HomeMy WebLinkAboutVII (A) Ordinance No. 2002-15 Annexation Petition Case No. AX-2002-07-02 AGENDA 6-04-2002
Item VII A
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
O OCe S.SCOTT VANDERGRIFT
COMMISSIONERS
O # o CITY OF OCOEE DANNYHOWELL
JI 150N LAKESHORE DRIVE SCOTT ANDERSON
0
- or ¢ OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
NANCY J.PARKER
O (407)905-3100
rCRY MANAGERG. �+ JIM GLEASON
r4 or Goo* J)
MEMORANDUM
DATE: June 4, 2002
TO: The Honorable Mayor and City Commissioners
FROM: Dennis R. Foltz, AICP, Principal Planner Dr��,y
THROUGH: Russ Wagner, AICP, Director of Planning I�
SUBJECT: Annexation Petition -Ordinance 2002-15
ACJR Investments, Inc. (Maguire Road Self Storage)
Case Number AX-2001-07-02
ISSUE:
Should the Mayor and City Commission adopt Ordinance 2002-15 approving the subject
annexation?
BACKGROUND:
The subject property is located approximately one block north of Roberson Road on the west
side of Maguire Road. The 4.92 +/- acre parcel is vacant except for mini warehouses in Phase I
and is owned by ACJR Investments. The subject property is designated Professional Services
on the City Future Land Use Map and Joint Planning Area Map. The applicant has requested
an Ocoee Land Use Designation of Commercial and a zoning classification of PUD. The
applicant has submitted applications for the Land Use and Zoning per an approved pre-
annexation agreement. (attached) A portion of the property has been developed under County-
approved development plans that have been modified by the City. The reason the annexation
petition is moving forward by itself is that the pre-annexation agreement provides that
development of the property may continue under these modified plans, with the stipulation that
applications for appropriate Land Use, Zoning and JPA amendments are voluntarily petitioned.
These applications have been received for processing by the City.
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 it abuts the
City limits along its northern property line. Since the property is contiguous to the city limits, the
property is being considered for annexation as outlined in the JPA Agreement. Thus, the
requested annexation is consistent with the JPA Agreement, State annexation criteria, and the
standards established by the City. Orange County was notified of the annexation and we have
received no comment.
Page 2
The Honorable Mayor and City Commissioners
June 4, 2002
DISCUSSION:
Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon
the projected impacts of the proposed use. We have determined that the City can adequately
provide a full range of urban services to the subject property. Typically, an annexation request
would be accompanied by an annexation agreement to address utility and right-of-way issues.
However, the subject parcel is the subject of a pre-annexation agreement.
The 2002 assessed value of the subject property is $1,465,029.
DEVELOPMENT REVIEW COMMITTEE
On May 13, 2000, the Development Review Committee met to consider the ACJR Investments,
Inc. (Maguire Road Self Storage) Annexation request. Staff unanimously recommended that the
Planning and Zoning Commission recommend approval of the requested annexation petition and
that the applicant be advised of a potential 100-year flood plain issue within Phases 2 and 3.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On May 29, 2002, the Planning and Zoning Commission held a public hearing to consider the
ACJR Investments, Inc., Annexation. No one spoke in favor or opposition to the request. Major
items of discussion from the P&Z Commission included:
• What modifications were made to the County-approved Site Plan? — It was explained that
although Phase I was completed, City regulations would apply to later Phases.
• Why was the Land Use proposed "Commercial" and the Zoning proposed "PUD?" — It was
explained that the use is not allowed under the City's current "Professional Services" Land
Use and the only "straight" Commercial Zoning under which the use is allowed is C-3
(Heavy Commercial); thus, PUD Zoning affords the City more control for the future.
Upon further discussion and deliberation, the Planning and Zoning Commission unanimously
recommended approval of the annexation.
STAFF RECOMMENDATION:
Based on the recommendations of the Development Review Committee and the Planning and
Zoning Commission, staff respectfully recommends that the Mayor and City Commissioners adopt
Ordinance 2002-15 approving the ACJR Investments, Inc., Annexation, Case Number AX-2001-
07-02.
Attachments: Annexation Feasibility& Public Facilities Analysis
Ordinance 2002-15
Location Map
Pre-Annexation Agreement
O:\planning\dfoltz\projects\magui reselfstorage\ccan nexationrpt
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: May 8, 2002 Case Number: AX-2001-07-02
Maguire Self Storage
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: Foltz
A. Applicant(s): ACJR Investments, Inc., 71 E. Church Street, Suite 200, Orlando, FL
32801
Contact Phone #: 407-839-6000, ext. 101
B. Property Location:
1. Parcel Identification: 21-22-28-0000-00-036, 31-22-28-0000-00-027, 31-22-28-0000-00-040
2. Street Address: 716 Maguire Road
3. Legal Description: See Planning Department files for a legal description.
4. Directions: West side of Maguire Road approx. 1 block north of
Roberson/Moore Rd.
5. Size: 4.92+/- acres
C. Use Characteristics:
1. Proposed Uses: Personal Storage Facility
2. Projected Population: None.
3. Existing Use: vacant
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification: C=3
2. Orange County FLU Designation: Commercial
3. Requested City of Ocoee Zoning Classification: Commercial (anticipated)
4. Proposed City of Ocoee FLU Designation: PUD (Anticipated)
5. Consistent With: Comp Plan?? No. JPA?? NO.
6. Comp Plan Amendment Required? Yes. When? After Annexation
II. Fire Department: Chief Strosnider
A. Estimated Response Time: One minute
B. Distance Traveled (to property): 500 feet.
C. Nearest Fire Hydrant: 100 feet
D. Fire Flow Requirements: 500 qpm (1,100 qpm is available)
E. Comments: None.
Ill. Police Department: Chief Mark
A. Estimated Response Time: Two minutes.
B. Distance Traveled (to property): 200 Yards
C. Police Patrol Zone: South
- Page 1 - A-
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: Mav 8, 2002 Case Number: AX-2001-07-02
Maguire Self Storage
IV. Finances: Foltz
A. Latest Assessed Value: $1,465,029 (2002) _
B. Estimated City of Ocoee Ad Valorem Tax Revenue: $6,944.24
C. Anticipated Licenses & Permits: $132,000
D. Total Projected Revenues: $138, 944.24
V. Utilities: Shira
A. Potable Water Issues:
1. In Ocoee Service Area? Yes.
2. Distance to Nearest Line? Along Maguire Road frontage
3. Size of Water Main? 16 inches
4. Estimated Water Demand? 300 gal per day (1 ERU)
5. Can City Service this Property? Yes.
6. Extension Needed? No
7. Developer Agreement Needed? No
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? Yes.
2. Distance to Nearest Line? Along Maguire Road Frontage
3. Size of Sewer Main? 12 inches
4. Estimated Sewer Demand? 270 gal per day (1 ERU)
5. Can City Service this Property? Yes
6. Extension Needed? No
7. Developer Agreement Needed? No
C. Other Utility Issues: Shira
1. Utility Easement Needed? No
2. Private Lift Station Site Needed? Yes
3. Well Protection Area Needed? No
4. Other Comments: None.
- Page 2 -
City of Ocoee Planning Department
Annexation Feasibility & Public Facilities Analysis
Date: May 8. 2002 Case Number: AX-2001-07-02
Maguire Self Storage
VI. Transportation: Foltz
A. Paved Access to Property? Yes.
Describe: Directly onto Maguire Road
B. ROW Dedication? N.A.
Specify: N.A.
C. Traffic Study: N.A.
D. Traffic Zone: 214.
Other Traffic Improvements Needed: NA.
A. VII. Preliminary Concurrency Evaluation: Foltz
A. Transportation: At the time of the analysis, Maguire Road was under construction for
wideninq to four lanes with an anticipated completion date of autumn 2002. Adequate capacity
should be available for the proposed use.
B. Parks/Recreation: N.A. (not a residential use.)
C. Sewer/Water Capacity: At the time of the analysis, sufficient sewer and water capacity
existed to accommodate the proposed annexation in adequate quantities to the site
D. Stormwater: The applicant will be required to handle stormwater retention on-site.
E. Solid Waste: At the time of the analysis, sufficient solid waste disposal capacity existed to
accommodate the proposed annexation.
F. Potential Impact Fees: The following fees are theoretical and are shown here for illustrative
purposes only and are based on one ERU for a 1,500 sq. ft of apartment. There is no
water/sewer service to the warehouse portions of the development.
1. Water: $966
2. Sewer: $2,865
3. Traffic: $31,167.73
4. Police: $2,732.00
5. Fire: $7,891.30
6. School: not applicable.
7. Recreation: not applicable.
VIII. Building Department: Velie/ Harper
A. Anticipated Licenses & Permits: $132,000.00
B. Within 100 year flood plain: No.
IX. Specify Other Comments & Considerations Below:
None.
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�- - Page 3 - -
ORDINANCE NO 2002-15
CASE NO. AX-2001-07-02; Maguire Mini Storage (ACJR Investments)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE
CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED ON
MAGUIRE ROAD, APPROXIMATELY 1 BLOCK NORTH OF THE
INTERSECTION OF ROBERSON ROAD AND MAGUIRE 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
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.
WHEREAS, this annexation is pursuant to and consistent with that certain Pre-
Annexation Agreement, dated April 16, 2002, between the City of Ocoee and ACJR
Investments, Inc. and recorded in Official Records Book 6510, Page 5760, Public Records of
Orange County, Florida.
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.
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 6. 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. 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 , 2002.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
JEAN GRAFTON, CITY CLERK S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED JUNE 6 & 13, 2002
READ FIRST TIME JUNE 4, 2002
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 , 2002.
FOLEY & LARDNER
By:
City Attorney
O\dfoltz\protects\maguireroadselfsforage\annenord
EXHIBIT A
METES AND BOUNDS LEGAL DESCRIPTION
LAND DESCRIPTION:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH %2 OF THE SOUTHEAST Un OF
THE NORTHEAST IA OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST.
ORANGE COUNTY, FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD
RIGHT-OF-WAY), BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:
METES AND BOUNDS DESCRIPTION:
BEGIN AT THE NORTHWEST CORNER OF THE NORTH 'h OF THE SOUTH Y2 OF
THE NORTH ' OF THE SOUTHEAST IA OF THE NORTHEAST IA OF SALD SECTION
31; THENCE NORTH 89°29'11" EAST ALONG THE NORTH LINE OF THE NORTH 'h
OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST Y4 OF THE
NORTHEAST IA OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE
SOUTH 00°21'59" EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD,
167.54 FEET; THENCE SOUTH 89°30'11" WEST ALONG THE SOUTH LINE OF THE
NORTH 1/2 OF THE SOUTH Y OF THE NORTH 1/2 OF THE SOUTHEAST IA OF THE
NORTHEAST IA OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE
NORTH 00°14'50" WEST ALONG THE WEST LINE OF THE NORTH Y OF THE
SOUTH 1/2 OF THE NORTH 'h OF THE SOUTHEAST IA OF THE NORTHEAST IA OF
SAID SECTION 31, A DISTANCE OF 167.17 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES,
MORE OR LESS.
PARCEL ID NUMBERS:
31-22-28-0000-00-036, 31-22-28-0000-00-027, 31-22-28-0000-00-040
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EXHIBIT B
ACJR INVESTMENTS ANNEXATION
CASE NUMBER AX-2001 -07-02
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal,Esq.
FOLEY&LARDNER
III North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
- Jean Grafton,City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee,Florida 34761
Tax Parcel Identification Number(s):
31-22-28-0000-00-036
31-22-28-0000-00-027
31-22-28-0000-00040
PRE-ANNEXATION AGREEMENT
(AIAGUIRE SELF STORAGE)
THIS PRE-ANNEXATION AGREEMENT (the "Agreement") is made and entered into
this Flo day of APRIL ,2002,by and between the CITY OFOCOEE, aFlorida
municipal corporation,whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 31761
(the "City") and ACJR INVESTMENTS, INC., whose mailing address ie 71 E. Church Street,
Suite 200, Orlando, Florida 32301 (the "Owner").
W ITN ESSETH:
WHEREAS,the Owner owns certain real property located in unincorporated Orange County,
Florida consisting of approximately 4.92 acres located at 716 Maguire Road, Tax Parcel
Identification Numbers 31-22-2S-0000-00-036,31-22-28-0000-00-02, and 31-22-28-0000-00-040
as more particularly described in Exhibit "A" attached hereto and by this reference made a pan
hereof(the "Property"); and
WHEREAS, the Property is located within the Joint Planning Area as defined in Joint
Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may
be amended from time to time (the "Joint Planning Area Agreement") and is contiguous to the
corporate limits of the City; and
WHEREAS, the Property is located within the City water territorial area as set forth in the
Territorial Agreement(as defined below); and
WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to
the terms, conditions and limitations hereinafter set forth, that the City shall either provide water
service to the Property prior to annexation of the Property into the City or, to the extent reasonably
practicable, expedite the annexation of the Property into the City; and
WHEREAS, in consideration of the City providing such water service to the Property and
in consideration of other matters set forth in this Agreement, the Owner desires to voluntarily
petition the City to annex the Property pursuant to Section 171.044, Florida Statutes; and
WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition
- for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and
WHEREAS, Owner has previously obtained from Orange County, Florida (the "County")
approval of the following plans in accordance with the applicable requirements of the County: (1)
"Site Plan, Paving & Drainage Windemsere Mini-Storage" consisting of 3 pages and stamped Plan
Review Control Number B97902387, Date 2-21-01, with each page bearing an Orange County
Building Division Commercial Plans Review Division approval stamp,undated; and, (2)Building
Plans for Windemiere Mini-Storage, bearing control numbers B00901175 and 2208-10 and date
stamped as approved 5/2/01 (the "Approved County Plans"); and
WHEREAS,pursuant to the Approved County Plans,the Owner is constructing in three(3)
phases a self storage facility on the Property(the "Project"); and
WHEREAS, in connection with the annexation of the Property,the Owner intends to apply
to the City for a zoning designation consistent with the use of the Property for the Project; and
WHEREAS, Owner has previously obtained from the County building permits tits to construct
Phase 1 and has constructed Phase 1 of the Project and has paid to the County all applicable impact
fees in connection therewith; and
WHEREAS, Owner reasonably and in good faith anticipates that building permits will be
issued by the County for Phase 2 upon confirmation that the Project can connect to the City's water
system and upon payment of applicable County impact fees; and
WHEREAS, Owner desires to complete development of the Project in accordance with the
Approved County Plans without regard to the annexation of the property into the City; and
WHEREAS,the City is agreeable to allowing the Proj ect to be completed in accordance with
the Approved County Plans subject to certain modifications being made as set forth herein; and
WHEREAS,the City and Owner desire to address in this Aweement certain matters related
to the terms and conditions under which water service will be provided to the Property and certain
7
terms and conditions related to the annexation and development of the Property in the event of
annexation into the City.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth herein and other good and valuable consideration the receipt of which is hereby
acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as
follows:
Section 1. Recitals. The Recitals set forth above are true and correct and by this reference
-are incorporated herein as part of this Agreement.
Section 2. Annexation.
A. The Owner and the City acknowledge and agree that this Agreement constitutes a
petition for the voluntary annexation of the Property pursuant to Section 171.044,Florida Statutes.
B. The Owner shall within thirty(30) days from the Effective Date of this Agreement
(i) execute all applications and documents required by the City in order to process the Owner's
petition for voluntary annexation including,but not limited to, the Application for Annexation and
Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial
Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with
the petition for voluntary annexation and rezoning with a pre-annexation agreement as required by
the City; and (ii i)provide all documentation required by Florida law, including, but not limited to,
Section 177.044, Florida Statutes, for the voluntary annexation of the Property. Following the
Owners compliance with the foregoing,the City shall process this petition for voluntary annexation.
C. The Owner acknowledges and agrees that this Agreement does not in any way
obligate or require the City to annex the Property or grant to the Owner any particular zoning which
may be requested in connection with such annexation.
D. The Owner acknowledges and agrees that any zoning granted to the Owner in
connection with the Property shall be consistent with the terms and conditions of the Joint Planning
Agreement as it may be amended from time to time.
E. The Owner shall not be entitled to withdraw the petition for voluntary annexation
unless the City proposes a zoning classification for the Property which would preclude the use of the
Property for the Project.
F. The City acknowledges and agrees that the City's assurance to the Owner that this
Agreement is enforceable against the City and that the City will not seek to thwart enforcement based
on any claim of invalidity,are material inducements to the Owner to enter into this Agreement and
Owner would not voluntarily annex into the City of Ocoee or enter into this Agreement but for such
agreement and assurances by the City.
3
G. The Owner acknowledges and agrees that the Owner's assurance to the City that this
Agreement is enforceable against the Owner and that the Owner will not thwart enforcement based
on any claim of invalidity,are material inducements to the City to enter into this Agreement and City
would not enter into this Agreement but for such agreement and assurances by the Owner.
Section 3. Development of the Property.
A. Prior to annexation into the City, the Owner hereby agrees to develop the Property
and the Project in accordance with the Approved County Plans and this Agreement. The parties
hereto acknowledge that Phase I of the Project has been completed in accordance with the Approved
County Plans. The Approved County Plans are hereby incorporated herein by reference as if fully
set forth herein.
B. The City agrees that upon annexation into the City Owner may develop the Property
and the Project in accordance with this Agreement and the modified site plan attached hereto as
Exhibit`B"and incorporated by this reference herein, and which consists of three (3)pages which
depict the site plan originally approved by Orange County but which incorporate the modifications
to the Approved County Plans required by the City (the "City Required Plan Modifications") for
development of the Project in the City. In recognition that development of the Project has
commenced in the County prior to annexation,the City hereby approves the Approved County Plans,
as modified by the City Required Plan Modifications(the"Approved City Plans"). The City further
agrees that so long as the Project is developed in accordance with the Approved City Plans, that it
shall be considered to be a legal conforming use and a legal conforming structure under the Ocoee
City Code and that the City will issue building permits and certificates of occupancy with respect
thereto. In the event of any confliet(s)between the Approved City Plans and the Ocoee City Code,
it is hereby expressly agreed that this Agreement shall constitute a waiver of such conflict(s) and the
Approved City Plans shall control. Notwithstanding the foregoing,to the extent the Florida Building
Code would control if the Project were developed in the County it is agreed that the Florida Building
Code shall control in the event of any conflict with the Approved County Plans. Further, and
notwithstanding anything to the contrary herein contained,Cityhereby expressly acknowledges that,
due to market demand,Owner may wish to revise the unit size mix (e.g.,converting two 100 square
foot units into one 200 square foot unit or vice versa) for Phase 3 of the Project. City expressly
agrees that so long as the total square footage of Phase 3 is not increased and that all constructed
units comply with the Approved City Plans(but for the number of units), the City will not use such
proposed conversion as an opportunity to re-visit the Approved City Plans or seek additional
landscaping or other conditions of approval from the Owner.
C. Upon annexation of the Property, the Owner hereby agrees to develop the Property
and the Project in accordance with the Approved City Plans subject to the terms and conditions of
this Agreement.
D. If annexation of the Property is completed prior to the time Owner pays his impact
fees to the County for Phase 2 and pulls County building permits, the Owner shall develop Phase 2
4
it
of the Project in the City and pay all applicable impact fees, building permit fees, capital charges,
and other fees and charges imposed by the City which may be associated with the development of
Phase 2 of the Project. The Owner shall develop Phase 3 of the Project in the City and-pay all
applicable impact fees,building pennit fees,capital charges,and other fees and charges imposed by
the City which may be associated with the development of Phase 3 of the Project and any subsequent
phases.
Section 4. Water Service for Fire Protection.
A. Subject to the terms,conditions and limitations set forth in this Agreement, the City
- agrees that prior to annexation it will provide water service to the Property upon compliance by the
Owner with all applicable regulations of the City and the payment all fees, water capital charges,
costs and expenses associated therewith.
B. The parties acknowledge that the County has previously approved, subject to
submittal of final construction plans therefore, the construction of a water tank on the Property as
part of Phase 2 of the Project. In consideration for the City providing the water services provided
for herein,the Owner acknowledges and agrees that neither Owner nor its successors or assigns shall
construct a water tank or similar struchtre on the Property. The foregoing is a material inducement
to the City to enter into this Agreement.
C. This Agreement does not in any way reserve any water capacity or guarantee the
availability thereof.
D. The Owner acknowledges and agrees that for so long as the Property is not located
within the corporate limits of the City, the water capital charge and monthly rates and charges for
water service as established by the City from time to time shall be charged at the same rate charged
to consumers within the corporate limits of the City plus a surcharge as provided in the Code of
Ordinances of the City. The Owner agrees to pay all such charges for water service and surcharges
as required by the City.
Section 5. Owner Monetary Contribution. As amaterial inducement to the City to enter
into this Agreement and provide water service to the Property prior to annexation,the Owner hereby
agrees that, if the Owner pulls permits from the County for the constntction of Phase 2 the Owner
shall contribute to the City the sum of Forty Thousand and No/100 Dollars(540,000.00)(the"Owner
Monetary Contribution").The Owner Monetary Contribution constitutes a payment in lieu of road,
police and fire impact fees for Phases 1 and 2 of the Project which has been or will be developed in
the County. The Owner Monetary Contribution shall be paid into the following accounts of the City
and shall be treated the same as impact fee payments made into such accounts: (a)Road Impact Fee
Account: S20,168.00;(b)Fire Impact Fee Account: S 14,784.00; and(c)Police Impact Fee Account:
55,048.00. The Owner Monetary Contribution shall be paid in full prior to connection of the
Property to the City water system. In the alternative, if the annexation of the Property is completed
in time for the Owner to pull permits for the construction of Phase 2 from the City of Ocoee, then
5
the Owner shall contribute to the City the sum of Forty Thousand and No/100 Dollars (S40,000.00)
less the total amount of impact fees the Owner has paid to the City in order to pull any and all
necessary permits to construct Phase 2 of the Project (the "Alternative Owner Monetary
Contribution").The Alternative Owner Monetary Contribution constitutes apayment in lieu of road,
police and fire impact fees for Phase 1 of the Project which has been developed in the County. The
Alternative Owner Monetary Contribution shall be paid to the City and paid proportionately into the
following accounts of the City and shall be treated the same as impact fee payments made into such
accounts: (a) Road Impact Fee Account (50.42%); (b)Fire Impact Fee Account (36.96%); and (c)
Police Impact Fee Account (12.62%). Either the Owner Monetary Contribution or the Alternative
Owner Monetary Contribution, as hereinbefore provided, shall be paid in full prior to connection of
the Property to the City water system. Neither the Owner nor any other person or entity shall be
entitled to any impact fee credits or other compensation of any kind for, on account of, or with
respect to the Owner Monetary Contribution or the Alternative Owner Monetary Fee Contribution,
it being agreed that the Owner Monetary Contribution or the Alternative Owner Monetary Fee
Contribution is being voluntarily contributed by Owner to the City in order to mitigate the
transportation,fire and police impacts arising from or in any way relating to Phase 1 and,in the event
of pa}ment of the Owner Monetary Contribution, Phase 2 of the Project. It is expressly agreed that
the neither the Owner Monetary Contribution nor the Alternative Owner Monetary Contribution shall
be reimbursable to the Owner by the City or by any other person or entity.
Section 6. Agreement Runs Rh the Land. In consideration of the City providing water
service to the Property prior to annexation.the Owner and the City acknowledge and agree that this
Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the
parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the
benefit of, the parties hereunder and their respective successors in title.
Section 7. Representations by Owner. The Owner hereby\vatants and represents to the
City that the Owner currently owns fee title to the Property and has full power and authority to enter
into this Agreement and that the Property' is free and clear of all liens and encumbrances, except for
the lien of the mortgage referenced in the Joinder, Consent and Subordination attached hereto.
Section 8. Notices. Any notice required to be given hereunder shall be in writing and shall
be delivered in person or by certified mail,postage paid,return receipt requested as follows. If such
notice is to be given to the City, such shall be given at the address set forth above. If such notice is
to be given to the Owner, such shall be given at the address shown in the tax collector's records for
the Tax Parcel Identification Numbers set forth above with a copy to Scott A. Glass, Esq.,P.O. Box
4956, Orlando,FL 32802-4956. Any notice,direction or other communication delivered or mailed,
as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or,
if delivered personally, when received.
Section 9. Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY
WVITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH
FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE
6
CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE
PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH
DISCONNECTION AND TERMINATION OF\VATER SERVICE ANDEXPRESSLY WAIVES
ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH
WATER SERVICE BY THE CITY.
OWNER'S INITIALS:
Section 10. indemnification.
• A. The Owner hereby agrees to indemnify and save the City harmless from and against
all losses, costs, expenses, claims, damages,judgments, liabilities and causes of action whatsoever
(collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at
appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned,
in whole or in part,by the exercise of the City of its rights granted hereunder. The Owner shall use
its best efforts to promptly notify the City in writing of any Claims and shall provide the City with
information regarding the Claims as the City may reasonably request, but the failure to give such
notice or provide such information shall not diminish the Owner's obligations under this Section.
Section 11. Recording. The Owner acknowledges and agrees that the City shall record this
Agreement in the Public Records of Orange County,Florida, and the Owner agrees to pay ail costs
associated therewith.
Section 12. Territorial Agreement. The references herein to the Territorial Agreement
refers to the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No.
W-88-06), dated November 14, 198S, as amended.
Section 13. Further Documentation. The parties agree that at anytime following arequest
therefor by the other party, each shall execute and deliver to the other party such further documents
and instruments, in form and substance reasonably necessary to confirm and/or effectuate the
obligations of either party hereunder.
Section 14. Miscellaneous.
A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE
PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF
CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
B. The Property shall be deemed a single parcel and any subparcels of the Property
which are created by subdivision or by any other means shall be subject to the terms and conditions
of this Agreement, subsequent sale and individual ownership notwithstanding.
7
C. For all purposes of this Agreement, the Effective Date hereof shall mean the date
when the last of the City or the Owner has executed the same, and that date shalt be inserted at the
top of the first page hereof
D. This Agreement may not be modified or amended, or any tern or provision hereof
waived or discharged except in writing, in recordable form, signed by the panics hereto, or their
respective successors and assigns. Any such modification or amendment shall not be effective until
recorded in the Public Records of Orange County,Florida.
-. E. This Agreement shall be construed and enforced in accordance with, and governed
by, the laws of the State of Florida.
F. All of the terms of this Agreement, whether so expressed or not, shall be binding
upon the respective successors,assigns and legal representatives of the parties hereto and shall inure
to the benefit of and he enforceable by the parties hereto and their respective successors, assigns and
legal representatives.
G. The headings of this Agreement are for reference only and shall not limit or otherwise
affect the meaning thereof
H. In the event the either party institutes a legal proceeding against the other party, to
enforce the terms of this Agreement or for breach of any of the terms,conditions or covenants of this
Agreement or in the event of any litigation between the parties which arises out of this Agreement,
the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees,
paralegal fees and costs, both at the trial and appellate levels; provided, however, that
notwithstanding the foregoing and without regard to the prevailing party, the Owner shall bear its
own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in
connection with any proceeding in which the Owner seeks to challenge the validity or enforceability
of any provision of this Agreement
1. In the event a third party institutes a legal proceeding against the City and/or the
Owner, regarding the enforceability of this Agreement or any other matters arising out of or related
to this Agreement or the provision of water service,and such third party prevails, then in such event
the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but
not limited to attomeys' fees and paralegal fees at both the trial and appellate levels.
J. In addition to each and every remedy now or hereafter existing at law or in equity,
the parties hereto expressly agree that City shall have the right to enforce this Agreement by an
action for specific performance.
K. This Agreement embodies and constitutes the entire understandings of the parties with
respect to the subject matter hereof and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement.
8
L. Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in this Agreement.
M. This Agreement maybe executed in any number of counterparts,each of which shall
be deemed to be an original but all of which together shall constitute one and the same instrument-
N. If any word, sentence,phrase,paragraph, provision, or portion of this Agreement 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 hereof so long as the purpose and intent of this Agreement can still
be achieved.
0. The attached Exhibits are part of this Agreement as though fully set forth in this
Agreement.
IN WITNESS WHEREOF,the Cityhas caused this Agreement to be executed as of the day
and year first written above.
"CITY"
Signed, sealed and delivered
in the presence of: CITY OF OCOEE, a Florida municipal
corporation
oMQal �L fiQC By:_t�
Signature I S ott A'and rgrift, M .
•
ti11)A 10 rx.LOc Attest:
Print/Type Name J Grafton, ity Cl k
(SEAL)
Sicenature
MARYAN SREEN
Print/Type Name
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A .b.MEETING 0
APPROVED AS TO FORM AND UNDERHELAGENDA TTD J NO.02
0
LEGALITY J
this I` day of /0/n)I , 2002
9
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA. -
APPROVED AS TO FORM AND
LEGALITY
this /hdayof_ )I , 2002
FOLEY & ARDNER
61knZ4JBy:
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 acknowledgments, personally appeared S. SCOTT
V ANDERGRIFT and JEAN GRAFTON,personalty 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 I 1 day of
, 2002.
,nQ rob,
Signature of Notary
N ntt I-/(21?`l-w Lk>
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal): .-
My Commission Expires(if not legible on seal):
BRENDA MAXWELL
l..1Y CO IsSON -CC 6s i1
' - EXPIRES:January 32 {p[
:r a..xrry Nu,y Pue;..n._o.O:,m
10
APR-17-2002 WED 03:18 nil FAX L.
03
IN 1ti'ITNB S WA caused ERE OF,the Owner has this Agreement to be duly executed the
GJ'tdayofl.(( l..l: , 2002,
Signed, sealed and delivered "OVER"
in the presence of: ACM INVESThIENTS,INC.,
a Florida corporation
Signature By: `I,I, OC I)
N , 0 trV n ig(�K� Tari
P r Title: r , c�v.
Prin eNante
(CORPORATE SEAL)
Signature
a. wiyp r'arim
STATE OF l l
COUNTY OF 1
J
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
a d Cou aforesaid to take acknowledgments, personally appeared
as PP
INC., a FI lac ice_ corporation, who( �� e so }mof own
to mI or J E5TS,
[ is personally ]mown to me or [ produced]
as identification, and that he 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 by said corporation, 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 I of
f i , 2002. ? da Y
h ti •
Stgna ewpfiaYR2ryuCpnk
*}`.'S*My Commission CC797551
Expires December 17.2002
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal): `G e 5j5
My Commission Expires(If not legible on seel):_th I'1'(„�
II
JOINDER. CONSENT AND SUBORDINATION
The undersigned hereby certifies that AmSouth Bank, an Alabama Banking Corpofation is
the holder of a mortgage,lien or other encumbrance upon the above described property, and that the
undersigned hereby joins in and consents to the foregoing instalment and agrees that its mortgage,
lien or other encumbrance,which is recorded in Official Records Book 6427,Page 639 et seq.of the
Public Records of Orange County of Florida,shall be subordinated to the foregoing Pre-Annexation
Agreement between ACJR Investments, Inc. and the City of Ocoee.
IN WITNESS WHEREOF, t, e undersigned has executed this Joinder, Consent and
Subordination as of the IS- day of Pul , 2002.
Signed, sealed and delivered
in the presence of: ANISOUTH,
an Alabama Banking Corp.
. kk e„) By
r, /I
Signature
Title: t. -�'
/ iit e �i Y
Print/Type Name ✓
(CORPORATE SEAL)
lIeLTLA
Signature
Print/Type Name
STATE OF // /<<<`
COUNTY OF D//an.9 ft'
THIS IS TO CERTIFY, that on this /Syz day of Apn/ , 2002, before me, an
officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared
.�rtIs11LY l4! lag![//c!„ , as ✓etc -/9(e4 elent of /rj/1./'thth e(L I
who [ems personally knot to me or [ ] produced as identification, and that who
acknowledged that he as the individual described in and who executed the foregoing instrument and
acknowledged the execution thereof to be his/her free act and deed as such officer thereunto duly authorized,
that the official seal of said corporation is duly affixed thereto.
IN WITNESS WHEREOF, I have hereunto set my hand d and seal on the above date.
Signature of Notary
�y.., Helen E Gilroy Commission Number(if not legib seal):
My Com,rsssion 0D1050« My Commission Expires(if not legible on seal).
y*tarv` Expires AprI 01,2G06
12
EXHIBIT "A"
LEGAL DESCRIPTION
The North % of the South '/z of the North '/ of the
Southeast 1/4 of the Northeast 1/4, Section 31, Township
22 South, Range 28 East, Orange County, Florida (LESS
the East 40 Feet thereof for Road Right-of-Way).
ORLUOCS 10114129 2 SXG
•
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