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HomeMy WebLinkAboutVII (A2 a,b&c) First Reading of Ordinances: F/X Scenery and Display; a. Ordinance No. 2003-17, Annexation; b. Ordinance No. 2003-18, Small Scale Comprehensive Plan Amendment; c. Ordinance No. 2003-19, Initial Zoning Agenda 4-15-2003 Item VII A2 a,b&c Center of Good ytv� je Commissioners Mayor � Danny Howell,District 1 S. Scott Vander ft Scott Anderson,District 2 _/CO- Rusty Johnson, District 3 City Ntanaoer Nancy J. Parker,District 4 ire Jim Gleason kJ a STAFF REPORT DATE: April 7, 2003 TO: Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Pla -- � THROUGH: Russell B. Wagner, AICP, Community Development Director SUBJECT: F/X Scenery & Display, Inc. Annexation Case #AP-02-03-01 (Ord. 2003-17) Small Scale Comp. Plan Amend. Case #SSCPA-02-001 (Ord. 2003-18) Initial Zoning Case # RZ-02-03-01 (Ord. 2003-19) JPA Amendment Case #JPA-02-004 ANNEXATION: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-17 annexing the above referenced property? BACKGROUND: The subject property is located approximately 150 feet south of 17th Avenue on the west side of Ocoee-Clarcona Road. The 11.76 acre parcel is vacant and partially tree- covered. The property adjacent to the south is owned by F/X Scenery & Display, Inc. and has a sizable building in which they produce stage scenes and other visual displays. The company seeks to expand their operations and seeks to acquire and annex the subject property to expand their business operations. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject property is located within the Ocoee- Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The requested annexation is consistent with the JPA Agreement in that Part "D" of Section 6 states that "The parties (Orange County& City of Ocoee) hereto'acknowledge and agree that lands located within the Joint Planning Area, City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone:(407)905-3100 • fax (407)656-3504 • www ci.ocoee fl us Honorable Mayor and City Commissioners April 7, 2003 Page 2 of 7 including any enclaves located therein, are logical candidates for annexation by the City, subject to the provisions of Chapter 171, Florida Statutes." The proposed annexation conforms to Policy 2.5 of the Future Land Use Element of the City's Comprehensive Plan in that it is a logical extension of the existing City Limit, since it is within the limits of the JPA and meets the technical criteria of Chapter 171 Florida Statutes, the State's annexation criteria. Orange County has been notified of this petition and we have received no comments. DISCUSSION: Staff has completed the attached Annexation Feasibility & Public Facilities Analysis based upon the projected impacts of the proposed light industrial use. We have determined that the City can adequately provide a range of urban services to the subject property. Should the property owners choose to develop the property in the future, they may be required to make certain improvements. Along the subject property, Ocoee Clarcona Road (Lakewood Avenue) is a 75-foot right-of-way. The Ocoee Transportation Master Plan indicates that Ocoee-Clarcona Road is scheduled for roadway safety and operational improvements between Silver Star Road to Wurst Road (Figure E-5). The applicants will be required to dedicate frontage for future road widening of Ocoee- Clarcona Road and to provide turning lanes, which will be specified in a Development Agreement. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT: ISSUE: Should the Mayor and City Commissioners approve Ordinance 2003-18 adopting a Small Scale Comprehensive Plan Future Land Use Map redesignation from "Low Density Residential" to "Light Industrial" for 9.88 acres of the subject property, which excludes the adjacent 50-foot drainage easement? BACKGROUND: The subject property is designated "Low Density Residential" on the Joint Planning Area Map, but the applicant has requested a redesignation to "Light Industrial". The adjacent property on the north side of the subject property is designated "Low Density Residential" on the JPA Future Land Use Map, on the south side (present F/X property) the designation is "Heavy Industrial", on the west side it is "Low Density Residential", and across Ocoee Clarcona Road it is also designated "Low Density Residential". This is a small scale comprehensive plan amendment involving 9.88 acres. There is a 50-foot wide drainage easement (OR Book 5408, Page 4921) along the north and west side of the subject property which is maintained by Orange County. The drainage easement totals 1.88 acres. The proposal is to redesignate the 9.88 acres "Light Industrial" and keep the drainage easement as presently designated "Low Density Residential", to act as a buffer for the residentially designated area adjacent to the north and west. The Development Agreement restricts any development in the drainage easement area except for construction of drainage structures or other appropriate and necessary structures in furtherance of the conservation and drainage purposes. Honorable Mayor and City Commissioners April 7, 2003 Page 3 of 7 While the existing F/X property adjacent to the south of the subject property is designated "Heavy Industrial" on the JPA Future Land Use Map, the subject property would be more appropriately designated "Light Industrial" in view of the lands adjacent to the subject property on three sides and in the general area being designated "Low Density Residential". It may also be noted that Policy 1.9 of the Future Land Use Element of the Comprehensive Plan states in part that ". . . Heavy industrial uses which are generally not aesthetically desirable shall be discouraged along arterial and collector streets . . " The F/X Scenery & Display, Inc. operation does not engage in heavy basic manufacturing of industrial goods, but rather is involved with light assembly and storage. For these reasons it is appropriate to redesignate the subject property "Light Industrial" on the JPA Future Land Use Map. DISCUSSION: The general area is characterized by older established residential neighborhoods on the east side of Ocoee-Clarcona Road and largely undeveloped land on the west side. Portions of the undeveloped lands are wetland, notably a large area immediately to the south of the existing FIX Scenery & Display property. According to the City's Comprehensive Plan "lands designated for industrial use should be near railways and/or major highways. . . ." The applicant seeks to acquire the adjacent parcel to the north of the present F/X Scenery & Display property in order to expand their operations. The subject property on the north side is some distance away from other lands designated on the Future Land Use Map as "Heavy Industrial" and "Light Industrial". Changing the Future Land Use Map designation of the subject property from "Low Density Residential" to "Light Industrial" would represent a further intrusion of a land use into an area largely reserved for future low density residential development, but is also a recognition of the fact that there is an existing light industrial operation there now and that the City holds as a value the continued viability of its existing business enterprises. There are no other significant industrial or commercial enterprises in the immediate area of the subject property and existing F/X Scenery & Display operation. INITIAL ZONING: ISSUE: Should the Mayor and City Commissioners approve Ordinance 2003-19 adopting an Initial Zoning designation of I-1 "Restricted Manufacturing & Warehousing District" for 9.88 acres of the subject property and R-1-AA "Single Family Residential" on the 1.88 acres, which includes the 50-foot drainage easement along the north and west side of the property? BACKGROUND: The applicant has petitioned the City to give an initial zoning designation of I-1 "Restricted Manufacturing & Warehousing" to the 9.88 acres of the subject property, which excludes the 1.88 acres of drainage easement (represented by the 50-feet on the Honorable Mayor and City Commissioners April 7, 2003 Page 4 of 7 north and west side of the property). This requested zoning designation is compatible with the applicant's request for a Future Land Use designation of "Light Industrial". The subject property is adjacent to property zoned (County) A-1 "Citrus Rural District' both on the west and north sides, (County) R-2 "Residential District" on the east side and (City) 1-2 "General Industrial" on the south side of the subject property. DISCUSSION: Policy 1.9 of the Comprehensive Plan refers to the need for berms and/or opaque screening or fencing so as to eliminate visibility of building or outside storage area from the street in industrial development zoning areas, and also mentions that such areas shall be attractively landscaped and signed and buffered per the Land Development Code. In view of the subject property being proposed to be rezoned to I-1 "Restricted Manufacturing &Warehousing" and surrounded on three sides by areas intended for low density residential development, it will be very important to employ such measures during the site plan review process to ensure protection of residential districts from certain adverse effects of industrial activities and to promote a safe and healthy environment in and near the industrial district, per Article VI Section 6-13 A. of the Land Development Code as well as for aesthetic considerations. Due to existing residential areas on the east side of Ocoee-Clarcona Road and adjacent lands on three sides of the subject property designated for low density residential development in the future, staff suggested certain restrictions on permitted uses. Staff held discussions with the owner's representative on restricting certain uses that shall not be permitted on the subject property regardless of whether such uses would other wise be permitted in the 1-1 zoning district. Attached is a copy of the Development Agreement proposed by the owner. The Staff is in agreement with the main text of the Agreement. However, in the attached Exhibit "B" the Community Development Department has recommended some additional language [additions are in bold]. Staff believes that these provisions are consistent with similar conditions imposed upon similar developments and help support the proposed classification change. It should be noted that in this Development Agreement the owner agrees to a restriction on certain permitted uses normally allowed in the 1-1 "Restricted Manufacturing & Warehousing" zoning district. Staff recommends these additions and deletions to the proposed Development Agreement. Other significant changes Staff is recommending involve: • Add to Condition of Approval #1 a statement that there will be 40' of right-of-way along front property line to the centerline of Ocoee-Clarcona Road, that there will be adequate left and right turn lanes into property, roadway improvements to accommodate large trucks, and that there will be ultimately only one access point into property that aligns with the Forest Ridge entrance. • Add to Condition of Approval #2 a statement about installation of drainage pipes in the existing drainage ditch fronting the property and filling in the ditch. • Add to Condition of Approval #3 a statement that a full traffic impact study is required. Honorable Mayor and City Commissioners April 7, 2003 Page 5 of 7 • Add to Condition of Approval #4 statements concerning the need and requirement for water and sewer utility improvements and that the owner is responsible for the costs associated with extending and/or upgrading the utility lines. JOINT PLANNING AREA AGREEMENT AMENDMENT: ISSUE: Should the Mayor and City Commissioners approve an Amendment to the City's Joint Planning Area Agreement with Orange County changing the JPA Future Land Use Map designation from "Low Density Residential" to "Light Industrial" for the 9.88 acres of the subject property, which excludes the 50-foot drainage easement along the north and west side of the 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 is requesting a JPA Future Land Use Map designation that is different than that was originally 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 would change the current JPA Future Land Use Map designation from "Low Density Residential" to Light Industrial" on 9.8 acres of the subject property, which would exclude a 50-foot drainage easement along the north and west side of the property. 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. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION ON ANNEXATION: The Development Review Committee (DRC) met on March 12, 2003, to review the request for annexation of the 11.76 acre property located approximately 150 feet south of 17th Avenue on the west side of Ocoee-Clarcona Road, and voted unanimously to recommend approval. The DRC does not take action on Comprehensive Plan Amendments, Joint Planning Area Amendments, or Zoning. LOCAL PLANNING AGENCY / PLANNNING & ZONING COMMISSION RECOMMENDATIONS: At its March 26, 2003 meeting, the Planning & Zoning Commission / Local Planning Agency held public hearings and reviewed the Applicant's Petitions for Annexation, Small Scale Comprehensive Plan Amendment, JPA Amendment and Initial Zoning. A couple of people from the audience spoke. A question from a resident was raised about Honorable Mayor and City Commissioners April 7, 2003 Page 6 of 7 the need to expand industrial into areas designated for residential or agricultural uses when there is still land available in the area to the west that is already designated for industrial. Another resident, the Project Manager for Forest Ridge Subdivision, also spoke. He also objected to expansion of industrial into areas designated for residential, and expressed concern about how it might affect his new residential development. Scott Glass, representative for F/X Scenery & Display responded to questions from the board. He mentioned that there will be some more truck traffic but they will do what is necessary to maintain the Level of Service of Ocoee-Clarcona Road (Lakewood Ave.). He talked about the buffers, landscaping and aesthetics his client will develop and maintain according to the City's requirements. The board noted the length of time that F/X Scenery & Display has been at that location and that there were certain restrictions on use that will be placed on the property as indicated in Exhibit "B" of the Development Agreement and that these provisions will run with the land. Attorney Glass said his client was in full agreement with the staff recommended changes to the Development Agreement. Another citizen asked for clarification on what parts of the property would be designated what in terms of Future Land Use and Zoning. Staff explained and went on to further explain the application of the Land Development Regulations relative to professional offices and services, commercial and industrial zoning districts. The Planning and Zoning Commission voted unanimously to recommend approval of the proposed annexation. The Local Planning Agency voted unanimously to recommend approval of the Small Scale Comprehensive Plan Amendment from "Low Density Residential" to "Light Industrial" for 9.88 acres of the subject property, which excludes the 50-foot drainage easement (1.88 total acres) along the north and west side of the property, subject to execution of the Development Agreement as recommended by staff and the buffering standards of the Land Development Code related to professional offices and services, commercial and industrial zoning districts being applied along Lakewood Ave. in front of the property, and further subject to approval of the JPA Amendment. The Planning & Zoning Commission voted unanimously to recommend approval of an Initial Zoning designation of I-1 "Restricted Manufacturing & Warehousing District' for 9.88 acres of the subject property and R-1-AA "Single Family Residential" on the 1.88 acres, which includes the 50-foot drainage easement along the north and west side of the property, subject to the JPA Amendment and execution of the Development Agreement as recommended by staff. The Local Planning Agency voted unanimously to recommend approval of the JPA Amendment changing the JPA Future Land Use Map designation for the 9.88 acres of the subject property from "Low Density Residential" to "Light Industrial", which excludes the 50-foot drainage easement (1.88 total acres) along the north and west side of the property, subject to approval of the Small Scale Comprehensive Plan Amendment and execution of the Development Agreement as recommended by staff. Honorable Mayor and City Commissioners April 7, 2003 Page 7 of 7 STAFF RECOMMENDATION: Based on the recommendations of the Development Review Committee and the Planning and Zoning Commission / Local Planning Agency concerning the F/X Scenery and Display, Inc. requests for Annexation, Small Scale Comprehensive Plan Amendment, Amendment to the Joint Planning Area Agreement, and Initial Zoning, Staff recommends that the Mayor and City Commissioners: 1. Adopt Ordinance 2003-17 to annex the 11.76 acre parcel; and 2. Adopt Ordinance 2003-18 approving a Small Scale Comprehensive Plan Land Use Map Amendment redesignation from "Low Density Residential" to "Light Industrial" for 9.88 acres of the subject property, which excludes the 50-foot drainage easement (1.88 total acres) along the north and west side of the property; and 3. Adopt Ordinance 2003-19 approving an Initial Zoning designation of I-1 "Restricted Manufacturing & Warehousing District" subject to execution of the Development Agreement as recommended by staff; and 4. Approve a JPA Amendment changing the JPA Future Land Use Map designation for the 9.88 acres of the subject property from "Low Density Residential"to "Light Industrial", which excludes the 50-foot drainage easement (1.88 total acres) along the north and west side of the property. Attachments: Location Map Annexation Feasibility& Public Facilities Analysis Developer's Proposed Development Agreement City Staff Proposed Development Agreement Future Land Use Map of the Area Zoning Map of the Area Ordinance 2003-17 Ordinance 2003-18 Ordinance 2003-19 0:\Staff Reports\200315R03039 CC.doc Location Map F/X Scenery and Display, Inc. fo_ � �iL91 -1 111I ' lii _�, �� DTI �, I_ _ r - 1 I I 11ILI 3 Fri 111 _ Ii 1 I1 rL �� 41 11 _ 1 1 1 ' I I ( c \ —_�-0 - I J Lei 1 [1 - .- ���� 0 � t ri i I I I I -i f L �_r_ r. ', _COI L�11� L . — a \L 1 ji :1[1 11 r L1- Subject zI 1 II III A ' - Er o Propee 1� 11 C '_ 1 \l 1 -�� � - f= L ir,1l L��L I I � ,-111tIt �—c I i t J H7THll#NI IIILY §l �I -�d1 �1 I I \ \ \I 1 QII C7 W . W _ / r LAN ERSIO.N PL ' � l D 7/ J _ 1-' — tBIJRNT'TRt 11 i � � �� — LL 1 id li � /% � li� l\ i 1111 ) fI 1I _ ~__ L �-II I�� I Nrrth I \ 1_, ,�L C - 1 III E\ __ � i�r� ' j11 \I\�I\ \\ _ 1 � � �A-H J 1 i H\ LI_! ILL 1 1 N 1S /i--, II1 � Yi - 1 -T L,I IL L t _. 1 -1__, i- © rTi Lj -I�iJr -_Hi Z. J � � 1 r I' '' I /, -2-1 LL1% City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AP-02-03-01 / F-X Scenery & Display (as of 3/18/03) 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 Thomas Grimms, AICP A. Applicants Mack McLaughlin 300 South Orange Avenue, Suite 1000 Orlando, FL 32801 407-835-6964 B. Property Location 1. General Location Approximately 150 feet south of 17'" Ave. on the west &de of Occee-Clarcona Road. 2. Parcel Identification Number: 07-22-28-0000-00-049 3. Street Address: 950 Ocoee-Clarcona Road Ocoee, FL 34761 4. Size of Parcel(s): Approximately 12 acres C. Use Characteristics 1. Existing Use: Vacant (partially wooded) 2. Proposed Use: Expansion of the current activities of stage sets and scenery of existing operation on parcel to the south 3. Density / Intensity: Floor area ratio — 3.0 4. Projected Population: Unknown D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential (per JPA Future Land Use Map) 2. Orange County Zoning: A-1 "Citrus Rural District' 3. Existing Ocoee Future Land Use: Low Density Residential (per JPA Future Land Use Map) 4. Proposed Ocoee Zoning: I-1 "Restricted Manufacturing & Warehousing" E. Consistent' 1. Joint Planning Area: No 2. Comprehensive Plan: No 1 City of Ocoee Annexation and Feasibility Analysis • Case Number& Name: AP-02-03-01 / F-X Scenery & Display (as of 3/18/03) II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-4 Minutes 2. Distance to Property: 1.2 Miles— Fire Station #1 3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330' spacing) 1,200 gallons per minute III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone 1 Grid /Area: North / 81 / 12 2. Estimated Response Time: 3-4 minutes (average) 3. Distance to Property: 1.2 miles 4. Average Travel Time 4.6 minutes IV. ECONOMIC VALUE Thomas Grimms, AICPf 1. Property Appraiser Taxable Value: $ 110,560 2. Property Appraiser Just Value $ 110,560 3. Estimated City Ad Valorem Taxes: Unknown at this time 4. Anticipated Licenses & Permits: To be determined at site plan approval. 5. Potential Impact Fees: To be determined at site plan approval. 6. Total Project Revenues: Unknown at this time V. BUILDING DEPARTMENT Bruce Dunford 1. Within the 100-year Flood Plain: No. 2. Designation: Zone "X" -Areas determined to be outside 500-year floodplain. VI. UTILITIES Jim Shira, P.E. A. Potable Water 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: Yes, across Ocoee-Clarcona Road to the east. 4. Location and Size of On the east side of Ocoee-Clarcona Road - 6" water Nearest Water Main: main. 5. Development Agreement Needed: No. 2 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AP-02-03-01 I F-X Scenery & Display (as of 3/18/03) B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. Can City Service Area: Yes 3. Extension Needed: Yes, to lift station on the east side of Ocoee-Clarcona Road to private system of Forest Ridge Subdivision 4. Location and Size of No line in the immediate area, The nearest trunk line Nearest Force Main: is located to the east of Ocoee-Clarcona Road at Spring Hill Road. 5. Development Agreement Needed: Yes C. Other 1. Utility Easement Needed: No, other than the usual easements along property boundaries. 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No 4. Re-use Water N/A VII. TRANSPORTATION Terry James. AICP 1. Paved Access: Yes, from Ocoee-Clarcona Road 2. Row Dedication: Yes 3. Traffic Study: Yes 4. Traffic Zone: 569 VIII. PRELIMINARY CONCURRENCY EVALUATION Thomas Grimms, AICP A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. B. Parks & The future development of the parcel does not involve residents. Therefore, Recreation: considerations of use of the parks and recreational facilities is not a consideration. C. Water/Sewer: Water is available but sewer is not. 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. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. 3 City of Ocoee Annexation and Feasibility Analysis Case Number & Name: AP-02-03-01 I F-X Scenery & Display (as of 3/18/03) F. Impact Fees: Please contact the Planning Dept. for an impact fee estimate. Actual impact fees will be calculated during the site plan approval process. IX. SITE SPECIFIC ISSUES All Departments None. X. DEVELOPMENT AGREEMENT All Departments Major Issues Addressed: • Roadway improvements • Roadway Dedications X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms, AICP • This is a voluntary annexation. The property owner(s) have petitioned the City of Ocoee to annex the property. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. 4 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A.Glass,Esq. Shuns&Bowen.LLP 300 S.Orange Avenue Orlando,FL 32801 (407)423-3200 RETURN TO: For Recording Purposes Only lean Grafton,City Clerk CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 (407)656-2322 DEVELOPMENT AGREEMENT (FIX Scenery & Display,Inc.) THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the day of , 2003 by and between FIX Scenery & Display, Inc., whose mailing address is 922 North Lakeshore Drive, Ocoee, FL 34761 (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"). WIT NESSETH: 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 WHEREAS, pursuant to the petition of the Owner, on , 2003, the Ocoee City Commission approved Ordinance No. rezoning the Property as "I-1" and as "R-IAA" under the Ocoee Land Development Code subject to the execution of this Agreement, a Comprehensive Plan Land Use Amendment, and an amendment to the Joint Planning Area Agreement; and WHEREAS, as an inducement to the City to annex and zone the Property as requested by the Owner, and in order to protect surrounding property owners from potentially incompatible uses of the Property, and to further ensure that the Property is appropriately buffered from surrounding properties in perpetuity, the Owner has agreed to subject the Property to this binding Development Agreement which shall run with the land and bind the Owner's successors and assigns; and, WHEREAS, the Owner and the City further desire to execute this Agreement in order to provide additional assurances that the Property shall be developed in full compliance with the provisions of the Ocoee Land Development Code and the applicable development regulations of other jurisdictions such as the St. John's River Water Management District, WHEREAS, the Owner and the City desire to execute this Agreement in compliance with the formal noticing and public hearing requirements for a zoning ordinance, except that only one (1) public hearing will be held, in order to evidence their mutual agreement as to certain matters related to the development of the Property; and, WHEREAS, the City Commission has held a public hearing on this Agreement at its meeting of , 20 and has approved this Agreement following such hearing. 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 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. B. Except as otherwise expressly set forth in this Agreement 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 time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site 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. Owner has neither requested nor been granted any waivers from the requirements of the Ocoee Land Development Code. The execution of this Development Agreement shall not preclude Owner from requesting such waivers at the time of Owner's request for development approvals from the City. Nothing herein shall be construed as obligating the City to grant any such future waiver requests. Section 4. Adoption of this Agreement. This Agreement has been adopted in compliance with the hearing and notice requirements for a zoning ordinance as contained in Section 166.041, Florida Statutes,except that only one (1) public hearing has been held; provided however, that said procedures are not required for approval of this Agreement and failure to comply therewith shall not be a basis for voiding this Agreement. -2- Section 5. No Permit. This Agreement is not and shall not be construed as a development permit, or authorization to commence development, nor shall it relieve the Owner of the obligations to obtain necessary development permits that are required under applicable law and under and pursuant to the terms of this Agreement. Section 6. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, 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 7. 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 and assigns and any person, fain, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section S. 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 9. 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 10. 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 11. 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 12. 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 13. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 14. 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 -3- such action is prosecuted to judgment (collectively, "Attorneys' Fees"); provided, however, that in the event the Owner asserts the invalidity or unenforceability of Section 2.A. and the Conditions of Approval set forth in Exhibit "B" attached hereto in any such proceeding, then in such event the City shall be entitled to recover from Owner its Attorneys' Fees incurred in connection therewith, without regard to whether or not the City prevails in any such action or proceeding and the City shall not be responsible to reimburse Owner for Owner's Attorneys' Fees. Section ls. 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 16. 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 17. 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 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 18. 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, scaled and delivered in the OWNER: presence of By: Print Name Name: Its: Print Name -4- 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 [_I 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(if not legible on seal). My Commission Expires Of not legible on seal). The remainder of this page has intentionally been left blank. -5- 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 THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA. Approved as COMMISSION AT A MEETING HELD ON to form and legality this day of UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State 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(if nor legible on seal): -6- JOINDER AND CONSENT TO AGREEMENT (by Mortgagee for F/X Scenery & Display Development Agreement) The undersigned hereby certifies that it is the holder of an indenture of mortgage dated the day of , and recorded in Official Records Book , Page , Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Agreement and agrees that the lien of its mortgage described herein above shall be subordinated to the afore described. (Print name of Mortgage holder) Signed, sealed and delivered in the presence of: By: Signed name of witness one Printed name: Title: Printed name of witness one Signed name of witness two Printed name of witness two STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_by (Name of Officer) who is the (Title) of (Name) . He/she [_1 is personally known to me or [_]has produced as identification. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My commission expires(if nor legible on seal: EXHIBIT "A" THE PROPERTY Begin at northeast corner of Southeast 1/4 of Southeast 1/4 of Section 7,Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way. Containing 11.68 acres, more or less, in Orange County, Florida. Legal Description of Portion of Property zoned I-1 Restricted Manufacturing and Warehousing District Begin at northeast corner of Southeast 1/4 of Southeast 1/4 of Section 7,Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet,thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way, and also LESS the northernmost 50 feet and the westernmost 50 feet. Containing 9.8 acres, more or less, in Orange County,Florida. Legal Description of Portion of Property zoned R-IAA Single Family Dwelling District and to be used solely for Conservation and Drainage The north 50 feet and the west 50 feet of the following described parcel of land: Begin at northeast corner of Southeast 1/4 of Southeast 1/4 of Section 7,Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning,less the east thirty feet thereof for road right of way. Containing 1.878 acres, more or less. EXHIBIT "B" CONDITIONS OF APPROVAL 1. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City staff shall evaluate and determine whether any future right of way needs to be dedicated in connection with the proposed development. In considering the need for additional right of way during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has previously granted for any portion of the Property. 2. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City staff shall evaluate and determine whether any drainage or utility easements are needed in connection with the proposed development. In considering the need for drainage and utility easements during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has previously granted for any portion of the Property. 3. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City staff shall evaluate and determine whether any off-site transportation improvements are required in connection with the proposed development. In considering the need for off-site transportation improvements during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has previously granted for any portion of the Property. 4. That portion of the Property zoned R-1AA (as described on Exhibit"A") is subject to that certain Drainage Easement(the"Drainage Easement") granted by Owner's predecessor in interest("Grantor") in favor of Orange County, Florida ("Grantee"), which easement is recorded in the official records of Orange County, Florida in OR Book 5408, Page 4921. The Drainage Easement, including an existing drainage ditch, is currently maintained by the Grantee. The Drainage Easement, including the existing drainage ditch, shall be maintained in the future by the Grantee or its successors and assigns in accordance with the terms of the Drainage Easement. Owner shall have no obligation to maintain the Drainage Easement except as may from time to time be required by the St. John's River Water Management District or the City of Ocoee in accordance with any duly issued storm water management permit or other lawful development permit. 5. That portion of the Property zoned R-lAA (as described on Exhibit "A") shall, in perpetuity, be used solely for conservation and drainage purposes and no development by the Owner, his successors or assigns, shall be permitted on such portion of the Property. This provision shall not be deemed to preclude the construction of drainage structures or other appropriate and necessary structures in furtherance of the conservation and drainage uses intended for this portion of the Property, provided that any such structures shall have been properly approved by the City prior to their construction. -9- 6. The uses permitted on that portion of the Property zoned I-1 (as described on Exhibit"A") shall be such uses as are permitted by the Ocoee Land Development Code at the time of development provided, however, that the following uses shall not be permitted on the Property regardless of whether such uses would otherwise be permitted in an 1-1 zoning district under the Ocoee Land Development Code: • Bar ( in association with a restaurant with seats for 45 people) • Automobile Repair • Bus terminal • Car wash • Commercial convenience with gas sales • Department store • Drive-in restaurant • Funeral Parlor • Gas station • Grocery store/supermarket • Heating & Air conditioning sales and service with outside storage • Heating,ventilating, plumbing, supplies, sales & service • Hospital • Hotel or motel • Live entertainment establishment • Liquor store, no on-premises consumption • Mobile home and travel trailer sales • Movie theater • Pawn shop • Printing, book binding, lithograph and publishing plants • Recreational vehicle park • Restaurant • Veterinary hospitals and kennels when confined within structure • Warehousing/distribution as a primary use (It is the intent of the parties that the property not be used primarily or solely for a warehousing function but that the storage of materials necessary for the main operation of production activities shall not be prohibited.) Doc. *10147728.2 SXG -10- CHANGES TO EXHIBIT "B" RECOMMENDED BY STAFF (Additions are in bold) EXHIBIT "B" CONDITIONS OF APPROVAL 1. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City staff shall evaluate and determine what future right of way needs to he dedicated or conveyed to the City in connection with the proposed development. In considering the need for additional right of way during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Owner shall, at the time of approval of the first development plan for the Property, convey to the City enough land so that there is at least 40' of right-of-way adjacent to the Property measured from the centerline of the then existing Clarcona-Ocoee Road. In addition, the Owner shall provide adequate left and right turn lanes into the Property from Clarona-Ocoee Road. All roadway improvements and all turn lanes along Clarcona-Ocoee Road shall be designed so as to accommodate large truck traffic and shall otherwise comply with the then existing City specifications for public roads. Further, the Owner shall establish a single access point to the Property from Clarcona-Ocoee Road which aligns with the Forest Ridge entrance across the road. All other existing driveways and access points will he abandoned once the single access point is established. 2. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City staff shall evaluate and determine what drainage easements and improvements are required in connection with the proposed development. In considering the need for drainage easements and improvements during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Owner shall install drainage pipes and enclose the existing drainage ditch fronting the Property and adjacent to Clarcona-Ocoee Road all in accordance with sound engineering practices. 3. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City staff shall evaluate and determine whether any off-site transportation improvements are required in connection with the proposed development. Such off-site improvements may include signalization and providing turn lanes for roads impacted by traffic generated by the Property. In considering the need for off-site transportation improvements during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing and in order to evaluate required off- site transportation improvement, at the time of the first submittal for development of any portion of the Property the Owner shall provide the City with a full traffic impact study based on a methodology approved by the City. 006.285256. 4. Prior to the issuance of any site plan approval or other development approvals for the Property, or any portion of the Property, the Owner and City Staff shall evaluate and determine what water and sewer utility improvements are required in connection with the proposed development. In considering the need for water and sewer utility improvements during its evaluation of development proposed for any portion of the Property the City may consider any and all development approvals it has granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Owner shall be solely responsible for any costs associated with extending and/or upgrading water and sewer utility lines to the Property. All water and sewer utility improvements must be consistent with the City's utility master plans. Lift station facilities shall be designed to accommodate a master pumping station consistent with the City's utility master plans. In addition, the water supply must be designed to accommodate fire flow demand. 5. That portion of the Property zoned 14-1 AA (as described on Exhibit "A") is subject to that certain Drainage Easement (the "Drainage Easement") granted by Owner's predecessor in interest ("Grantor") in favor of Orange County, Florida ("Grantee), which easement is recorded in the official records of Orange County, Florida in OR Book 5408, Page 4921. The Drainage Easement, including an existing drainage ditch, is currently maintained by the Grantee. The Drainage Easement, including the existing drainage ditch, shall be maintained in the future by the Grantee or its successors and assigns in accordance with the terms of the Drainage Easement. Owner shall have no obligation to maintain the Drainage Easement except as may from time to time he required by the St. John's River Water Management District or the City of Ocoee in accordance with any duly issued storm water management permit or other lawful development permit. 6. That portion of the Property zoned R-I AA (as described on Exhibit"A ) shall. in perpetuity, be used solely for conservation and drainage purposes and no development by the Owner, his successors or assigns, shall be permitted on such portion of the Property. This provision shall not be deemed to preclude the construction of drainage structures or other appropriate and necessary structures in furtherance of the conservation and drainage uses intended for this portion of the Property, provided that any such structures shall have been properly approved by the City prior to their construction. In addition, this provision shall not be deemed to preclude the construction of cross-access driveways, roadway connections or utility easements as may be required by the City. At the time of development of any portion of the Property, the Owner shall convey to the City a Conservation and Drainage Easement over the portion of the Property zoned R-IAA. The form of the Conservation and Drainage Easement shall be approved by the City prior to the conveyance. 7. The uses permitted on that portion of the Property zoned 1-1 (as described on Exhibit "A") shall be such Uses as arc permitted by the Ocoee Land Development Code at the time of development provided, however, that the following uses shall not be permitted on the Property regardless of whether such uses would otherwise be permitted in an I-I zoning district under the Ocoee Land Development Code: • I Bar (in association with a restaurant with seats for 45 people) • Automobile Repair 7 006 285256. • LJ Bus terminal • LI Car wash • Commercial convenience with gas sales • 0 Department store • 0 Drive-in restaurant • CI Funeral Parlor ▪ P Gas station • 0 Grocery store!supermarket •tI Heating & Air conditioning sales and service with outside storage • I I Heating, ventilating, plumbing, supplies, sales & service • 1 Hospital ▪ Hotel or motel ▪ Live entertainment establishment • Liquor store, no on-premises consumption • Mobile home and travel trailer sales • Movie theater • Pawn shop • Printing, book binding, lithograph and publishing plants • Recreational vehicle park • Restaurant • Veterinary hospitals and kennels when confined within structure • Warehousing / distribution as a primary use (It is the intent of the parties that the property not be used primarily or solely for a warehousing function but that the storage of materials necessary fbr the main operation of production activities shall not be prohibited.) 3 006.285256. Surrounding Future Land Use Map FIX Scenery and Display, Inc. Small Scale Comprehensive Plan Amendment Case #SSCPA-02-001 Low Density Residential to Light Industrial ,,�GU,ce:of Good L , `'� --- -AI - simile • ■■■ m11■■ + .;.7.„. ......=..- sc i \__. \ \ ,:. ,_ i-i 1. .-:- lisimr EHE Ocoee Community Development i ` . - -.' ; ��:, MI1`l111 ' 3 ~- ---: Department • : ;1 i"`L. . • IIIII is 7t,____: l 1. V J ` __ i i Scale: I inch=800 feet � r //IIIII 11111 iflillll ' 0 200 400 600 800 Feet 1111 .. . --M e. "�,I-�► _it.11_�f �Illill! 10 - ... Y INIhl III II r:�,.,iE Ilr■ feeeme! Punted: March 2003 _" i`_- _��-- _- _.L ►-�. �.' � I Z r/�ii i �� 11116 11 l II :ion i ll';;! Fiii !e■e el ���lliiidm Ell �' 1 . iilfiiiliitl in I Unincorporated Territory 1:� _ Pro i TTT - and Other Municipalities 1111 +- � NU Illit- / ; - -- Rail Lines -'� ToProposed ► ..! ti .6II4. P_'Lli iiidiIIIlI ___,�saaFuture Land Use Classification: �; LOW Density '�"—�""s� T 1111 �e� Low Density Residential i L r '`y ResidentialMedium Density Residential ; ++ Ir aa High Density Residential :-11 s '� iirk Professional Offices and Services '-1 . Proposed ! 11. Commercial i'� - I Light i ll'llllflh'11i 'I t Light Industrial rr i l Industrial '� g�� �� PL — 1111 Heavy Industrial .1 ��� IIII Conservation/Floodplains �, ; • ! y 1 - Recreation and Open Space / I. As 11111 Public Facilities/Institutional ' { It_��� � �. Lakes and Water Bodies AIM ilitionl.. _;- IIII ■ _�� . IhIL! 1 . 1 , Ila • '1►,,Ti„_:_ Surrounding Zoning Map FIX Scenery and Display, Inc. Annexation and Initial Rezoning Case #AP-02-03-01 (County) A-1 "Citrus Rural District" to (City) I-1 "Restricted Manufacturing & Warehousing" & (City) "Single-Family Dwelling (R-1AA) N ��c„,,erofG°ryr. ( H LLLL I LLI� I I I I J 1 )r.________ ______ _ i , � IIf I I :: . --0 6E- ', 4 I I r . - 1 ......,t„ �_.� 1 Ocoee Community Development - �, I i -1 i t Department -11 � 1 1 1 1. i t! Scale: 1 inch=800 feet \ --0 ram acE . 0-11-11R-1-1;c f 0 200400600800 Feet W j j1J; Punted: March 2003 �---�- 5 "— ���� ���@�� LEGEND ®�® ■�I■■�.i■Lhi� Subject z 1 _ _ Minn 41,�.� Ill Subject Property PropertyI � hfiii awls a® 11112 Unincorporated Territory 0 II E N O MEMEMI Mini and Other Municipalities i help ilt;o4w �® OM NINE• Lines Zoning Classification: — f 1 k A-1, General Agriculture p. Proposed R-1AA A-2, Suburban Q 00006 is J ,, ������� R-1AAA, Single Family Dwelling d L 0!.-)0c;0 ?,0-00000t�l� 05 R-1AA, Single Family Dwelling Q Proposed I-1 �'?''r: rrr�. >c ;'Q�y,.rtilc,r.- @ f R-1A, Single Family Dwelling p ' ' - Eck R-1 Single Family Dwelling ui • ��� :,: c, RT-1, Mobile Home Subdivision District . ' .•... ' n' R-2, One and Two Family Dwelling V ') - R-3, Multi Family Dwelling � ■ ,`'•" ' • ` . P-S, Professional Offices and Services , C-1, Neighborhood Shopping _ ,' 11����'� C 2, Community Commercial , tl .a Cl4"9! C-3, General Commercial " } �` ` ' F ..'• .: I-1, Restricted Manufacturing 4 ``` ` tea. Ii T If l �( 1 I I I 11 1 &Warehousing • \\;` • g.� I-2, General Industrial \ • �6 ■11if11/11Illl�lfi•:-:-,,-• � , PUD-Low Density Residential r-=• �: %1�11.1 { I I. tI I '`�`'"" , PUD-Medium Density Residential �� • �.,: „' ;' PUD-High Density Residential • - \ --, fllls N ;n-= V,- PUD-Commercials. =3`�. ;� =saw �, - Lakes and Water Bodies \�, ► fel r3i i '. ;'�`:: Unclassified - � ,y„'.. ORDINANCE NO. 2003- 17 TAX PARCEL ID#07-22-28-0000-00-049 CASE NO.AP-02-03-01: FX Scenery & Display Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 11.76 ACRES LOCATED APPROXIMATELY 150 FEET SOUTH OF 17TH AVENUE ON THE WEST SIDE OF OCOEE- CLARCONA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 11.76 acres of property as more particularly described in Exhibit"A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said 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 as subsequently amended (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, 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. 006.292056. 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; and WHEREAS, the owner of the property to be annexed has requested that the annexation of the property not become effective until such time as the JPA Agreement is amended to allow for Light Industrial land uses on a 9.88 acre portion of the subject property; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owner. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: Section 1. Authority. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article I of the Charter of the City of Ocoee, Florida. Section 2. Petition. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. Annexation. The following described real property located in unincorporated Orange County, Florida is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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 4. Consistency Finding. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 5. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. -2- 006.292056. Section 6. Official Maps. The City Clerk is hereby authorized and directed to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 7. Liability. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. 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 10. Effective Date. This Ordinance shall take effect upon the delivery to the City of an amendment to the JPA Agreement which allows for Light Industrial land uses on an approximate 9.8 acre portion of the subject property, which JPA Amendment has been executed by both the City and Orange County (the `JPA Amendment"). Thereafter the City Clerk is hereby directed to attach a copy of said JPA Amendment to this Ordinance and 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 effective date. In the event a 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. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) -3- 006.292056. FOR USE AND RELIANCE ONLY BY ADVERTISED AND THE CITY OF OCOEE, FLORIDA READ FIRST TIME , 2003. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF ,UNDER ,2003 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney -4- 006.292056. EXHIBIT"A" Legal Description of Annexed Property Begin at northeast corner of Southeast '''A of Southeast '''A of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way. Containing 11.76 acres, more or less, in Orange County, Florida. -5- 006.292056. EXHIBIT "B" Location Map FIX Scenery and Display, Inc. /0 1 I I I >v I iIIIISI1IIIIIII r umusia �, , , 11 J .IiUUif.'1 r - r I l iii 'in : SI. "p I1 I uaulfau.r‘: 1 i ' ' - 1 ■1 1■I _y)■���I sti sew `i1. i- �] �IRllfa��a��/ i --- - • pun1-1 hems soi n■u•u••— am 11111 Property I ' hen rit At li itU `l _ 1�1110m 1 '.�� �i liE,m r ( _ IklclIIJII f ] 111 +a - LI � iI(I ( 11 4 r` , ■i��i�iu.i iuu �u 0, /�1 � WI Et MVP sr= i1--j.. „_.a.; sImo �� i+i' � ' I ■•■ 1 lu. 1M11111uupI f Si 1 map Ilhal ,,, P-i 'li L 1� f.11 Ihr VZI —I %Iasi i■M l U map I ` NM: 11 1M . N �aa +a — r • ! . � 0 III►'- --17' ' Lill III mi . , \ I I I 11 r- u V, -6- 006.292056. ORDINANCE NO.2003- 18 CASE NO.SSPCA-02-001: FIX Scenery & Display 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 "LOW DENSITY RESIDENTIAL" TO "LIGHT INDUSTRIAL," CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.88 ACRES LOCATED APPROXIMATELY 150 FEET SOUTH OF 17T't AVENUE ON THE WEST SIDE OF OCOEE-CLARCONA 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 ti 91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Applicant") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-02-001 in order to amend the Future Land Use designation of certain real property containing approximately 9.88 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, Amendment Number SSCPA-02-001 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-02-001, 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-02-00 I; 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 I-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"); and 006.292119. WHEREAS, the City has required that this Ordinance not become effective until such time as the JPA Agreement is amended to allow for Light Industrial land uses on the real property 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 for the real property described in Exhibit "A" attached hereto and by this reference made a part hereof and containing approximately 9.88 acres, is hereby changed from "Low Density Residential" to "Light Industrial". 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-02-001 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 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-02-001 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 292119. 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 292119. Exhibit"A" Begin at northeast corner of Southeast % of Southeast '/a of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way and also less the northernmost 50 feet and the westernmost 50 feet. Containing 9.88 acres, more or less, in Orange County, Florida. 4 006.292119. Exhibit "B" Location Map FIX Scenery and Display, Inc. 0 I I - I ' III I 1 L (o - 1 IIHHIHIiIIII ■■■■■■■■■■.-- 1 ( uuIII I u_ iIIMC Q 5� f I 1 •1uiuuluid: 11■1p4: ' \ O c -I I 1 .1.111f�R4: _ u■lul11■rq= .1 W rr 1��1 �1�1 tr11 i1....„dr, C _�` UPI �I� ] 11i1■. ill' - - II i�i I I Subject z I j , Pi.uirefirgipe nr�a■11uProperty hue mi. .. .e a. Il it a L —� 11 1 I a. esl '- ILI J r rffit . PL 1 l ((Il(l1`` llK'14 [= $[[ k IIIt Il 14�I Ill I uiuN E 11■■11■■■.I11 /mr ■1=1 ma■1 1■11111■■1 (`0,P� de —' St nn • -T to-, -- 1-�• N\<, 1 III: -Lftj; ,,,,, vzi 7 -0i_.1o,wIP N i 0 r 0 Illi- H -17 • ,__ 1 - n, , �S I _ j -I I I I. III 1 I I 1 11 , E. Pi_ I j, 5 006.292119. ORDINANCE NO.2003-19 CASE NO. RZ 02-03-01: FIX Scenery & Display Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT", TO OCOEE I-1 "RESTRICTED MANUFACTURING AND WAREHOUSING DISTRICT" FOR A 9.88 ACRE PARCEL AND TO R-1-AA "SINGLE FAMILY DWELLING DISTRICT" FOR AN ADJACENT 1.878 ACRE PARCEL, SAID PARCELS CONTAINING APPROXIMATELY 11.76 ACRES AND BEING LOCATED APPROXIMATELY 150 FEET SOUTH OF 17rn AVENUE ON THE WEST SIDE OF OCOEE-CLARCONA ROAD ALL 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 annexed into the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2003-17 have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 11.76 acres of property, as more particularly described in Exhibit "A", from Orange County A-I, "Citrus Rural District", to 1-1, "Restricted Manufacturing and Warehousing District" for 9.88 acres of the subject property and from Orange County A-1, "Citrus Rural District" to R-1-AA `Single Family Dwelling District" on the remaining 1.878 acres of the subject property; and WHEREAS, at such time as Ordinance No. 2003-18 becomes effective, the rezoning requested by the Applicant will be 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 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement") which amendment allows for Light Industrial land uses on the 9.88 acre portion of 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 006.292066. 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 WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with public notice thereof 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 JPA Agreement is amended to allow for Light Industrial land uses on the 9.88 acre portion of the subject property (the "JPA Amendment"), so as to cause the rezoning 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 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 11.76 acres is hereby changed as follows: (a) AS TO THE LANDS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF CONSISTING OF APPROXIMATELY 9.88 ACRES: From Orange County A-1, "Rural Citrus District", to I-1, Restricted Manufacturing and Warehousing District. (b) AS TO THE LANDS DESCRIBED IN EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCED MADE A PART HEREOF CONSISTING OF APPROXIMATELY 1.878 ACRES: From Orange County A-I, "Rural Citrus District" to R-1-AA, Single Family Dwelling District. A map of said land herein described which clearly shows the area of the Rezonings is attached hereto as EXHIBIT"C" 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 rezonings enacted by this Ordinance and the Mayor and the City Clerk arc hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-I(G) of Article V of Chapter 180 of the Ocoee City Code. 2 006292066 SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 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. 2003-18 becoming effective. In the event a 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. PASSED AND ADOPTED this day of , 2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE ADVERTISED , 2003 CITY OF OCOEE, FLORIDA.APPROVED READ FIRST TIME , 2003. AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED This day of , 2003. ,2003. Under Agenda Item No. FOLEY & LARDNER By: City Attorney 3 006.292066. EXHIBIT"A" LEGAL DESCRIPTION OF I-I PARCEL Begin at northeast corner of Southeast '/a of Southeast 'A of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the east 30 feet thereof for road right of way, and also less the northernmost 50 feet and the westernmost 50 feet. Containing 9.88 acres, more or less, in Orange County, Florida. 4 006 292066. EXHIBIT `B" LEGAL DESCRIPTION OF R-1-AA PARCEL The north 50 feet and the west 50 feet of the following described parcel of land: Begin at northeast corner of Southeast ''/a of Southeast '/a of Section 7, Township 22 South, Range 28 East, run south 396 feet, thence west 1320 feet, thence north 396 feet, thence east 1320 feet to the Point of Beginning, less the cast 30 feet thereof for road right of way. Containing 1.88 acres, more or less, in Orange County, Florida. 5 006.292066. EXHIBIT "C" Surrounding Zoning Map FIX Scenery and Display, Inc. Annexation and Initial Rezoning Case#AP-02-03-01 (County) A-1 "Citrus Rural District" to (City) I-1 "Restricted Manufacturing & Warehousing" & (City) "Single-Family Dwelling (R-1AA) N «.n v•;a,q•. r t"--i I I I I I l t l ] 11 1 1 1 ,,.r Q I 1 E i w illy l ii^5_- =� —� l ~ I S Ocoee,Community Development (1l4 —I I—„�11 _____ __ _, Department - 1 I I — ■I■ L— H 1:( scale I into+aoo aer \ "$ �n■,�■I '■' (�.I�,r�/7j-fr�1-'r1t 0 Y00 400 600 000 Nat W Mai ! i' �-+-�`t 1 TI Printed —I 1 l __-__� 1111■sir LEGEND ..1 ^ 1 Hmll■Ft" aSubject Property Subject z n malumem 1111/ /1111 FM �.41 n Unincorporated Territory o rn Property ■■T�T1 111�1�has -7 il mg and Diner Municipalities i u I I I ;�; `� Mg ---•— Rail Lines I -Ai-+7-iT11`�rd'J'-Y[A��T �( S Zoning Classification: I a'il ft.�1 5 r A-t,General Agriculture O. Proposed R-1AA 1 I— I 11 A•2,Suburban I I I R-1AAA,Single Family Dwelling d t — R-1AA,Single Family Dwelling �''.' R-1A,Single Family Dwelling Proposed I-1 . '� R-1,Single Family Dwelling RT-1,Mobile Home Subdivision District PL R-2,One and Two Family Dwelling (? Mitli R-3,Multi Family Dwelling I P-S,Professional Offices and Services if I C-1,Neighborhood Shopping BURNT. L C-2,Community Commercial ttyME Iø nsity Residentiality Residential - „...,.,.-r ms alr Bodies �S�ti] u���u� 1 006.292066. 6 I