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HomeMy WebLinkAboutVII (A1 a&b) First Reading of Ordinances: Maguire Road Self Storage, Inc; a. Ordinance No. 2003-15, Small Scale Comprehensive Plan Amendment & b. Ordinance No. 2003-16, Initial Zoning Agenda 4-15-2003 Item VII Al a&b Center of Good Lip. S�e -,�.+ '_—.... ,,:; +pg. Commissioners Mayor Danny Howell, District 1 S. Scott Vandergnft - . 1 `\^' Scott Anderson,District 2 `l /Ty Rusty Johnson, District 3 City Gleason � .��� Nancy J. Parker, District 4 •STAFF REPORT DATE: April 7, 2003 TO: Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Planner THROUGH: Russell B. Wagner, AICP, Community Development Director SUBJECT: Maguire Road Self Storage, Inc. Small Scale Comp Plan Amend. Case #SSPCA-2002-009 (Ord. 2003-15) Initial Zoning Case # RZ-01-07-02 (Ord. 2003-16) JPA Amendment SMALL SCALE COMPREHENSIVE PLAN AMENDMENT: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-15 approving a Small Scale Comprehensive Plan Land Use Map Amendment redesignation from "Professional Offices & Services"to"Commercial" for the Maguire Road Self Storage property? 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 partially developed with mini warehouses (Phases I & 2) and is owned by ACJR Investments. The City Commission adopted Ordinance 2002-15 on June 4, 2002 annexing the property into the City. A portion of the property has already been developed under County-approved development plans. As part of a pre-annexation agreement (attached), those plans have been modified by the City. DISCUSSION: This is a small scale comprehensive plan amendment involving the whole 4.92 acres. The subject property is designated Professional Offices and Services on the City Future Land Use Map and Joint Planning Area Map. Mini-warehouses are not an allowed use in areas with a Future Land Use Map designation of "Professional Offices & Services", which has prompted that Applicant to request a designation of "Commercial" where it is City of Ocoee• 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407)905-3100• fax:(407)656-3504 • was moot:thus Honorable Mayor and City Commissioners April 7, 2003 Page 2 of 5 allowed. With the pre-annexation agreement, the Applicant requested an Ocoee Future Land Use Designation of Commercial and a Zoning Classification of PUD. Accordingly, the Applicant has submitted applications to amend the Joint Planning Area Map, the Future Land Use Map and the Zoning for the property consistent with the approved pre- annexation agreement. The properties adjacent on the north are designated "Low Density Residential" and "Professional Offices & Services" on the JPA Future Land Use Map. The adjacent properties on west are designated "Low Density Residential", on the south the designation is "Professional Offices & Services" and across Maguire Road on the east side the designation is"Commercial". INITIAL ZONING: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-16 approving an Initial Zoning designation of PUD "Planned Unit Development" for the 4.92 acre of subject property? BACKGROUND: The present County zoning designation is C-3 'Wholesale Commercial District". The applicant has petitioned the City to give an initial zoning designation of PUD "Planned Unit Development" to the 4.92 acres of the subject property. The subject property is adjacent to property zoned (County) A-1 "Citrus Rural District" on the south side, PUD- Commercial "Planned Unit Development — Commercial" on the east side and P-S "Professional Offices & Services" on the north side of the subject property. The requested zoning designation of PUD "Planned Unit Development" is compatible with the applicant's request for a Future Land Use designation of"Commercial". DISCUSSION: The PUD Land Use Plan, date stamped October 16, 2002 indicates that the Maguire Road Self Storage project will consist of three phases with a series of rectangular buildings and aisle ways for access to individual storage stalls. At the west end to the rear of the property will be located a retention pond. There are no other land uses proposed other than the mini storage warehouses and the associated front business office for the mini storage facility. The Maguire Road Self Storage project began under the regulations and approvals were granted by Orange County. The approvals include: • Site Plan, Paving & Drainage Windermere Mini-Storage • Building Plans for Windermere Mini-Storage There are three (3) phases of the development of the self storage facility. Two phases have been completed. The owner had obtained County building permits to construct Honorable Mayor and City Commissioners April 7, 2003 Page 3 of 5 Phase I and received a Certificate of Occupancy. Building permits and a Certificate of Occupancy were issued by the City for Phase II Development. No building permits have yet been issued by the City for Phase III. City staff had requested additional landscaping beyond what Orange County requires, and the owner has agreed to install such additional landscaping. Staff conducted an on- site inspection in February and found that the additional landscaping was installed. The PUD Land Use Plan is consistent with the approved site plan that was attached to the Pre-Annexation Agreement. A Development Agreement consistent with the PUD outlines the Conditions of Approval. Except as set forth in the Pre-Annexation Agreement (dated April 16, 2002), the property is to be developed according to the standards in the C-2 Zoning District. PUD zoning was requested instead of a regular commercial zoning district designation because this use is not allowed under the City's current P-S "Professional Offices & Services" designation. The only "straight' commercial zoning under which the use is allowed is C-3 "General Commercial"which is located primarily around the S.R. 429 and the Florida Turnpike. JOINT PLANNING AREA AGREEMENT AMENDMENT: ISSUE: Should the Mayor and City Commissioners approve an Amendment to the Joint Planning Area Agreement changing the JPA Future Land Use Map designation from "Professional Offices & Services" to "Commercial"for the whole 4.92 acres of the subject property? BACKGROUND: On February 11, 1994, the City of Ocoee and Orange County entered into a Joint Planning Area Agreement. One of the functions of the JPA is the establishment of land use designations for properties located within the Joint Planning Area, but not currently within the municipal boundaries of the City. The applicant requests a different JPA Future Land Use Map designation other than which was agreed to between the City and Orange County. As a result a JPA Amendment is required as part of the approval process. The proposed JPA Amendment proposes to change the current JPA Future Land Use Map designation from "Professional Offices & Services" to "Commercial" on the subject property, and to change the JPA boundary to include the 4.92 acre parcel not originally included in the JPA FLUM. This Amendment to the JPA must be adopted by the Ocoee City Commission and Orange County Board of County Commissioners with the Ocoee City Commission approving the Amendment first. The Amendment is scheduled to be acted upon by the City Commission at their regular meeting of May 6, 2003. Honorable Mayor and City Commissioners April 7, 2003 Page 4 of 5 PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY RECOMMENDATION: On March 26, 2003, the Planning and Zoning Commission acting as the Local Planning Agency held public hearings and reviewed the applicant's requests to approve a Small Scale Comprehensive Plan Land Use Map Amendment redesignation from "Professional Offices & Services" to "Commercial", approve an Initial Zoning designation of PUD "Planned Unit Development", and approve an Amendment to the Joint Planning Area Agreement changing the JPA Future Land Use Map designation from "Professional Offices & Services" to "Commercial". Nobody from the public spoke on the issue of the Small Scale Comprehensive Plan Amendment or the Initial Rezoning or Amendment to the Joint Planning Area Agreement. There was discussion concerning the landscaping along the front of the property, and the PUD designation. Staff indicated that additional landscaping was installed and two trees were repositioned. The Local Planning Agency voted unanimously to recommend approval of a Small Scale Comprehensive Plan Land Use Map Amendment redesignation from "Professional Offices & Services" to "Commercial", subject to the approval of the Initial Zoning and an Amendment to the Joint Planning Area Agreement. The Planning and Zoning Commission voted unanimously to recommend approval of an Initial Zoning designation of PUD "Planned Unit Development", to include the conditions listed in the DRC report (already completed) and subject to approval of the Amendment to the Joint Planning Area Agreement. The Planning and Zoning Commission voted unanimously to recommend approval of an Amendment to the Joint Planning Area Agreement changing the JPA Future Land Use Map designation from "Professional Offices & Services" to"Commercial". STAFF RECOMMENDATION: Based on the recommendation of the Planning and Zoning Commission/ Local Planning Agency, Staff recommends that the Mayor and City Commissioners: 1. Adopt Ordinance 2003-15 approving a Small Scale Comprehensive Plan Land Use Map Amendment from "Professional Offices & Services" to "Commercial", and 2. Adopt Ordinance 2003-16 approving an Initial Zoning designation of PUD "Planned Unit Development", and 3. Approve a JPA Amendment changing the JPA Future Land Use Map designation for the 4.92 +/- acre parcel from "Professional Offices & Services" to "Commercial". Honorable Mayor and City Commissioners April 7, 2003 Page 5 of 5 Attachments: Location Map Pre-Annexation Agreement Development Agreement JPA Future Land Use Map of the Area Zoning Map of the Area Ordinance 2003-15 Ordinance 2003-16 O:\Staff Repods\2003\SR03041 CC.doc Location Map Maguire Road Self Storage PUD II � IHER CT lt ' � � J Au \ri11 [ I ', 11 l_ 1i ' Li I rT 1 I C- -1 kES_ BED 7, H [c;ji I lit / _ ‘_ ,---1 : 1 u,HLL HiiiH:FIlyNLL ilr, __) _ 5\ rini, \,..._ ; ; 7 11 rail 1 �-ri Ijp4sjiSVi LBm k CPKI AMS C1 i iFt1 1 ' —. G ' I 6 � 1IIIIII � ' '� eQ � tea ^ ! t Lr rty �� C ' C � j I1: L � Jk1 111'�I I` ✓1 i �, a BERSON RD. . -mQORE_RD I I LI i ��L�I LiCYRIT�� FH ZL SW, I-- 1(I r 1 L�j ttrU r 7I I (' I i _ M; 1� / C -r T TT r r �' I� — N III-�LIii t + Tii �, L( I '�1 �— L ; // L' s 0 _,it;_i),, L,/,r</()yiir-L_yllrJ, kH_ _. c,\ ,\._\_)Th,_;_ , �� I � r i i� —'-'�� Y�1. i� � � a 1 f Ill HMI OR BE E, 1el Pu 57E Orange Co FL 2002-0202069 04/2b/E002 03:59:46p3 Red 91. 50 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal,Esq. FOLEY&LARDNER Ill 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 (NIAGUIRE SELF STORAGE) THIS PRE-ANNEXATION AGREEMENT (the "Agreement") is made and entered into this /fy day of APRIL , 2002,by and between the CITY OF OCOEE, aFlorida municipal corporation,whose mailing address is 150North Lakeshore Drive,Ocoee,Florida 34761 (the "City") and ACM INVESTMENTS, INC., whose mailing address is 71 E. Church Street, Suite 200, Orlando, Florida 32301 (the "Owner"). W ITN E SS ET II: WI IE RE AS,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 31-22-28-0000-00-036, 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 part 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 it l I III MI IN BR Bk 6510 P99 5761 ❑canoe Co FL 2002-0202069 WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terns, 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 Windermere 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 Windermere Mini-Storage, bearing control numbers B00901175 and 2208-10 and date stamped as approved 5/2101 (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 desimat ion consistent with the use of the Property for the Project; and WHEREAS,Owner has previously obtained from the County building permits to construct Phase 1 and has constntcted 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 Project 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 Agreement certain matters related to the tents and conditions under which water service will be provided to the Property and certain 7 Il III IIII IIII III OR Bk 6510 Pu 762 Oranoe Co FL 2002-0202069 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 (iii) 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 Owner's 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, arc 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 IIiIi !IIIIIiI ORrage Co FL PP 5763 o n 20022 202 69 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 tins 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 conflict(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,City hereby 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 (in Rim III OR Bk C510 Pc 5764 Orange Co FL 2002-0202069 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 maybe 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 permit 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 constmction 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 structure 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. Sections. Owner Monetary Contribution. As a material 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 construction of Phase 2 the Owner shall contribute to the City the sum of Forty Thousand and No/100 Dollars(S40,000.00)(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: S5,048.00. 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 I DR Bk 651 el Po 57S Orange Co FL 2002-0202069 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 a payment in lieu of road, police and fire impact fees for Phase I 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 oC 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 payment 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 with 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 warrants 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 collectors 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 WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE 6 IIII1111111111IIIIIII. OR Bk E, 10 Pq 5766 Orange Co FL 2002-0202069 CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE AND EXPRESSLY 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. Reeordins. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records or Orange County,Florida, and the Owner agrees to pay all costs associated therewith. Section 12. Territorial Agreement. The references herein to the Territorial Agreement refers to the Orange County/City of Ocoee Water Senice Territorial Agreement (Contract No. W-88-06), dated November 14, 1938, as amended. Section 13. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instntments, 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 subpareels 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. 1111 11 1111 III OR Bk 651 @ F. 5767 Orange Co FL 2'".2-0202069 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 shall be inserted at the top of the first page hereof D. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties 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 be 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. II. In the event the either party institutes a legal proceeding against the other party, to enforce the tei nis 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 nor.ithstanding 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 L 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 attorneys' 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. 3 IIhi 1111. 1111111 Oa Pik Pc sma Oranggee Co FFLL 2002-202069 L. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. M. This Agreement may be 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. O. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF,the City has 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 q\\+-\ B v.��C y.., cC J_�� Signature S ott Vandhlrift, N1- 04-X Ely—Li Attest: 1 Print/Type Name I a Grafton, ity Cl k (SEAL) Signature MN RI AFL GREEN _ Print/Type Name 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 HELD ON R PRi- Ito , 2002 LEGALITY UNDER AGENDA ITEM NO.vIL .b. this IL day of ,cent f)t , 2002 9 Ili llllllllll OR 2k er510 Po 5769 Orange Co FL 2002-0202069 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of UUUU 2002 FOLEY JRNNER �J ' /By: L 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 y AN DE RGRIFT 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 f -_day of , 2002. —s- . . rLs - Signature of Notary TIZ-elMD✓f J uiG-u Name of Notary(Typed, Printed or Stamped) Corunission Number(if not legible on seal): My Commission Expires(If no)legible on seal). I:0;* i BRENDA MAX WELL Kt(COMN,Sa,ON CC o se51 7yj5. c$PIN 5_lanscy9 2 a t •R $yl.' -,ride mm Near P_a Cr cnxa..o 10 APR-17-2002 WED 03: 1B All FAX ND. IN WITNESS WHEREOF,the Owner has caused this Agreement to be duly executed the f�u'day of_ ( , 2002. Signed, sealed and delivered "OWNER" in the presence of: ACdR INVESTMENTS,INC., a Florida corporation q Signature n --'7). -O L . -ed i Ys Titte: T"(;,�x l�ate+ Prin e Name (CORPORATE SEAL) Signature a e II I llilllI 111111111 1111 Print/Type/ Tame OP,OBkrange 510 Ggg 5770 ge Co FL 2002-0202069 Oran STATE OF \-2\1, -i COUNTY OF rQ n Q f J I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State a d( Count aforesaid to take ._ acknowledgments, personally appeared j`-` d to take as f '... �1 'n\- of ACM INVESTMENTS, INC., a F\ pc, CA_(\, corporation, who [ • 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 wimesses 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. B ��WITNESS my hand and official seal in the County and State last aforesaid this\ P day of ci1id-----, 2002. Sigfape wp€•Nataryubbank rF1•='B'}My Comm:soon CC797$51 Eaprras December 17.2002 Name of Notary(Typed,Printed or Stamped) Commission Number of nor legible on seal), 55 My Commission Expires(if nor legible on seal):P_Priag - Cgt 11 Illt IIIII 7RgeSlFL 2o26Orangeo 0e22--- e9 JOINDER. CONSENT AND SUBORDINATION The undersigned hereby certifies that AmSouth Bank, an Alabama Banking Corporation 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 instrument 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, the undersigned has executed this Joinder, Consent and Subordination as of the IS- _day of f} (I 2002. Signed, sealed and delivered in the presence of: ANISOUTH, an Alabama Banking Corp. L._(? By t Signature Name: ' / PrintIT)be Name (CORPORATE SEAL) Signature Print/Type Name STATE OF rha)Fiet COUNTY OF /✓A/71 THIS 1S TO CERTIFY, that on this/54A day of Apo./ _ 2002, before me, an officer duly authorized to take acknowledgments in the State andp County aforesaid, personally appeared -�r th�l,Y W, kerefie.t� , as ✓l ' p(& eff/1 r of /ry/afl7tfTn identification, and that who who Vis personally Imo to me or (] produced aclmowledged that he as the individual described in and who executed the foregoing instrument and aclmowledged the execution thereof to be his/her free act and deed as such officer[hereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have hereunto set my hand on the ab av�e. Signature of Notary t" Helen E Gilroy Commission Number of not legib er(seal): My Commission D0105049 My Commission Expires(if not legible on seal): �w Fd'e Expires Apnt 01,200E 12 III! 1111111N II II I IUII OR Pk 6510 Pg n772 Orange Co FL 2002-0202069 EXHIBIT "A" LEGAL DESCRIPTION The North 1/2 of the South '/ of the North '/z 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). CRLDOCS 101141992 SXC 13 -Nicri 2 .Iwo C�Ca .I A -rm =�`e SITE / _ B I C7 -all 6' x 16 CURB DETAIL _No N '_ - .. � -9� tea ._ 6i 5. / / `.. N / ,. -�Y N r eum O rx.a,m . ah ii ez. %% R WET TYPICAL POND SEC770N CONCRETE SPILLWAY n,ar2„ m • LV I. o, a-._ --», % V M a_ __ __ - _ - . - } ~ �w l [-'_ I f I ..mot tF C Iki- I - . ,—. rr CID, l { r 55 SWALE SECTION A-A ;SI PARKING BUMPER BLOCK k. „ waaC5, ` :0 arr ,. ..,- Oa cs.a..., „wTa .: AA � �� ti „ „„, x 1 ti• D •p. S w_ D. '.... �, .n.-��.. : ..Oz-IOU V.r..e,.� m F, _ _.. �,.,.G.O,.o.. � _ _.� �.rnA�, ��� ;i Aso oa�� �. ..s 9 i, ., .r 'r_ s s o E. -III :�:w _. p _ '''''' tv .... ra r M f nr.,, t•.. • a v._ n_ u r_-e _r pw -. ...ap .oe a-... a. vrv„a Aro � ,,,,, a � 0L.-, I<n t.� ' a r�.... mm:+. „A r• at - (o) rn-mo ram. mam.ti aua c..�+c (aDn -.w ` LL `�` a snunis -"� - °„o,;o I illli IIII IIII li OR Bk Ea10 Gg 377e+ •'-A”..‘ Orange Co FL 2002-0202069 - n,or ><r Plan .g Dra r' Cons I a s IncPoviii . BJ 03;G 1 Iv C cmere lu!ini Sio,-oge _ , ___eicee -1 I ., ,. 1 r 3 EXHIBIT 8 -7 I /� H H �I 1 11 N �_ 1 .1 ;-. I r N OJNPSrER PAD _„a'T ' -i� r-- 1 @N � , r%� <'� k DISCHARGE srRUCT'_Ear s� 6iL s HA2DICAP RAND DETAIL 0 P •_—- P ase 3 '- 2 -_—. - s_.,,�=r 1 i r 1 rY- 1 - `1"'5""P _ ,-.Pa -= r i _ h =—=- ^_'-� ''i REDUCED PRESSLNE ""- 3 I` BACKFLOW PREVENrOR �, =C�"� fir='-2. .. ' I p{ _ ?= i . .- .\ I r= I WATER SERVI - COV EC _ a J sA TYPE III SILT FENCE STEEL PIPE BOLLARD DETAIL .. " Y3 e ': . ,: m yEa. V GA YE VALVE AND BOX DETAIL ii.. I G e IF.: HYDF AT ASS M LY D rAL 1 1 - -� .a.0 - I $I -I._iy8 's _To..� ._., HAhVICA°SYM80L E SIGN o. H ee w.s .. Pheee 2 Phase 1 �. :+{�,rm s • ea • r.lr<I t 17 __ ^-ma y• / I. l 11J _ ,w. .2'7 ,I r ml a a^��'-33-I� .z...e..a..v rl- A �i1-a�'� I 1 , ( ... . -- rr>' < Phase 2 Pleas_ 1 ”.,r, ._._- a=, I_ te• • ca - _ - rev IVI1n�' �- art,/....... CAVI= DOUBLE DETECTOR ................ I .are..s...a..r e,,...-:o.r--..- a so V CHECK VALVE ASSEMBLY EROSION PRO TEC RON DETAES s6.��.P rr r.�.rn rN a--ea ea-e b r` N n_ ._ B .O • .w.,d., r a...r,Ma.o..�,...- "` N Site Pico Ja.C 9JC37- 3 Ft NI! 0 10 m'I Conc..'3 is Inc. - N V' Layout Sc. Uri/diesVAinderm re Mini Storage .,. -_ - . I 2 r L r -Na P a m ,_. m b oa ,m..,, M, CrlY -N� k .,-� _..� - �..... ea., _ - „--z.,.-. a_ �9LL Q _0 0 gym,,, c-- C % .m.. m..e...,..., sti d - Ka o TREE PLANTING DETAIL —_ T —� , - _-- — - - __- Lt I-I - I I !! it L..:.. L. w _.oz %i- di 3) .uw rro of Construction 5, otAit if eerier...oir a,...) ...AM itoutioiA)�.,,�,,,_,,,-_ TYPICAL��TREE PROTECTION f e, 2.:1O.nod., 7 1 Po u..m® . r.. a s.o r.0 fi n ^vOin Too Roo AP 3 Foe... ,. �__.�_u coo_..v,. 77 ., I i ! _.3 1/ r„ II RRUB PLANTING DETAIL G,ROUNDCOVER PLANTING DETAIL I � I 1 -- - i -- — - 1 '��1, I 1i 1 4 / - 1 __LE — 1 _' 1 l = �I ` 0 -o-�` rt ' rr�xccaacg �'�caoaacc -uowC� �( . '.C411111 It. --:1,] - ' • - - I _ 11 k. ENTRANCE LANDSCAPING E Site P/on JEC 91-03/0I J le Engineering' Co .si`. a s Inc z . " Lond pe Pionc - aeo 1I 1 U/inderm Min. 5toroc �.a •1.< ' : ,„ : - 3 I • SH TTS ORoBaR6 c1 ®o FL hIhII2III69 BOWEN Recorded — Martha 0. Haynie LLP 1V ATTORNEYS AND COUNSELLORS AT LAW April 15, 2002 Mayor and Commissioners City of Ocoee 150 N. Lakeshore Drive Ocoee,FL 34761 RE: Title opinion - ACJR Investments Property (a/k/a Maguire Road Self Storage). Dear Mayor and Commissioners: Pursuant to Florida Statutes 177.041,please be advised that 1 am an attorney at law licensed in the State of Florida and have examined the Orange County Public Records with respect to the title to that certain property proposed to be annexed into the City of Ocoee by ACJR Investments, Inc. (hereafter the"Property") and more particularly described as follows: The North % of the South ''/, of the North Y 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). My examination of the public records reveals that as of this date the record title to the Property is in the name of ACJR Investments, Inc., a Florida corporation. My examination of the public records also reveals that the Property is subject to a mortgage executed by ACJR Investments, Inc. in favor of AmSouth Bank,an Alabama Banking Corporation,N.A.,recorded in OR Book 6427 at Page 639. The Property is also subject to a Distribution Easement in favor of Florida Power Corporation over the northern ten feet thereof, as recorded in OR Book 3283 at Page 1662. Sincerely, Scott A. Glass Shutts & Bowen, LLP ORLDCCS 101166131 SXG ace SOUTH ORANGB AV 2NUE.SLITE 1rc9 . PO.BOX 456 . ORLANDO.FLQRLJA] 89_>95.3 • TELEPrID NE(4071 3d200 • FA< (BBB 425 81.5 • ......a ...11 n.. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Martha H.Formella,Esq. FOLEY&LARDNTR 111 North Orange.Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 For Recording Purposes Only RETURN TO: Jean Grafton,City Clerk -- CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 (407)656-2322 ___ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("this Agreement') is made and entered into as of the _. day of -, by and between whose mailing address is - (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761. Attention: City Manager (hereinafter referred to as the "City'). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and pursuant to thepetition of the Owner, on _ - the WHEREAS, rezoning the Property as "FED" Ocoee City Commission approved Ordinance No. under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, 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 incorporated herein by this reference. Section 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance edwith that certain PUD Land Use Plan for by , date stamped as received by the City on (hereinafter referred to as the "Land Use Plan'). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit 'B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "R" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (L) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from dtime tsittime plansbe amended, and (2) all preliminary subdivision plans, final subdivision plans, for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. Waivers from the Ocoee Land Development Code. Pursuant to City of Ocoee Ordinance No. Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Section 4. Notice. Any notice delivered with respect to this Agreement shall be in writing and bee deemed to be delivered (whether or not actually received) g en (L) hand delivered to the other art at the address appearing on the first page eeof this is, return receiptt, or requested,w n deposited in the United States Mail, postage prepaid, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 5. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors z ..55 ,oonvn , and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. • Section 6. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner. execute and deliver letters affirming the status of this Agreement. Section 7. 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 8. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 9. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment_ Section 10. Further Documentation. The parties agree that at any time following a request 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 11. Specific Performance. Both the City and the Owner shall have the right to enforce the terns and conditions of this Agreement by an action for specific performance. Section 12. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants'fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 13. Counterparts. This Agreement may be 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. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent C06.122870.1 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. Section 16. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the OWNER: presence of By: Print Name Name: Bs: Print Name _ -4- 006.1222]0.1 STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , who [ _] is personally known to me or [ ] produced as identification, and that acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary (Typed. Printed or Stamped) Commission Number(rc not k_tb'.e an srnly. \ly Commission Expires of not iegib:e an sra -5 ons 172S70 1 CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD ON Approved as to form and legality this UNDER AGENDA ITEM NO. day of FOLEY &LARDNER By: City Attorney -6- 006.122870A 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 acknowledgments, 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,FLORIDA 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. WITNESS my hand and official seal in the County and State last aforesaid this day of_ Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(,(not ExebEcx seal). My Commission Expires(if no!e_e:on scatr._. _ -7- 006.122370.1 JOINDER AND CONSENT -8- 006.122010.1 EXHII3IT "A" THE PROPERTY C0S1223701 _9 • EXHIBIT "B" CONDITIONS OF APPROVAL -10- 006.122870.1 EXHIBIT "C" WAIVERS -11- 006.122370.1 City of Ocoee, Florida Maguire Road Self Storage PUD Case #P-02-05-01 (County) Professional Offices & Services to (City) Commercial Future Land Use Map �� • _coact of Good c,�:4. ,'\ OCOE. �', WESMERE PY Ocoee Community Development Department Scale: 1 inch=800 feet . 0 200 400 600 800 Feet Printed: March 2003 LE END �' WINSHIRE BV BRIDGE CREEK BV • es Subject Property - Unincorporated Territory Subject {I-11 and Other Municipalities tl ,V I Rail Lines Proert : - Future Land Use Classification: Low Density Residential 'am Medium Density Residential11111 High Density ResidentialProfessional Offices and Services - -_-MI Commercial r Light Industrial I Ll_f / ,_ill MI Heavy Industrial ` • --T^MN Conservation/Floodplains t • r Recreation and Open Space `_'y1.I tar Public Facilities/Institutional LF n �' t -_ �' - Lakes and Water Bodies :-itt;!'ll Ii!''ii!fli! !! Hi ;Ili I - . - 1 _ : l I1 # lf0V ,4 � - iIIIN - City of Ocoee, Florida Maguire Road Self Storage PUD Case #P-02-05-01 I..,ounty) C-3 "Wholesale Commercial District" to (City) PUD "Planned Unit Development--Commenciar Zoning Map N coun of cood,", 1onsoutia.ximi 1 . weassiusampinuFsffirtimpm! ,t 44,.`;- ., • ',1,.' 4MaLiaPe' 1.1'1) - ,c'eA '44, ' I ' - -abeltiril': i'''. -c- - - - -,-,• c ->‹,-.^( < - - - . _.: it. , 4 .."..74,..."•)c• !!..•".7)'d•'' '.• ;.> 'flt. ..... ..! !).....e.".. ,:. it,.. t:;,..vfliTst-4:7:':, ta L.I a La w 0 0 ..::,..5-.!,_.! ,r,:a.e sir 7 .-I' r • 1 ' ----Th se .‘ - •., - - it C::.,' • , r-------vm-oil *.4r- V eala,l) .3431 - ,a-ea a'• • V,, ---,p s _.. ekE-P • . „IN,. 4. .44,4. .4., . . _ sx, -v._-.A'..”... • ,'‘..,••••”... ./".., - . Ocoee Community Development -10 •-..,: - Department ir, - _•. ,- , . .. • . Scale: 1 inch=800 feet •• r. 2 ..,a 0 0-- • - -- -" - - , t,'0 4., • 0 200 400 600 800 Feet ,4,. I., ..,, ..- ../ - og ,'e_,..,.."•:, ,:..,:,•::.::. ':, 7., ..., EMI I= 1 0•,.lot;>, ---4 41'.'.>' • Aff-frirftliiP -,-., •..-:.•,:.••- •-•, - ,.:1, .. k ... .. ,-- , Printed: March 2003 LEGEND -0.-isk -. • -, WINSHIRE BV BRIDGE CREEK BV .... ,.,.. ).-4 i k. ...1.k.„.4 .r.. ,--, • p . .. • .,,.... „,,,,..).7i5% ..— ,...-,•f- ...-,s•-,c-<7.• c) , En Subject Property D -.1 _ -, „ ‘,- 6 i41 ..... - -• • 1 • ,it_--- • . ., f I : . _ , 3 i.•(>Is..... v --" ?'e.. -)',..) /. :.,4.4. ..-.4. ..4.,.. H. j —. *' .'"? ..": ...",:.''' •••••' 7-- Unincorporated Territory •..• 4117. •'"Irr a. . 4 --, It 44. - •, P--f,, l • i 1 l I Subject . . . . , — and Other Municipalities , ,,,--. c.vv 2,, , ......, .,....„, - • • . _ .:.e Cs•-",,0 0• ., ,.:,s .,„. .., r4:41r •,,7:. " :p ' rar -.4!'..;.4. • '' • 1 • itgl ( It; A. : e. • .• , . 'Or,.7',A .....••••;:.:'...--.•.:- . .••-•-. ."..• •- - - .cr), -%.- - Rail Lines AO-ill ?? 001 -, k"...k."..?0(7 4',... Property t.. 4:-.. ..::...,z,,,z,.,,..::).,.„......::-.,,,,:,,,,1/4. r 1/4.,'" '0 0 4,. 0(>( 0 0 c,‘' Uut..._ ., . - Zoning Classification: ..S 10 ';--.if 10 0 i 1 C'0 0 0 0 O. 11P Tt.,_., 4E, i '"•,e," `,..",.',2.:i.'.'...,:•-.",";:'....•,'-. . _ :'„ :. • „ : , : , ie,,,, 4','....,f..,.. :. .:.:.i'.. i..:::,:::. ileg /. ... ' A''1, General Agriculture • '011„ -0--•.1.-- ....i.'', !1,,:,00 0 0•:''`).-:0 'rt:•) , I-1' ,. i ] . . • .,:;- ....'-.;• •,: , CC'(.. '..1:I'0 k ''•-•': ''''. ':' - _....1...a 0 ''''.; t...."0 lr.0•!..•••!:.•":,C.,,,••Nnijei. ,....).• ' ..o. •ri'4,.1k# ‘ '#-. ,,:3;5‘: .;. 4,Au- ' 0:::•-,'. .. _ ...;,)• A-2, Suburban %. ..• i00 i'''''10--.• . . Q rv. \ • 1--;.:•:?.-.1: ....-,--:..-4:‘, 0 .,A•'. •-••:;••,..,... ,:. . '..)-:',, R-1AAA, Single Family Dwelling l .Sail> •--• —lig)' „ ..i ,--.. b, . - - • .11i , I I t#,°#,;%,,,N*ki*.f... ::.;...i...),0;;,.P .<- i 0 0 0,, •••••:.'0 '':' R-1AA, Single Family Dwelling '' ''541/f.,.‘ .• • ove •.:, :..• c.,..c ...7- 'C''‘/-., s, .4'4`04i-. .42•.i,k":,.::<'::i.. R-1A, Single Family Dwelling ,L.), _ .,, -:.. ?ling ..?::... . ....„..•-•?c. f-I iiiib,.7-- •1«viol -.- .--• ..,_". vt. r - -4,.. ••••Orf",,,,•4•>7••.4 4i..)(.7•.7,.,•)‹. ,,•,.•0 ).•,) Os,.. \d.V1..#0j.., :• .; : i'.00 e.. : -.• ".--.- . .:.•0 ,•=?... R-1, Single Family Dwelling ,..ring?,>i Itoolgil ... ..,- Q..-.:-.; .....74 • '-si.. .%‘ 4i,,,to.4;tw.„;:4. Dc,),.'...-)<-..-)c, • RT-1, Mobile Home Subdivision District-...t ,,• ,--,e-i -0: ,-,•:-,...--. :-- •,..--444:,?..,..5R,..,..i„,...;;1.,5 e. ,,,s,...., -...,:.el ,..,...... ;Jfilk. ' .•.),.,c, ... 'ik x+'0 v.:*-*;..J,*?•,,,,,..',,',i,,,,,,,e -,-.,•,..sA R-2, One and Two Family Dwelling . --- - • 1. . , , tc,, ,,c,!..",..,....". ...„ /.‘ . 4.4.;::: "i1V4.60'i:.i. ^ '.,:56,5.5 `.,.r...Z-. •,', R-3, Multi Family Dwelling ‘, to .4 C \A 0 '. .4' ..^.:':i:--' .'..).„. , •-•• .. ... •-•"..''Q P-S, Professional Offices and Services -tITLI.- ' --ii- '''• -' > ' '''' BERSON RD• . .../.." • • .-14 z .. .•: z * .‹.....7.4:,,:-.4.-. ::: :,.•••,..%,..-.,,,,.. c-i, Neighborhood Shopping - ' -.Z.>O•:>,:soc,:•6,;-.1OO:5O0o€Yo4-.S0(.:.;,o0(-545.000.‘i5-o2 C-2, Community CommercialLL1IJLL1 •(7',0,....+000C.0e>00000000000,:x‹,•0000- C-3, General Commercial . Miliiiiiinik .*0(>00000,:,'")0000<>0000i,000<it:PL•q.s..0 0 ' • - •000<>0.-:>OC":>000000(30C".,,Q.00000(."0. 1-1, Restricted Manufacturing 4i41...._, ig >00,:.,06c-x0.000000000000C.."-_:•0000000,. 111 i Nt _ )0(..'•:.0,--..,0-:./Ce---.0C,0000-00notD-0-..)00000 •, &Warehousing 1111 :-f:'•i'2,0C")<:`,.0:..10.13,<.>.-.)000 00 0,....>(.)0(.,<:,•-00 000:- 1-2, General Industrial 111 H it.‘41 • :-?0...)0 0 0 0 0 0 0 0(,)0 0 0. ..7.'C.0 0.-:-, 0 0 0 c'.')0 0 0, PUD-Low Density Residential awahl, . /-5. :.06<s.,00.-.7":>0000000000C-OC"..*:,0000000- . PUD-Medium Density Residential 11111 --,_ .),00000‹...,.0000000000,000000000000. ;2 )0000000000 000000(..,(>0000,-....000.;>0. PUD-High Density Residential 1111 / .1,44 AlltsPeit • • •,0 ... _4raei, * ....1,4.4 if >00(...00e.:•0C-)<Ni.),e)0%.)000(.C.00.)<:00 PUD Commercial 11111w rh_ — Lakes and Water Bodies 2 • -, - Unclassified V4iiii 14 _ 111111111. MIN ORDINANCE NO. 2003- 15 CASE NO. SSPCA-2002-009: Maguire Self Storage Comp. Plan Amendment AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "PROFESSIONAL OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance#91-28, which has been amended from time to time("Ocoee Comprehensive Plan"); and WHEREAS, the owner or owners of certain real property (the "Applicant") within the corporate limits of the City of Ocoee, Florida has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-02-009 in order to amend the Future Land Use designation of certain real property containing approximately 4.92 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, Amendment Number SSCPA-02-009 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on March 18, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-02-009, conditioned upon approval of an amendment to the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, on May 6, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-02-009; and WHEREAS, all required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"); and WHEREAS, the City has required that this Ordinance not become effective until such time as the JPA Agreement is amended to allow for Commercial land uses on the real property 006.292139. described in Exhibit "A" attached hereto (the "JPA Amendment") so as to cause this Ordinance to be consistent with the JPA Agreement. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission 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, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan of the property described in Exhibit "A" attached hereto and by this reference made a part hereof and containing approximately 4.92 acres, is hereby changed from `Professional Offices & Services" to "Commercial". A map of said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-02-009 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION S. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Ordinance shall become effective on the 31st day after delivery to the City of the JPA Amendment which amendment has been executed by both the City and Orange County, if no affected person has filed a petition with the Division of Administrative Hearings in accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely filed, this Ordinance shall become effective on the date the Department of Community Affairs or the Administrative Commission issues a final order determining that the adopted Amendment Number SSCPA-02-009 is in compliance. In the event the JPA Amendment is not delivered to the City by one-hundred eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. 2 006.292139. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME 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 , 2003. FOLEY and LARDNER By: City Attorney 3 006.292139. Exhibit"A" THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 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 PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89°29'1 l"EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 002159 EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 893011 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH 001450 WEST ALONG TIIE WEST LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 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. 4 006 292139. Exhibit"B" Location Map Maguire Road Self Storage PUD oakum �� ♦ d• • �- 1m- ream Momp 1 1 :4 ' 'H\\.\\C\i:': '\\\:\,', 11 SE -11/40 II A i111111111 3t��anWiI11ti NV - .i� WIN .s mom pr- bl � -. . — ' - Ws • mmo .. . Fsemmon ►M ter 41 IMP% ant w/ � 4 ill�P I Ptabs t - `.gym ��� i " mums n _-I►�. p p. 1111nq 6,♦ ail t feigns IN -- OM i IMF Its fCA 11 aka VIP*MN 4taJl1YJIll _� ss a ' Tr I ifs We gr lle1 s s dinanalma a G �d,ray WI Va ♦ ` sEIERSOVR MOO E ROI IIIIIIfII 1 i l,'11111 $ananppA� q�=h ♦ * c 1 -- numZ "� a bum*:est. tot,N /Is I � uuu • . ►�jy r 11+ N Vj i imuka C lb - ra• ma iry��hrn = © 11II I fl 1111 it it tine1u% - plN*i rrTT�1 /J� Nt . w 5 006.292139. ORDINANCE NO. 2003-16 CASE NO. RZ-01-07-02: Maguire Self Storage Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-3, "WHOLESALE COMMERCIAL DISTRICT", TO OCOEE PUD "PLANNED UNIT DEVELOPMENT ' FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 4.92 acres of property, as more particularly described in Exhibit "A", from Orange County C-3 "Wholesale Commercial District", to Ocoee PUD "Planned Unit Development"; and WHEREAS, at such time as Ordinance No. 2003-15 becomes effective, the rezoning requested by the Applicant will he 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, at such time as the City and Orange County approve an amendment to the Joint Planning Area Agreement entered into February II, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement") which amendment allows for Commercial land uses on the subject property, the rezoning will be consistent with the JPA Agreement; and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, on March 18, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved, conditioned upon approval of a Small Scale Comprehensive Plan Amendment to the Ocoee Comprehensive Plan and further conditioned upon approval of an amendment to the JPA Agreement; and 006.292130. WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning 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, Florida Statutes; and WHEREAS, the City has required that this Ordinance not become effective until such time as the WA Agreement is amended to allow for Commercial land uses on the subject property (the "JPA Amendment"), so as to cause the rezoning to be consistent with the WA Agreement. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 4.92 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County C-3 "Wholesale Commercial District", to Ocoee PUD "Planned Unit Development": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT"B"and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon the occurrence of the following: (a) delivery to the City of the JPA Amendment which Amendment has been executed by both the City and Orange County, and (b) Ordinance No. 2003-15 becoming effective. In the event a JPA Amendment is not delivered to the City by one-hundred 2 006.292130. eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA.APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 006.292130. 3 EXHIBIT "A" THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 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 PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89°29'11" EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 002159 EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FhET; THENCE SOUTH 893011 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH 001450 WEST ALONG THE WEST LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 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. 4 006292130. EXHIBIT "B" City of Ocoee, Florida Maguire Road Self Storage PUD Case #P-02-03-01 bounty) C-3 "Wholesale Commercial District" to (City) PUD "Planned Unit Development--Commercial' Zoning Map • .....;*. -6.cne 63 ii A .._ -- :•:`,...:-'''f.':::ft-'-••••'-'-'"'".'''''''....'- '' } �j[, L 1IIiiI)WI I/ ♦ �a v // 4d : ova..Cornmungty ,lopmant 14!i l l f I► \`/:•. %%. '' v X :l �k'"�.', .Tf' „rear ��, ��� ��� + 17, Ii /IUR111u1I p ,..a 1��viy it♦ �• 46 i •�s � ,r aniline" II11nn1uu �'' •+ � ItfilL� ram.,4 r t■ : -, : t.I.• 4 $1 uun LEGEND �� ;� ��'�__s/�►jC : agile !i11r11t11• y mlul OSubiect Property h+f� 1s.II HP _ Ng gumme CL 3 4.—119 it"4. r --1 Unincorporated Territory >. * A` J,I 1 t a Ir.B. antl Other Municipalities r� � a 1�,,,'�'+B. ,�2 Rail Lines - � - arm w Zoning Classification: %I� �••':a�,, + �"' fa A-1,General Agncueure ll= r ;1''�'y k' ilv q�'�� ��N� A-2,SuburbanTui W y-i•)%• r.�1 f ' �,'`� 41' Ii R-1AAA,Single Family Dwelling IIIIIII► Ot o 111111 III af • 'r, �.1�'� _ R-1AA,Single Family Dwelling 11/11111 R-1A,Single Family Dwelling `11111 am i. -d,•,• & 111II'ii ga *" III mi RT1MobiomeSobOhslenDistrict :u 1I1� � • �"+•y " 1I sol Spe vbk R-3,Multi Family Dwelling 111111►r. ♦` •� uii{1.BERSON RR— ' y",/ 1,;., •; 1 V mil P-S,Professional Offices and Services C-1,Nelg hbomood Shopping I I ' '•C-2,Community Commercial 9 C-3,General Commercial r0 e't ` t0 1-1,Restricted Manufacturing ��� �;1/11j '� Liu Y_. --` .2 Oen ral ng II11 11���, tee/#8 . ,.•' • • 42,General Industrial , PUD-Low ifilli PUD-Meciumnsity DensitysRestial dential J`1r ��;���1•It 4,f,.,���1 at PUD-High Density Residential I JJ�i # • I� ♦ 0 sas PUD-Commercial ! I+ �,►I•4�,, �,,�•� Q Unclassified WaterLakes and Bodies s�•tr,,•4* i — i 5 006.292130.