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VI (A) First Reading of Ordinanace. Second Reading and Public Hearing will be October 17, 1995 : Ordinanace No 95-22 thru 95-26
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 9-19-95 Ocoee Item VI A 1 O i.4.4 • °_ CITY OF OCOEE AGENDA 10-17-95 Item V A a- 150 N.LAKESHORE DRIVE OCOEE FLORIDA 34761-2258 SCOTT A.GLASS c• ?C� (407)656 2322 JIM GLEASON l ``` N> QTY MANAGER �p GOO ELLIS SHAPIRO STAFF REPORT DATE: September 14, 1995 SRP-516 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, AICP, Director of Planning FROM: Abra Dow, Planner QAC' SUBJECT: Chinaberry Cove Annexation #AR-94-12-10: south and east of the intersection of Clarcona- Ocoee Road and 17th Avenue ISSUE: Should the City Commission approve the annexation of the above referenced property? BACKGROUND: The subject property contains a single family residence and an accessory structure. It is located both south and east of the intersection of 17th Avenue and Clarcona-Ocoee Road (a.k.a. Lakewood Avenue). Although the existing single family residence is characteristic of the development pattern to the north, the proposed subdivision (Chinaberry Cove) is more characteristic of newer development in the area. The surrounding properties to the north, south and east contain single family residences whereas the property to the west is developed industrially. The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land Use Map and Joint Planning Area (JPA)Map. The applicant has requested an initial zoning of PUD, Planned Unit Development, and the proposed development plan is consistent with the above referenced land use designations. The 15.41 acre parcel is contiguous to the City limits along roughly 1,240 feet of its perimeter. The property is also located within the Ocoee-Orange County Joint Planning Area ()PA) and the Ocoee Utility Service Area. Since the subject property is located within the City's Service Area and it is contiguous to the city limits, the property is being considered for annexation as outlined in the JPA Agreement. Orange County Planning Staff has been notified of the Annexation Petition and they have stated no objections to the annexation. DISCUSSION: Staff has completed the Annexation Feasibility at Public Facilities Analysis assuming an impact of 54 homes as proposed by the developer in a simultaneous subdivision plan submittal. The results of this analysis dictate the need to consider the following issues. The existing residence already impacts the roadway network and the City is "first responder" for fire and emergency calls. If annexed, the additional impact of the existing and proposed residences on police services would be nominal and the Ocoee Police and Fire Departments have estimated that they could respond to calls in less than five minutes. Any development on the site would also be required to meet the City Fire Department standards for hydrant spacing, fire flow, and water pressure. If the proposed subdivision were developed in Orange County, it would increase the impact upon the surrounding roadway network and City fire services. The existing right-of-way for Clarcona-Ocoee Road is fifty feet and the minimum required right-of-way for a collector is sixty feet. There is also insufficient right-of-way along 17th Avenue which is a local road. Accordingly, the owners would need to dedicate five feet of right- of-way along both Clarcona-Ocoee Road and 17th Avenue (half the required right-of-way for each road) in order to be annexed. It is unclear whether the County would require additional right-of-way from the developers since it is unlikely that Orange County would improve these roads or culverts. The proposed SRP-516 - City Commission Staff Report Subject: Chinaberry Cove Annexation Petition (Case # AR-94-12-10) September 14, 1995 Page 2 subdivision is in a developed area and utilities are available. A six-inch water line runs along the east side of Clarcona-Ocoee Road and an eight-inch sewer line is located within 1,000 feet. The developer would be required to extend the utility service lines, provide a lift station, and build and maintain a stormwater drainage system per City standards. These issues would be resolved through the development approval process but are discussed here since there are related provisions in the attached Annexation Agreement. In summary,the City could efficiently provide the proposed subdivision with a full range of urban services at an acceptable level of service, assuming that the required developer improvements are made. Based upon the proposed number of lots and a theoretical assessed value of$70,000.00 per lot, the subject property is projected to generate roughly $15,120.00 in ad valorem taxes per year(The existing ad valorem tax revenue generated by the property is $738.90 per year). If annexed, the additional police and solid waste impacts appear to be nominal. No matter whether or not the property is annexed, it is within our utility service area and would impact the City in the areas of water and sewer. It is important to note that there is a 25% surcharge for utility customers with properties located outside the City limits. The fiscal feasibility of annexing this property is viable based upon the cost of providing services to either the proposed development or existing development. If the property is not annexed, then the City would still provide fire services through our"first responder" agreement with the County without compensation. In addition, the surrounding roadway network would be impacted. Accordingly, staff is recommending approval because it is financially feasible for the City to annex the subject property based upon a comparison of the cost of providing urban services to the subject property. If the City denies the annexation request, the proposed development will probably be approved by Orange County and still impact our facilities without compensation. PLANNING P9[ ZONING COMMISSION RECOMMENDATION: Several surrounding property owners appeared at the public hearing on this item to discuss their concerns about stormwater drainage and retention in this area. Of particular concern is a natural, low area abutting the subject property which has subsequently been filled under an Orange County permit. The low area abuts the northwest corner of the subject property behind two existing homes which face Clarcona-Ocoee Road. The resident of one of those homes reported that stormwater sheeting occurs nearly to their back door during rainstorms. Several of the property owners report that the drainage ditches in the area are completely full during thunderstorms. Staff had previously discussed this issue with several of the property owners, all of whom indicated that they felt that the City would better address their concerns about stormwater issues. The Planning 8z Zoning Commission and staff stated that the City is very concerned about stormwater but feels that we can resolve these issues as part of the PUD Rezoning and Preliminary Subdivision approval stage. These applications will be discussed at a later date because the DRC has not resolved all of these questions with the developer yet.On September 12, 1995,the Planning 8z Zoning Commission echoed the surrounding property owners concerns but found the proposed annexation to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) local annexation criteria; and (4) the ]PA Agreement. Accordingly, the Planning and Zoning Commission unanimously recommended that the ±15.41 acre Chinaberry Cove property located both south and east of 17th Avenue and Clarcona-Ocoee Road (a.k.a. Lakewood Avenue) be annexed by the City Commission subject to the execution of the attached annexation agreement which stipulates that no development may occur until an Ocoee zoning is assigned and the owner/developers must dedicate the necessary right-of-way. Staff was directed to address the stormwater concerns as part of the development review process. SRP-516 - City Commission Staff Report Subject: Chinaberry Cove Annexation Petition (Case # AR-94-12-10) September 14, 1995 Page 3 STAFF RECOMMENDATION: The Development Review Committee (DRC) met on August 23, 1995, in compliance with City of Ocoee Resolution #94-10, and recommended approval of the above referenced annexation. Staff respectfully recommends that the City Commission, upon finding the application in Case#AR-94-12-10 to be consistent with: (1) the Ocoee Comprehensive Plan; (2) local annexation criteria; and (3) the]PA Agreement, approve the Chinaberry Cove Annexation Petition, pending the execution of the necessary Annexation Agreement. Attachments: Annexation Feasibility&Public Facilities Analysis File:SRP-5 1 6.BCC Location Map Annexation Agreement r City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: September 7, 1995 File Number: AR-94-12-10 Chinaberry Cove This form is used to evaluate proposed annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section. Planning Department: (Dow) A. Applicant(s): Richard Huber, representing the owners. Contact Phone #: (407) 876-2051 B. Property Location: south and east of the intersection of Clarcona-Ocoee Road (a.k.a. Lakewood Avenue) at 17th Avenue 1. Parcel Id. No.: 8-22-28-0000-00-015; 8-22-28-0000-00-016;at 8-22-28-0000-00-036 2. Street Address: Off Lakewood Avenue - no street address yet 3. Legal Description: see survey located in the planning department 4. Directions: North on Clarcona-Ocoee Road to 17th Avenue, then right on 17th Avenue, follow 17th down to the property entrance. 5. Size: 15.41 + acres C. Proposed Use: Single Family Residential Subdivision 1. Residential Units: 54 proposed single family residential units 2. Projected Population: 164 persons 3. Office or Professional: n/a 4. Commercial/Industrial: n/a Notes: A proposed subdivision plan is being reviewed by DRC and was previously approved by the County Staff pending the resolution of utility issues. D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: R-2, Residential Dwelling District 2. Orange County FLU Designation: Low Density Residential (< 4 d.u./acre) 3. Requested City of Ocoee Zoning Classification: PUD, Planned Unit Development 4. Proposed City of Ocoee FLU Designation: Low Density Residential (< 4 d.u./acre) 5. Consistent With: Comp. Plan? Yes )PA? Yes 6. Comp. Plan Amendment Required? No When? n/a Il. Fire Department: (Strosnider) A. Estimated Response Time: three minutes B. Distance Traveled (to property): 1.5 miles C. Nearest Fire Hydrant (mark on map): n/a D. Fire Flow Requirements (circle one): inadequate E. Comments: Water line looping may be required to resolve flow/ pressure requirements. • Page 1■ City of Ocoee Planning Department Annexation Feasibility 8[ Public Facilities Analysis Date: September 7, 1995 File Number: AR-94-12-10 Chinaberry Cove III. Police Department: (Mark) A. Estimated Response Time: 3-5 minutes B. Distance Traveled (to property): 1 1/2 miles C. Police Patrol Zone: North IV. Finance Data: (OCTA/ Dow) A. 1994 Orange County Assessed Value: $ 184,725.00 B. Estimated City of Ocoee Ad Valorem Tax Revenue: $ 738.90 - $ 15,120.00 C. Anticipated Licenses ez Permits: $ 205,200.00 D. Total Projected Revenues: B + C = $ 220,320.00 ($ 4,538.90 - $ 220,320.00 Range) V. Utility Issues: (Shira) A. Potable Water Issues: 1. In Ocoee Service Area? Yes (Orange Co. Service Area? No) 2. Distance to Nearest Line? Clarcona-Ocoee Road 8z Little Spring Hill Road 3. Size of Water Main? 6" 4. Estimated Water Demand? unknown at this time, prosection 16,200 g.p.d. 5. Can City Service this Property? Yes 6. Extension Needed? Yes 7. Developer Agreement Needed? Yes As part of annexation? No 8. City Cannot Service Now or in the Future (check here): n/a Comments: Solid waste services to be provided by the City. Retention ponds shall be owned and maintained by the Home Owners Association. Water lines may need to be looped in order to obtain adequate water pressure. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes (Orange Co. Service Area? No) 2. Distance to Nearest Line? 1000 feet 3. Size of Sewer Main? 8" 4. Estimated Sewer Demand? unknown at this time, projection 15,120 g.p.d. 5. Can City Service this Property? Yes 6. Extension Needed? Yes 7. Developer Agreement Needed? Yes As part of Annexation? Yes 8. City Cannot Service Now or in the Future (check here): n/a Comments: The developer agreements should be handled as part of the annexation since development is awaiting annexation. • Page 2. City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: September 7, 1995 File Number: AR-94-12-10 Chinaberry Cove C. Other Utility Issues: Lift station shown on the plans? Yes 1. Utility Easement/ Uft Station Site/ Well Protection Area Required 2. Other Comments: Stormwater system may need to be over-designed due to existing drainage patterns in area. D. Transportation: (Resnik/Shira) 1. Paved Access to Property? Yes (Entrance of subdivision proposed to be off of Clarcona Ocoee Road) 2. ROW Dedication? Yes Specify: Along 17th Ave & Clarcona-Ocoee Road 3. Traffic Study: possibly required as part of development approval? 4. Traffic Zone: 269 5. Other Traffic Improvements Needed: Traffic issues will be addressed as part of development approval. Seventeenth Avenue is not paved; however, the proposed development entrance will be off of Clarcona-Ocoee Road. VI. Building Department: (Flippen/ Harper) A. Anticipated Licenses a Permits: None other than standard building permits. B. Within 100 year flood plain: No C. Potential Impact Fees: Based upon 1,000 s.f.dwelling 8t including school impact fee: $ 3,400 for City and $1,400 for School impact $3.800* 54 = $205.200 Comments: See Building Department comments on Subdivision Review. VII. Preliminary Concurrency Evaluation: (Resnik) A. Transportation: (See below) B. Parks/Recreation: (See below) C. Sewer/Water Capacity: (See below) D. Stormwater/ Drainage Issues: (See below) E. Other Issues: (See below) Comments: Should not be any problems concurrency-wise, but need to complete a Preliminary Concurrency Certificate application. VIII. Specify Other Comments 81: Considerations Below: (anyone) None. • Page 3■ Chinaberry Cove (AR-94-12- 10) Both South and East of the Intersection of CIarcona-Ocoee Road and 17th Avenue ( 15.41 ACRES) a"6 :a ac tee •l:eecay. dace Mew! 'tomcod :n: CHARLES D. PHILLIPS AND DEBRA L. PHILLIPS, HIS WIFE The land is described as follows: Coarmence at the Northwest corner of the Southwest 1/4 of the Southwest 1/4 at Section 8, Township 22 South, Range 28 East, Orange County, Florida; _ '" thence N 39 degrees 19'23" S a distance of 25.00 feet to the East right-of-way line of Lakewood Avenue; thence S 01 degrees 15'57" S along said East right-of-way line a distance of 572.37 feet; thence N 38 degrees 34'40" S a distance of 79.70 feet for a Point of Beginning; thence Y 98 Degrees 34'40" S a distance of 913.57 feet; thence S 31 Degrees 45'01" . a distance of 110.00 feet; thence S 88 degrees 34'40" W a distance of 744.20 feet; thence N 01 degrees 25'20" W a distance of 90.00 feet; thence S 88 degrees 34'40" W a distance of -;.10.00 feet; thence N 01 degrees 25'20" W a distance of 20.00 feet; -thence S 98 degrees 34'40" W a distance of 50.00 feet; thence N 01 degrees 25'20" W/a distance of 10.00 feet to the Point of Beginning. / lne :a ..c the el.eecly lace .lace! vested :n: CHRISTOPHER ?OLT: IND NEA F. FOLTZ, HUSBAND AND WIFE The land .s described as folicws: Begin 1080 feet North and 25 feet East of the Southwest Corner of Section 3, 'township 22 South, range 23 East, thence run South for 220 feet; thence East 990 feet; thence North 220 feet; thence West 990 feet to Point of 3eginning, Public Records of Orange County, Florida CC14A/fNCS of rhe Northwest .darner of the Southwest 1/4 ai the Southwest 1/4 of Section 3. rownsnia 22 South. Range :8 Cast. Orange County, Florida; run thence thence N89'19along the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 3 Ina the South ngnt-of-way ;ins of 17th Avenue. a distance of 1013.59 feet for a ?OINr OF 30;NNINC: continue thence N89'7 9'2S-5 along said South rrgnt-of- cay tine, a distance or 50.00 feet; thence S01.45'01• aaratle► with the cost line of the Southwest 1/4 ar the Southwest 1/4 or said Section 3. a distance of 340.30 feet; thence M89'19%73- aarca ei with the South rignt-of-way tine of said 1 7th Avenue. a distance of 270.01 feet to the east line of the Southwest 1/4 of the Southwest 1/4: thence 50T'A..1'01-5 along said east line of the Southwest 1/4 of the Southwest 1/4. a distance of 770.20 feet; thence 589'19'.7.' a distance of 330.01 feet; thence N01'45101-W a aistance of 770.68 feet: thence .88'34'443-4, a distance of 560.01 feet: thence ,,01'15'01",Y a distance of 150.00 feet; ;hence N88'34.40_e a distance of 560.01 feet; thence .`401'45.01-W a distance of 189.52 feet to the ?OtNr CF 3EC;NNINC. Contcins 3.3750 acres or 37 3.525 square feet more or less. Exhibit A City of Ocoee Planning Department Chinaberry Cove south 8t east of the intersection of Clarcona-Ocoee Road 8E 17th Avenue R '1 _ - ---- - r� _�_...� _T__ _ - -- „law /7, 1 4.4. Ii - : i i . . . vim ani ::•:r...� _LO Vfa to rwB .or - '�aNatl.Mmm m - ■wainraaa, _ R • o ' ' ori`''CI IMIMMICiiii p.='i' ' _ -, j= bl 14.,:..--A.,... w . t- iimpli �Ii mltf - * a v f, ,24.1 Orange �'uu�, Iff,. ,,.., _ _ . . County ,�•�;r 11t . Si .■ ! L nilr. 1 �1 • :.'r.�, N}�. LD 9 �-- S Subject j e c t r Ac _.7_,""" , L_Proert ii 9- !Mid f lig 1111114* T J y •AO 1--1 1 .iii fritr, 4 .:-' , ,r : 2-Q) III FAA /Lmimitrewriyir ,41,,,, , . ,43: 11Y161,r7)".er-f -il at f 'Cr' AlIZP. 'w'7 - fid �.r ,..e.trt, Dzr :: fl,/9:. _ (SR ..Mg ilMilgeo -in , 438 �: ////// /14-� - - fat� cc" � • 540111742121-5 Silver S; Starke 1 9; Lake �� -- UGOEE / / / /. / we —', Legend: Case Number: AR-94-12-10 Au®®'o f/I////7/ 0 Subject Ocoee City Orange Property Limits County North THIS INSTRUMENT PREPARED BY: David P. Barker. Esq. FOLEY & LARDNER 111 North Orange Avenue Suite 1800 Orlando. Florida 32801 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive For Recording Purposes Only Ocoee, Florida 34761 Case No.: AR 94-12-10 ANNEXATION AGREEMENT (CHINABERRY COVE) THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 1995, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and CHARLES D. PHILLIPS and DEBRA L. PHILLIPS, his wife, CHRISTOPHER J. FOLTZ and NEA F. FOLTZ, husband and wife and SENDRO GROUP, INC., a Florida corporation (hereinafter collectively referred to as the "Owner"), whose mailing address is 801 Second Avenue, Windermere, Florida 34786. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan, including the Future Land Use Map, and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, in order to expeditiously review the Petition at the request of the Owner, the City has agreed to consider the Petition without requiring the Owner to submit f• simultaneously therewith, an application to the City for initial zoning pursuant to Section 166.041, Florida Statutes; and WHEREAS, the Owner has agreed to restrict the development of the Property, as more particularly set forth hereinbelow, until such time as an initial zoning classification has been established for the Property by the City pursuant to the procedures required by Florida Statutes and the Ocoee City Code; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and to represent a minimal fiscal and level of service impact on the City, with the exception of adequate right-of-way along Ocoee-Clarcona Road and along 17th Avenue, both located adjacent to the Property; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for necessary infrastructure improvements and the provision of municipal services to the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. CONVEYANCE OF RIGHT-OF-WAY DEDICATION. Within ninety (90) days from the date of written notice from the City, but in no event later than the time of platting of all or any portion of the Property, the Owner shall convey and dedicate to the City a portion of the Property for road right-of-way adjacent to Ocoee-Clarcona Road, as more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference, and a portion of the Property for road right-of-way adjacent to 17th Avenue, as more particularly described on Exhibit "C" attached hereto and incorporated herein by this reference (the property described on Exhibit "B" and Exhibit "C" is collectively referred to herein as the 2 "Right of Way Property"). Such dedication shall be at the sole cost of the Owner and the Right of Way Property shall be conveyed by a warranty deed to the City in form and substance satisfactory to the City. In addition, the Owner shall provide the City with a current title opinion or a current title insurance policy evidencing the unencumbered ownership of the Right of Way Property or the appropriate releases for the Right of Way Property. Neither the Owner nor any person or entity shall be entitled to any road impact fee credits or other compensation with respect to the conveyance to the City of the Right of Way Property as set forth above. SECTION 3. ANNEXATION OF THE PROPERTY;INITIAL ZONING. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 95- for Case No. AR 94-12-10, thereby redefining the corporate territorial limits of the City to include the Property. The Property has been annexed into the City without the establishment of an initial zoning classification by the City, and as a result, the Orange County zoning classification for the Property shall remain unchanged. Notwithstanding the foregoing, the Owner acknowledges and agrees that the Property will not be entitled to, and shall not receive, any development approvals or development permits from the City until after an initial zoning classification is established for the Property by the City. Further, the Owner agrees that the City has not represented or agreed that the Property will be entitled to any specific or intended zoning classification. The Owner agrees that the Property will be developed consistent with and in accordance with such initial zoning classification as may be established by the City, as well as all applicable requirements of the Ocoee Comprehensive Plan and the Ocoee Land Development Code. SECTION 4. INIPROVEVEENT OF 17TH AVENUE. The Owner acknowledges and agrees that, in the event the City requires improvement of 17th Avenue during the development, approval and permitting process for the Property, the Owner shall improve and pave that portion of 17th Avenue located adjacent to the Property, at Owner's sole cost and expense, at such time as 17th Avenue is to be improved. Such improvement of 17th Avenue shall comply with all applicable governmental requirements, permits and approvals associated therewith, including, but not limited to, the standards and permitting procedures established by Orange County, Florida. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation with respect to the improvement of that portion of 17th Avenue located adjacent to the Property. SECTION 5. WATER AND SEWER SERVICES; EXTENSION OF POTABLE WATER DISTRIBUTION MAINS. Owner acknowledges that water distribution mains and sewer mains are not currently available in sufficient size at the boundary of the Property. Further, Owner acknowledges and agrees that prior to development of the Property, Owner is required to reserve sufficient water capacity and sewer capacity by payment of the applicable capital charge for reservation of the requisite water capacity and sewer capacity and enter into a Developer Agreement for Water Service and a Developer Agreement for Sewer Service on a form provided by the City, all as more particularly provided in Chapter 173 of the City Code of the City, as amended from time to time, provided, however, that the Developer Agreement for Water Service shall provide that the Owner shall be responsible, at Owner's sole cost and expense, to design, install, extend, expand, oversize and/or construct potable water distribution mains and related improvements from a point, as designated by the City, of the existing water system of the City located adjacent to the Little Spring Hill Subdivision to Ocoee-Clarcona Road 3 adjacent to the Property in order to loop the City water system in that area to increase the flow and pressure of water for fire prevention. SECTION 6. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. OWNER: do Richard Huber 801 Second Avenue Windermere, Florida 34786 CrrY: City of Ocoee City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 7. NOTICES: DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 8. B iNDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns. SECTION 9. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 10. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. SECTION 11. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 12. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, 4 paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 13. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 14. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. 5 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. "CI Signed, sealed and delivered _ CITY OF OCOEE, in the presence of: a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY & LARDNER APPROVED BY Thi OCOEE CITY COmmiSSION AT A MEETING HELD ON , 1995 By: UNDER AGENDA ITEM NO. City Attorney 0 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 7 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 1995. Signed, sealed and delivered in the presence of: "OWNER" Signature CHARLES D. PHILLIPS Print/Type Name Signature DEBRA L. PHILLIPS Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared CHARLES D. PHILLIPS and DEBRA L. PHILLIPS, his wife, who [ ] are personally known to me or [ ] produced as identification, and that they acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 8 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 1995. Signed, sealed and delivered in the presence of: "OWNER" Signature CHRISTOPHER J. FOLTZ Print/Type Name Signature NEA F. FOLTZ Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared CHRISTOPHER J. FOLTZ and NEA F. FOLTZ, husband and wife, who [ ] are personally known to me or [ ] produced as identification, and that they acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 9 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 1995. "OWNER" SENDRO GROUP, INC., a Florida Signed, sealed and delivered corporation in the presence of: By: Signature Name: Title: Print/Type Name (CORPORATE SEAL) Signature Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as of SENDRO GROUP, INC., a Florida corporation, who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed.Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 10 ti EXHIBIT "B" Right of Way Property (Ocoee-Clarcona Road) [TO BE PROVIDED BY CITY OR OWNER I EXH Brr "C" Right of Way Property (17th Avenue) [TO BE PROVIDED BY CITY OR OWNER ] JOINDER. CONSENT AND SUBORDINATION The undersigned hereby certifies that ORANGE FEDERAL SAVINGS AND LOAN ASSOCIATED is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book 2848, Page 1309, of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered ORANGE FEDERAL SAVINGS AND in the presence of: LOAN ASSOCIATED By: Name Name: Title: Name (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) THIS IS TO CERTIFY, that on this day of , 1995, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared ,as of ORANGE FEDERAL SAVINGS AND LOAN ASSOCIATED, who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. NOTARY PUBLIC Name: My Commission expires: JOINDER. CONSENT AND SUBORDINATION The undersigned hereby certifies that FORD CONSUMER FINANCE CO. is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that the mortgage, lien or other encumbrance by Charles D. Phillips and Debra L. Phillips, his wife, in favor of Bay Financial Savings Bank in the original principal amount of$49,000.00, which is recorded in Official Records Book 4197, Page 1320, as assigned by Bay Financial Savings Bank to Ford Consumer Finance Co. pursuant to that certain assignment recorded in Official Records Book 4316, Page 4033, all of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered FORD CONSUMER FINANCE CO. in the presence of: By: Name Name: Title: Name (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ORANGE ) THIS IS TO CERTIFY, that on this day of , 1995, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared ,as of FORD CONSUMER FINANCE CO., who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. NOTARY PUBLIC Name: My Commission expires: • JOINDER. CONSENT AND SUBORDINATION The undersigned hereby certifies that BANKFIRST is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance in the principal amount of $21,450.00, which is recorded in Official Records Book 4753, Page 4523, as modified by that certain Modification Agreement recorded in Official Records Book 4804, Page 392, all of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered BANKFIRST in the presence of: By: Name Name: Title: Name (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ORANGE ) THIS IS TO CERTIFY, that on this day of , 1995, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared ,as of BANKFIRST, who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. NOTARY PUBLIC Name: My Commission expires: • JOINDER. CONSENT AND SUBORDINATION The undersigned hereby certifies that DONALD ALVIN' REEVES is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that his mortgage, lien or other encumbrance in the original principal amount of$75,050.00, which is recorded in Official Records Book 4758, Page 12, of the Public Records of Orange County of Florida, shall-be subordinated to the foregoing instrument. Signed, sealed and delivered in the presence of: DONALD ALVIN REEVES Name Name STATE OF FLORIDA ) ) COUNTY OF ORANGE ) THIS IS TO CERTIFY, that on this day of , 1995, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared DONALD ALVIN REEVES, who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument for the purposes and uses therein described. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. NOTARY PUBLIC Name: My Commission expires: • JOINDER. CONSENT AND SUBORDINATION The undersigned hereby certifies that BANKFIRST is the holder of a mortgage, lien or other encumbrance upon a portion of the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument by the owner thereof and agrees that its mortgage, lien or other encumbrance in the original principal amount of $60,000.00, which is recorded in Official Records Book 4363, Page 3813, as modified by that certain Modification Agreement recorded in Official Records Book 4622, Page 3367, and rerecorded in Official Records Book 4629, Page 4789, as affected by that certain Assumption Agreement recorded in Official Records Book 4629, Page 4786, as affected by that certain Cross Collateralization Agreement recorded in Official Records Book 4753, Page 4520, all of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered BANKFIRST in the presence of: By: Name Name: Title: Name (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ORANGE ) THIS IS TO CERTIFY, that on this day of 199_, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid,personally appeared ,as of BANKFIRST, who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrument on behalf of said corporation, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him/her, and that the seal affixed hereto is the true corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. NOTARY PUBLIC Name: My Commission expires: C:1WP51 DOCSOCOEE\CHII4ABRY.A1CR 18/16/951 I swots i noa•a.. ORDINANCE NO. 95-22 CASE NO. AR-94-12-10: CHINABERRY COVE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 15.41 ACRES LOCATED BOTH SOUTH AND EAST OF THE INTERSECTION OF CLARCONA-OCOEE ROAD AND 17TH AVENUE; 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 CLERIC; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR CONFLICTS; 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 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 be consistent with the JPA Agreement, and to be in the best interests 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 Gty 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 City Commission of the City of Ocoee, Florida 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. The City Commission of the City of Ocoee, Florida, hereby finds that the petition to annex certain lands, as hereinafter described, Into the corporate limits of the Gty 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 as EXHIBIT "B" and by this reference is made a part hereof. SECTION 5. The City Commission of the City of Ocoee, Florida, hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the Joint Planning Area Agreement and 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 Gty 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. 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, and that 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 of this Ordinance. PASSED AND ADOPTED this day of , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED September 24,1995 ADVERTISED October 1,1995 READ FIRST TIME September 19, 1995 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY 8z LARDNER By: City Attorney Chinaberry Cove (AR-94- 12- 10) Both South and East of the Intersection of Clarcona-Ocoee Road and 1 7th Avenue ( 15.41 ACRES) ape :s ac tae nitaecave date sweet .wane in; CHAsaL.S D. PHILLIPS AND DEBRA L. PHILLIPS, 815 WIPE The land is described as follows: Commence at the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East. Orange County, Florida; run thence N 89 degrees 19'23" E a distance of 25.00 feet to the East right-of-way line of Lakewood Avenue; thence S 01 degrees 15'57" 8 along said East right-of-way line a distance of 572.37 feet; thence N 88 degrees 34'40" E a distance of 79.70 feet for a Point of Begimni g; thence N 88 Degrees 34'40" E a distance of 913.57 feet; thence S 01 Degrees 45'01° 2 a distance of 110.00 feet; thence S 88 degrees 34'40" W a distance of 744.20 feet; thence N 01 degrees 25'20" W a distance of 80.00 feet; thence S 88 degrees 34'40" W a distance of -110.00 feet; thence N 01 degrees 25'20" W a distance of 20.00 feet; -thence S 88 degrees 34'40" W a distance of 60.00 feet; thence N 01 degrees 25'%g" Wee distance of 10.00 feet to the Point of Begg n.,,**g. I . and :a ac :no •tat9ave Saco nese! vested lel CERISTOPHZ C. ?OLTZ AND NEA F. FOLTZ, HUSBAND IND W178 The land is described as follows: Begin 1080 feet North and 25 feet East of the Southwest Corer of Section 3, township 22 South, Range 28 East, thence run South for 220 feet; thence East 990 feet; thence North 230 feet; thence West 990 feet to Point of Beginning, Public Records of Orange Counts, Florida C?)4AtENCE at it. Nonnwest canter of the Southwest 1/4 of the Southwest 1/4 al Section 1 iownsnio 2: South. Range :3 East. Orange County. Panda: run thence thence N89-197- E along the North line of the Southwest 1/4 at the Southwest 1/4 at said Section 3 ono the South ngnt—of—..oy tine of 17th Avenue. a distance of 101.7.59 feet for a POINT OF 3E0;NNING: continua thence N89'19'2S= along said South right—or— way line. a aisrance of 60.00 tear. thence SO 1-44-0 �E parallel with the East tine of the Southwest 1/4 of the Southwest 1/a at said Section 3. s distance of 340.00 feet: thence N89'19':3 aarilei with the South rignt—of—way line of said lith avenue. a distance of :70.01 feet to the East line of the Southwest 1/4 of the Southwest 1/4: thence S01-45-01-:: along said East tine of the Southwest 1/4 of the Southwest 1/4. a distance of 770.20 feet: thence Sari9'ZSW a aistancs of 330.01 feet, thence NO 1'45'01-W a aistance of 770.58 feet: thence S88'34.40"w11 a distance of 650.01 feet. thence NO 1.45.01.W a aistanes of 150.00 feet, thence v8S34'40 E a distance of 500.01 ;ler-, thence NO 1'45'0 Iv a distant, of 189.12 feet to the POINT CF 3E0;NNING. _.;ntcins 3..57_0 sc.-es or .773.IZ.1 square leer mors or ass. Exhibit A City of Ocoee Planning Department Chinaberry Cove south & east of the intersection of Qarcona-Ocoee Road a 17th Avenue R Iii •— , ' ---1-17------"=-7- - . • ! oin MI ffh`ff 11 r mn; . . .-imam �n11 � �:•:>t-..�- -�a alfr a sill�n..R, �i:�. ,sJ -. R a=tr lull:rani' ... i �' _ s�. _ ��9A,i�ua o.str-' (-,�, . 111 laDf/an.e sitir,�� !�� �!. LD W 1. �,.� .477T rwar � :. .� tihi Orange . . 1lnFa, ,r MOM. _County _ ,�t:�:r;r yr: _..l� 14.-7 • 11_11.__ -.' 01/-.". T , T.N./ I •:.IS. . is. .. , l LD 116-1 &. __ - Subjeci_. =/ ,, e < ill '//// -iftIvililli.1111111 •Property-�� ` s .may . 4 Alis tlii Ft, ailiar w t: 2„.., ,,r A Larlliz, 4p, ii Agi If. 'pair g L NW 2f,m..es--• -,a a sr- fee ;# - ip;7 f ° rarik.;-tvirAfOr „fa. .AEitri,,cAAAr,w iArgffr afrsjfAVi4 ! �- �F•4 � /z' 6.rA �i.L- .4l r 10 pfi, 0 air ter , �. 4t7.. ;-- i 1 1 ' 4 � 71Ea 4„;r , S t xflE V Silver SI arke .-1- _ t - Laked (7C-.E3 lr E , /" W B Legend: Case Number: AR-94-12-10 rimmiximil %t///// 1 j 0 Subject Ocoee City Orange Property Limits County North AGENDA 9-19-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ocoee Item VI A 2 fe AGENDA 10-17-95 .'N° CITY OF OCOEE Item V B w c,/ 5 , Oa 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 SCOTT A.GLASS r'�y ` `�V (407)656-2322 JIM GLEASON l�� OF G 00��`J CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: September 14, 1995 SRP-514 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, AICP, Director of Planning FROM: Abra Dow, Planner i . ' SUBJECT: Thompson/Still Annexation#AR-94-09-09: on Marshall Farms Road, north of State Road 50 ISSUE: Should the City Commission approve the annexation of the above referenced property? BACKGROUND: The subject property contains a single family residence and an accessory structure. It is located on the east side of Marshall Farms Road, north of S.R. 50 (West Colonial Drive) just southwest of the WGTO radio station. The single family residence is uncharacteristic of the development pattern in the area which is dominated by the Florida Auto Auction and other commercial uses. The Auction property abuts the Thompson/ Still property to the west. The subject property is designated Commercial on the City Future Land Use Map and Joint Planning Area Map. The owner has requested an initial zoning classification of C-3, General Commercial District, which would be consistent with the above referenced land use designations. With respect to State annexation criteria, §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. If annexed, the subject property would reduce the size of an existing enclave. The subject property is compact, non- circuitous, and contiguous to the City along its northern and western property lines for about 650 feet. Therefore, the requested annexation is consistent with State criteria for annexation pursuant to Chapter 171 as well as the standards established by the City and those in the JPA Agreement. DISCUSSION: Staff has completed the Annexation Feasibility 81 Public Facilities Analysis based upon the existing use since there is insufficient data regarding any potential uses. Should the City decide to annex the property, it would represent a nominal fiscal impact as a residential parcel. The existing residence already impacts the roadway network and the City is "the first responder" for fire and emergency calls. There is adequate right-of-way for Marshall Farms Road; it is 60 feet wide which is consistent with our Comprehensive Plan. The additional demand for police services generated by this vacant parcel would be minimal. There may be an access problem for garbage trucks; however, the existing residence is vacant. The owners do not expect to be connected to City utilities until after the property is redeveloped and utilities are available. A twelve-inch water line runs along the west side of Marshall Farms Road and a twelve-inch force main is located within 500 feet. The 1994 assessed value of the property is $40,548.00, and the estimated City of Ocoee ad valorem tax revenue would be $162.19. Accordingly, staff feels that if the property is annexed as is, the taxes generated by the property will sufficiently offset the need for services; therefore, annexation of this property is feasible based upon the above considerations. Staff raised several concerns as part of the Annexation Feasibility 81 Public Facilities Analysis which are related SRP-514 - City Commission Staff Report Subject: Thompson/ Still Annexation Petition (Case # AR-94-09-09) September 14, 1995 Page 2 to development potential and they include the following issues: (1) the existing access point is too narrow to comply with the Land Development Code requirements for a commercial driveway; (2)the existing access point could be dangerous if more turning movements were added due to limited sight distance concerns; (3) portions of State Road 50 exceed 100% capacity and additional trips may not be available if this site impacts that facility; (4) the stormwater management system may need to be over-designed due to the existing drainage patterns; (5) if sanitary sewer service is needed, the existing twelve-inch force main will need to be extended about 500 feet; and (6) if potable water service is needed, then the existing twelve-inch line will need to be tapped to extend services onto the site. The owner/developer will be required to extend the utility service lines at their own expense, provide a lift station during development, and dedicate a lift station site as part of the annexation approval process. Any development on the site will be required to meet the City Fire Department standards for fire hydrant spacing, fire flow, and water pressure. Despite these concerns,staff believes that these questions may be addressed as part of the development review process since the City can adequately provide urban services to the subject property now, and it would be difficult to forecast the potential costs and benefits or anticipate the development impact lacking a proposed use and additional data. PLANNING 8i ZONING COMMISSION RECOMMENDATION: At their meeting on September 12, 1995, the Planning 81 Zoning Commission found the proposed annexation to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) Chapter 171, Florida Statutes;and (4) the]PA Agreement.Accordingly, the Planning and Zoning Commission unanimously recommended that the Thompson/Still property situated at 827 Marshall Farms Road be annexed by the City Commission. STAFF RECOMMENDATION: The Development Review Committee (DRC) met on August 23, 1995, in compliance with City of Ocoee Resolution #94-10, and recommended approval of the above referenced annexation. Staff respectfully recommends that the City Commission, upon finding the application in Case #AR-94-09-09 to be consistent with: (1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the]PA Agreement, approve the Thompson/Still Annexation Petition. Attachments: Annexation Feasibility 81 Public Facilities Analysis Fle: SRP-5 1 4.BCC Location Map City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: September 7, 1995 Case Number AR-94-08-06 Thompson/ Still 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: (Dow) A. Applicant(s): Alan Parker (Realtor for Owners Still/ Thompson) Contact Phone #: (407) 644-3500 B. Property Location: 1. Parcel Id. No.: 19-22-28-0000-00-014 2. Street Address: 827 Marshall Farms Road 3. Legal Description: see application 4. Directions: From City Hall, go south on Bluford to the second traffic signal at Story Road. Make a right (west) onto Story Road and at the first traffic signal (Maguire Road)and go south one block.At Marshall Farms Road, turn right (southwest) and the subject property is lust behind the radio station. 5. Size: + 2.14 acres C. Proposed/Existing Use: 1. Residential Units: n/a 2. Projected Population: zero 3. Office or Professional: n/a 4. Commercial: Possible car dealership - proposed use unknown at this time 5. Industrial: n/a D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: A-1, Citrus Rural District 2. Orange County FLU Designation: Industrial 3. Proposed Ocoee Zoning Classification: C-3, General Commercial District 4. Proposed Ocoee FLU Designation: Commercial 5. Consistent With: Comp. Plan? Yes WA? Yes 6. Comp. Plan Amendment Required? No When? n/a ll. Fire Department: (Strosnider) A. Estimated Response Time: four minutes B. Distance Traveled (to property): 1.7 miles C. Nearest Fire Hydrant (mark on map): At WGTO radio station D. Fire Flow Requirements (circle one): unknown E. Comments: Flows and hydrant spacing must meet LDC for future development. As a result of an Agreement with Orange County, this property is already served for"first response" by the City of Ocoee Fire Department. • Page 1 • City of Ocoee Planning Department Annexation Feasibility 8t Public Facilities Analysis Date: September 7, 1995 Case Number. AR-94-08-06 Thompson/ Still III. Police Department: (Mark) A. Estimated Response Time: 3 - 5 minutes B. Distance Traveled (to property): two miles C. Police Patrol Zone: South IV. Finances: (OCTA 8t Dow) A. 1994 Orange County Assessed Value: $40,548.00 B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $162.19 C. Anticipated Licenses 81 Permits: $17,000.00 D. Total Projected Revenues: $17,162.19 V. Utilities: (Shira) A. Potable Water Issues: 1. In Ocoee Service Area? Yes (Orange Co. Service Area? No) 2. Distance to Nearest Line? Adiacent to the property 3. Size of Water Main? 12" 4. Estimated Water Demand? Unknown 5. Can City Service this Property? Yes 6. Extension Needed? Yes, onto the site 7. Developer Agreement Needed? Yes, water service agreement at development approval 8. City Cannot Service Now or in the Future (check here): n/a B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes 2. Distance to Nearest Line? 500 feet 3. Size of Sewer Main? n/a 4. Estimated Sewer Demand? Unknown 5. Can City Service this Property? Yes 6. Extension Needed? Yes 7. Developer Agreement Needed? Yes• sewer service agreement at development approval. 8. City Cannot Service Now or in the Future (check here): n/a • Page 2 • City of Ocoee Planning Department Annexation Feasibility at Public Facilities Analysis Date: September 7, 1995 Case Number. AR-94-08-06 Thompson/ Still C. Other Utility Issues: 1. Utility Easement/ Lift Station Site / Well Protection Area Needed 2. Other Comments: Garbage collection may present some problems due to the driveway width. D. Transportation: (Dow/Resnik) 1. Paved Access to Property? Yes• Marshal Farms Road 2. ROW Dedication? No 3. Traffic Study: possibly required as part of development approval 4. Traffic Zone: 267 5. Other Traffic Improvements Needed: unknown at this time. VI. Building Department: (Flippen/ Harper) A. Anticipated Licenses 8L Permits: $2,000.00 B. Within 100 year flood plain: No C. Potential Impact Fees: $15,000.00 VII. Preliminary Concurrency Evaluation: (Resnik) The property will have to meet concurrency standards when the property goes through development approval. A. Transportation: As of 9/7/94, no road segments over capacity in that area. B. Parks/Recreation: Not applicable. C. Sewer/Water Capacity: The developer will be required to apply for water and sewer before the issuance of any final development orders. D. Other Issues: Stormwater run off and drainage issues and solid waste criteria. Developer must meet all requirements as part of development approval. VIII. Specify Other Comments 81 Considerations Below: None. • Page 3 • City of Ocoee Planning Department Thompson/Still located on the east side of Marshall Farms Road, north of State Road 50 827 Marshall Farms Road, Ocoee, Florida •': r / !/ ,. • 'Anis "/ //,:ziE.'" ../,',.; y/i ..:„X: •,. ."/•*/ -%/,/ :7" Mil // //,';2111174301 leliWPRINavaVils NISI INN I, -.RN 11. sitgiggi /, / / �/ ��/ //:'////-. 'fi� , � iii B1 T21 /�/ lik . i r ,/,/, 1 -L� r El, SR r4606 11 •� ./,Z.• /// /,' //., laid � ! ,,� �oO:® neer. =a l f , , / / /. ,- r' us il+f SAH.•rip:// `' l> ,. % ''" �� okamENN` . 11 ,, : / : : \/,„,,,,„/,,„, ,,/,„-„,,/,/,ryyy�lir //// /// f/ Illp 7'12/:/7„ ,.. //..,/,:/-///4/:„/.7: ),,,i,,.... 7,' :, ...'3,,,.///1//.7 A:411%i,'41 0/ 7„// \ . /',/,/..". r/ .////,,. '/ / / �'.;/'%iii. :•% /. 7/ , :/;/„/". / r• � A , ;/ r , . zz �, ce / . r :„-/„,/,/,/,/•,/, ...„././,/,- „4/,-,,t. , / ,/ ,,,),..,Er.....-4,,,--.!;,(.,„i, -ii,..,...,,,..- ; .,. ..j t'. .,ii • - -,,,,, / : ..,. . : , /,'g-_., foyi z„, ;/...::,.:..:: .,: ...- .„..-///„///:/..4;...-. :.-7,;./.-.; -, //. - . '/4 / / /, \ // /iij/'r % '/r// / / 'j i///4....: .tet r. /1 • iill .:'--... ....:;-.a.''',/-./--/.//////. l / /i /�/r / /�/r . / f • /' % / . rJ mom .../.',.:../. ,if ;./,-/ , r . /'z;/'#'/'7'. / r " //Mr' .V . ♦ r Legend: Case Number: AR-94-09-09 •..... • /,,,,,/,i .....a.♦. Subject •coee City Orange Outside of 0 Property Limits County JPA North ORDINANCE NO. 95-23 CASE NO. AR-94-09-09: THOMPSON/ STILL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.14 ACRES LOCATED ON THE EAST SIDE OF MARSHALL FARMS ROAD NORTH OF STATE ROAD 50; 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 CONFLICTS; 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 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 be consistent with the WA Agreement, and to be in the best interests 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 City Commission of the City of Ocoee, Florida 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. The Gty Commission of the City of Ocoee, Florida, 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. 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 S. The City Commission of the City of Ocoee, Florida, hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the Joint Planning Area Agreement and 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. 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, and that 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 of this Ordinance. PASSED AND ADOPTED this day of , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED September 24,1995 ADVERTISED October 1,1995 READ FIRST TIME September 19, 1995 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY 8L LARDNER By: City Attorney Thompson/ Still (AR-94-09-09) On the East Side of Marshall Farms.Road: North of State Road 50 (2. 14 ACRES) EXHIBIT °A° LEGAL DESCRIPTION Begin at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of SECTION 19, TOWNSHIP 22 SOUTx, RANGE 28 EAST, Orange County, Florida; run thence West along the North line of the Southwest 1/4 of the Southeast 1/4 of said Section 19, for a distance of 372 .35 feet, more or less to the Easterly right of way line of Marshall Farms Road (Ocoee-Bulah Hard Road) ; thence South 43° West along said right of way line 274 feet; thence East 559.14 feet, more or less to the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 19; thence North 0°33 ' East, 200 .47 feet to the Point of Beginning. Exhibit A Thompson/ Shcl (AR-94-09-09) On the East Side of Marshall Farms Road North of Scare Road 50 (2. 14 ACRES) 827 Marshait Fums Road, Ocoee, Florida ,.r.,.,. , , / — J..... • • -,• •-4›./..: ;?:.:-.,.. • •...,:ii4 , , I - " . .• . / f.,;,?g. ' / .//," ''.. •/ ,f•i• ./. ,." 1 .'., ! ....6.S7 1.11.1-7.m... :.'1;74": .' r r; P: .`t��r�te�% ai!, 7/ ,• . +�2 j '/�/� ,/Z.mar , ' - �.s„,-;i, � / ,f•r�:%l'i H•• •./.ice'/ /./i..••..:• !;•'•. •'i tt''i v ��• i Vt t I. z ..,•;:.•••••• •• •0. -;,,,..,•,,,,:,-.... ••.• -..•, ',,,...''.-,.... •'- Mk' ' • , %Y I I / I __',-./.'''Z., .Zt, .//••' •,, z: ,'/, !':.'iia i ....,...;.r.//. / .ile . 'i•;/:• ,: "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 9-10-119-95 Ocoee Item VI A 4 O� \% AGENDA 7-95 CITY OF OCOEE Item v , a 150 N.LAKESHORE DRIVE D D OCOEE FLORIDA 34761-2258 SCOL i 1%.v...__ (407)656.2322 JIM GLEASON 4, OF Gov N` CITY MANAGER STAFF REPORT ELLIS SHAPIRO DATE: September 14, 1995 SRP-515 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, AICP, Dirrecjor of Planning FROM: Abra Dow, Planner Q�irl' SUBJECT: Jernigan Residence Annexation #AR-95-06-02: north of State Road 50 and west of the Turnpike ISSUE: Should the City Commission approve the annexation of the above referenced property? BACKGROUND: The subject property contains a single family residence and a detached garage. It is located on the north side of S.R. 50 (West Colonial Drive), just west of the Florida Turnpike Interchange. This single family residence is uncharacteristic of the development pattern in the area which is dominated by the Florida Auto Auction and other commercial uses. The Auction property abuts the Jernigan property to the north and west and the Turnpike property abuts it to the east. The subject property is designated Commercial on the City Future Land Use Map and Joint Planning Area (JPA) Map. The owner has requested an initial zoning classification of C-3, General Commercial District, which would be consistent with the above referenced land use designations. With respect to State annexation criteria, §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. If annexed, the Jernigan property would eliminate an existing enclave. The Jernigan property is compact, non-circuitous, and contiguous to the City along all four property lines; therefore, the requested annexation is consistent with State criteria for annexation pursuant to Chapter 171 as well as the standards established by the City and those in the JPA Agreement. The property is also located within the Ocoee-Orange County Joint Planning Area (JPA) and the Ocoee Utility Service Area. Since the subject property is within the City's Service Area and it is contiguous to the city limits, the property is being considered for annexation as outlined in the JPA Agreement. Orange County Planning Staff has been notified of the Annexation Petition and they have no objections to the annexation. DISCUSSION: Staff has completed the Annexation Feasibility & Public Facilities Analysis based upon the existing use since there is insufficient data regarding any potential uses. Should the City decide to annex the property, it would represent a nominal fiscal impact as a residential parcel. The existing residence already impacts the roadway network and the City is "first responder" for fire and emergency calls. There is adequate right-of-way for State Road 50; it is 150 feet wide which is consistent with our Comprehensive Plan. The additional demand for police services generated by this property would be minimal but there may be an access problem for the garbage trucks. The owner will continue to use her potable well and septic system until the property is sold and redeveloped. The owner does not expect to be connected to City utilities but utilities are available. The closest sanitary sewer line is a twelve-inch force main located about 1,000 feet away and there is an eight-inch potable water line roughly 200 feet away. The 1994 assessed value of the property is $161,192 but the taxable value is $136,192 due to a homestead exemption. The estimated City of Ocoee ad valorem tax SRP-515 - City Commission Staff Report Subject: Jernigan Annexation (Case # AR-95-06-02) September 14, 1995 Page 2 revenue would be $544.77. Accordingly, staff feels that if the property is annexed as is, the taxes generated by the property would sufficiently offset the need for services; therefore, annexation of this residentially developed property would be feasible based upon the above considerations. Staff raised several concerns as part of the Annexation Feasibility&Public Facilities Analysis which are related to development potential and they include the following issues: (1) the existing access point is too narrow to comply with the Land Development Code requirements for a commercial driveway; (2)the existing access point could be dangerous if more turning movements were added due to potential conflicts with the Turnpike off- ramp; (3) significant traffic safety improvements may be required as part of the development approval process; (4) portions of State Road 50 exceed 100% capacity and additional trips may not be available; (5) a significant portion of the property is located within the flood zone; (6)the stormwater management system may need to be over-designed due to the existing topography and drainage patterns; (7) if sanitary sewer service is needed, the existing twelve-inch main would need to be extended about 1,000 feet; and (8) if potable water service is needed, then the existing eight-inch line would need to be extended 200 feet. The owner/developer would be required to extend the utility service lines at their own expense, provide a lift station during development, and dedicate a lift station site as part of the annexation approval process. Any development of the site would be required to meet the City Fire Department standards for fire hydrant spacing, fire flow, and water pressure. These issues would be resolved through the development approval process but are discussed here since there are some related provisions in the attached Annexation Agreement. Despite these concerns, staff believes that these questions may be addressed as part of the development review process since the City can adequately provide urban services to the subject property now, and it would be difficult to forecast the potential costs and benefits or anticipate the development impact lacking a proposed use and additional data. PLANNING & ZONING COMMISSION RECOMMENDATION: At their meeting on September 12, 1995, the Planning 8i Zoning Commission found the proposed annexation to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) Chapter 171,Florida Statutes;and(4) the JPA Agreement.Accordingly, the Planning and Zoning Commission unanimously recommended that the Jernigan property situated at 11715 West Colonial Drive be annexed by the City Commission subject to the execution of the annexation agreement. STAFF RECOMMENDATION: The Development Review Committee (DRC) met on August 23, 1995, in compliance with City of Ocoee Resolution #94-10, and recommended approval of the above referenced annexation. Staff respectfully recommends that the City Commission, upon finding the application in Case #AR-95-06-02 to be consistent with: (1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria;and (3) the JPA Agreement, approve the Jernigan Residence Annexation Petition, pending the execution of the necessary Annexation Agreement in which the property owner acknowledges the possible development limitations on the subject property. Attachments: Annexation Feasibility 8I Public Facilities Analysis File: SRP-515.BCC Location Map Annexation Agreement City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: September 7, 1995 Case Number: AR-95-06-02 Anna Mae Jernigan 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: (Dow) A. Applicant(s): Anna Mae lemigan (do Jeff Douglas at ZOM) Contact Phone #: (407) 644-6300 B. Property Location: 11715 West Colonial Drive, Ocoee, Florida, 34761-3302 1. Parcel Id. No.: 19-22-28-0000-002 and 19-22-28-0000-003 2. Street Address: 11715 West Colonial Drive, Ocoee, Florida, 34761-3302 3. Legal Description: see Planning Department files 4. Directions: North side of Highway 50, adjacent to the west side of the Turnpike off ramp and the Florida Auto Auction. 5. Size: 4.438 acres C. Existing Use: Single Family Residence 1. Residential Units: one (1) dwelling unit 2. Projected Population: three (3) people 3. Office or Professional: n/a 4. Commercial: possible sale to the Auction 5. Industrial: n/a D. Zoning Classifications and Future Land Use (FLU) Designations: 1. Orange County Zoning Classification: A-1, Citrus Rural District 2. Orange County FLU Designation: Industrial FLU Designation 3. Requested City of Ocoee Zoning Classification: C-3, General Commercial District 4. Proposed City of Ocoee FLU Designation: Commercial 5. Consistent With: Comp. Plan? Yes WA? Yes 6. Comp. Plan Amendment Required? No When? n/a 7. Comments: Applicants have indicated that they may be selling this property to the Florida Auto Auction and would need a zoning consistent with that use. II. Fire Department: (Strosnider) A. Estimated Response Time: five minutes B. Distance Traveled (to property): 1.9 miles C. Nearest Fire Hydrant (mark on map): At the intersection of Marshall Farms Rd. 8L S.R. 50 D. Fire Flow Requirements (circle one): inadequate, E. Comments: Any development of the site will be required to meet the City's minimum hydrant spacing, water pressure, and flow requirements. • Page 1 ■ City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: September 7, 1995 Case Number: AR-95-06-02 Anna Mae lemigan III. Police Department: (Mark) A. Estimated Response Time: five minutes B. Distance Traveled (to property): 1.9 miles C. Police Patrol Zone: South IV. Finances: (OCTA/Dow) A. 1994 Orange County Assessed Value: $161,192.00 B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $644.77 C. Anticipated Licenses a Permits: unknown D. Total Projected Revenues: $644.77 V. Utilities: (Shira) A. Potable Water Issues: 1. In Ocoee Service Area? Yes 2. Distance to Nearest Line? 200 feet 3. Size of Water Main? Eight inches. 4. Estimated Water Demand? Unknown 5. Can City Service this Property? Yes 6. Extension Needed? Yes 7. Developer Agreement Needed? Yes As part of annexation? Yes 8. City Cannot Service Now or in the Future (check here): n/a 9. Comments: none B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes 2. Distance to Nearest Line? 1,000 feet 3. Size of Sewer Main? Twelve inch (12") 4. Estimated Sewer Demand? Unknown 5. Can City Service this Property? Yes 6. Extension Needed? Yes 7. Developer Agreement Needed? Yes As part of annexation? Yes 8. City Cannot Service Now or in the Future (check here): n/a 9. Comments: none • Page 2 • City of Ocoee Planning Department Annexation Feasibility 81 Public Facilities Analysis Date: September 7, 1995 Case Number: AR-95-06-02 Anna Mae Jernigan C. Other Utility Issues: 1. Utility Easement/ Lift Station Site/ Well Protection Area Required for development 2. Other Comments: Stormwater retention system may need to be over-designed due to existing drainage patterns VI. Transportation: (Shira/ Resnik) A. Paved Access to Property? Yes B. Right-of-way Dedication? No Specify: 150 feet of right-of-way available for S.R. 50 C. Traffic Study: unknown at this time D. Traffic Zone: 267 E. Other Traffic Improvements Needed: Development of the site may trigger need for significant traffic safety improvement to handle conflict between access drive and Turnpike Off Ramp. VII. Building Department: (Flippen/ Harper) A. Anticipated Licenses & Permits: Cannot be determined until use of property is known. B. Within 100 year flood plain: Yes: A large part of the property is located in a flood zone. C. Potential Impact Fees: Cannot determine until use of property is known. D. Other Comments: There is an extremely narrow access driveway easement that crosses over the exit ramp west onto West Colonial Drive. Extreme care must be taken to fully define the status of the access frontage and its consequences for future development regardless of the zoning district assigned by the City Commission. VIII. Preliminary Concurrency Evaluation: (Resnik) A. Transportation: Portions of S.R. 50 at or exceeding 100%. Future availability will depend upon ultimate use and timing of development. (May or may not have road capacity - Annex at own risk.) B. Parks/Recreation: Not Applicable for commercial. C. Sewer/Water Capacity: Also depends upon use. Capacity is currently available. D. Stormwater/Drainage: Subiect to approval of final plans for the property. E. Other Comments: Sanitation: garbage pick up may present some problems due to the width of the existing driveway. IX. Specify Other Comments at Considerations Below: (anyone) None. ■ Page 3 • City of Ocoee Planning Department Jernigan Residence located on the north side of State Road 50, west of the Florida Turnpike 1 1715 West Colonial Drive, Ocoee, Florida ,__ _. . . - ; / / , r i../ / ./ r;:1T3I /4 r /*4" / Ow V / / ry,., , ,,, , , ,/,z , ,/,-/ , -,,, '',// /7/ - ,', /// / ..//, ;- / . -, . /// ' / / , /4,'/,'' , ////, ' ',/ X i0 r+1Pv 1r ..' 1 Fr .. r / Aatit.A, ...Aip.ff. , ./ . , / . v.. . / 7 , ,,/ rofr_ virorx/. / , /:// 011,4,6_444L 1 / / / // "." •-- ' , ;' - / A/ -',..- -.... /..--4,„...- 00 WA"r - : f ,..;,.,...-,,.„A 00,41,...i g 0 e r / , IMP' 1 2 r.Ji ;/ i /sf / / / op , - ,sur mil . .•!LkPIl P j/ f /mi , *1*1 ,.f %// �/� ` 914(A"/d 1 • • V/22.-////,/:/"./ //>./ / Legend: Case Number: AR-95-06-02 Subject Ocoee City Orange Outside of 0 Property Limits County JPA North THIS INSTRUMENT PREPARED BY: David P. Barker, Esq. FOLEY & LARDNER 111 North Orange Avenue Suite 1800 Orlando, Florida 32801 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive For Recording Purposes Only Ocoee, Florida 34761 Case No.: AR 95-06-02 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 1995, by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, and ANNA MAE JERNIGAN a/k/a ANNIE MAY JERNIGAN, as to an undivided 1/2 interest in Parcel I and all of Parcel II, and FLORENCE JEANNETTE WILSON, as to an undivided 1/2 interest in Parcel I (hereinafter collectively referred to as the "Owner"), whose mailing address is 11715 W. Colonial Drive, Ocoee, Florida 34761. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida comprised of Parcel I and Parcel II, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan, including the Future Land Use Map, and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for necessary infrastructure improvements, including the installation of a traffic signal and related improvements at the Owner's expense, and the provision of municipal services to the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and VV EREAS, the City has conducted an Annexation Feasibility& Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. SIGNIFICANT TRAFFIC SAFETY IMPROVEMENTS. Owner acknowledges and agrees that, in the event the City requires, Owner shall, at Owner's sole cost and expense prior to an issuance by the City of any Certificate of Completion or Certificate of Occupancy, construct, erect and install significant traffic safety improvements (the "Improvements") at the intersection of the access point of the Property, as developed, and State Road 50 located adjacent to the south boundary of the Property. Neither the Owner nor any person or entity shall be entitled to any road impact fee credits or other credits, reimbursement or compensation from the City with respect to the installation of the Improvements as set forth above. SECTION 3. ANNEXATION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 95 for Case No. AR 95- 06-02, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered when (1) hand delivered to the official hereinafter designated, or(2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. 2 Owner: Anna Mae Jernigan 11715 W. Colonial Drive Ocoee, Florida 34761 City: City of Ocoee City Manager 150 North Lakeshore Drive Ocoee, FL 34761 SECTION 5. NOTICES: DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns. SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 8. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. 3 SECTION 12. El'r'ECTIVE DATE. This Agreement shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. "CITY" Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation By: Signature S. Scott Vandergrift, Mayor Print/Type Name Attest: Jean Grafton, City Clerk Signature (SEAL) Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 1995 By: UNDER AGENDA ITEM NO. City Attorney 4 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 5 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 1995. Signed, sealed and delivered in the presence of: "OWNER" Signature ANNA MAE JERNIGAN a/k/a�AJP MAY JERNIGAN, as to an undivided 1/2 /1)�,4, interest in Parcel I and all of Parcel II I-!braT Print/Type Name . Si rent. / �fFFi4i L lautS Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ANNA MAE JERNIGAN a/k/a ANNIE MAY JERNIGAN, as to an undivided 1/2 interest in Parcel I and all of Parcel II, who [ ] is personally known to me or [.-} producedF=/ .0( J�nS -05-3-/)-be as identification, and that she acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforesaid this S C day of -1., , 1995. iJ „, 1 1/1C( rtC(. Signature of Notary �0 y H 1 t+L NA C CFIONNON [.., / L yt * Pres s Gornmiseso' ,e ` 7�b l-(; 16.E (_ - C'i/< irAl �''I. Bonded by ANB Name of Notary (Typed,Printed or Stamped) fT i; 4teOF Fl 900-e02 aS7E1 Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:\WP51DOCSIOCOEEUERNIGAN.ANX 18/16/95118W015 IDPB:dp 6 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the , 2 day of Acl us T , 1995. Signed, sealed and delivered in the presence of: "OWNER" . ----- �� ,Y). / ..,_4.1 Signature FLORENCE, ANNETTE WILSON, as -Ri.', bee'r A/. /i 6-cc to an undivided 1/2 interest in Parcel I Print/Type Name 4,Nc�l J'4=4/ - Signature :P4;4I D WAG/ Print/Type Name STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared FLORENCE JEANNETTE WILSON, as to an undivided 1/2 interest in Parcel I, who [ ] is personally known to me or [ 'produced FL )*al. L,C, as identification, and that she acknowledged executing the foregoing instrument for the purposes and uses therein described. vkttZ52-1C4-11 sa F--(- )e a_.c.. Exp q9 . WITNESS my hand and official seal in the County and State last aforesaid this 4 day of 14 Lt ciu 3-7 , 1995. /*/ _ , XL OFFICIAL NOTARY SEAL Signature of Notary j ROBERT N HAGOOD NOTARY PUBLIC STATE OF Fi.ORIDA76 / Com' Cf COMMISSION NO.CC394074 p MY COMMISSION EXP.JULY 20,1998 C/t / Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:lWP31\DOCSIOCOEEUERNMGAN.ANX I8/16/93I ISWOIS IDPB:dp 7 PARCEL I: The Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 10, Township 22 South, Range 28 East, Orange County, Florida; LESS AND EXCEPT: The South 30 feet thereof and those portions conveyed to Florida State Turnpike Authority by Warranty Deed dated April 19, 1963, recorded April 25, 1963 in O.R. Book 1191, Page 733, and Warranty Deed dated July 22, 1963, recorded July 24, 1963 in O.R. Book 1225, Page 599; ALSO LESS AND EXCEPT: Begin at the intersection of the North right-of-way line_of Tildenville-Minorville Bard Road with the West line of the following tract; Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 19, Township 22 South, Range 28 East; run thence last 105 feet; thence North 400 feet; thence West 105 feet; thence South 400 feet to the Point of Beginning. PARCEL II: Begin at the intersection of the North right-of-way line of Tildenville-Minorville Hard Road with the West line of the following tract; Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida; run thence East 105 feet; thence North 400 feet; thence West 105 feet; thence South 400 feet to the Point of Beginning; LESS AND EXCEPT: That portion conveyed to Florida State Turnpike Authority by Warranty Deed dated April 19, 1963, recorded April 25, 1963 in O.R. Book 1191, Page 733, Orange County, Florida. SAID LAND IS ALSO DESCRIBED AS FOLLOWS: Commence at the intersection of the centerline of Tildenville-Minorville Road (State Road 50) with the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 Jernigan Residence (AR-95-06-02) On the North Side of State Road 50 West of the Turnpike (4.438 ACRES) of Section 19, Township 22 South, Range 28 East, Orange County, Florida; thence run North 00.34'28" West, along said West line, for a distance of 97.86 feet to the North right-of-way line of Parcel 11.5-34 of the Florida State Turnpike Authority as described in O.A. Book 1225, Page 599 of the Public Records of Orange County, Florida and the Point of Beginning; thence continue North 00.34'28" West, along the aforementioned West line for a distance of 570.69 feet; thence run North 88.58'56" East along the North line of said Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 19, for a distance of 485.24 feet to the right-of-way of the aforementioned Florida State Turnpike Authority Land, Parcel 11.5-32; thence run, along said right-of-way and a curve concave Southeasterly having a radius of 347.00 feet, on a chord bearing of South 27.22'32" West through a central angle of 55.00'32", for an arc length of 333.15 feet; thence run South 00.07'45" East, along said right-of-way, for a distance of 100.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 147.00 feet; thence run Southwesterly, along the arc of said curve, through a central angle of 62.16'43", for an arc length of 159.78 feet; thence run South 27.51'02" East, along said right-of-way, for a distance of 23.00 feet to a point on a curve concave Northwesterly having a radius of 170.00 feet; thence run Southwesterly, along the arc of said curve and said right-of-way, on a chord bearing of South 68.58'52" West, through a central angle of 13.39'50", for an aro length of 40.54 feet to a point of compound curvature of a curve concave Northwesterly having a radius of 894.93 feet; thence run Southwesterly, along the arc of said curve and said right-of-way and right-of-way Parcel 11.5-34, through a central angle of 9.00'01", for an arc length of 140.58 feet to the point of compound curvature of a curve concave Northerly having a radius of 1849.86 feet; thence run Westerly, along the arc of said curve and right-of-way Parcel 11.5-34, through a central angle of 2.44'54", for an aro length of 88.74 feet to the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 19 and the Point of Beginning. Exhibit A • Jernigan Residence (AR-95-06-02) On the North Side of State Road 50 West of the Turnpike (4.438 ACRES) 11715 West Colonial Drive, Ocoee, Florida --4iipl-e��.�r ;. :7;-:-/,•••,•2/r/ ODA" /. ...//,/..,./,,, -',/,'..,:e / :. /i7y, //'',/ ' ' ' i A' 2/''%;/ . A,,,,,/.4v,/;. ,//- //. / ♦14 100,1i, ♦%) 4 X ./.A///.` � , /,, , , ,,:, 10. ////'' /r// P; /, Ve7/ ,4('" . / ', // Torear VIP' , /,,,,,,, /• ,„..-/ , /„,,,,,•!,/ • / ♦ z .:",4`1 r' • , eir- - ----..,,,. ' / c- /.' it' •/ API/ tft,, , i , / . /7,,,./ /7/.., ,, .. ., ,.,,,,,... / i ,:t,, ,„,,,,,/, , ... ..,:& , . --- ,.„ /7 .---- ,,,,,,,///y„,/,,-, ; :,,, /;/-- 8*1* /%� .i' / ;j, / j/C� / j>��C_ 1J1i % . / �/ /• . /// ./ j 111 //,; j. .1,,� � � ' / ' /• /• ///;, ,� ii /,ice //ij Y , / /, ♦��11♦•1 .'iii/ , �i/////"/%� 1i1i11♦� 1 ,// ,/% ♦111111♦ / / i /, ♦♦11/1111 , ';%/” <'•:•:< Legend: Case Number: AR-95-06-02 0 ....... Subject Ocoee City Orange Outside of Property Limits County WA North Exhibit B ORDINANCE NO. 95-25 CASE NO. AR-95-06-02: Jernigan Residence AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.438 ACRES LOCATED ON THE NORTH SIDE OF STATE ROAD 50 WEST OF THE TURNPIKE; 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 CONFLICTING ORDINANCES; PROVIDING FOR CONFLICTS; 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 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 be consistent with the JPA Agreement, and to be in the best interests 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 City Commission of the City of Ocoee, Florida 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. The City Commission of the City of Ocoee, Florida, 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. 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. The City Commission of the City of Ocoee, Florida, hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the Joint Planning Area Agreement and 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. 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, and that 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 of this Ordinance. PASSED AND ADOPTED this day of , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA lean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED September 24,1995 ADVERTISED October 1,1995 READ FIRST TIME September 19, 1995 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY at LARDNER By: City Attorney Jernig n Residence (AR-95-06-02) On the North Side of Scare Road 50 West of the Turnpike (4.438 ACRES) he 3outhw.ae :/4 at :he Sout:aast 1/4 of the Southwest 1/4 of 3.at:.on 10. Towaan:4 22 South. hangs 2e lame. Orange County, 7lorida: Less lm aC=PT: Th. South 10 feet thereof and those portions conveyed to 71orida State Turnpike Authority by warranty heed dated lord 19. 1943. recanted April :3. 1.343 in 0.2. Soon 1191. Page 733, and warranty heed dated Zxly 22. 1943. recorded ,U.y 24, 3.543 is 0.2. soot 1223. Page 399; 2130 :234 IUD v=G:4T: Neva at the intersection at the Porth right-of-way lia..ot Tild•nville-elinarvslle lard Road with the Vast line of the followsaq haat: southwest 1/4 of 3e Southeast 1/4 of the Southrest 1/4. Section 19. 'awaited? 22 South. Rang. 22 Last: ran `Santa east 103 feet: thence Werth 400 fact; thecae Teat los !sec: thence South 440 feet to 3. Point of 3egtsninq. 3egin at the intersection of 3e liar= right-of-way line of --denials-dinorrills lard Road vitt the Test 1:s0 of the following _act; Seat-West 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 13, -ornseip 22 South. lenge 2a hast. Orange County, 71arida: run thence last 145 feet: thane North 400 feet; thence Test los feet; thence South 400 feet to the Point of 3eginning: :=11 15D -=.7.2,71% That portion conveyed to 71orida Stats 27rapi2a authority by warranty heed dated 1pr-1 19, 1963, recorded 1pri2 23, 1943 :a 0.2. 3ooC 1191, Page 733, Orange County, florid*. azo :12113 :3 12.30 223C2=1:71 13 7CL:.OT3: Commence at the ihteroect;.on of the :anterlihe of Tildeavt le-+lhorrlla load (State load 30) vit.. 3. fest Piss of the Southwest :L4 of =he Southeast 1/4 at the Southwest 1;4 of Section 13, fowasa:0 22 South. Range 2a East. Orange Coaat7, p1oride; then. r= 3or-.1 00.24'22 last. along said west Line. far a i:stzacs of 97.26 facet to the Yor3 right-of-may lis. of Par-al 11.3-14 of 'the 7lorida State Thrmnike =charity as desC.ed in 0.2. Root 1225. Page 399 of the Pani-'c Records of Orange .'.aunty, 71orida and the Pot= of 3eq.n.g; :hence 40n=`-sa Yor3 40.14'14" Tait, alanq the afar.aantioned Vast .-s for a diatancs of 570.69 feet: :hence r^-n aorta 1.•34'56" hast slang the Porth line of said Southwest 1;4 at the Southeast ;4 of the southeast .;4 of Sectioa 19, for a distant. of 435.24 fast to the right-at-my of the aforementioned 71orida Stats h =s.:s 1.utharity :and. Parcel i.3-32; tiente ran. along said V.:Mt-of-my and a .17.7715 Oneave Southeasterly teeth; a radios ad 147.30 fast, on a lord hear_g of South -'12" Test =rough a central angle of S3•10'12", for an art length of 133.15 feet: thence rin South 30.17.43'• last. along said right-of-way, for a distance of 124.20 fest to the point of ourrata a of a curve oancava Yor-w.starly :aviog a radius of 147.40 feet; -thence rtn Southwesterly, along the aro of said ca-^re, through a central angle of 62.16'43", for an arc length of 139.72 feet; thence rmn South :7.31'02" yeast. along said right-of-ray, for a at 23.40 facet to a point on a omrve concave Porthwastsrly having a radius of :0.30 feet; thence rdn Southwesterly, along the aero of said cs-r4 and said :get-et-ray, an a :hard hearth; Of South 68.53'32" Test, through a central angle of 13.39'30", for an aro length of 40.34 :Set to a point of canpound us7*t s at a carr. eaneay. 3orthv.atari7 lav-_:q a radius of 194.33 feet; thence ria Southeasterly, along the are of said casee and said right-of-vay and gat-ad-vay Parcel11.3-34, ..rough a ciwzrai angio of 9.40'31" .or as art :angtth of 143.33 facet to the point of compound curvature of a Z=74 :oaesv. Por:sr_7 1.27=C; a =din* of /349.46 :a.=: thsn_s ._ 7asta=l7, along -the axa of sled =To and right-of-vay Parcel 11.3-14, through a central angle of .444'74" for an L. length of 44.74 feet to tt3. Vest Line of the South:vest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Sec--ion /9 and the ?aim= of Retinal-5'. Exhibit A 4L ii NC�hhC.IC (•'-\X-7'�- C-ti \ -- On the Noru7 Side or- Scare Road 50 West or- the Turnpike 4. 43 p Ke ( .. .438 ACRES) I ( 7 f 5 'Nest C,;ienrai Onve, Cc:ee, Paid.; : e\t,-< < <</C, /,;',:v/.. -",/-,/,, • //•-.•,• • •-..--;•••••:%-• .• ,.,•• •,- //// .5/ e. • 2-/.;..•'.,.•/.=•. (d'=,.c(-),-‘(••,<•-•<-./aZ%e-,)-(<< ,e. : AGENDA 10-17-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V C Ocoee COMMISSIONERS " CITY OF OCOEE RUSTY JOHNSON t, a- 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 SCOTT A.GLASS ��, ?c� (407)656 2322 JIM GLEASON yjF4 ` ,` OF G000 CITY MANAGER STAFF REPORT ELLIS SHAPIRO DATE: September 14, 1995 SRP-513 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, Director of Planning FROM: Abra Dow, Planner gfa- SUBJECT: Thompson/ Still Rezoning; 827 Marshall Farms Road CASE #: AR-94-09-09 ISSUE: Should the City Commission approve the above application to rezone a 2.14 acre parcel owned by Ms. Thompson and Mr. Still situated at 827 Marshall Farms Road from A-1, Citrus Rural District (Orange County), to C-3, General Commercial District (Ocoee)? BACKGROUND/ DISCUSSION: Ms. Thompson's and Mr. Still's rezoning request is being considered simultaneously with their annexation petition. The subject property is on the east side of Marshall Farms Road north of State Road 50. A small, vacant house is on the site and the surrounding properties are commercial and industrial. The future land use designation of the subject property is Commercial which permits a variety of commercial uses. Staff has determined that the rezoning request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) Joint Planning Area (JPA) Agreement with Orange County. More specifically, the request is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.10; (d) Policy 1.11; (e) Objective 2; and (e) Policy 2.4. The "Annexation Feasibility and Public Facilities Analysis" performed by staff, as part of the annexation review, indicated that the City can adequately provide urban services to the property. Additionally, the property is located within the JPA as well as the City's Water and Sewer Service Areas. PLANNING 8t ZONING COMMISSION RECOMMENDATION: At their meeting on September 12, 1995, the Planning 8t Zoning Commission found the proposed rezoning to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) the character of surrounding development and zoning patterns; and (4) the JPA Agreement. Accordingly, the Planning and Zoning Commission unanimously recommended that the ±2.14 acre parcel owned by Ms. Thompson and Mr. Still at 827 Marshall Farms Road be rezoned from A-1, Citrus Rural District (Orange County), to C-3, General Commercial District (Ocoee), by the City Commission. SRP- 513 - City Commission Staff Report Subject: Rezoning of the Thompson/ Still parcel located at 827 Marshall Farms Road September 14, 1995 Page 2 STAFF RECOMMENDATION: Staff respectfully recommends that the City Commission APPROVE the rezoning to C-3, General Commercial District requested by Ms. Thompson and Mr. Still in Case#AR-94-09-09 and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; and (3) the requirements of the JPA Agreement. Attachments: Location Map File: SRP-5 1 3.BCC Legal Description Thompson/ Still (AR-94-09-09) On the East Side of Marshall Farms.Road:North of State Road 50 (2.14 ACRES) EXHIBIT "A" LEGAL DESCRIPTION Begin at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, Orange County, Florida; run thence West along the North line of the Southwest 1/4 of the Southeast 1/4 of said Section 19, for a distance of 372 .35 feet, more or less to the Easterly right of way line of Marshall Farms Road (Ocoee-Bulah Hard Road) ; thence South 43° West along said right of way line 274 feet; thence East 559 . 14 feet, more or less to the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 19; thence North 0°33 ' East, 200 .47 feet to the Point of Beginning. Exhibit A Thompson/ Still (AR-94-09-09) On the East Side of Marshall Farms Road North of State Road 50 (2. 1 4 ACRES) 827 Marshall Farms Road, Ocoee, Florida / / i�// : :,-, . .:‘-S: �ANA me E..,, '//01 i, j•i%/:•✓././; /, !' t jam/ :maw_ iiner, , ! ma, ! ..4.P; .!;/,-.• ✓,' / •i . ;t..Z. � .,,, . , , //,/,;%:-..%7 / dL! !J i -✓- j j •// lR -3'///•j •,/ • '/ �j j• �' '' ` //////////, i%/ ' • �,. /; _f \. , // .7.3-4/:-,-/./•.4--..„,-.4"., fr, r� „•,.../.4„:ar r j�� %• ;;;;j//%%j //%; rill•. i�� -.2":/i;,%:::-::::h,'•, / :'./ /,/ • '% .;"7 : ORDINANCE NO. 95-24 CASE NO. AR-94-09-09: THOMPSON/ STILL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,CITRUS RURAL DISTRICT,TO OCOEE'S,C-3,GENERAL COMMERCIAL ZONING DISTRICT,ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.14 ACRES LOCATED ON THE EAST SIDE OF MARSHALL FARMS ROAD NORTH OF STATE ROAD 50; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 City Commission of the City of Ocoee, Florida, has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and 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 to rezone and establish an initial zoning classification for said real property of Ocoee, C-3, General Commercial Zoning District, (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning 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 affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the Joint Planning Area Agreement,the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "C-3, General Commercial Zoning District,", as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement; and WHEREAS, the Ocoee Gty Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; 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. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes. SECTION 2. The zoning classification,as defined in the Ocoee City Code, of the following described parcel of land containing approximately 2.14 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District," to "C-3, General Commercial Zoning District,": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement. SECTION 5. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial Zoning amendment 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED October 1, 1995 READ FIRST TIME September 19, 1995 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY SL LARDNER By: City Attorney • Thompson/ Sri1I (AR-94-09-09) On the East Side of Marshall Farms.Road:North of State Road .50 (2.14 ACRES) • EXHIBIT "A" LEGAL DESCRIPTION Begin at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, Orange County, Florida; run thence West along the North line of the Southwest 1/4 of the Southeast 1/4 of said Section 19, for a distance of 372.35 feet, more or less to the Easterly right of way line of Marshall Farms Road (Ocoee-Bulah Hard Road) ; thence South 43° West along said right of way line 274 feet; thence East 559.14 feet, more or less to the East line of the Southwest 1/4 of the Southeast 1/4 of said Section 19; thence North 0°33 ' East, 200 .47 feet to the Point of Beginning. Exhibit A Thompson/ Still (AR-94-09-09) On the East Side of Marshall Farms Road North of State Road 50 (2.14 ACRES) 827 Marshall Farms Road. Ocoee, Florida � • •i !•. !% / ; .��s•: �• / . , g'1 . 9 F✓ � i • Ic /t ��c • •. ......".....-.,...1„...,.• ...,4.„..,. . ...••. , ...,.. .e:; ;:,........,....-;:....-,...-/Ari.:. - . s• - aitimar - ., ......z,:-; ... ..,..4..:, .., , :ii..z. wan= .. . . • . : .e., , ,„./4, 1 .,. . .,, . M7NE=MIME I. 4... :k.1.7.ellir: ..*.7:0;0/2,- Iiim / ,e...:e " ;.1112011;7111 . •tr,"''lliT m— 1.1/ '4,1; ".7-.5.'„' ,-;Tee.4;• 4,'%:'. .? ,2• *-7>...-:ripis:Yr;•:151;: **'',•'-'.,y• ;:::...-$•.:,-, • ,„ •.fik., .,././.// .. . •.,- .4':•e4......;;,,,,,e2:00!! iitig.4.4:;>• \IMMO/dl3f..;.; :•-•••;:•;::AZ:• .4 jam.%�% .'i�7y�%•�'/��:�/•./,/% , '//�,�/ \•� N::y- • // f•:.•/ .... . • /;,,te../e•ty:e;;;.. .. .. '//,./::/4.415 4'... , 'all*iifi 41;›, •'..''et ,...'" /./..://72i '..: :,, tf/A,..-../' •... .... . ,, '4/, 4., "Zt. .,' : • ..• ._ •lk cl. "/-*/• j' V?.: 4P4 • y�.,'',4 �A;`/// •r%'t .11114T '. "/i!..Vis; .!.'. f %./'•:::. V//4;.47 /,/, :///yfr• . 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I Legend: Case Number:AR-94-09-09 p.m......, I ►•i•i i•i•i i Subject co�cy Orange Outside of 0 j Property Limits County WA North Exhibit B AGENDA 9-19-95 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 5 &/71,Ocoee AGENDA 10-17-95 Item V E '`1CITY OF OCOEE d YAUL w.rU1tK v , O 150E FLORIDA DRIVE OCOEE FLORIDA 34761-2258 SCOTT A.GLASS C'4 \ V ?v (407)656-2322 JIM GLEASON OF G 00 • v CITY MANAGER STAFF REPORT ELLIS SHAPIRO DATE: September 14, 1995 SRP-512 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, Director of Planning FROM: Abra Dow, Planner SUBJECT: Jernigan Rezoning; 11715 West Colonial Drive (State Road 50) CASE #: AR-95-06-02 ISSUE: Should the City Commission approve of the above application to rezone a 4.438 acre parcel owned by Mrs. Jernigan situated at 11715 West Colonial Drive from A-1, Citrus Rural District (Orange County), to C-3, General Commercial District (Ocoee)? BACKGROUND/ DISCUSSION: Mrs. Jemigan's rezoning request is being considered simultaneously with her annexation petition. The subject property is on the north side of West Colonial Drive (State Road 50) just west of the Florida Turnpike. A single family home and detached garage are on the site and the surrounding properties are commercial. The future land use designation of the subject property is Commercial which permits a variety of commercial uses. Staff has determined that the rezoning request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) Joint Planning Area ()PA) Agreement with Orange County. More specifically, the request is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.10; (d) Policy 1.11; (e) Objective 2; and (e) Policy 2.4. The "Annexation Feasibility 81 Public Facilities Analysis" performed by staff, as part of the annexation review, indicated that the City can adequately provide urban services to the property. Additionally, the property is located within the JPA as well as the City's Water and Sewer Service Areas. PLANNING 8t ZONING COMMISSION RECOMMENDATION: At their meeting on September 12, 1995, the Planning a Zoning Commission found the proposed rezoning to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) the character of surrounding development and zoning patterns; and (4) the JPA Agreement. Accordingly, the Planning and Zoning Commission unanimously recommended that the ±4.438 acre parcel owned by Mrs. Jernigan at 11715 West Colonial Drive be rezoned from A-1, Citrus Rural District (Orange County), to C-3, General Commercial District (Ocoee) by the City Commission. SRP-512 - City Commission Staff Report Subject: Rezoning of the Jernigan parcel at 11715 West Colonial Drive September 14, 1995 Page 2 STAFF RECOMMENDATION: Staff respectfully recommends that the City Commission APPROVE the rezoning to C-3, General Commercial District requested by Mrs. Jernigan in Case#AR-95-06-02 and find that the application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; and (3) the requirements of the JPA Agreement. Attachments: Location Map File: SRP-5 1 2.BCC Legal Description Jernigan Residence (AR-95-06-02) On the North Side of State Road 50 West of the Turnpike (4.438 ACRES) PARCEL I: The Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 10, Township 22 South, Range 28 East, Orange County, Florida; LESS AND EXCEPT: The South 30 feet thereof and those portions conveyed to Florida State Turnpike Authority by Warranty Deed dated April 19, 1963, recorded April 25, 1963 in O.Y. Book 1191, Page 733, and Warranty Deed dated July 22, 1963, recorded July 24, 1963 in O.Y. Book 1225, Page 599; ALSO LESS AND EXCEPT: Begin at the intersection of the North right-of-ray line.of Tildenville-Minorville Hard Road with the West line of the following tract; Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 19, Township 22 South, Range 28 Bast; run thence East 105 feet; thence North 400 feet; thence West 105 feet; thence South 400 feet to the Point of Beginning. PARCEL II: Begin at the intersection of the North right-of-way line of Tildenville-Minorville Hard Road with the West line of the following tract; Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida; run thence East 105 feet; thence North 400 feet; thence West 105 feet; thence South 400 feet to the Point of Beginning; LESS AND EXCEPT: That portion conveyed to Florida Stats Turnpike Authority by Warranty Dead dated April 19, 1963, recorded April 25, 1963 in 0.Y. Book 1191, Page 733, Orange County, Florida. SAID LAND IS ALSO DESCRIBED AS FOLLOWS: Commence at the intersection of the centerline of Tildenville-Minorville Road (State Road 50) vith the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 22 South, Range 28 East, Orange County, Florida; thence run North 00.34'22' West, along said West line, for a distance of 97.86 feet to the North right-of-way line of Parcel 11.5-34 of the Florida State Turnpike Authority as described in O.Y. Book 1225, Page 599 of the Public Records of Orange County, Florida and the Point of Beginning; thence continue North 00.34'28" West, along the aforementioned West line for a distance of 570.69 feet; thence run North 62.58'56" East along the North line of said Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 19, for a distance of 485.24 feet to the right-of-ray of the aforementioned Florida State Turnpike Authority Land, Parcel 11.5-32; thence run, along said right-of-way and a curve concave Southeasterly having a radius of 347.00 feet, on a chord bearing of South 27'22'32" West through a central angle of 55.00'32", for an arc length of 333.15 feet; thence run South 00.07'45" East, along said right-of-way, for a distance of 100.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 147.00 feet; thence run Southwesterly, along the arc of said curve, through a central angle of 62.16'43", for an arc length of 159.78 feet; thence run South 27.51'02" East, along said right-of-way, for a distance of 23.00 feet to a point on a curve concave Northwesterly having a radius of 170.00 feet; thence run Southwesterly, along the arc of said curve and said right-of-way, on a chord bearing of South 68.58'52" West, through a central angle of 13.39'50", for an arc length of 40.54 feet to a point of compound curvature of a curve concave Northwesterly having a radius of 894.93 feet; thence run Southwesterly, along the arc of said curve and said right-of-way and right-of-way Parcel 11.5-34, through a central angle of 9.00'01", for an arc length of 140.58 feet to the point of compound curvature of a curve concave Northerly having a radius of 1849.86 feet; thence run Westerly, along the arc of said curve and right-of-way Parcel 11.5-34, through a central angle of 2.44'54", for an arc length of 88.74 feet to the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 19 and the Point of Beginning. Exhibit A , Jernigan Residence (AR-95-06-02) On the North Side of State Road 50 West of the Turnpike (4.438 ACRES) I 1715 West Colonial Drive, Ocoee, Florida ('o<lxrX<:c'<c<<''.\\'\<,<<<(<'<‘/'•‹\<..c,\Y\s-,)xz<.<w<•‘\A.<e)?', (‹<.-.-<\(\\<,;C,' A•,AA•,/•/'//'>//,-'-%.:;.c6.AA.''A•,/'.,'./7-,A.T''2.•,,7.//'///,",,/!:/7//;1t•,,,.•if r/5,7/-.•'4/•.M...;2,.' •„./-•.•-•./'..-4•,/•,"'/•-7V,-,//.r',,. /,i,/,-.,—/',•,.„/•/,•.P,,.//.•W•,,„•.2.‘o•,/,:/ ,..-,/.'„t,.E.„',,//,V”,,.•/g'/;,.••>,•,,,,,-/r'/I / 7,2 .Z/ V / 7 X / R.•,,'.i:,-',/,:'.•,•.•'3/',,.•'.,/../,•f'///;V•-',•,/••.7,,.•'•,.•,•//.•,./;2-,••/••.v.•,.4.•/m.7--%,,/4,•„/-,/,5,/://///-,//'f„..j•//x,.,v7/',', V.,.1;.•''./.;,,-,;',•,/;/7.z,.,•/A;•,:/',i,7 / < */'/ 7 3/ / / '/ , 1t t, << < ' %( % / .',_„..•' /",,:.•;,k.,..' /,/..,.:/.•/,:.:'•,.7Z'.” ,;//•4 < < /,, , ,4 7V /.,,.,•../ //< 7 , •'..' /."•„• • • _,, . ..;,.. . . y.., , . ,..,,,,,• , , ,/.. „.„//, , • ,„, )1/4/\4'\ 'C \ -..‘ 1/4 ',//-Yg /• ' ' / /C-••77/./ '1- '.. •',/., .7 /__ /2/, -///r/./,.,; ,/ • -' Ft-r-xk/•••-/C_ 4,/ / ./../'• VA , "" -;-.-- '' 1 < * 112 •/.„;; „'7„,-.•i-.,/,,•„:,,,•,„.-,.„/„•, ., < / , : v . ...// ,„,.,3,•;,,,.%,. ,,„..,:.„.,•'.',,.'..•',•,"„„ //...„,?•?..,';,„”.r .„,/•;A,i. •mL 2r : . 4, , , . , , - • ,;..,*,, ' ' ,/ ,./\A; „17/,/.,••/ • :/ w -: ,/ ,...-/' , ' 1111.1 ”. •. %,',' ' \,^ /c ' : ,72 ','•,' " / //, - , 4,4"' ' .,, ti,,/ Ilimmi ' \c. <( < ///,, • / •'/7 ,v/ /,''/." i i,k; ./r / , / /'.,. '/' // '', ,///: ' ' - • 6 // • // * 4' C4> ' C:- /<fr << < 1 //0 ,/ a r \ /( / < / , •/////,/;, fo, ! \<< l • /-,--,.-/ /=: ,/ •,. ..• „. 2 '/•/4/,':','";/ - / < //7 / //' \< \ ''/ s• < X I ‹ ,// '4,'; '• ' ' ' -,.; ,, gig • ,,,,,/• y < /•,./•,,— / ,/ ._, -• •• i • / / //• •••/ 2•;z // / \ `i ' %.',/',7 7-//, / t.CRICTEIRNPn'////v/,/;"-- '/,-7 ,'/, ,, • - •' ( / /,s ,<" ,e ,— ' /•• • / 2/• • ,,. • -\ \ , < 4 , \ ' s .' •• / ,;;- x <,‹ , ,,,,y(' I i' ;•, y%7,,, \y.,. .‹,,,x;,,,, \ /S..4P;•,//' /4/-4, :;',,4,-,/,/i',.. • // :,r/, 7-1//,,' ''/-/'/• Legend: . - Case Number: AR-95-06-02 -•-•-•-s- •-•• sii....... '••••••••••••4 ///".-/ -,///, 1.••••••• 4.4.41.41641.11.41 Subject Ocoee City Orange Outside of Property Limits County JPA North Exhibit B ORDINANCE NO. 95-26 CASE NO. AR-95-06-02: JERNIGAN RESIDENCE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1,CITRUS RURAL DISTRICT,TO C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.438 ACRES LOCATED ON THE NORTH SIDE OF STATE ROAD 50 WEST OF THE TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN 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 City Commission of the City of Ocoee, Florida, has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and 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 to rezone and establish an initial zoning classification for said real property of Ocoee, C-3, General Commercial District, (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning 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 affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the Joint Planning Area Agreement,the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "C-3, General Commercial District,", as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; and WHEREAS, the Ocoee Gty Commission has determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement; 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. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes. SECTION 2. The zoning classification,as defined in the Ocoee Gty Code, of the following described parcel of land containing approximately 4.438 acres located within the corporate limits of the Gty of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District," to "C-3, General Commercial District,": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan and the Joint Planning Area Agreement. SECTION 5. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial Zoning amendment 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, Gty Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED October 1, 1995 READ FIRST TIME September 19, 1995 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY 8t LARDNER By: City Attorney Jernigan Residence (AR-95-06-02) On the North Side of State Road 50 West of the Turnpike (4.438 ACRES) l2R= 2: The Southwest 1/4 of tea Southeast 1/4 of the Southwest 1/4 of Saatioa to, township 22 Sona. Rang. 2$ East. Orange County, Florida: rata ASO =ZIT: The South 30 feet thereof and those portions conveyed to Florida State Turnpike Authority by Warranty Deed dated April 2!, 1943, recorded April :5. 2.313 is 0.2. Rook 1291. Page 733, and warranty need dated Joly 22. 1943. recorded Jelly 24. 1143 in 0.2. Rook 2225. Page 599; ALSO Lias Aim ESCSPT: Begin at the intersection of the north right-of-way lin..of Tild•nvilla-Winnr*iva Ward Road with the West line of the following tract; Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4. Section 19, Township 22 South. Waage 2S last; ron thence Bast 103 tent; theme Worth 400 feat; thanes West LOS feet; thane, South 400 fest to the Point of Beginning. PARCEL 2=: Regia at the intarseatioa of the Porth right-of-say line of ?ildeaviue-*laorville nerd Road pith the West line of the following tract; Southwest 1/4 of the Southeast 2/4 of the Southwest 2/4 of Section 19, Township 22 South. Rang. 2S Rost, Orange County, Placid*: ram thence Wast 20S feet; thence Porth 400 feet; thence West 103 feet; thence South 400 fest to the Point of Beginning; LESS AID EXCEPT: That portion conveyed to Florida State Turnpike Authority by Warranty Dead dated April 1!, 1943, recorded April 25, 1943 in 0.2. Rook 1291, Page 733,. Orange County, Florida. SZm LAND IS ALSO DESCSSBID AS FOLLOWS: Commence at the intersection of the centerline of Tildenville-Ninorville Road (State Road SO) with the Wast line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 19, Township 22 South. Range 2a last. Orange County, Florida: thence run north 00•S4'2*00 West. along said West line, for a distance of 97.34 feat to the forth rigtt-et-aay line of Parcel 12.3-24 of the Florida Stats Turnpike Authority as described in 0.2. Rook 1225, Page 599 of the Funke Records of Orange County, Flom-da and the Point of Regi nin; thence oontiana North 00.34'2$• est. along the afore antioned West Lisa for a distance of 570.49 fait: thence run north $$•5*'S4" East along the Worth line of said Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of SeaLion L9, for a distance of 415.24 feet to the right-of-say of the aforementioned Florida Stats Turnpike Authority Land. Parcel 11.3-32; thane ran. along said right-of-say and a cors, concave Southeasterly having a radius of 347.00 faet, on a chord bearing of South 27.22'22" West through a central angle of SS•c0'32", for an arc Length of 333.15 fast; thence ran South 20.07'4S" last, along said right-of-vay, for a distance of 100.00 feet to the point of curvature of a carve concave Northwesterly having a radius of 147.00 feet; thence run Southwesterly, along the aro of said curse. through a central angle of 42.14'43", for an arc length of 159.7$ feet; two-". run South 27.91'02" East. along said right-of-way, for a distance of 23.40 feat to a point on a curve concave lorthwesterly having a radius of 170.00 feat; thence run southwesterly, along the arc of said curve and said right-ef-way, on a chord bearing of South 41.51'52" West, through a central angle of 13.39'S0", for an aro Length of 40.34 feet to a point of compound curvature of a carve concave northeasterly having a radius of 894.93 feat; thence run Southwesterly, along the arc of said carve and saidright-of-way andright-of-way Parcel 11.5-34, through a central angle of 9.10'01", for an arc length of 240.58 feet to the point of coapound curvature of a curve concave Northerly having a radios of 1349.34 feet; thence run Westerly, along the arc of said curve and right-of-vay Parcel 12.5-34, through a Central angle of 2.44'54", for an arc length of 83.74 tees to the West line of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 19 and the point of 3eginniag. Exhibit A Jernigan Residence (AR-9.5-06-02) On the North Side of State Road 50 West of the Turnpike (4.438 ACRES) i I 71S West Colonial Drive, Ocoee, Florida ---... - - ..-,,,,, • '. '. :: • •••1V.4<4••.!4•:?4 -../; /, ..., „. .,.,.. //"/K.' -'1,.'•''°••'''6'' • r'• • • • ' .,......t”, z•,•„e- s/ w/,•:%t•'-' '/7/ ••-•!.09%;;Y " .X‹..,‘ :c \,• ‘,, • •••AW7-7/'••• .•.i- :I/ •",/1:•••,.., '...e'•• ,,/ ... ••. ,••, .;•••:.;:- . . ,<:\ .e-.• -e ;".7%!,,7/••••• ..• ../c,;.4 --•;*--..,.ii.=-. -'-'• •'.A•::::,?..1:,:•/,.';'• '*?t• %,i i." • t-7/%3?V' ••• ''. • • • . ......• ;'); /,-- e,l'<,: •:...i.;.%:,(:::..../7471,-....•..........•,../ :,::::.,:. ,'"-..ij.„;:•;%„?.../,/..1,.,...'...../': I1;:•. .z..../,.:...''.' . ' ..< <••\„..cK. ' •;<,( .< ./• ,. ...•. .. , . . ,.. , / /,..-v,s -///.. , • . < (;e'!< • .x 7c4:.3/ 7..• / ' - ..);,-.-,..,.,•:::/.0/;!:z. .. .,:r.-/•:/•-:.4. t • • . /A.: ,.... ,,e- • , 7.,..y.:,-,..,-,ry.;...••••;•. .,.-, /.,•,/,.,e(. <(K :< , ` s, //',.--,e)/, ,.. ,-,/,, - 7.„ ••••/„...s://i,,1;,„,-7 • - / /../// • „, .,-;,. ..,/, ..,,,, % . ••• '•,- /.;4•,'.,...._•.X./::-.:49• .....•. . / 1,4",400 ./.4, -z„." /..or•-„,-• . • „4 ...,,, __,./..e...,,. ..7,, „.... , ..../„., ,,4*.v-•<'.. ../--•3'••..=c4-• PROPEEITIr.:::.-ii/ ./. ;/.17. 44- • '4<\Y' <. • . y..e ../.";?%.e :•"; "•.:•-•.--'''' 7 / /.".". .. ., .. .,....e,-0,./. •..... .: , ... •.i 7,,,/• /.• ./... - .;, -.,.:;y •?< ..- ' ....- .‘ ,-. •• .• ,.. .„„,,,,,. ......, , . . , .„.„...... ) . , _ •..,4 „. ,/,,,,,,,„:.- . )-•••••••ii•-••r-xx:/.;e1f....././*... .,/- .1...' ..,;;;; . •:••• /•-:•—• "-- /7 ' 14/.,.. 1 e ":'.•:. • - :. / • •7: " '.., . -,,,,,;,,•• :,4 -mismw ... . .4 .,'": - ...• • ..;.. -e .47 -2 , *,,_ ,. - . ., „..,v, ;.• • „,.,.....:......... ,. e ...: iK,, ,‹. /<,. .< ./,/..: ,; ;.. K Y Y /\A • •_. . "•-" ; *'' " ..ce.....!," ..*••:/.."..,://///./*. : • •:...:— ..,....,•,,),/," <)(5<-C . < •-' .!'•-1.0;• • :4: 1 r.. './:*() 1.--• • ' /; °immom1.M Imim' • NS v < s ...7 •..-;0. / • -,/, x-,e, 'N,‹ ' \<< 7/7::••/' •- . •,/, . "*X-• ,./i ''.% -i*: --.. , .-6;.;-.7.//:".' ..1/4 • 6 :,/C;.43;11,' 1 .1 ,./...•. .. . # '/ ..7 , /4,101 1 / /;. / /4 a;</;'. /."/. . < • . / . :( x' • e- '. •< X '< .e<'<• '<. j- /". ,.. •,W.->;4.- .•,.• r . /./.4.:-.• •)/P.•; ' .> . // :447'. -'• /-A%4 • /..*"../"..;/. e-.4..•• ...;• ..... .. . '';'.;..4*/•• .%,:•.;;;;t::.-./, •</e‹ :‹ ,,,cy . . , , „ :,,, •,, s,e , „ . . ., , , ,, • .,•. ,;..,...;..,„,,.., •,..,, ,/--,..--/............„,,..,,,,,, ,. ....„,,x,,,... (,<,e< <,.( ,\/< -, .//, : 7,•••,,. /,/ /,.,/.;c:.;:iia,e..,1-exkip,..,,&_,/, 4Ww•;,./•,,,y..//:,-, \e ‹...Cc .<.,'< 7'''''f'/ ' - .. ' .- • • •. 4,. ,/,,,I,.:i •-•.- • • /,. - A N .< < ' . •' C • X ;‹ < -C '<7\X •'.//.../*;(/:. 1 r.. /.:'..::/4.0:/'••• \<;cc‹. (y< s X ' a.!11,7'. .' ;,y.'///////,'•'''','''. 1 :C •z-*" ,..-3-,_'7,.-.-1,//://;.• ,-/..- < ,. , ,, ;< :( •, 0 - /.;-/,/;: •-. Lnend: • . - Case Number:AR-95-06-02 ,.......! .. ***V.V. • ' .':,..-;:///. •••••.. Subject Ocoee Cry Orange Outside of Properr./ Limits Counry JPA North Exhibit B • AGENDA 9-19-95 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI B Ocoee Q .inrCOMMISSIONERS ' • # CITY OF OCOEE RUSTY JOHNSON J1 Q PAUL W.FOSTER V 150 N. LAKESHORE DRIVE SCOTT JIM LEASONS �, OCOEE,FLORIDA 34761-2258 �'!'�. (407)656-2322 CITMANAGER Of G000 ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: August 31, 1995 RE: WOFFORD ROAD/APOSTOLIC WORSHIP CENTER As you may recall, last year the Winter Garden Seventh-day Adventist Church came to the City and asked for a Special Exception for a day care center as well as an after the fact approval of their school. This approval predicated the sale of their building to the Apostolic Worship Center. As a result of staff review, it was determined that the City could not favorably look at the granting of a Special Exception use for a child care since during the rainy season, Wofford Road sometimes becomes impassable. When this item was brought to the City Commission, there was discussion evolving around the fact that the church would be willing to spend approximately $10,000 to improve the road from State Road 50 to the church entrance. At that time our City Engineer,Jim Shira, suggested that the$10,000 figure would be low, and could probably not be done for that amount. The City Commission agreed to allow the continued use of the school under the provision that between that time and May, the road would be improved to be passable. In late April we were contacted by the church and were told that in fact the $10,000 figure could not improve the road to the degree necessary to guarantee the ability for emergency service vehicles to get to the church during rainy seasons. At that time it was decided that in the interim, we could possibly receive an okay from the Auto Auction to get through their lot and out the gate almost directly across from the church in case of an emergency. The Auto Auction gave us the keys to this gate and we currently have that access as a last resort for emergency services. In discussion with the church it appeared that the only answer to this problem until such time as Wofford Road could be properly paved would be to receive a legal easement from the Auto Auction as well as an improvement of that easement from their parking lot to the Auto Auction gate on Wofford Road. The church agreed that if the City could get that easement they would expend whatever amount of the $10,000 was necessary to pave that easement with the remaining money of the $10,000 going towards continued maintenance of Wofford Road as a dirt road. Attached hereto is the Easement Agreement signed by the Auto Auction. If approved by the City Commission, the church will then give us the funds necessary to construct the easement across the Auto Auction parking lot area. We respectfully request that the City Commission approve this easement as a means to guarantee our ability to safely access the church property under emergency conditions in the future. Respectfully Submitted, ES4:fdg:52 Attachments THIS INSTRUMENT PREPARED BY ANO SHOULD BE RETURNED TO: David P. Barker, ESQUIRE FOLEY 8 LARDNER 111 N. Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, Florida 32802-2193 (407) 423-7656 FOR RECORDING PURPOSES ONLY NON-EXCLUSIVE TEMPORARY ACCESS, MAINTENANCE AND CONSTRUCTION EASEMENT AGREEMENT THIS NON-EXCLUSIVE TEMPORARY ACCESS, MAINTENANCE AND CONSTRUCTION EASEMENT AGREEMENT (the "Easement Agreement") is made and entered into this day of 1995, byand between FLORIDA AUTO AUCTION OF ORLANDO, INC. , a De Delaware corporation, whose address is 11801 West Colonial Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor") and the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantee") . Ti I T N E S E T H: WHEREAS, Grantor is the owner of that certain real property located in Orange County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Easement Property") ; and WHEREAS, Grantee has requested, and Grantor has agreed to grant and convey to Grantee, a non-exclusive temporary access easement over, upon and across the Easement Property for the specific and limited purposes hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct, form a material part of this Easement Agreement and are incorporated herein by reference. Section 2 . Grant of Access Easement. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non-exclusive temporary access and maintenance easement (the "Access Easement") with full right and egress over, upon and across the Easement Property solely for use by fire, rescue, police, ambulance and other emergency vehicles to provide emergency services to property located on and adjacent to Wofford Road between State Road 50 and Story Road, and for maintenance activities reasonably related thereto, subject to the terms, conditions and limitations set forth herein. Section 3. Improvement of Easement Property. The parties acknowledge that currently a portion of the Easement Property contains an improved paved surface (the "Improved Portion") utilized as an access road and parking lot in connection with the operation of Grantor's business on the Easement Property and adjacent property owned by Grantor (the "Grantor's Property") and the remainder portion of the Easement Property is not paved and improved (the "Unimproved Portion") . So long as Grantee complies with its obligations under this Easement Agreement, the Grantee, at Grantee's sole cost and expense, shall have the right but not the obligation to design, construct, install and maintain an improved paved driving surface across the Unimproved Portion from the termination of the Improved Portion to the intersection of the Easement Property with Wofford Road. At least thirty (30) days, or such lesser time as may be agreed to by Grantor, prior to any construction or installation, Grantee shall provide Grantor with plans of the proposed construction, installation and improvements for review by Grantor. If Grantor determines, in its reasonable discretion, that the proposed construction, installation or improvements will adversely affect the operation of Grantor's business, Grantor may reject said plans. Grantee shall not construct or install any improvements until receipt of Grantor's written approval of said plans. Grantee shall provide Grantor with at least three (3) days prior written notice of any repair, replacement, maintenance, inspection or construction activities to be performed on the Easement Property. All such activities will be performed on dates and during daytime hours approved in writing in advance by Grantor, in Grantor's discretion, and in such a manner as to not impair or interfere with the conducting of Grantor's business on Grantor's Property or the Easement Property. Upon construction or installation of the improvements, Grantee shall install a gate at the intersection of Wofford Road and the Easement Property, which shall be locked at all times, except when utilized by the Grantee or Grantor for emergency access. Further, Grantee shall survey and stake or mark the boundaries of the Easement Property immediately upon construction or installation of the improvements. Grantee shall provide and maintain Grantor with a duplicate set of keys for the locked gate. No curbs, swales, ditches, pipes, fences, gates, walls, pylons, barriers, obstructions or improvements that in any way interfere with the presence or operation of vehicles in and adjacent to the Easement Property may be constructed by Grantee without Grantor's prior written approval . All improvements in and adjacent to the Easement Property shall immediately upon construction or installation become the property of Grantor. - 2 - Section 4. Use of Easement Property. Except for the two gates in the Easement Property and except for vehicles traversing along, across or through the Easement Property, Grantor, its successors and assigns, at all times, shall keep the above-ground portion of the Easement Property free from all obstacles, obstructions and storage of vehicles that would preclude Grantee's use of the Easement Property for emergency access. Further, except for the two gates in the Easement Property, Grantor, its successors and assigns, agree not to build, construct or create it others to build, construct orcreate any buildings nor or pother structures above-ground on the Easement Property that would interfere with the operation or maintenance of the Access Easement. Section 5. Maintenance of Easement Property. Except as otherwise provided in this Easement Agreement, Grantor, its successors and assigns, shall maintain at all times, at Grantor's sole cost and expense, the Improved Portion in such a manner as to allow Grantee's use of the Easement Property for emergency access. Grantor, its successors and assigns upon completion of construction of the improved paved right-of-way as provided herein, shall maintain until termination hereof, at Grantor's sole cost and expense, the Unimproved Portion. However, Grantor shall have no obligation to maintain, repair or replace the improvements or Easement Property to the extent that the design, construction or installation of the improvements by the Grantee cause or allow damage to the Easement Property, Grantor's Property, improvements or personalty. Grantee shall correct, repair, replace, or pay for, at Grantor's option, said damage. Further, Grantor shall have no obligation to maintain the gate along Wofford Road nor any improvements damaged by Grantee's use of the Easement Property or by exercise of Grantee's rights under this Agreement. Grantee shall correct, replace, repair, or pay for, at Grantor's option, any and all damage to the Easement Property, Grantor's Property, improvements and personalty, which damage is caused by Grantee or by activities, or lack thereof, related to Grantee's exercise of its rights under this Easement Agreement. The mere fact that Grantee may exercise its rights under this Easement Agreement shall not alone constitute damage under this Easement Agreement. Section 6. Grant of Temporary Construction Easement. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non- exclusive temporary construction easement (the "Temporary Construc- tion Easement") over, upon and across the Easement Property and 20. 0 feet on each side of the Easement Property for the purpose of Grantee, through itself, its agents, contractors, consultants and employees, performing such activities necessary in the design, construction, improvement and paving of the Unimproved Portion; provided, however, that (a) Grantee shall provide Grantor at least five (5) days written notice prior to its exercise of any rights under the Temporary Construction Easement; (b) Grantor shall have the right to designate the dates and times for such activities; - 3 - (c) the rights and privileges of Grantee under the Temporary Construction Easement shall terminate upon completion of the paving and improvement of the Unimproved Portion or twenty-four (24) months after the date of this Easement Agreement, whichever first occurs, and Grantee shall execute an instrument in recordable form acknowledging such termination; (d) Grantee shall replace, repair, or pay for, at Grantor's option, any and all damage to the Grantor's Property, Easement Property, improvements, and person- alty, caused by Grantee or by activities, or lack thereof,, ralata3 to Grantee's exercise of its rights under this Easement Agreement; (e) Grantee's design, construction, installation, paving and improvements shall be consistent and compatible with improvements to and use of Grantor's Property and the Easement Property, in Grantor's reasonable discretion; and (f) Grantee's design, construction, installation, paving and improvements shall ensure that no stormwater or other drainage from and adjacent to Wofford Road enters or will enter either the Easement Property or Grantor's Property to any extent or degree greater than exists on the date of this Easement Agreement. The Access Easement and the Temporary Construction Easement are sometimes hereinafter collectively referred to as the "Easements" . Grantee shall complete the construction, improvement and paving of the Unimproved Portion and restore the Temporary Construction Easement area (except for the construction, improvement and paving) to its pre-construction condition, all within a ten (10) day period. Section 7 . Relocation of Easements. Grantor shall have the right to relocate the Easements and Easement Property, at Grantor's sole cost and expense, provided that the new location of the Easements and Easement Property do not prohibit Grantee from accessing Wofford Road at the location the Easement Property now intersects Wofford Road. The new location of the Easements and Easement Property shall not be unreasonably circuitous and shall be of such configuration as to be able to accommodate the same type and size emergency vehicles as the Easement Property referenced in Exhibit "A" of this Easement Agreement can accommodate, all in the reasonable determination of the Grantor. In the event Grantor desires to relocate the Easements and Easement Property, Grantor shall provide to Grantee written notice of such intention, which shall include the date of such anticipated relocation, detailed plans and specifications and a sketch and legal description of the proposed revised Easement Property. Grantee shall review and advise Grantor within seven (7) days after notice to Grantee whether such relocation is sufficient to provide access for Grantee's fire, rescue, police, ambulance and other emergency vehicles to Wofford Road and the minimum modifications necessary to provide such access. If, at the time of Grantor's relocation of the Easements and Easement Property, Grantee has not constructed improved paved right-of-way over the Unimproved Portion, Grantee - 4 - may improve any unimproved portion of the revised Easement Property and shall pay the cost of such improvement. If, at the time of Grantor's relocation of the Easements and Easement Property, Grantee has constructed the improved paved right-of-way, Grantor shall construct and pay for such relocated improvements. Any and all construction activities shall be carried out so as to provide, at all times, no impairment or interference with Grantor's business operations and access to Grantee over the Easement Property. Upon ccmp1et: „n of such construction activities, the parties hereto shall execute and record an amendment to this Easement Agreement revising the legal description of the Easement Property. Section 8. Title to Easement Property. Grantor hereby warrants to Grantee that Grantor has unencumbered fee title to the Easement Property, subject to easements, reservations and restrictions of record, if any, and that Grantor has full power and authority to grant the Access Easement and the Temporary Construction Easement. Section 9. Non-Exclusivity. The Easements are non-exclusive, and Grantor reserves to itself, its successors and assigns, all rights not expressly granted in this Easement Agreement, including without limitation, the right to sell, lease, mortgage, encumber, ingress, egress, use, and pass and repass over, under, through and upon the Easement Property. Each party shall use the rights granted and reserved by this Easement Agreement with due regard to the rights of the other party to use and enjoy the Easement Property. Section 10. Termination of Access Easement. It is contemplated by the Grantor and the Grantee that the Easements wili no longer be necessary at such time as an improved parking or driveway area or right-of-way suitable for emergency vehicles is constructed on Wofford Road from the location where the Easement Property intersects Wofford Road to either State Road 50 or Story Road. Accordingly, this Easement Agreement and the Easements granted herein shall terminate in the event of the subsequent improvement of the portion of Wofford Road as described above and in such event the Grantee shall execute, in recordable form, a Notice of Termination. In the event Grantee fails to execute and deliver to Grantor such Notice of Termination within thirty (30) days after request to Grantee to provide such document, Grantor may execute and record a Notice of Termination which shall terminate this Easement Agreement. In the event Grantee fails to comply with its obligations or the provisions under this Easement Agreement or Grantee is reckless, careless or abusive in exercising its rights under this Agreement, Grantor shall have the right to terminate this Easement Agreement by written notice to Grantee. - 5 - Section 11. Indemnification of Grantor and Insurance. To the extent permitted by law, the Grantee hereby indemnifies and holds harmless the Grantor from and against any and all claims, liens, actions, causes of action, loss, damage, injury, liability, cost or expense, including without limitation attorneys' fees (whether incurred before, during or after trial, or upon any appellate level) , arising from the Grantee's use of the Easement Property or from the exercise by the Grantee of any rights granted by this Easement Agreement. From the date of the commencement of this Easement Agreement, Grantee shall maintain public liability insurance covering the Easement Property for the protection of Grantor and Grantee as their interests may appear, with limits of not less than $1, 000, 000. 00 for death or injury to any one person, $2, 000, 000.00 for death or injury to more than one person and $500, 000. 00 for property damage. Grantee shall promptly, within 10 (ten) days after date hereof, provide Grantor with a certificate or certificates from the insurer evidencing that such insurance is in force, that Grantor and Grantee are covered by such policy or policies as their interests may appear, and that such policy or policies are noncancellable without 10 (ten) days advance notice to Grantor, and, in the event that Grantee fails to furnish said certificates to Grantor, this Easement Agreement shall be terminable at Grantor's option. Section 12 . Binding Affect. This Easement Agreement shall be binding upon and inure to the benefit of the parties specified herein, their respective legal representatives, heirs, successors and assigns, and the benefits and burdens hereof shall run with the Easement property. Section 13 . Amendment. This Easement Agreement may be modified or amended only upon the mutual written consent of Grantee and Grantor, or their respective legal representatives, heirs, successors and assigns. Section 14 . Indemnity From Liens. Grantee assumes full responsibility for, and, to the extent permitted by law, indemnifies and holds Grantor harmless from and against, the payment and satisfaction of any and all liens against the Easement Property. If any such lien attaches, or claim of lien is made against the Easement Property or other lands by reason of Grantee's actions, and shall not be released by payment, bond or otherwise, within thirty (30) days after notice thereof, Grantor shall have the right to terminate this Easement Agreement, or to pay or discharge the claim, and Grantee agrees to reimburse Grantor for such payment promptly upon demand. - 6 - Section 15. Condemnation. In the event that a portion or all of the Easement Property or Easements is acquired by or for an entity possessing eminent domain power, by the exercise of such power or under threat of condem- nation, whether such acquisition is by gift, contract, lawsuit or otherwise, the Grantor shall be entitled to and shall receive all damages, compensation, awards and benefits in any way relating to the Easements, Easement Property and project for which the acquisition occurs, and the Grantee shall have no right to any such damage, compensation, award or benefit regardless of whether this Easement Agreement continues or terminates. This Easement Agreement shall terminate upon acquisition by or for an entity with eminent domain power of all of the Easement Property or Easements or so much of the Easement Property or Easements as will not allow Grantee to access Wofford Road from that portion of the Easement Property remaining after the acquisition. The Easements under this Easement Agreement were not acquired by Grantee's exercise of its eminent domain power, nor under threat thereof. However, if Grantee does acquire, by or under threat of condemnation, all or any portion of the Easement Property, or any portion of Grantor's Property for any of the purposes referred to in Section 2 of this Easement Agreement, this Easement Agreement shall terminate. Section 16. Impervious Surface. For the calculation of any impervious surface ratios and in determining whether Grantee's criteria relating to development of all or any portion of Grantor's Property is met, that portion of the Easement Property which is paved shall be treated as pervious. Section 17 . Drainage. Grantee shall be responsible, at its sole cost and expense, for ensuring that no stormwater or other drainage from and adjacent to Wofford Road enters either the Easement Property or Grantor's Property to any extent or degree greater than exists on the date of this Easement Agreement. Section 18 . Security. Except for the time actually used ingressing or egressing the Easement Property, Grantee at all times, shall keep the gate along Wofford Road secure and locked. Section 19 . Captions. The paragraph captions in this Easement Agreement are for convenience only and shall have no effect upon the terms and provisions of this Easement Agreement. Section 20. Assignment. Grantee shall have no right to assign this Easement Agreement without the prior written consent by Grantor. - 7 - IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed as of the day and year first above written. GRANTOR: Signed, sealed and delivered FLORIDA AUTO AUCTION OF ORLANDO, in the presence of: INC. , a Delaware corporation, By: Name: Name: Title: (CORPORATE SEAL) Name: STATE OF COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as of FLORIDA AUTO AUCTION OF ORLANDO, INC. , a Delaware corporation, and that he acknowledged executing the same on behalf of said corporation, freely and voluntarily, under authority duly vested in him by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation, and who [ ] is personally known to me, or [ ] produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of July, 1995. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): - 8 - IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. GRANTEE: Signed, sealed and delivered CITY OF OCOEE, in the presence of: a Florida municipal corporation, By: S. SCOTT VANDERGRIFT, Mayor Name: Attest: JEAN GRAFTON, City Clerk Name: FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 1995, THIS DAY OF , 1995. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney STATE OF COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality and who are both personally known to me. - 9 - WITNESS my hand and official seal in the County and State last aforesaid this day of July, 1995 . Signature of Notary Name of Notary (Typed, Printed or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): • - 10 - XiiiQi T ''A" EASEMENT PROPERTY LEGAL DESCRIPTION: Commence at the Southwest corner of Section 19, Township 22 South, Range 28 East, Orange County, Florida; thence North 00'09'55" East a distance of 732.69 feet along the West line of the Southwest 1/4 said Section 19; thence South 89'50'05" East a distance of 30.00 feet to the Point of Beginning; thence North 00'09'55" East a distance of 84.00 feet to the point of curvature of a curve being concave to the Northeast having a radius of 30.00 feet, a central angle of 90'21'06" and a chord bearing of South 45'00'38"•East; thence Southeasterly a distance of 47.31 ,feet along said curve to the point of tangency; thence North 89'58'09" 512.28 feet to the point of curvature ofeEast a distance of 109.00 feet. a central angle of 89'54'26" and raachord bearing of So thconcave Southwe 44'58'16- East; rthence of Southeasterly a distance of 171.04 feet along said curve and the face of a concrete curb and the Westerly extension thereof to the point of tangency; thence continue along said face of curb South s 0001'03" East a distance of 207.28 feet to the point of curvature of a curve being concave Northeasterly having a radius of 15.00 feet, a central angle of 90'16'22" and a chord bearing of 1 South 4509'14" East; thence Southeasterly along said curve and said face of curb and the Easterly extension thereof a distance of 23.6.3 feet to the point of tangency of said curve, and f point on a line being 377.01 feet North of and parallel with the North right—of—way line of State Road 50 being a 150.00 foot right—of—way; thence North 89'42'35 Eest a distance of 62.13 feet along said line to a point on a line being 42.00 feet Easterly of and paralledge of the asphalt entrance road to the Florida Auto Auction property; thencet h South 00'03the ! 43" West a distance of 377.01 feet along said line to the North right—of—way line of aforementioned State Road 50; thence South 89'42'35" West a distance of 42.00 feet along said North right—of— way line to the Westerly edge of said asphalt entrance road; thence North 00'03'43" East a distance of 309.64 feet along said Westerly edge to the point of intersection with a line being the Southeasterly extension of the face of a concrete curb; thence North 41'10'20" West a distance of 75.17 feet along said Southeasterly extension and the face of said curb to the point of curvature of a curve being concave Northeasterly having a radius of 39.00 feet, a central angle of 41'09'17" and a chord bearing of North 20'35'42" West; 28.01 feet along said face of curb and said curve to the point of tangency;e eteth a distancecontinof said face of curb North 00'01'03" West 207.29 feet to. the vature tof ence continue along concave Southwesterly, having a radius of 85.00 feet, a central angle of 90'00'48- ndva chord bearing •of North 45'01'27' West: thence Northwesterly a distance of 133.54 feet along: said face of curb and the Westerly extension thereof and said curve to the point of tangency of said curve; thence South 89'58'09" West 512.44 feet to the point of curvature of a curve being concave Southeasterly, having a radius of 30.00 feet, a central angle of 89'48'14" and a chord bearing of South 45'04'02" West; thence Southwesterly a distance of 47.02 feet along said curve to the point of tangency of said curve said point being the Point of Beginning. Containing 0.924 acres more or less. This is to certify that the legal description on this map was prepared under my direction on the =ate shown based on the information furnished to me as noted and conforms to the MINIMUM TECH— V1CAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA in accordance with CH. 61017-6, iorida Administrative Code. Legal Description Date: April 13, 1995 SW 44738007 or -1°44738007 Scale: e. ��� . tr , ,, ze City of Ocoee • A .4 . `�;;�� 407 ilii a■�.i:� CH. 61017-6, Florida Administrative SOUTHEASTERN SURVEYING & MAPPING CORP. Code requires that a legal description drawing bear the natation that 925 S. Semoran Blvd.,Sults 112 THIS IS NOTA SURVEY. nter Park, Florida 32792 407/678-8729 Revised: ROGER LONSWAY REGISTEREDlANO SURVEYOR Ne167 r. 'CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER Ocoee S.SCOTT VANDERCRIFr � j COMMISSIONERS _ CITY OF OCOEE RUSTY JOHNSON • J. aPAUL W. FOSTER iv O 150 N. L.AKESHORE DRIVESCOTT.�.GLASS �` VOCOEE.FLORIDA 34761-'=53JIM GLEASON 4. F4 0071 o5ci-2.322. Cm MANAGER Op Gap° ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager ,/� DATE: May 11, 1995 6 RE: STATUS OF WOFFORD ROAD - SPECIAL EXCEPTION/CHURCH Approximately 90 to 120 days ago we came to the City Commission with a Special Exception request from the Winter Garden Seventh-day Adventist Church to conduct a church school. As you may recall, upon discussion by the City Commission it was determined that the horrible condition of Wofford Road made it almost impossible for our emergency service vehicles to provide care to the church in case of fire or medical emergency. Due to the inability to get to the church by the emergency service access we advised the City Commission that a large liability would occur if a special exception was granted under these conditions. The church and the City Commission basically determined that if the roadway was improved by doing some drainage work to Wofford Road and replacing the road material, thereby making the road passable during wet conditions by May 1, the special exception could be granted. At that time there was a significant difference of opinion as to what the cost would be to do this work. The church engineer estimated the cost at approximately S11,000, while the City Engineer cautioned that the price could be as high as twice that amount. About 6 weeks ago we heard from the Winter Garden Seventh-day Adventist Church that they had in fact sold the church to the Apostolic Worship Center, and that during cost investigation of the road improvements by the church, it was determined that in fact the $ 10,000 set aside for the project would not be accomplish the roadway improvements discussed earlier this year. . After being advised of this, we attempted to figure out if there was any other way we could get emergency vehicles to this church on an improved substance if the rains came and created further degradation of Wofford Road. It was decided that it would be possible for an emergency vehicle easement to be received from the Auto Auction that would give us a method of bringing emergency service vehicles through the public parking lot of the Auto Auction on an improved paved surface to a gate directly across Wofford Road from the church for an estimated cost of under $ 10,000. 4j We have done the necessary surveying for this project and established a cost at $8,000- $9,000 to pave this area and make the safe connection to the church. The Auto Auction has agreed and the Fire Chief has no problem with this easement. (See attached memo from Jim Shin.) Also, for your review is a letter from Frank Thompson, Pastor of the Apostolic Worship Center, agreeing to improving the easement through the Auto Auction with the stipulation that any additional money not spent on this improvement would be used to purchase material to make grading improvements to Wofford Road. Prior to expending any City funds such as legal expense for this easement, I respectfully request the City Commission's input as to whether they will agree to this method of solving emergency service to the church. Staff can recommend this option if you agree. Respectfully Submitted, ES3:fdg: 140 Attachments cc: Jim Shira, City Engineer Don Flippen, Building Official MEMORANDUM DATE: April 20, 1995 TO: Ellis Shapiro, City Manager FROM: James W. Shira, P.E. City Engineer/Utilitie i tor SUBJECT: Florida Auto Auction - Access Easement to Wofford Road I have received the completed survey depicting the route of this proposed easement. There will be approximately 130 feet of this easement to be paved. This paving will cost approximately $8,000.00 to $9,000.00. This assumes that there is no cost for the property to be obtained from the auto auction. Please advise if these is any further action I need to take at this time. JWS/jbw .2-AlY' r(141-1 rj, TO: E_LLIS SHAPERO CITY MANAGER, OCOEE FLORIDA FROM: FRANK E. THOMPSON PASTOR, APOSTOLIC WORSHIP CENTER 940 WOFFORD ROAD. OCOEE, FLORIDA SUBJECT. SPECIAL EXCEPTION DATE: MAY 10,1995 This letter is in response to our meeting on Thursday regarding the special exception for our property use. The city along with the cooperation of the Florida Auto Auction has agreed to allow access to emergency vehicles through the Auction property. As it was stated in our meeting this access would require construction of a portion of the roadway on their property. It was further stated the possible cost to complete this job is S7,000 to 3,000 . It was also stated that the process (with final approval from the city commission) would take until July'95. We are happy with this decision and with the cooperation of the Auction in this matter. We would however, like to ensure the following: The total cost to complete this project shall not exceed S 10,000. The projected costs of S3000, shall be aggressively approached with at least 3 bids on work to be performed It shall be understood that all funds we have remaining at the conclusion of this project shall be used for the purchase of materials/labor to improve Wofford road and shall have the cooperation of the City of Ocoee with these improvements ie grading of materials etc We appreciate the efforts that have gone into making this project a success and know that the community will appreciate the benefits brought to it by this day care facility. CC:Church file Ron Priest Frank McMillan Esq. Steve Stone Esq. . . 1711 L.L. •L/ , -t• - LL / cC (CLLL //1 :;.r No. O !?-6 3 (���Q •:.si g-r-' S • C� CONRA __ _... OATS —l--=—l--� DISTRIEUTORS,IN ES.SHIP DATE '___!,.--! coavauar orme - ont Aaoo ' ATLAUDERDALE DAYTONA RCJ01 liyPA �.ORLAN r.a i.rJl f/sorvl .P041/1T4A !nol�no.r. tug 1.Mew a +r00 CCM w0 ab MAJR PtAle V V. D,rCr�ONA ii/CN eo�wn*.rrt.a�o °curry mum �1�. ,..�s1a.M..ra C.34123.1,054• 100417". :10� 1MITI C•03.1100 :.�0tw urr•w�! Nam swamis wows 9r ;III tM4OCI• a10 OwAj 1 1 C8 NAME . - Poe To Lic�- - CJc2s11 JP Cj -r . . ._ . —PRODUCT" •---- - .. — --• I ---.--- .. ._... QUOTED PRICE Ctv. I Descriatkin• - - • _ . .. Material. ' • Freight' "-•f 'Unit Total /96 -g Lr/14�5?a,.1E, .. .__ • _: ._ . .15 .`TO �Oi--/ -•orj C ) Goal Chute t---t //4 Per Hour Scecial ►rstr uctior t (.0 CO X 1 67 ..t ..-... 1< i4) . . Cucte Precared E. Authorized Re;.reser+tatives Signature Ptarft Tate Date l •- i Above yrices are quctAd frcrn ycur soecitications- This propcsai is subject to acceptance within 30 day`s and in accD dare 'vit.n cur terms and condit?ons fisted on the reverse side. - — I i . AGENDA 10-13-94 Ocoee 'CENTER OF GOOD GIVING- PRIDE OF WEST ORANGE' Item V a x.v 1 1 r ntvurrauvr I __ O411nr, tr4 -- CITY OF OCOEE COMMISSIONERS AP a xusrYJoHivsoN ... D 150 N.i AKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761-2258 VERN COMBS i'�yl '•,:. ,��� (407)65' JIM cLEASON Epof G000 CITY MANAGER ELLIS SHAPIRO v1EIORANDUM TO: Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: October 14, 1994 RE: Special Exception Application Winter Garden Seventh-Day Adventist Church Case No. 1-4SE-94 The above-referenced Special Exception was considered by the City Commission at a public hearing held on September 20. 1994. At that time, the City Commission continued the public hearing to October 18. 1994 so that the City staff could explore possible solutions for the improvement of Wofford Road so that it would be adequate to support the Church's existing school operation and an expanded school and day care operation. Attached hereto is a copy of the Staff Report from Russ Wagner dated September 15, 1994 and a memorandum from City Attorney Paul Rosenthal dated September 20, 1994 with respect to the above-referenced Special Exception. After investigating various options with respect to Wofford Road, we continue to be of the opinion that the Special Exception should not be approved unless an agreement is reached which would provide for Wofford Road to be improved as a stabilized road adequate to support fire truck access to the Church property. The primary concern is that there is an adequate emergency access to the Church property during the rainy season. Additionally, increased usage of Wofford Road would intensify the need for city maintenance of the road and result in an increased maintenance cost to the city taxpayers. Under these circumstances, approval of the Special Exception could expose the City to potential liability in the event fire trucks could not reach the Church property in an emergency situation. We met with representatives of the Florida Auto Auction in an attempt to find a solution. Suggestions included the possibility of an emergency access through the Florida Auto Auction which would reduce the area of Wofford Road which would need to be stabilized. We also explored the possibility of having the Auto Auction participate in funding improvements to Wofford Road. Attached hereto is a copy of correspondence dated October 13, 1994 from Attorney Kurt Ardaman in response to our proposal and a reply dated October 14, 1994 from City Attorney Rosenthal. We do not believe that the Auto Auction's response provides a basis for a near term solution. Additionally, we met with Church representatives in an attempt to find a solution. Our meeting did not yield a solution. We wiii continue to work with the Church and Florida Auto Auction in an attempt to find a solution to the improvement and maintenance issues on Wofford Road; however, at the present time, a solution does not appear to be at hand. In order to better protect Wofford Road and the ability of fire trucks to reach the Church property during normal Church operations, the City will continue its current maintenance program on Wofford Road and will pursue the temporary closing of a portion of Wofford Road in order to reduce the deterioration of the road. Limitations on the type of vehicular traffic on Wofford Road will also be pursued. In conclusion, the granting of the Special Exception would endanger the safety and welfare of the young children who would attend a school and/or day care facility at the Church property due to the potential that fire trucks would not be able to access the Church property on a yearround basis and therefore fails to meet the criteria established by Section 4- 8(B) of the Land Development Code. Accordingly, it is recommended that the City Commission deny the application of the Winter Garden Seventh-Day Adventist Church for a Special Exception. It is further recommended that this denial be without prejudice to the right of the Church to reapply for a Special Exception at such time as a plan is in place for Wofford Road to be improved as a stabilized road adequate to support fire truck access to the Church property. Enclosure "C!N rERZ CF CCOD LIVING- PRIDE CF WEST CRANGE' AGENDA 9-20-94 Ocoee ice= 0 Of �► `7 \Q �;y i _ CITY OF OCOEECOMMSSINERS ° RUSTY JOHNSON vISO N.!AXIS,HORS DRIVE PAUL W.PCS-MR OCOEE FLORIDA 34:61-=58 VEtRN COMBS (4U7)65!.73= JIM GLEASON F4) �A GOO `\•1 CrOAAIVACER ELUS SHAPiRO SRP-452 STAFF REPORT CATS. September 1 1994 TO : The Honorable Mayor and Board of City Commissioners FRCM: Russ Wagner, Director of Planning SL'BG. Special Exception Application Winter Garden Seventh-Day Adventist Church Case No . 1-4SE-94 -JJT3E . Should the Cncra.b1e Mavcr and 3card �. of City Commissioners%Rli«_SSiCnerS aDCrCve a Special Exc_ction for the Winter Garden Seventh-Day Adventist to ccerate a schcol and child care facility in an R-2 , On_e- Fami_y and ••wc-_ amily Zcni nc District? S cXGRCLND : Winter Garden_ Seventh-Day Adventism Church intends to continue cperat_nc an existinc private schccl and becin opera-_Or_ " a c is c n care center at its existing _ - c� . facility on we:��r� Road. -re Cccee ".and Devclocrnen_: Code only ermits such uses by Scecia_ 7 x n-=T n IY--- n - , R-3 , C-:, C- , �...-r =n= -"-I ran_ V districts . __s ^_act is Curre_ntl_j zoned R-_a-_, Single _ amil_r Dwelling :!we're=, __e accomcan v_nc rezoninc ^e-. - . ^n (Case Nc . R34-C7-22; act-roved, will der it - - co.___ er=_d _n a ma_�_er _ -_ this S_ec_=_ �:ccePt._cr_ to be co.s_sstent w'--- the Coma_=__ens_ve = e Winter Ga-=== Seventh-Day Adventist Church fac'_'t y was ' � � � annexed t e City ___ -974 . Due to the fact that the church was annexed w=t=cut the recuiremens of a Spec- al Excemcicn, it is nC -:ere as a .. rileduse . - _-'$ t-_ church ,, r:,z= _n _ 3 , �� becan cPer=tion of a ^r_vate school w-r' oh was _eve= ce=--tit:ed by a c '-- - xceot_cr =: c=__ed out "V t:e zoning --me . Cons`,---•=nt_'r t^e _ -, on _ - use mak '_ =C= _ _ - _ � -_� _itis�:_ � L'Se r. _- -_'r -: .- _'�:e chid can add_ ._Se w:-ch _e ca:_ -- --_enS a ._ Ss= a=d - ,. - _ minisz=r te:cCr_. its OZ. Staff Report - Case No . i-4SE-94 September 1S, 1994 Page 2 Access to the facility is via Woffcrd Road, from S.R. SO to Story Road. Beinga clay street which extends S .R. SO and neig tbori.�g businesses in the :n area, proximity to the child car? c`ncer would be located to permit working parents to drop children off cn the way to work and pick them up on the way home . Consequently, the use would likely benefit from pass-by t_af-Fic and Generate few additional trips cn that roadway; however, additional trips on Wofford Road could be a maintenance and safety problem with the addition of significant daily traffic. Staff has inspected the premises and found them to be suitable for up to a maximum of 61 teachers and students at a maximum occupancy load of 20 s . . per individual . Also, fire - . improvements will � upgraded safety be necessary in order to meet Code, and utilities should be checked to ensure they are capable of handling increased daily loading. PLANNING AND ZONING COMMISSION RECOMMENDATION: A: t-e-r meet_nc of August 24, 1994 , t__e ?_an.n_nc and Zoning Commission had a split vote (2-2) on the Staff Recommendation, as mcd4 -.`' ^y proposed amendments to item #8 . The ?&Z Commission chose no: to take anyfurther action on the Special -' xcecticn Acc,=o,-warded .c , and o e therefore, fornal recommendation has been ` City Commission. The _&Z did want to indicate, for the =ecoid, that themb no with me.: ^e=ship had problem items 1 through 7 of the Staff Recommendation, but that item 3 was urresolvable. In genera? . the p - &..l could not agree on appropriate --zcu=ce item #8 , but it was their belief that the applicant should rot bear the entire burden of the T cos: for any '_ "-'_aired impro eme nts on Wcffor: Road. RZCO`^M= D..TCN: �ase� ...•cn 'RC ==crov=7 a: a ee inche7d \ staff recommends that the Winter Garden Acyen t C ':- -- for , Seventh-Day SCvCC_ a'- C_^__ C l = ona S^oecia_ Exception to coerate a -d _aC ty be =^proved subject following conditions : �ct t c the .o owt ng -) That R-2 zoning be Granted; Staff Retort - Case 'Tc . _-4SE-34 Seocember , _394 Pace 3 2) That all required fire code safety items per the Fire Depart:ne_^_c be corrected prier to issuance of an Occucatjonal License for the child care center; 3 ) That the total number of teachers and students uti1474ng the facility as a school and/or child care center be limited to a maximum cf 61 individuals; 4) That a Final Certificate of Concurrency be secured prior to issuance of an Cccupationa_ License; 5) That the school and child care center be operated by the church and not a arivate crganicaticn; 6) That the school and child care center be licensed to meet appropriate state requirements; 7) That the potable water well and septic tank system be Crane County for the approved building capacity and use; and 3 ) That Wofford Road be improved from S .R. 50 to the church entrance ricr t.o issuance of an ccc paticnal license cense for the child care facility, with the qualification that the City determines chat it has jur_sdicticn over this portion cf the roadway and can approve any �mpr ovemen t s thereto . REW/emk cc : Ronald ?r-est ?aster Case _ e No . _-4SE-94 Attachments EX3 I3IT "A" TINTER GARDEN SEVENTH—DAY ADVENTIST C:riu±CH LEGAL DESCRIPTION : Front the Northeast corner of the Southeast L/4 or the Scot=est ?/a or Sec_ioa 24, Township 22 Scutt, Range 2" =3st, run. South. QC tieg.`es CO a iaut`s 40 seccads CT 4t 399.7.E _feet along, the.. las: auz.da.::"! of the Southerst 1/.. of said Section. 24 :o: a. ;ciat or regi n.:ag; heat_ continue Scut 00 deg-zees CC minutes 40 seconds las: L79.:6 feet, coag said ", �t �a�radaz;:, thence South 88 degrees mina f es 26 sec:.nds West 943 t :he. North h Zr c:ad:z -� �i ee 1,4 o of a Scut-hens: 1/4 at' the Suutlieasr 1,/= or said section 23; =ae. c= Ncr.: CJ .�ir Jtegaees t20 sec^ -t T7 JIJ��-. �C1 ij V3 Wes:: 221.13 _feet; ♦r�:ZC- �;� 07 a:ties seccads =is '_ 94' f 3C c__.` 1-ae of 3 dig..: to r Seg_za:=g (Ccar3:u_ag ' .4343. aces} _ CIT OF OCO SPECIAL EXCEPTION CASE NO . 1 -4SE- 94 : WIN! GARDEN. S E 1-LSA' ADVENTIST REQUESTED SPECIAL EXCEPTION sc.`ica . AN D c _:D caaz FAC:I:.rTy ILL--1 .- Pr'L '. II . ' I I li1I Iii � i 11 I I I I I II ' I � 1 I 1 I I it 1 ! ii r I I i II I i1 1 • Qp cST 1 .: f vs1EG� i ! / � x I _ / /� I � I C i /T I ! , i H I, ` I ! / '( � .I j i• I f 1 • 5� v� �_' I i CT( l.;c N `! ;iitr RFC i NC_ J -14E Q tel: f SE L 159i 42L, Cm• .• CE=CSi i,4N1GUNT !..' '7h.f7% Ci►Y OF QCOE` CA.c ?.4(D FE PT NC. CITY CF CCCE= APPLICATICNI FC FI SPECIAL EYCEPTTQN (PLEASE TYFE CR PINT ALL (NFCRMATTCN) SPEC.. =YC 'rrCN S 7E0.00 (This acciIcaxicrz is crit' fcr ttcsa spacial eccepttcns'wrtict are =nsistertr with the C.2v ct Ccee's C.:ntcreitertsive pan. All afters must sucntit Ccmcrenensive Pan Amendrnenr acciicsticns.) CQ•31.‘c l 01 .0• Hr: •t-t• 0, cr� r 1 1 t. ,AFP!tC N T S NAME LU i n c`' r, �-a rt-1 e,r1 5 ve n4-i - 4c i /-:(c.€f 7i•51 / • AP .:CA O C. RESS: P•c: • b� `c ! 7 I (c Ll� i�1`e ► 6 4 Incl C3 rl; �S`LI 777 C V ) �-) i^�1 1`�3 . ( C •i' • ==-CNE NLMEc_,. /: l C J v L: - - I . C NNE. C: t(1%. v L: (_ :1 j L' ��LC L J C^ C ! 1CJ 1 5 =t i�-Ci �( F;ci L e%1 5 — C`�vNE-"S 4 I ACCPE4S: :P•C • 3 c x* r V") -c-e. 1- I -t\ . �`-'f - -.� 7 off mc:a vat :re ..:YREf. ,:e SamCacrraccitc a sree ; NC i�. A seczrate „c:t acciiGccr fee Sc :ier:c fcr°�G^ acrcn sci:g2 r arc `c,' :caLI r . � Surrc.s ..Grp.-...5 vi i..f :arras cwr.ersric. U^c^ reccest. ;aymerr cit +`e accve fee rtes u,c'z acr:ic;.; a „ccv :t :re C-i Cccee s '_•cc Ceve.'ccme. „ t:iaccrs. C _="! :CCA CCN: C(nEC tCNS 1-C , FCF i Y: . k7 g C�i� � 2.-r1 rf r —� 1 r _ l V . .. ✓ C: r � • �'_S Lr`� —EL,~, `='• t . I.;E. __=L _c�1/4..,.ir=:tCN: .L' CA i CNS .LILST rFCVICE ,:FE= _ ..`.7-.E2 ANC ECt:NCAFY ..LFVEYS i ...{: n t i,=,C-i Si:Fyc('NI l, AC::ic...tc7 .t.icedctcrr 7:•;:L L J L C!_C,IF;iCN .;S EC:-IErr. S,=_:'•"'1 SE RANGEJL:ECIVISICN T-:NC-a- F ��' `�-"W Sct,;,CN CWNSi-rIF- L^C:� AS AP. _G:EI C. � =RC.cf�� 7.42.: IC. IVC(S); - 1 moi, -C g Vi ( '4/ - 7_ 4. ?RIE `! SPFZ.F1' ire CE/E..^.F1AEY HIS';CRY AND CWNEFSI-i113 CF i r'E SUBJECT a.ARCS) SINC:..:ANUARY% 1SW, WC`::CINC=YEAR LCT WAS C.;EATc; , =R ZCNING, YEAR ANN 4, AND FRE/ICUSyY SLEM i I CE/E-CFMEUT APFUcAflCNs. cl G: Prco--t q he c a e C'LLI'C(n c e2 r n. (, ?�3. Ir .\ ` ¶7 Ora 0 (-kJ w1G.5 �n ,` 'dC< j f\ -1-C.: Ccc , �r j-1='-.,C .J C C r I T- �C' I 72 ,a ?RCFCScEM Lisa- CF i r=E SLEJEC'1 PARCEL. IF '_- :RAN v? =RESEV�' ,�FF�'CA;ICN() IS/ARE Q In. �.l%-` t1 / .� _.,-. CCI / C rt •i I .,. -- Sr-__.: CNING CR "ARCS: IMMEt - _ 1 A NCR r ::,..te Ca:,t..it SCL-7CI '<7,- t . - •, -r� r1 Com,`f=f- •!, ' � C� / -/ i - 1fv.E..1. ! �,!^�'%: G ' --mi,( I .. _ J NL14.1E .• =CSTNG :LIL!NG:. ANC ,NG _-NC USE _ E IEC ��. fT . rRC= •i\. moi.I ... r. . / (s i a Ck.` .Ci C 1 71 (Jr i 4G f L t-4.-,:r ,7-4 3t-u:i!•I S. I ' L CN ARP' A .:A r vCA7C_S A R-77-..:7: _ _ Cr_ iEr FCR CM' RING S I..:C ., ANC ECCMME1CA f ICN. ANC APE MEN E. FC t .. I ,MMISSiCN . �=V , ..Fi NAr.CE TC i rE CR =NAL ACT:CN. ANC ,I aC�iCItC.'T fcr SceC3l I • 1 ;i 1. WILL i r'E FC 1 CW1NG ESSENTIAL SERV1CcS SE?FsCVICE? A. CTAE ..WAiv: LLC t • E. WAS.,`SWAT TREATMENT: 5d.0 r C C. Si CRMWATER MANAGEMENT: 1voule re.o u2P,2 RT riwti.cz ,T b r (8i WO 1 C. RE EATTCN: ��v LI (.0 c J\C. Z S, :47. SC::CCt.S ANC rPRC.1E7 7 E NUMEE7 CF SC:-CCL AGE C:!L REN: MAIN ACCESS (A arnc study rray Ce required): ` v C. C j_.:7 CN ,NCTM�. -re Ic'N f.. _ l dem will CL' r .:lf ' tette iTt ::al^uRg): • r+ =`:�!1AINAirtY.Si i c F' `L!'.!S i-..�;�1VGi c; 1 ^W FRC.Z�11 NAM= NAME ACCRESS,ANC i_-- ---CNE N1JMS�CFT•1-E�P�1= ANC SL RVEYCR.C. C.•N% CWNE�, SLENII ,.;L.=NC RE,tSCN CATES. C. FRCMINENT NCR-'r, .' IFClr'J AT NCT LESS i CAIN = ICC' F. .A SEAL CLNC'RYSLRVEY, ' 1 • LEGAL !NC�..:CING., _`S`,,,lF i ICN,Tv^T.+LAC.iEACE ANC S'-CWING UNE1R CfMANC SU VE'� �. ..ICNS c a =C NG ANC FRCFCS= _'CNING CF c ' 'EC7 PFCF=17TY ANC AC.:C(NING _ 11 -C,1CN !,1.=r- ' rc-c- C`=FL`.' Si=CWS T, - --- NG =CACS ANC L=NCM FXS. ` ,RCE'NiT- -c�c-_..1 Tv ..A_..-1-7=7-S ANC N z. r_,VAy 'NICTHS,=S. AND P AV .1EVi 'N(C i- -CF E: _aSNc rcP� ..G;AFLiY AT CNE (1) F:-.CT CCNTC OF INT VALS SAScEC CN i riE CRANG=CCUN►! ZA i LM. ICS mi- AT LEAST i WC (2) SENIC:- MARKS. K. VELE A�TCN TYPWCCCAREAS, ANC C:Kc:Y CC NScFVATiCN ;NEE L LrMIT S CF taI-YEAR; E-t AL FC.CC PLAIN AND NCRMAL SIC-1 WATER i_/A i tCNS CF AL LAF( ANC WEZ.ANCS. M. IC`V i rF' SCIL TYPES USING i riE U.S. SCIL CZNSERVA i ICN SERIACE SYSTEM. N. ANY C 1 riER INF`RMA i ICN C 41E:1 NECESSARY AND APFRCPPIA i E SY APPLICANT TC `'` CET MINE COMPLIANCE WITH THE C:TY CF CCCE='S CEvECPME1T CCCES. LS AND I r r S RA 1 E ITEMS SC IDElTIFIE.: APF .'CANT S.:-ALL SLEMfl A LST CF 1-HE - OWNERS' NAMES ANC MAILNG ACCRESSES F. EAL ?;CFE.:TY LYING NITIN 'riUNCR (: Q) CF PERIMETER CF THE=RC=�= � =�? -r.` LATEST CFANGE PPCF^Ty APPRAISERS AC TAX C ;AI L4c C ICEri'rY ALL. AOvl1C.7:V -'CF=-7IntNNE=S MAY CAUSErE S.EMt7^ .APFr:C;TICN • PCPM-I9 fpr ice ;`CvCSI CT( CF C CC EE, CWNE='s 3F7-7D4vr STATE. CF For;d, CCUN T Y CF n rct.r.c% `.r Eaters cite, Me undersigned perscnaliy appeared 5+c 3k .0 ; �cr1 d �y swam an car+h, cecse(st and say(s): V' � ?� _, ' , who being Sri. -sir's-^•t, r_ord. �•�= CZE ?LZ.H1C_,^� �•-.r-; T. Thar flay/sne/he are/is be fee-simple armer(s) ct*e prep I atrplic:srfcn and liar 7te artac^ed cwnersnip (is is Trade a Y descilred in his desC-:pticrt(s) fax rite reel prep � at the arftdavit and c:.ntsins the legal in rid land. �Y. and the names and mailing addresses at all cwrters having imp Ca <(Mar y/�e�5 desire(s) c�zc:a l �xc�s? en n r -,c hoc I anct (sceo::y acn scugral fcr said prccerty. Thar tt;ey/she/he/ have/has acceinred b(")-,cnc. d Q D. Pr-(:f.2.1-1-- (scecv himself cr agent) rn aC as agent in their/her/his deitaif ca acrnclish Me above. 4. Thar they/she/he arftmi(s). w.rt;f(y)(les) and will ccrtcly with ail crdinar; prcvisicns ct the C„y Cdde at the C.. at Cccee, and • miltedregula, er and ��! tar alt raremenrs and diagrams submitted, ,'herewith are:rue anc acc rare:c me best ar their/hs/herkrcwiecge and 'pedlar and further, Mar this aCCtiCadcn and acacntrenrs sraiI deo:.me :art Cr the cuspid re•..:res at the C:v ct Cccee. and are ncr rec:rratte. Thar ar::he ac= carrying ac acr.'tr;reperry comers IIS S. :C the Cesr Cr:heir/her/his .'<nCWleCga a rptere arc acct:nare list Cr the cwrer`s names and .ailing addresses fpr ail Crccerry lying within tree 'ur:crac ;i lio) peer'Crt e aenrnecer ct the suctecar"�.._.a+ rax Fiats , as rem,.;,”:.. an :he fates:cif-lcI Crartge C;.clrrry 77:ar ;crcr:d Me utile nearrg, :r accfI pie, signs will Ce areminertly'acsred Cr the subject .:arcs lc;:ass than 7.,vve (12) days =alma the amplicatcn will to �rsiderec by the Fannin, _ rlw.recr t e =� Cr .ci ' ren . arc will ter atn g _r C ' mre .-criers are cs:ed ..r t;I cry ceterr,hirtaucn, after which balee .�. �e ;er�tCVeC a!'C C2_�Ve^w ^ r .,igr tame Videres .c en SWC:' :C of C defer= ►+_ ere :1- �a...sa. .der' de .ire :his / �+ S acr5c:cIV .Q'CX .aV �•, c 11� :C i i Zy Si��.4•►s+ 4,iwa,�O ray S . r :C ne _S CenIIlT ricn, and wftc rack an 14ve-r=y. I s`= NCraSJ ,r:IC �lw�. Al v�v :cmm'•aa.c. ?X :reel: - . 3CNC1.7 711 AU .MCTAAT 7V3VC :MCCAY'RtTS2f • • =Y1 • • • 1 . • P N j f N ? I r v ' J G 1 l %i � /o;. .r: r! ?cu�`!OR�:' Q = J�� �f dr -I' "C...6.1? i".�r. Cor? cF�e_%1 u ( ;i r : I 4 i 1 � �A tI r a .; , Q1 i I I I cQ ! 4 2 L ,,Q �r ��• ISG `• o , /+e3. C0' -.....2, i Z ...111. j i r./ mi Q. 1 �1 /v 0„c • �?u7`G/N�; ,VCT S O:,i N 1 /� j i i • .../CL,�'i . //CI/`/ S i • .'.���.. -Y".�..�T�.':r-�._ _�tt.f ""� �� I dr TEAS — S.;:7.'��” ZS- :�-�! :iF.~:1' il f3 Lv2'>E-- _•� �ti i�F �� -._.1r� r r{" ::::1%.";:717-?.1,27.4.:1! .L.i'..�.: 3 .;5�. C�C�i li w vLiiV G: .:.1 :lam^yam, �T _ i '..=.7-,•':'...-7-`4:-:C'. L.•- .1'7 i :Ii. ?�Lt •? .3....c7::::..• 1 - +` • I {. t..�i.7..t.• U '-. I.1 '..I//r[J�..r� 7 ff -oar/ - • • 411.0 f Aio . t4 4 111,1tittiti I, , - LS rs - Of Scp tz.m6e-, .Y• D. 19 63,at-tWelmx r= mAu k_ WCFFCRD and Jr.IANria 8. WOFF D, Elis X4A'vr1 Of.:id Ce3TlJLr.J or - Cr Zc Cs of tire �i.-r� ' a Ste:a o part j es oT- -- par.:, and F;ca C:.NFF ? ,� - r'-or=;a - a caroElsnn r wizase aa::_::ng address is : A�.731.3, I OF � `r:i ¢ tvtder - GY .$ n� its principal :As Laws of State or i3 L3, Cr'3adc. c�Lor4dd Stats a{ - T Pie of business vs tAs C4� 1•- FLor_da _ c�-or_'dz - - �' r,�"-� of aid racoma �a�e �� ��V� Licit aha Yard • ;.- •i of the suss or oz� - r , Fart Les of the Aret?�,for comae ` f to l e_ v3.L . 1e caasidera.cions and Tea and r °n :rri7tte;?, 6=7:aimed, hand =aid, the re,-. pr other eof is hdreay l�4 IaQ Za.v rs. a th ed, said, eiiened, r ac ,add, have ,'2:Jars and bar Chess remised, reldcsari eeaFjrd cane :'� t:r•••ear*' presents do j z&L, oardain : converged , d can, e f, ca�ttre7 AyQ ��f� Cis said a sem•. siren, remise, taloses, • svr- azd arat:drrs ' CA= cer.aus pcp of tke to nd part its siccrrs- lo� ern of fore-rer, a Z . Cr �*_ - and of land tyirae and Qei.�d ;� the .\. dss:.rj�ed as collows: and Staff of .arra a mora parresicrr- • .1 pct _o ; =,; CZ ':e c.z=�ra�scJ` c3 er o= the Southeast rDWI ylrr GZ i/ Oi Sec: ! ..- ,= 4.- '! CO. Sonth, Range J^' __ o- ?Q S1t -3:YRC�a7 ;� �� y 'tenth, te 2=st, c' a Scut /" -, ;� • `O s 40 seccads oar 29Q. -4 SOC d`g-ees • ,. ;••••1% `: :'f .` for a �:.:c= p :eQ=c of said �e_=?c i. k'"-i'. 'tc 00 'v_ee '- aia _ "`3 - . �"� S OC ��2L2~� �G+ r =�2'SC.. CCQriRLe Scut «_ . � `. tees ...3- seconds Z-3.31: .: = IIL.4 _:,z:t; ::Z z:az:.es ?� th`=Q- South deQ- II=.._IUt _ the `Ter: seczrzds West 9•tf f", $ -,._s .� �c c:ada.-•re - F4:a I 1 e= ka c I �„ / sa_d seer:Scut/tear �.e _ _ ,�; `-==='es 00 3_cc_:s -oa 24; :pence Ycr: -- f J'Q:C~ Q degrees ,.. SZ=.^.Z."'-S ?lest 23.1. 'S - COi "�' : fee.: �_'^'�'- Cin ? sec-ads - �:"..ac_ ne ii( _Z �R '- ��.:.::3:i�2� . 's=.� J the pC�ZZ :�wRt-VGIrtmtz acres) .1L. - - `RC. mmfa•1 RrTp�4LSTL,• i� urr dttl\IZ et;.....----,v �r:Z^..'d�g,.2 ocether7471,: .4y+ .tzt.eNzerZtz, %krx,: :,-nen4s an r :•:',V...7., t...8+ :iL�.?i ent ah.Ci dT4L:.25, ciOV er c.-.r: T►j• aor dower,Jtrev , ion,. - -Zr?.T �:_'C a=sett��- ^•• „ %/-dreta ;je.l.to 1 4ny .R� �. dower, rr7lP.rstQTL • "1'0 �vf. or 2ztJu.~�s a per`..:zzirj.• `v and _to Hold the earns :.- -•'aa ic:�i _s of _ ��:cle ;"ori-sr. ' �. :ZCvf:.' :i« G:LGI: C��? a��y;:.;;;l�;�c. �.? �:77JC=•C+_G + ..:iL :.2$ � ?tom s �� $ t� .I �7! :+►� :JZC::.:.::J.'3:..(: y .iC:neL.'. of :iid 3^..z..'* ^' .-'.:'S'.'• f :fld: of r dell �. 'n.ZG ::c�`. the?.?. •i ...Z.Y fJ1.:.. •: _O .i� •C:):8• ��;�� ��•-- - :37Z '�CQG. T$�R -u + ' J are .:>/ J :cid tarries of irsz + , c :c:cfzl a:ca77r;L-� :f-ie d ILt f; z s 7-77.42, -77.�J -^..Z-a; T1 Z�' defend. :he Jame a r•:tit 1r 8�fii le-i _? o�Z f aJz ler iverzra za (.."rxr. P..-twezme: i • , ,-. . . : ' •./ •" .... ..../:- ri", -. • • • I i • :. , • • .._:_.:_z..: '..:•----_ :- -• .0. —._..-..__ il ,I 11 i . . SandiKS1°'r tiAspt t 4Moria OP FM=NRAO,ais.:In CCOMMILIPPUCATIONF.:. >.a SEVENTKnr Awsnart .o • • ncnCILcs wear GIVEN plaal.la 3.01111r44`rsaan 'Cos a�r Lana x a1 taw ao nuo e.•soon halon no ..analeae OW.00OEE PLAN ANO•21314NG 00/0452014 RAIL=HEAPING al a mann.ra NOtt M at Ile Qoo..Colnraata•Ctnta►:T3• %nen Llesmo.Cage. Ooonei Rcene.. ret an Sroanlear OIL 1904 s TOO sm.co a soon goner as or.eYal.; Ar OCOEE an'COMMt$S3QN.rrlF 1 ?maMEW NEARING sown oro Ocoee eaia*,wear s, tis Nonn l+la sore OnK OaaOa. Rona to oonner an room:man aro ,f wow Groin Senron.Ger Achim"- at Comm.tir SP4 cons a senor ani chid cora ear. rnan '714. Finns,Oiry C iQ a iwn nor beam g'aa►d SR..21h o d Sb ___ The smarm came a•moudnq a roil oncnoion e atthe p mown 133 MOM I.alai/alai Of/ra twat.!f.Nowa at SOQ Lai.Sod 1100 a a+L Merlon,Oman Friong. a+arar.a carom male sot at Mir traOn arra be nta=. ra.o.a ar ism+mftleaa Ane omen ono ammo a moan an►r a.mon m.ae anm!+. moan naw1Q con nen a moon onocreonq Ana Or Tee Otaao.r wta ti.a Sf inane not a~Waco ram=of 1•o sauna lqa a moor lanai ocular 1•aaaR0ly NO omen=uoon wow: N.aoaar n arras. .EAN GRAFTON.CM*CCK CrrT CF OCC� `X- f= h�gtat i< TWA FOLEY & LARDNER III NORTH ORANGE AVENUE. SUITE 1800 ORLANDO. FLORIDA 3250: TELEP•+ONE :4071 423-7696 FACSIMILE :4071 648_1743 'AMP&, FLORIDA MAILING ADDRESS: .;ACI<SONVILLE. FLORIDA MILWAUKEE. WISCONSIN ALLAHASSEE. FLORIDA ?OST OFFICE BOX =193 MADISON. WISCONSIN WASHINGTON. WEST PALM SEACM. FLORIDA ORLANDO. FL. 32902-2193 WASHINGTON. O.C. ANNAPOLIS. MARYLAND CHICAGO. ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney f 'L DATE: September 20, 1994 RE: Special Exception Application Seventh Dav Adventist Church Case No. 1-4SE-94 (I• ) LAND DEVELOPMENT CODE: Attached hereto is a copy of Section 4-8 (3) of the Land Development Code which sets forth the Standards for Action by the City Commission when considering a special exception. (II. ) CLARIFICATION OF DRC RECOMMENDATION: In connection with the public hearing on the above-referenced matter, please find enclosed the following documents: (1) Transcript of Development Review Committee Meeting of August 9 , 1994 regarding the above-referenced application. (2) Copy of correspondence dated October 11, 199 from William J. Masi, Manager - Orange County Eifgineering Department, to Mayor Thomas R. Ison regarding Wofford Road. You have previously been provided with a Staff Report from Russ Wagner, Director of Planning, dated September 15, 1994 regarding the above-referenced matter. Consideration of the special exception application is quasi-judicial in nature. As a result, it is necessary that the evidence which may potentially form a basis The Honorable Mayor and City Commissioners of the City of Ocoee September 20, 1994 Page 2 for your decision be entered into the record of the proceeding. It respectfully is recommended that the Mayor enter the foregoing documents into the record of the proceeding. Subsequent to the issuance of the Staff Report, a question has arisen regarding the "improvements" required in Condition Number 8 of the Staff Recommendation. I have reviewed the above-referenced DRC Transcript regarding this matter. In my opinion, the Staff Report reflects the initial motion made by Mr. Wagner, but does not reflect the final action recommended by the DRC. It is my opinion that the Development Review Committee recommended the following as Condition Number 8 in lieu of the text set forth in the Staff Report: " (8) That Wofford Road be improved by the Church from State Road 50 to the Church entrance prior to issuance of an occupational license for the child care facility and that such improvement be as a stabilized road adequate to support fire truck access to the Church property_ , with the qualification that the City determines that it has jurisdiction over this portion of the roadway and can approve any improvements thereto" . (Revisions underlined) (See DRC Transcript pages 10, 14, 15 and 23 . ) . Assuming that the City Commission is presented with competent substantial evidence to support Condition Number 8 , it is my recommendation that any motion include the revised text of Condition Number 8 in order to be consistent with the DRC recommendation. As indicated above, the DRC recommendation regarding the improvement to Wofford Road is conditioned upon a determination that the City has jurisdiction over Wofford Road and can approve any improvements thereto. The October 11, 1989 letter from Mr. Masi indicates that the County has discontinued maintenance, but does not specifically address the subject of jurisdiction and authorization to approve road improvements. The DRC transcript indicates that the City has in the past maintained the subject portion of Wofford Road. Based upon Condition Number 8 as recommended by the DRC, it would be necessary for the City to obtain a letter from the County to the effect that the City "has jurisdiction over this portion of the roadway and can approve any improvements thereto" . In the event such a letter cannot be obtained, then, in my opinion, the DRC recommendation would allow for the Church property to be used pursuant to the special exception without improvements being made to Wofford Road. If such a letter can be obtained, then Wofford Road would need to be The Honorable Mayor and City Commissioners of the City of Ocoee September 20, 1994 Page 3 improved (with appropriate City approvals) prior to issuance of an occupational license for the child care facility. Finally, it is my understanding that the Winter Garden Seventh Day Adventist Church intends to sell the property to another church upon approval of the special exception. Normally, special exceptions run with the land and may be utilized by subsequent purchasers. However, in this case, Condition Number 5 indicates that the facility must be "operated by the Church" . I believe that the intent of the DRC was to allow operation by any religious organization which may subsequently own the property. In order to protect the rights of subsequent purchasers and avoid the need for future action by the City Commission, it is my recommendation that if the City Commission finds competent substantial evidence to support Condition Number 5 as set forth in the Staff Report, then any motion to approve the special exception clarify such condition with the following restatement: " (5) That the school and child care center be operated by the Church or such other religious organization as may subsequently own the subject oronertv and not a private organization; " (Revisions underlined) The recommended revisions to Conditions Numbers 5 and 8 as set forth in the Staff Report are intended to clarify and be consistent with the Development Review Committee recommendations and are not intended to express any opinion by the City Attorney on the substantive content of the recommendations or whether there is competent substantial evidence to support such recommendations . (III. ) FINDINGS OF FACT: Section 4-8 (A) (3) of the Land Development Code requires that any action taken by the City Commission be accompanied by findings of the City Commission upon which the action was based. If the City Commission finds that there is competent substantial evidence to support the Staff Recommendation, then the Commission may wish to consider adopting the Recommended Findings of Fact attached hereto. Again, these are not recommendations of the City Attorney and are intended only to provide the necessary information for the City Commission to approve the DRC recommendation. PER:dh Enclosures CAWPS1TOCSt000ENEMOSPFriDDHD9. :91.14 t D©8ff1{1 PE{:zds l f L Chi C l: �crtLc ARTICLE iV An application shall be made on standard forms provided therefore, and shall be submitted with the appropriate fee to the Panning Department. The application shall be signed by the applicant or his agent, such signature being verified under oath. A. Review of Application (1) After the application is determined to be complete, it shall be forwarded to the Development Review Committee for review. The Director of Planning (or the Development Review Committee) shall make a report containing a recommended determination of facts which are relevant to consideration of the proposal and a recommended determination of the consistency of the proposal with the adopted Comprehensive Plan. (2) The proposal shall be considered by the Planning and Zoning Commission at a public hearing after due public notice. along with the report of the Director of Planning. Following completion of the public hearing, the Planning and Zoning Commission or Development Review Committee shall make a report of its findings and recommendations to the City Commission. Both the Planning and Zoning Commission and City Commission public hearings must be advertised in .a newspaper at least seven (7)-days before each hearing. All property owners within 300 feet of the subject property must also be notified by mail at least seven (7) days prior to the hearing date. This notice may include information on both Planning and Zoning Commission and City Commission hearings if the Item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the Planning and Zoning Commission meeting, a second notice to property owners must be m ailed seven (7) days before the City Commission hearing detailing the meeting time, place, and other particulars. (3) The proposal shall be considered by the City Commission at a public hearing after due public notice, along with the report of the Director of Planning and the report of the Planning and Zoning Commission. Following completion of the public hearing, the City Commission shall approve, disapprove, amend and approve the proposal, or approve the proposal with conditions. Any action taken shall be accompanied by the findings of the City Commission upon which the action was based. (4) In approving a proposal, the City Commission may attach appropriate conditions to ensure compliance with the provisions of this Code. Such conditions may limit the uses, size of uses or structure, or characteristics of the operation of a use, or may require buffers, landscaping, or other improvements not normally required. Conditions may also require the periodic review of the use and may provide for the expiration of the special exception on a date certain. B. Standards for Action by the City Commission Approval of a special exception application shall be granted by the City Commission only upon finding that (1) The proposed uses and structures would not violate the land uses, densities, or other directives of the adopted Comprehensive Plan or of this Code. (2) The proposed uses and structures would be compatible with the uses, structures and activities on adjacent and nearby lands. Adopted July 21, 1992 18092 ARTICLE IV (3) The proposed uses and structures would not violate the health, safety, welfare, and/or convenience of those residing, working or owning land in the vicinity of the proposed use or structure, specifically with respect to: (a) The use or structure would not exceed the applicable density or bulk . regulations except as specifically authorized, nor shall the use or structure result In overcrowding of land or buildings; (b) The use or structure would not impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service standards; (c) The use or structure would not create a fire hazard; (d) The use or structure would not result in noise, odor, glare, vibration, or other similar characteristic which is detectable at the property line and which exceeds the level which will result from permitted uses; (e) The use or structure would not prevent an adjoining landowner from the legal use of his property pursuant to this Code; (f) The use or structure would not violate a requirement of limitation of any applicable state or federal law or regulation, and: (g) The use or structure would not result in the inadequacy or inability of any public facility or service to meet adopted standards. § 4-9 VARIANCES The Board of Adjustment may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public Interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the City unless and until: A. Application • A written application for a variance is submitted with the application fee demonstrating: (1) That special conditions and circumstances exist which are peculiar to the land, structures, cr required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements; (2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions; (3) That the special conditions and circumstances do not'result from the actions of the applicant; (4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. •Adopted July 21, 1992 18C93 — • • i—= — 7 J. Q‘•, public Works Dtvisii On{ yThomas M. :iastin � P.E.,D lrtctar�. A17lC ./ i Engiaeering Department - William J.,Mast.?Z.Manager :430 33r4 Slim Orlando,Fa u 7:109.8796 ' Telephone(407)X44-7900 . PAX(407)244.7999 October 11, :989 i• j r • j — 1 RECEIV D i The K rable T s-11. :son Mayo of Ccoe j 150 S takosh Drive SEP i ll 1291 Ocoee, _da 32761 Subject: Wofford oad , FOLEY & LARDNER Lear Mayor :son: Recant annexations by you '' city and the city of Winter Garden refect annexations of the greater portions of Wofford Road and property contagious thereto. _n, accordance with Oran County policy, you are hereby informed that tate County will discon- tinue maintenance f the aforesaid road, between W. 3. McGee Highway (S.R. 30) and Story Road; effective October 21, 1989. 1 i If there are any questions, please contact fie. } 1 i i Sincerely, •• Wil {am C. Masi, P. 7. 'SCM;Y1W/Qt • • , . cc: tial Marston, Crsnge County Commissioner ?'.ti' Brown, County Administrator George W. Cole,' ?. _I. , Ceput.4 Director, Public Works Division I William P. 3aYter, ?. r Manager, HighwayMaintenance 3cb Barber, City of Winter Garden , • i i : Case No. 1-4SE-94 : Winter Garden o Seventh Day Adventist Church 13 L-11 RECOMMENDED''i'INDINGS OF FACT: 1. No special exception has been previously granted by the City to use the property as a school or as a child care facility. 2 . No occupational license has been issued by the City for use of the property as a school or as a child care facility. 3 . Use of the property as a church is permitted without a special exception because the property was used as a church at the time of annexation in 1974 and has been continuously used as a church. 4 . In October 1989, the County advised the City that it would no longer maintain Wofford Road between SR 50 and Story Road. 5. In order to protect the health, safety and welfare of persons attending the school and/or child care center, certain improvements to Wofford Road are required. The specific improvement required is a stabilized road adequate to support fire truck access to the property. 6 . The property is suitable for up to a maximum of 61 teachers and students, subject to upgraded fire safety improvements necessary in order to meet current Code requirements. C.`.WPJ1tDOCZOCOETEiDDH09. 1 9' 4IDEiMPEUh