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HomeMy WebLinkAboutVII(A1) Ordinance No. 98-05, Van Landingham Annexation, Case No. AR-97-09-09 Agenda 3-17-98 Item VII A 1 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS o'` % CITY OF OCOEE DANNY HOWELL .,KL1111"y64in. 150 N.LAKESHORE DRIVE SCOTT ANDERSON v LASS 0 OCOEE,FLORIDA 34761-2258 NAN Y J.PSCOTT A.GARKER e � (407)656-2322 CITY MANAGER 44'POf G0O `> ELLIS SHAPIRO STAFF REPORT DATE: March 12, 1998 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Senior Planner t¢ —- D� THROUGH: Russell B. Wagner, AICP, Director of Planning frV SUBJECT: Ordinance#98-05: Van Landingham Annexation (Case Number AR-97-09-09) • ISSUE: Should the Honorable Mayor and City Commissioners approve Ordinance Number 98-05 annexing the Van Landingham property and execute the attached Annexation Agreement? BACKGROUND: • The subject property is located approximately 1,550 feet north of the intersection of Marshall Farms Road and State Road 50. The 2.13 acre parcel contains a 1,400 square foot concrete block house. Historically, this structure has been a single family home; however, the owners have indicated that the existing building will be removed to allow redevelopment. Pending approval of the annexation and requested C-3 zoning, the owners anticipate redeveloping the parcel to accommodate an auto-related commercial structure. With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants • municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The requested annexation satisfies the above criteria. The subject. property is located within the Ocoee-Orange County Joint Planning Area (JPA) and the Ocoee Utility Service Area. Since the property is within the City's Service Area and contiguous to the city limits, the property is being considered for annexation as outlined in the JPA Agreement: We have notified Orange County Planning Staff of the Annexation Petition and they have not stated any objections. The requested annexation is consistent with the JPA Agreement, State annexation criteria, and the standards established by the City. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of a commercial building between 15,000 and 20,000 square feet in size; We have determined that the City can adequately provide a full range of urban services to the subject property, pending certain infrastructure improvements. As with all new developments in Ocoee, the developer may be required to make certain improvements before site plan approval; as appropriate. For example, there are no wastewater lines nearby so the developer will need to extend lines and may need to provide a lift station, as part of development approval. The Honorable Mayor and City Commissioners March 12, 1998 Page 2 As part of the annexation approval, the owners have executed their portion of the attached Annexation Agreement which requires that, within 60 days of a written request from the City of Ocoee, the property owners will: • Convey an additional 20 feet (from the centerline) of right-of way adjacent to the subject property along Marshall Farms Road. This additional right-of- way represents the Van Landingham's half of the right-of-way needed to create a total 100 foot wide right-of-way for Marshall Farms Road to accommodate future road widening. The 1997 assessed value of the property is $59,060.00; however, the Annexation Feasibility and Public Facilities Analysis was based upon a theoretical 19,170 square foot commercial structure. In such a case, we estimate that the assessed value of the property would be $730,010. The projected City of Ocoee ad valorem tax revenue would be $2,920.00 based upon the theoretical commercial use. If the subject property were annexed, staff has determined that the taxes generated by the property would sufficiently offset the need for services and considers annexation of this property feasible based on the above considerations. DEVELOPMENT REVIEW COMMITTEE MEETING: On February 17, 1998, the Development Review Committee considered the Van Landinghani Annexation request. After a brief presentation, Staff unanimously recommended that the Planning and Zoning Commission recommend approval of the requested annexation. PLANNING AND ZONING COMMISSION MEETING: On March 10, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the Van Landingham Annexation. The Planning and Zoning Commission Members asked a few questions about the subject property before voting unanimously to recommend approval of the requested Annexation, pending City Commission approval of the Annexation Agreement, as recommended by Staff. STAFF RECOMMENDATION: The Planning Department recommends that the Honorable Mayor and City Commissioners approve Ordinance Number 98-05, pending the execution of the attached Annexation Agreement. Attachments: Ordinance 98-05 Annexation Agreement Annexation Feasibility&Public Facilities Analysis Location Map H:\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98012.doc . • ORDINANCE NO. 98-05 CASE NO. AR-97-09-09: VAN LANDINGHAM AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING. APPROXIMATELY 2.13 ACRES LOCATED ON MARSHALL FARMS ROAD, APPROXIMATELY 1,550 FEET NORTH OF THE INTERSECTION OF STATE ROAD 50 AND MARSHALL FARMS ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE. COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the 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 j ' WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA-Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners • of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed.to be annexed into the corporate limits of - the City of Ocoee, Florida. SECTION 3. 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 Ocoee City Commission.hereby finds that the annexation of said-land herein described is consistent with the Ocoee Comprehensive Plan-and the JPA Agreement and meets-all of the requirements.for annexation set forth in the .Ocoee Comprehensive Plan',.., the JPA Agreement, and 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. i 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. - i SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 10. All ordinances or.parts of ordinances in conflict herewith are hereby repealed. SECTION 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the clerk of the circuit court and the chief administrative officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA • JEAN GRAFTON, CITY CLERK S. Scott Vandergrift, Mayor (SEAL) ADVERTISED MARCH 5, 1998 ADVERTISED MARCH 12, 1998 READ FIRST TIME MARCH 17, 1998 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 , 1998. FOLEY & LARDNER • By: City Attorney EXHIBIT "A" • BEGIN ON THE NORTH BOUNDARY LINE OF SOUTHWEST 1/4 OF SOUTHEAST • 1/4 SECTION 19, . TOWNSHIP 22 SOUTH, RANGE 28 EAST, AT A POINT13 CHAINS AND 43 LINKS FROM NORTHWEST CORNER; THENCE SOUTH 43 DEGREES WEST 6 _ CHAINS AND 46 LINKS; THENCE SOUTH 15 CHAINS AND• 30 LINKS TO THE SECTION LINE; THENCE EAST ON SECTION LINE 11' CHAINS; THENCE NORTH 20 CHAINS MORE OR LESS TO NORTH BOUNDARY OF SAID 40 ACRES; THENCE WEST 6 CHAINS AND 47• LINKS TO POINT OF BEGINNING, AND BEING MORE PARTICULARLY DESC IBED AS FOLLOWS.1 BEGIN AT A POINT '274 FEET SOUTH 41 DEGREES 55 MINUTES 07 SECONDS WEST OF INTERSECTION OF NORTH FORTY LINE OF THE ABOVE DESCRIBED PROPERTY AND THE SOUTHEAST RIGHT-OF-WAY LINE OF TEE MARSHALL-FARMS ROAD, PREVIOUSLY KNOWN AS OCOEE-BEULAH, HARD ROAD;. THENCE NORTH 88 DEGREES 54 MINUTES 54 SECONDS EAST TO TSy CENTERLINE OF A C=TA= COUNTY DRAINAGE DITCH, ALSO BEING TEE NORTHWEST.BOUNDARY: OF OCOEE" COMMERCIAL PARR, AS RECORDED IN PLAT BOOK. 26, PAGES. 135 AND 136, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, 935 r E I` MORE OR LESS; THENCE RUN P_A.R,ALLEL TO SAID RIGHT-OF-WAY LINE, ALONG SAID LINE OF DITCH SOUTH 41 DEGREES 55 M2.'WTES 07 SECONDS WEST 137 FEET; THENCE SOUTH 88 DEGREES 54 MINUTES 54 SECONDS WEST TO SAID RIGHT-OF-WAY LINE OF M HALL-FARMS ROAD 935 FEET MORE OR. LESS; THENCE ALONG SAID RIGB?T-OF-'WAY LINE NORTH 41 DEGREES 55 'MINUTES 07 SECONDS EAST 137. 00 r:; �� TO THE POINT OF BEGINNING. • THIS INSTRUMENT PREPARED BY: Martha H. Formella, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Orlando, Florida 32801 407/423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive . For Recording Purposes Only Ocoee, Florida 34761 407/656-2322 _ I Case No.: AR-97-09-09 ANNEXATION AGREEMENT [ RIGHT-OF-WAY CONVEYANCE ] THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of, , 1998, 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 ASHLEY COOPER VAN LANDINGHAM, INDIVIDUALLY; AND AS TRUSTEE, whose mailing address is 1740 Carlton Street, Longwood, Florida 32750! (hereinafter referred to as the "Owner"). ; 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 the Joint Planning Area. Agreement (the "JPA Agreement"), 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 the JPA Agreement and to represent a minimal fiscal and level of service impact on the City, with the exception of adequate right-of-way along Marshall Farms Road 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. Within sixty (60) days from the date of written notice from the City, the Owner shall convey and dedicate to the City that portion of the Property twenty (20) feet in width adjacent to Marshall Farms Road (the "Right- of-Way Property"). Within thirty (30) days from the date of written notice from the City, the Owner shall provide to the City a Sketch of Description, including a metes and bounds legal description, of the 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. Real property taxes in connection with the conveyance shall be prorated as of the day before the acceptance of the conveyance by the City and the prorated amount shall be paid by the Owner and shall be escrowed in accordance with the provisions of Section 196.295, Florida Statutes. 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. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 98- for 2 Case No. AR-97-09-09, 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. OWNER: . Ashley Cooper Van Landingham Individually and as Trustee 1740 Carlton Street Longwood, Florida 32750 CITY: City of Ocoee City Manager 150 North Lakeshore Drive Ocoee, Florida 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, 3 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. SECTION 12. 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. SECTION 13. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. 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 Attest: Print/Type Name Jean Grafton, City Clerk (SEAL) Signature Print/Type Name 4 • FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 1998 UNDER AGENDA ITEM NO. this day of , 1998. FOLEY & LARDNER By: City Attorney 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 Deputy 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 . , 1998. 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): • • IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the D3rc-biay of f-J by'"(ALI. V-L- , 1998. "OWNER" Signed, sealed and delivered in the presence of: 4n,ii4a,frte7r,z) / Z-172-(4 1/6/:(44- V9.144./26?-k41 Signature Ashley Cooper Van Landingham / Individually and as Trustee • aro/pi S �O/cra•tl�r Print/Type Name Signature 1� a _ , ' 4� Print/Type Name STATE OF FLORIDA COUNTY OF ()4 C I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Ashley Cooper Van Landingham Individually and as Trustee, who [ ] is personally known to me or [ produced F(_Dt Vf$.--06�3 -(0 as identification, and that he/she acknowledged executing the foregoing instrument for the purposes and uses therein described. re_t WITNESS my hand and official seal in the o my an tate last aforesaid this �� a—aay of $e_„L17 , 1998. Signs .e of No +,;„ Y 'r_e,‘" Sherry Seaver 11,1�(J * My Commission CC599817 rT;NM • Expires Feoruary 11 2001 Name of Notary (Typed, Printed or Stamped) OF Floe Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): A:\VLHAM.ANXl2J1J981000EE DISKIMHF:mck 6 • .12B The West Orange Times Thursday, March 5; 1998 •'12B The West Orange Times Thursday;March 12, 199� - . LEGAL LEGAL CITY OF OCOEE APPROXIMATELY•''2.13 CITY OF OCOEE APPROXIMATELYt!"2.1: NOTICE OF PUBLIC ACRES LOCATED" ON : NOTICE OF PUBLIC ACRES LOCATED! O. HEARING TO CONSIDER MARSHALL FARMS ROAD. , HEARING TO CONSIDER MARSHALL FARMS.90AC ADOPTION APPROXIMATELY 1,550 ADOPTION APPROXIMATELY-'J1%55i' OF PROPOSED FEET NORTH OF THE . OF PROPOSED FEET NORTH OF-:THE ANNEXATION NO.98-05 INTERSECTION OF STATE . • ANNEXATION NO.98-05 INTERSECTION OF-STATF CASE NO.AR-97-09.09: ROAD 50 AND MARSHALL ' CASE NO.AR-97-09-09: ROAD 50 AND MARSHAL: VAN LANDINGHAM FARMS ROAD PURSUANT VAN LANDINGHAM FARMS ROAD PURSUAN TO THE APPLICATION NOTICE IS HEREBY GIVEN TO THE APPBY:. O: NOTICE IS HEREBY GIVEN SUBMITTED BY THE SUBMITTED BY:,•THi pursuant to Sections166.041 PROPERTY OWNERS: pursuant to Sections166.041 PROPERTY OW.NERS and 171.044, Florida FINDING SAID and 171.044, Florida FINDING S•A I L Statutes, and Sections 1-10 ANNEXATION TO BE Statutes,and Sections 1-10 ANNEXATION : TO•.'BL and 5.9. Ocoee Land CONSISTENT WITH THE and 5-9. Ocoee Land CONSISTENT WITH THE Development Code, that on OCOEE COMPREHENSIVE Development Code, that on OCOEE COMPREHENSIVE. Tuesday, April 21. 1998 at PLAN. THE OCOEE CITY Tuesday, April 21, 1998 at PLAN, THE OCOEE,CIT' 7:15 p.m.. or as soon CODE. AND THE JOINT 7:15 p.m.. or as soon CODE. AND THE-JOIN: thereafter as Practical, the PLANNING AREA thereafter as practical, the PLANNING A R'E:• OCOEE CITY COMMISSION AGREEMENT: PROVIDING OCOEE CITY COMMISSION AGREEMENT; PROPJDINC - will hold a PUBLIC HEARING FOR AND AUTHORIZING will hold a PUBLIC HEARING FOR AND AUTHORIZINC at the City Commission THE UPDATING OF at the City Commission THE UPDATING"-:.01 Chambers, 150 North OFFICIAL CITY MAPS: Chambers, 150 North OFFICIAL CITY •MAPS Lakeshore Drive. Ocoee, PROVIDING DIRECTION TO Lakeshore Drive, Ocoee, PROVIDING DIRECTION'TC. Florida to consider on the THE CITY CLERK: Florida to consider on the THE CITY CLERK . second of two readings PROVIDING FOR second of two readings PROVIDING "_FP- adoption of the following SEVERABILITY; adoption of the following SEVERABILITY; ' " ordinance: • REPEALING ordinance: REPEALING '—' INCONSISTENT INCONSISTENT AN ORDINANCE OF THE ORDINANCES: PROVIDING AN ORDINANCE OF THE ORDINANCES: PROVIDING CITY OF OCOEE.FLORIDA. FOR AN EFFECTIVE DATE. CITY OF OCOEE.FLORIDA, FOR AN EFFECTIVE DATE. ANNEXING INTO THE ANNEXING INTO THE CORPORATE LIMITS OF Set forth below is a-map CORPORATE LIMITS OF Set forth below is a,ma! THE CITY OF OCOEE. showing the area proposed to THE CITY OF OCOEE. showing the area proposed: FLORIDA, CERTAIN REAL be annexed. FLORIDA. CERTAIN REAL be annexed. PROPERTY CONTAINING . PROPERTY CONTAINING • • VAN LANDINGHAM VAN LANDINGHAM . :mama an Mai ad Farms Rosa.approximated 1.550 feet north ioratea on Marshal Fames Rasa.appranmateM 1.550 feet natfl a ire,nterseeaon of State Road 50 and Mannar Farms Road a the interaecodn of State Road 50 arm Marsnae Fame Road = ._.i 1 _ __.-.. _ .. --- _1. 1._ I • _ - - _ — � i \ L. . --. •--. \ ; : • . _ i . ?.I . - j . i .7. j i ' • 1 , til— - -.- - , The City Commission may appear at me meeting and be The City Commission may appear at me meeting and continue the public hearing to heard with respect to the continue the public hearing to heard with respect to.tr other dates and times as iney proposed Ordinance. Any other dates and times as they proposed Ordinance. Ar deem necessary. Any person who desires to appeal • deem necessary. Any person who desires to appe interested party snail be any decision made during the interested party shall be any decision made during V. advised tnat the dates,:Ines, public hearing will need a advised that the dates,times, public hearing will need and places 'of any record of the proceeding and and places of any record of the proceedinaar: continuation of this or for this purpose may need to continuation of this or for this purpose may.need ' continued public hearings ensure that averbaum record continued public hearings ensure that averbanrscdr shall be announced during of the proceeding is made tashall be announced during of the proceeding is ma, the hearing and that no wnich includes the testimony the hearing and that no which includes the testunc- further notices regarding and evidence upon which the further notices regarding and evidence upon which r these matters will be appeal is based. Persons these matters will be appeal is based.'Persc puolished. with disabilities needing published. with disabilities .naedi assistance to participate in assistance to participate A copy of the proposed any of the proceedings A copy of the proposed any of the proceeoir Ordinance, including a should contact the City Ordinance. including a should contact thfr"C complete legal description by Clerk's Office 48 hours in complete legal description by Clerk's Office,48 hours metes and bounds. may be advance of the meeting at metes and bounds, may be advance of the meeting inspected at the Ogee City (407)656.2322. inspected at the Ocoee City (407)656-23221 : Clerk's office. 150 Norm . Clerk's office, 150 North Lakeshore Drive. between JEAN GRAFTON. Lakeshore Drive, between JEANGRAFTON, . . the hours of 8:00 a.m. and CITY CLERK. the hours of 8:00 a.m. and CITY CLERK. • 5:00 p.m., Monday through CITY OF OCOEE 5:00 p.m., Monday through CITY OF OCOEE i, • Friday,except legal holidays. • Friday,except legal holidays.t„toroetarf nartias maul 3/5,3112/98 r- Interested parties may 315.3112198 , _•:„ •• The West Orange Times"Thursday;February'26; 1998. { .The Planning:and~Zon(ng • LEGAL Commission. may continue • -ClTY OF OCOEE_4:;r , ;the public.hearing to'other NOTICE OF PUBLIC-t 'dates:and,times as:they HEARING•OFTHE:=,, l -deem _necessary. :Any :PLANNING AND ZONING ; interested'party•shall_be; COMMISSION. = i -'advised that the.-dates;limes;; CONSIDER AN ="-•= •sandy_--places' of-1'any:I • APPLICATION.FORa4 •?coddnuation';of=:_.this- or 1 ANNEXATION AND:INITIAL, continued public;hearings ZONING is'- shall be'announcdd:.during . <F CASENO:AR-97-09.09:_-`,, ='the-'rhearing and;<that=no: , Van Landingham.;: turttier,notices%_•reaarding" -; :. -= •- - - • :these..,matters.--will ,be :NOTICE IS HEREBY GIVEN - published. pursuant'to'Sections 1-10 • -`' and. .5-9,: Ocoee Land ; . A copy of the application for . , Development Code, that on annexation and initial zoning Tuesday,March 10, 1998 at . and>;all--related.documents, • 7:30•,p.m.,: or-_`as soon Including.,a metes"-and thereafter as practical.•the bounds-legal description of CILY ._.ZOF _ .00OEE " the subject property,may be • PLANNING''AND-...ZONING ,inspected at the .Ocoee COMMISSION will hold.a Planning Department, 150 Public Hearing,at-the City " North•-Lakeshore Drive, Commission:Chambers;150 between the hours:of 8:00 North;Lakeshore Drive; a.m.,and:5.00 p.m.,.Monday Ocoee Florida;;td consider :- a titrough;Friday except legal -`petition for annexation and:a ' requestforLLinitial.zoning for _' , ,:_ . .: certairr•real•property located •Interested,.-.parties_r=,may .on::Marshall--.Farms Road, appear at the meeting and be approximatet',550.-feet heard: ;regarding..=_the_ north Orthe intersection:of. annexation•and initial zoning- State Road 50 and Marshall application and the proposed Farms Road.if approved,the recommendation_ _of the Annexation would Income = Planning and"-*Zoning the property:into-the, iity.of . Commission. Any, person Ocoee.and.•the;Rezoning • who desires.to appeal any. would'..establish:'_an•Oco:: decision made'during the .zonineof d:C=3,`;Genera ' public hearing will:need-a Commercial District for,th> :record of the proceeding and, 2:t3-•-acre -_parcel,-=as for this purpose may.need to requested,by-the props ensure that a verbatim record net of the proceedings is made which includes the testimony The Planning and -Zonin, and evidence upon which the commission will -:;make appeal is based.-Persons: 'recommendations-'-,to.;th• . with disabilities-needing Ocoee;City Commissiditas to assistance•to participate in thes-relationship. orKthe any of the proceedings. requested-'actions to the ; should contact_the:-City- Ocoee'Comprehensive Plan. . Clerk's-Office 48:hours 'in - • •Pursuant to Section 5.9(B)of 'advance of.the.meeting at the Land Development code;. - 407/655-2322...<: the Planning Director has - ' T -- -GRAFTON, d determined -that..a-the : CITY JEAN G requested gs zonin is consistent with the x Comprehensive Plan. — •.- • J I City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 03/11/98 Case Number: AR-97-09-09 VanLandingham 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 d the findings are summarized below. I. Planning Department: Home A. Applicant(s): Van Landinqham Trust, 1740 Carlton Street, Longwood, Florida, 32750 Contact Phone#: 407-831-9817 B. Property Location: 1. Parcel Id. No.: 19-22-28-0000-00-013 2. Street Address: 843 Marshall Farms Road 3. Legal Description:See Planning Department files for a legal description. 4. Directions: Approximately 900 feet southwest of the intersection of Marshall Farms Road and Maguire Road (extended). Located on the southeast side of Marshall Farms. 5. Size: 2.13 +/- acres C. Use Characteristics: 1. Proposed Residential Units: None. 2. Projected Population: None. 3. Existing Use: Single Family Home. 4. Proposed Use: Heavy commercial, possibly auto-related. This analysis is based on an auto-related/commercial use with approximately 15,000 to 20,000 square feet. 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. Requested City of Ocoee Zoning Classification: C-3, General Commercial 4. Proposed City of Ocoee FLU Designation: Commercial 5. Consistent With: Comp Plan?? Yes. JPA?? Yes. 6. Comp Plan Amendment Required? No. When? N/A II. Fire Department: Chief Strosnider A. Estimated Response Time: Three to four minutes. B. Distance Traveled (to property): One and a half miles. C. Nearest Fire Hydrant (state location in feet or name intersection): 300 feet. D. Fire Flow Requirements: The existinq hydrant meets fire flow requirements. E. Comments: None. ■ - Pagel - ■ • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 03/11/98 Case Number: AR-97-09-09 VanLandingham Ill. Police Department: Chief Mark A. Estimated Response Time: Three to four minutes. B. Distance Traveled (to property): One and a half miles. C. Police Patrol Zone: South. IV. Finances: Home A. Theoretical Assessed Value: $730,010.00 (theoretically a 19,070 square foot commercial bldg.) B. Estimated City of Ocoee Ad Valorem Tax Revenue: $2,920.04 C. Anticipated Licenses & Permits: $8,627.80 D. Total Projected Revenues: $11,547.84 (plus $218,710 in estimated impact fees) V. Utilities: Shira A. Potable Water Issues: , 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? Water line is along Marshall Farms Road. 3. Size of Water Main? 10 inches. 4. Water Demand (300 gpd per ERU)? Determined at the time of site plan approval. 5. Can City Service this Property? Yes. 6. Extension Needed? No. 7. Developer Agreement Needed? Not for utility issues. B. Sanitary Sewer Issues: 1. In Ocoee Service Area? Yes. 2. Distance to Nearest Line? There are no gravity sewer lines nearer than Denny's on S.R. 50. There is a force main on Maguire Road. 3. Size of Sewer Main? 10 inches. 4. Sewer Demand (270 gpd per ERU)? To determined at the time of site plan approval. 5. Can City Service this Property? Yes. 6. Extension Needed? Yes. 7. Developer Agreement Needed? Not for utility issues. C. Other Utility Issues: Bob Smith 1. Utility Easement Needed? No. 2. Private Lift Station Site Needed? Possibly, to be determined at site plan approval. 3. Well Protection Area Needed? No. 4. Other Comments: None. • - Page2 - • City of Ocoee Planning Department Annexation Feasibility & Public Facilities Analysis Date: 03/11/98 Case Number: AR-97-09-09 VanLandingham VI. Transportation: Friel A. Paved Access to Property? Yes. Describe: Marshall Farms Road (north of State Road 50). B. ROW Dedication?Yes. Specify: Existing right-of-way is 60 feet. An additional 20 feet will be required on the east and west sides in order to accommodate the need for future widening. C. Traffic Study: Possibly required as part of site plan approval process. D. Traffic Zone: 538. E. Other Traffic Improvements Needed: None. VII. Preliminary Concurrency Evaluation: Friel A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. B. Parks/Recreation: Not required for a commercial use. C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater retention on-site. E. Solid Waste: The applicant must make arrangements with a local commercial solid waste provider and hazardous waste provider, if applicable. F. Potential Impact Fees: The following fees are given for illustrative purposes only and are based on a theoretical 15,000 square foot building. Actual impact fees will be calculated during the site plan approval process. 1. Water: $30,900 4. Traffic: $86,400 (retail) 2. Sewer: $91,700 5. Police: $1,460 3. Irrigation: $2,400 6. Fire: $5,850 (District 3) E. Other Issues: None. VIII. Building Department: Flippen/ Harper A. Anticipated Licenses & Permits: $8,627.80 (based upon an estimated building of 19,170 square foot building - assessed at $670,950). B. Within 100 year flood plain: No. IX. Specify Other Comments & Considerations Below: C:WII Data\AHPDFILE\ANX-REZ\Active\VANLANDI\ANFinal.doc • - Page 3 - • C PLAT OF SURVEY SHEET I OF LEGAL DESCRIPTION: • THAT PART OF: BEGIN ON THE NORTH BOUNDARY LINE OF THE SOUTHWEST a OF THE SOUTHEAST } OF SECTION 19, TOWNSHIP 22 SOUTH, RANGE 28 EAST, AT A POINT 13 CHAINS AND 43 - LINKS FROM TILE NORTHWEST CORNER; THENCE SOUTH 43 DEGREES WEST 6 CHAINS AND 46 LINKS; THENCE SOUTH 15 CHAINS AND 30 LINKS TO THE SECTION LINE; THENCE EAST ON THE SECTION LINE 11 CHAINS; THENCE NORTH 20 CHAINS MORE OR LESS TO THE NORTH BOUNDARY OF SAID 40 ACRES; THENCE WEST 6 CHAINS AND 47 LINKS TO THE POINT OF BEGINNING, CONTAINING 20 ACRES MORE OR LESS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: e�fC OF--1 UMW(IIRE OCOEE- u(PREVIOUSLY J°uN) BEGIN AT A POINT 274 FEET SOUTH 41° 55' 07"WEST OF THE INTERSECTION OF THE NOM'. F°pv,J NORTH FORTY LINE OF THE ABOVE DESCRIBED PROPERTY AND THE SOUTHEAST RIGHT— LINE OF—WAY LINE OF MARSHALL—FARMS ROAD, PREVIOUSLY KNOWN AS OCOEE—BEULAH, HARD I ITERS ov ECTION ROAD; THENCE NORTH 88°54' 54"EAST TO THE CENTERLINE OF A CERTAIN COUNTY / DRAINAGE DITCH, ALSO BEING THE NORTHWEST BOUNDARY OF OCOEE COMMERCIAL PARK, / AS RECORDED IN PLAT BOOK 26, PAGES 135 AND 136, PUBLIC RECORDS OF ORANGE F'- /' COUNTY, FLORIDA, 935 FEET MORE OR LESS; THENCE RUN PARALLEL TO SAID RIGHT—OF cr • WAY LINE, ALONG SAID CENTERLINE OF DITCH SOUTH 41° 55' 07''WEST 137 FEET; THENCE rf • SOUTH 88° 54' 5'"WEST TO SAID RIGHT—OF—WAY LINE OF MARSHALL—FARMS ROAD 935 FEET MORE OR LESS; THENCE ALONG SAID RIGHT—OF—WAY LINE NORTH 41° 55' 07"EAST 137.00 > FEET TO THE POINT OF BEGINNING. SAID PROPERTY LYING IN ORANGE COUNTY, FLORIDA. • CONTAINING 2.2 ACRES MORE OR LESS. NOT PLATTED P3L- / - N.BB°54'54"E. 935'± 'PC[UUCG"�" BI0.IB' �N P.U.L . ,;:,/ / .\ CEm EI311KM GE // 4. -\. �4 .` Z.2' F.C.! 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