-5549 or Steven.Thorp@ocfl.net, if
you have any questions or need additional information.
Sincerely,
la1,110
Alberto Varg-s, MArch
Planning Manager
Attachments
cc. Chris Testerman, AICP, Assistant County Administrator
Jon Weiss, Director, Community, Environmental, and Development Services
Joel D. Prinsell, Deputy County Attorney
Susan McCune, AICP, Project Manager
Steven Thorp, Principal Planner
PLANNING DIVISION
ALBERTO A. VARGAS,MArch., Planning Manager
201 South Rosalind Avenue,2nd Floor■Reply To: Post Office Box 1393■Orlando FL 32802-1393
Telephone 407-836-5600■FAX 407-836-5862•orangecountyfl.net
City of Ocoee
Annexation Area
ANX-OC-1899
qii*N 1:4 4 4 ' iC I1 1 Nq,#4r N 4i *114 = t iSA ,
Oa �•� FLEWELLING AV i:" 1 1/7 rilk
� I k. I. , 4 i>1 I I 1 LUL4V1ST� !-1
ill a dm ------1 IONE < l 1 -1 �
■111111 Eitel_ l ! I_ o_
TiliFFS-1
W� -1
I ° , EllA INN.' ill ;Y� 1111,.■ oAKwooD.LN ' -LLT
/� , N g ONE1 .� DARLA ST�,
J
I I - Q Z Q OWYC- PINEWOOD LN I 0--
W -'--� u a' , 1 I \\ 1 I ( 21
z a E Nom/ co_ 1 1 1 1 1 , II
APRICOT - 1 I I -WAN DA STS _
i! 1VA
CENTERST/ 1 �- 1
o
40* `Z__ _ . L l ■.u.
3L i
F o NAY AV Cl)
0- - ,
—i_
•S , )Q /\ U)re I ! I
CHARLEON CT- f
�.�'�o ._._I , I I \ . I
co
1~ y
k \ lJflI ( I` T li
j7
OLYMPIA PARK CR ' `\ \4:0.C•
11111 #ar 1► *-GO
IlIVA0e, .a
ll all. .111
O. 4111111111Wi
II
® Enclave
E Subject Parcel
` •
,11«t
Ocoee7H-
o
i lir gr
Prepared by Orange County Planning Division, November 2018
COPY OF ADVERTISEMENT
Date Published and Media Name
4B The West Orange Times Thursday,November 22,2018
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
CITY OF OCOEE CENTER STREET POND
715 CENTER STREET
ANNEXATION
CASE NUMBER AX-09-I8-78
NOTICE IS HEREBY GIVEN,pursuant to Article I,Section 1-10A(1)and Article
V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,
DECEMBER 4,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE
CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com-
mission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the an-
nexation for City of Ocoee Center Street Pond Property.The property is located at
715 Center Street The property is identified as Parcel Number 17-22-28-0000-00-
102.The subject property is approximately 3.58 acres in size.The proposed annexa-
tion would be from unincorporated Orange County to City of Ocoee.
ORDINANCE NO.2018-043
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CER-
TAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.58 ACRES
LOCATED ON THE SOUTH SIDE OF CENTER STREET;530 FEET EAST
OF ORANGE AVENUE; PURSUANT TO THE APPLICATION SUBMIT-
TED 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;PROVID-
ING FOR SEVERABILITY;REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFF"I'ECTIVE DATE.
City of Ocoee Center street Pond
Location Map
•
7-7
� .. 11--i
Pursuant to Subsection 5-9 B.of the Land Development Code,the Planning Di-
rector has determined that the requested annexation is within the Ocoee-Orange
County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County
JPA Land Use Map and the Ocoee Comprehensive Plan.If the applicant's request
for annexation is approved,the annexation would incorporate the property into the
City of Ocoee.
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions.The complete case file,including a complete le-
gal description by metes and bounds,may be inspected at the Ocoee Planning
Department located at 150 North Lakeshore Drive,Ocoee,Florida between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.
The Ocoee City Commission may continue the public hearing to other dates and
times,as it deems necessary. Any interested party shall be advised of the dates,
times,and places of any continuation of these or continued public hearings shall
be announced during the hearing and no further notices regarding these mat-
ters will be published.You are advised that any person who desires to appeal any
decision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceedings
is made which includes the testimony and evidence upon which the appeal is
based. In accordance with the Americans with Disabilities Act,persons need-
ing a special accommodation or an interpreter to participate in this proceeding
should contact the City Clerk's Office 48 hours in advance of the meeting at
(407)905-3105.
November 22,29,2018 18-05716W
11
COPY OF ADVERTISEMENT
Date Published and Media Name
14B The West Orange Times Thursday,November 22,2018
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
CITY OF OCOEE CENTER STREET POND
715 CENTER STREET
REZONING
CASE NUMBER RZ-18-09-16
NOTICE IS HEREBY GIVEN,pursuant to Article I,Section 1-10.A.(1)and Article
V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,
DECEMBER 4,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE
CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com-
mission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the re-
zoning for City of Ocoee Center Street Pond Property.The property is located at 715
Center Street.The property is identified as Parcel Number 17-22-28-0000-00-102.
The subject property is approximately 3.58 acres.The proposed rezoning would be
from Orange County"11-1"to City of Ocoee"R-1A".
ORDINANCE NO.2018-044
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, "SINGLE-
FAMILY DWELLING"TO OCOEE R-1A,"SINGLE-FAMILY DWELLING,"
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.58
ACRES LOCATED ON THE SOUTH SIDE OF CENTER STREET;530 FEET
EAST OF ORANGE AVENUE;PURSUANT TO THE APPLICATION SUB-
MI 11ED BY THE PROPERTY OWNER, 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 OFFI-
CIAL CITY ZONING MAP;REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
• Interested parties may appear at the public hearing and be heard with respect to the
proposed actions.The complete case file,including a complete legal description by
metes and bounds,may be inspected at the Ocoee Planning Department located at
150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00
p.m.,Monday through Friday,except legal holidays.The Ocoee City Commission
may continue the public hearing to other dates and times,as it deems necessary.
Any interested party shall be advised of the dates,times,and places of any continu-
ation of these or continued public bearings shall be announced during the hearing
and no further notices regarding these matters will be published.You are advised
. that any person who desires to appeal any decision made at the public hearings will
need a record of the proceedings and for this purpose may need to ensure that a ver-
batim record of the proceedings is made which includes the testimony and evidence
upon which the appeal is based. In accordance with the Americans with Disabilities
Act,persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk's Office 48 hours in advance of the
meeting at(407)905-3105.
November 22,2018 18-05720W
COPY OF ADVERTISEMENT
Date Published and Media Name
16B The West Orange Times Thursday,November 29,2018
SECOND INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
CITY OF OCOEE CENTER STREET POND
715 CENTER STREET
ANNEXATION
CASE NUMBER AX-09-18-78
NOTICE IS HEREBY GIVEN,pursuant to Article I,Section 1-10.A.(1)and Article
V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,
DECEMBER 4,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE
CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Com-
mission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the an-
nexation for City of Ocoee Center Street Pond Property.The property is located at
715 Center Street.The property is identified as Parcel Number 17-22-28-0000-00-
102.The subject property is approximately 3.58 acres in size.The proposed annexa-
tion would be from unincorporated Orange County to City of Ocoee.
ORDINANCE NO.2018-043
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO
THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CER-
TAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.58 ACRES
LOCATED ON THE SOUTH SIDE OF CENTER STREET;530 FEET EAST
OF ORANGE AVENUE; PURSUANT TO THE APPLICATION SUBMIT-
TED 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;PROVID-
ING FOR SEVERABILITY;REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN El't•ECTIVE DATE.
City of Ocoee Center street Pond
Location Map
.. _ .Amada,
•
I----- _... . :.— —`._CaeS.r
_—i •_.
1
_
1
) r--
I L-
-.. 1, -
Pursuant to Subsection 5-9 B.of the Land Development Code,the Planning Di-
rector has determined that the requested annexation is within the Ocoee-Orange
County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County
JPA Land Use Map and the Ocoee Comprehensive Plan.If the applicant's request
for annexation is approved,the annexation would incorporate the property into the
City of Ocoee.
Interested parties may appear at the public hearing and be heard with re-
spect to the proposed actions.The complete case file,including a complete le-
gal description by metes and bounds,may be inspected at the Ocoee Planning
Department located at 150 North Lakeshore Drive,Ocoee,Florida between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.
The Ocoee City Commission may continue the public hearing to other dates and
times,as it deems necessary. Any interested party shall be advised of the dates,
times,and places of any continuation of these or continued public hearings shall
be announced during the hearing and no further notices regarding these mat-
ters will be published.You are advised that any person who desires to appeal any
decision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceedings
is made which includes the testimony and evidence upon which the appeal is
based. In accordance with the Americans with Disabilities Act,persons need-
ing a special accommodation or an interpreter to participate in this proceeding
should contact the City Clerk's Office 48 hours in advance of the meeting at
(407)905-3105.
November 22,29,2018 18-05716W