HomeMy WebLinkAboutVI (A1-5) Public Hearing F/X Scenery & Display, Inc Ordinances 2003-17, 2003-18, 2003-19; 5th Amendment to JPA Agreement; Development Agreement �I ire Center of Good Li
Item VIA 1-5
Mayor Commissioners
S. Scott Vander*rift ,( �� DannyHowell,District 1
COR " // Scott Anderson, District 2
City Manager �� t ""�"xcab. Rusty Johnson District 3
Jim Gleason '--- Nancy J. Parker, District 4
STAFF REPORT
DATE: April 28, 2003
TO: Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Planner—
THROUGH: Russell B. Wagner, AICP, Community Development Director
SUBJECT: F/X Scenery & Display, Inc. —Second Reading of Ordinances
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 at 950 Ocoee-Clarcona Road, approximately 150 feet
south of 17tb Avenue on the west side of Ocoee-Clarcona Road. The 11.76 acre parcel
(Tax ID 07-22-28-0000-00-049) 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
Honorable Mayor and City Commissioners
April 28, 2003
Page 2 of 7
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,
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 future land use "Low Density Residential" on the
existing Joint Planning Area (JPA) Land Use Map, but the applicant has requested a
redesignation to "Light Industrial". This change would amend the City's Future Land Use
Map. The adjacent property on the north side of the subject property is designated "Low
Density Residential" on the JPA 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
Honorable Mayor and City Commissioners
April 28, 2003
Page 3 of 7
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.
While the existing F/X property adjacent to the south of the subject property is
designated "Heavy Industrial" future land use on the JPA 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 designated "Low
Density Residential". It may also be noted that Policy 1.9 of the Future Land Use
Element of the Ocoee 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"future land use on the JPA 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 F/X 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 Ocoee 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?
Honorable Mayor and City Commissioners
April 28, 2003
Page 4 of 7
BACKGROUND:
The applicant has petitioned the City to give an initial zoning designation of 1-1
"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
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
has recommended certain changes, which have been incorporated into the Agreement.
Staff believes that these changes 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 I-1 "Restricted Manufacturing & Warehousing"
zoning district. Staff now supports the Development Agreement as proposed.
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
Honorable Mayor and City Commissioners
April 28, 2003
Page 5 of 7
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 (JPA) Agreement. One of the functions of the JPA Agreement is the
establishment of future 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 Land Use Map future land use 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 59"
Amendment to the JPA Agreement 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 Agreement must be adopted by the Ocoee City
Commission and Orange County Board of County Commissioners, with the Ocoee City
Commission approving the Amendment first.
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 at 950 Ocoee-Clarcona Road,
approximately 150 feet south of 17'" 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
designation.
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
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.).
Honorable Mayor and City Commissioners
April 28, 2003
Page 6 of 7
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 Future Land Use Map 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 Avenue 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 Land Use Map future land use 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 Future Land
Use Map Amendment and execution of the Development Agreement as recommended
by staff.
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:
Honorable Mayor and City Commissioners
April 28, 2003
Page 7 of 7
1. Approve the 5th Amendment to the JPA Agreement changing the JPA Land Use
Map future land use 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; and
2. Adopt Ordinance 2003-17 to annex the 11.76 acre parcel, subject to the County's
approval of the 5h Amendment to the Joint Planning Area Agreement; and
3. Adopt Ordinance 2003-18 approving a Small Scale Comprehensive Plan Future
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, subject to the County's approval of the 5th Amendment to the Joint
Planning Area Agreement; and
4. Adopt Ordinance 2003-19 approving an Initial Zoning designation of I-1
"Restricted Manufacturing & Warehousing District" subject to execution of the
Development Agreement, and subject to the County's approval of the 5th
Amendment to the Joint Planning Area Agreement.
Attachments: Location Map
Annexation and Feasibility Analysis
City Attorney Staff Report and Development Agreement
Existing Future Land Use Map of the Area
Proposed Future Land Use Map of the Area
Existing Zoning Map of the Area
Proposed Zoning Map of the Area
5th Amendment to the JPA Agreement
Ordinance 2003-17
Ordinance 2003-18
Ordinance 2003-19
Public Hearing Advertisement
O\Staff Reports\2003\SR03045 CC.doc
Location Map
F/X Scenery and Display, Inc.
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City of Ocoee
Annexation and Feasibility Analysis
Case Number / Name: AP-02-03-01 / F-X Scenery & Display
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to
individual properties. Each department has completed the appropriate section and the findings are
summarized below. This information is current as of 3/18/03.
I. PLANNING DEPARTMENT Thomas Grimms, AICP
A. Applicant(s): 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 171"Ave. on the west
side of Ocoee-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 Land Use Map)
2. Orange County Zoning: A-1 "Citrus Rural District"
3. Existing Ocoee Future Land Use: Low Density Residential (per JPA Land Use Map)
4. Proposed Ocoee Zoning: I-1 "Restricted Manufacturing & Warehousing"
E. Consistency
1. Joint Planning Area: No
2. Comprehensive Plan: No
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
1
City of Ocoee
Annexation and Feasibility Analysis
Case Number / Name: AP-02-03-01 / F-X Scenery & Display
III. POLICE DEPARTMENT Chief Steve Goclon
1. Police Patrol Zone/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, AICP
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. (Former City Engineer)
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.
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
2
City of Ocoee
Annexation and Feasibility Analysis
Case Number / Name: AP-02-03-01 / F-X Scenery & Display
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: 586
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.
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
3
City of Ocoee
Annexation and Feasibility Analysis
Case Number / Name: AP-02-03-01 / F-X Scenery & Display
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
FOLEY : LARDNER
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE,SUITE 1800
ORLANDO.FLORIDA 32801-2386
P.O.Box 2193
ORLANDO.FLORIDA 32802-2193
TELEPHONE:407.429]656
FACSIMILE:407.648.1743
WW W.FOLEYLARDNER COM
MEMORANDUM
CLIENT-MATTER NUMBER
020 ]]d584
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
DATE: April 29, 2003
RE: F/X Scenery & Display Development Agreement
ISSUE:
Whether the City Commission should approve the proposed Development
Agreement.
DISCUSSION:
The owners of approximately 11.76 acres of property located approximately 150
feet south of 17th Avenue on the west side of Ocoee-Clarcona Road ("Property") have petitioned
the City of Ocoee to annex and rezone the Property as "I-I" and as "R-IAA". As an inducement
to the City to annex and zone the Property as requested, and in order to protect surrounding
property owners from potentially incompatible uses of the Property, and to ensure that the
Property is appropriately buffered from surrounding properties in perpetuity, the Developer has
agreed to subject the Property to certain restrictions as contained in the attached Development
Agreement. The restrictions include obligations with respect to future right-of-way, drainage
improvements, off-site transportation improvements, sewer and utility improvements, buffering
requirements and use restrictions all as set forth on Exhibit "B" attached to the Development
Agreement. The Development Agreement contemplates F/X Scenery &Display, Inc. purchasing
the Property following receipt of the development approvals for the Property and provides that it
shall be null and void in the event this sale does not occur within ninety (90) days. The
Development Agreement will be binding on the current owners as well as any subsequent
purchaser.
FOLEY 8 LARDNER
006.294566.
FOLEY : LARDNER
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the
Development Agreement and authorize the execution thereof by the Mayor and City Clerk.
2
006.294566.
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
Jean Grafton,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)656-2322
DEVELOPMENT AGREEMENT
(F/X Scenery& Display, Inc.)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the day of , 2003 by and between F/X SCENERY & DISPLAY, INC.,
a Florida Corporation whose mailing address is 922 North Lakeshore Drive, Ocoee, FL 34761
(hereinafter referred to as the "Developer") 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, WILLIAM J. MASLAR and BETH N. MASLAR (hereinafter
collectively referred to as the "Owner") own 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, Owner and Developer have entered into that certain Purchase and Sale
Agreement dated December 4, 2001 (the "Purchase Agreement") whereby Owner has agreed to
convey the property to Developer subject to certain contingencies; and
WHEREAS, pursuant to the petition of the Owner, on May 6, 2003, the Ocoee City
Commission approved Ordinance No. 2003-19 rezoning the Property as "I-I" 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 Developer 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, and
WHEREAS, the Developer 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(I) 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 May 6, 2003 and has approved this Agreement following such hearing; and
WHEREAS, Developer acknowledges that all Ocoee City Commission approvals,
including adoption of the Annexation Ordinance, adoption of the Rezoning Ordinance, adoption
of the Comprehensive Plan Amendment and approval of the Amendment to the Joint Planning
Area Agreement (hereinafter collectively refereed to as the "Development Approvals") are
contingent upon Developer acquiring title to the Property from Owner.
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. Contingency of Development Approvals. The Development Approvals are
contingent upon the Developer acquiring title to the Property from Owner within ninety (90)
days of the date this Agreement is approved by the Ocoee City Commission. The execution of a
deed from Owner to Developer within ninety (90) days of the date of the Agreement, and the
subsequent recording of said deed of conveyance among the public records of Orange County,
Florida, shall satisfy this contingency. Within ten (10) days of the recording of the deed of
conveyance, the Developer shall provide to the City a copy of the recorded deed together with a
letter confirming that the deed has been recorded and that the closing on the sale of the Property
from Owner to Developer has occurred. The Developer shall cause this Agreement to be
recorded among the Public Records of Orange County, Florida following the deed of conveyance
and prior to the recording of any mortgages on the Property, or, in the event the mortgage is
recorded ahead of this Agreement, the Developer shall cause the mortgage holder to execute a
recordable document in a form acceptable to the City evidencing that the mortgage holder joins
in and consents to this Agreement and that its mortgage is subordinate to this Agreement.
Within sixty (60) days of the recording of the deed of conveyance, the Developer shall present to
the City an updated title report evidencing that the Property was not encumbered by a mortgage
or other encumbrance not accepted by the City at the time of recording of the Agreement. In the
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event Developer does not acquire fee simple title to the Property from Owner within ninety (90)
days of the date of this Agreement, the Development Approvals shall be null and void and of no
further force and effect. In addition, the Development Approvals shall be specific to Developer,
and are not effective should the Owner fail to convey the Property to Developer within the time
set forth herein.
Section 3. Development of the Property.
A. The Developer 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
Developer 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 (I)
the Developer 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 4. Waivers from the Ocoee Land Development Code. Developer 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 Developer from
requesting such waivers at the time of Developer'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 5. 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 (I) 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.
Section 6. 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
Developer 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 7. 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
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such other person or address as the party shall have specified by written notice to the other party
delivered in accordance herewith.
Section 8. 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, firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 9. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Developer's expense, in the
Public Records of Orange County, Florida. The City will, from time to time upon request of the
Developer, execute and deliver letters affirming the status of this Agreement.
Section 10. Applicable Law. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 11. 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 12. 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 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 instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
Section 14. Specific Performance. Both the City and the Developer shall have the right
to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 15. 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 (collectively, "Attorneys' Fees"); provided, however, that
in the event the Developer 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 Developer 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 Developer for Developer 's
Attorneys' Fees.
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Section 16. 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 17. 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 18. 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 19. Effective Date. The Effective Date of this Agreement shall be the day and
year first above written, which shall be the day and year this Agreement is approved by the
Ocoee City Commission. This Agreement shall be null and void and of no further force and
effect in the event Developer does not acquire title to the Property from Owner in accordance
with the provisions of Section 2 hereof.
IN WITNESS WHEREOF, the Developer 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 DEVELOPER:
presence of
F/X SCENERY & DISPLAY,INC. a
Florida Corporation
Print Name
By:
Name:
Its:
Print Name
STATE OF FLORIDA
COUNTY OF
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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 Of not legible on seal):
My Commission Expires(if not legible on seal):
The remainder of this page has intentionally been left blank.
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 us not legible on seal):
7-
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 11.76 acres,more or less,in
Orange County,Florida.
Legal Description of Portion of Property zoned 1-1 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 9.88 acres, more or
less, in Orange County,Florida.
Legal Description of Portion of Property zoned R-1AA 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 Developer and City staff shall evaluate and
determine whether what future right of way needs to be 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 Developer 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 right-of-way. In addition, the Developer shall
provide sufficient right-of-way for adequate left and right turn lanes into the Property from
Clarcona-Ocoee Road and shall construct the same as and when warranted in accordance
with the traffic study referenced below. 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
Developer shall establish a single access point to the Property from Clarcona-Ocoee Road
that aligns with the Forest Ridge entrance across the road. All other existing driveways and
access points will be abandoned once the single access point is constructed.
2. Prior to the issuance of any site plan approval or other development approvals for the
Property, or any portion of the Property, the Developer 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 Developer 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 Developer 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
first submittal for development of any portion of the Property the Developer shall provide the
City with a full traffic impact study based on a methodology approved by the City. Said
traffic impact study shall take into account any proposed phasing of development on the
Property.
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4. Prior to the issuance of any site plan approval or other development approvals for the
Property, or any portion of the Property, the Developer 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 Developer 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 R-IAA (as described on Exhibit"A") is subject to that
certain Drainage Easement(the "Drainage Easement") granted by Developer'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. Developer 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.
6. That portion of the Property zoned R-IAA (as described on Exhibit "A") shall, in perpetuity
be used solely for conservation and drainage purposes and no development by the Developer,
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 Developer 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. With the exception of landscape, buffering, limited signage, or aesthetic features as may be
approved by the City in advance, no construction shall be permitted on the Property within
50 feet of the Clarcona-Ocoee right-of-way line (as the same shall be determined in
accordance with the right-of-way dedication requirements set forth above).
8. The uses permitted on that portion of the Property zoned 1-1 (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 I-1 zoning
district under the Ocoee Land Development Code:
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• 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. #10147728.5 SXG
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City of Ocoee, Florida
FIX Scenery and Display, Inc. Small Scale Comprehensive Plan Amendment Case #SSCPA-02-001
Low Density Residential to Commercial
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F/X Scenery and Display, Inc. Annexation and Initial Rezoning Case #AP-02-03-01
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FIFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
(FIX Scenery & Display Property)
THIS FIFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this
"Fifth Amendment") is made and entered into as of the day of , 2003, by
and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida
(the "County") and the CITY OF OCOEE, a Florida municipal corporation (the"City").
RECITALS
WHEREAS, the County and the City have entered into a certain Joint Planning Area
Agreement, dated February I I, 1994 as amended by the First Amendment thereto dated August
4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by
the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment
thereto dated November 14, 2000, and as amended by that certain First Amendment to Joint
Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the
"Joint Planning Area Agreement"); and
WHEREAS, the Joint Planning Area Agreement relates to property described therein
which is located in and around the boundaries of the City(the"Joint Planning Area"); and
WHEREAS, both the County and the City exercise comprehensive planning authority
pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and
Land Development Regulation Act, and enforce land development regulations to regulate the
development of land within the respective areas of jurisdiction of each party; and
006.294592.
WHEREAS, the County and the City have the authority to enter into this Fifth
Amendment pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act in general and Section 163.3171, Florida Statutes, in particular; and
WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain
procedures for amending the future land use designations shown on the Joint Planning Area Land
Use Map (hereinafter the "JPA Land Use Map"); and
WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as
it relates to certain real property to be annexed into the corporate limits of the City of Ocoee,
consisting of approximately 9.88 acres, and as more particularly described in Exhibit "1"
attached hereto and by this reference made a part thereof(hereinafter the "Affected Parcel"); and
WHEREAS, the Affected Parcel is located within the Joint Planning Area; and
WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in
order to change the land use designations shown on the JPA Land Use Map for the Affected
Parcel from "Low Density Residential" to "Light Industrial" (hereinafter referred to as the
"Proposed Map Amendment"); and
WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant
to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the
County amend the JPA Land Use Map as it relates to the Affected Parcel; and
WHEREAS, the County has advised the City that it desires that separate public hearings
be held with respect to this Fifth Amendment; and
006.294592. -2-
WHEREAS, the local planning agencies of both the County and City have considered
this Fifth Amendment and recommended its adoption to the Orange County Board of County
Commissioners and the Ocoee City Commission, respectively; and
WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Fifth Amendment
has been approved at advertised public hearings held by both the Orange County Board of
County Commissioners and the Ocoee City Commission; and
WHEREAS, the owner of the Affected Parcel has requested that this Fifth Amendment
not become effective until such time as a copy of a recorded deed for property which includes the
Affected Parcel is delivered to the City evidencing the conveyance of property including the
Affected Parcel to the Affected Parcel's contract purchaser; and
WHEREAS, the City and the County have agreed to delay the effective date of this
Ordinance as an accommodation to the owner of the Affected Parcel and the contract purchaser.
NOW, THEREFORE, in consideration of the covenants made by each party to the other
and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of
which is hereby acknowledged, the County and the City hereby agree as follows:
Section 1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
Section 2. Authority. This Fifth Amendment is entered into pursuant to (1) Chapters
125, 163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes,
relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint
Planning Area Agreement.
006.294592. -3-
Section 3. Definitions. All terms and phrases used in this Fifth Amendment shall be
as defined in the Joint Planning Area Agreement unless otherwise indicated.
Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The
JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel
from "Low Density Residential" to "Light Industrial". The Affected Parcel is described in
Exhibit "1" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement
which sets forth the Joint Planning Area Land Use Map is to he amended to incorporate this Fifth
Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall
henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Sixth
Amendment.
Section 5. Effective Date. This Fifth Amendment shall not become effective until
such time as a copy of a recorded deed for property including the Affected Parcel is delivered to
the City evidencing the conveyance of the Affected Parcel to F/X Scenery & Display, Inc. (the
"Deed"). In the event the Deed is not delivered to the City within ninety (90) days of the date
this Fifth Amendment is approved by both the City and County then this Fifth Amendment shall
be null and void and of no further force and effect. The City shall promptly advise the County
when the Deed has been received.
Section 6. Continuing Effect. Except as expressly set forth herein, the Joint
Planning Area Agreement remains unchanged and in full force and effect.
IN WITNESS WHEREOF, the County and City have executed this Fifth Amendment
on behalf of the County and City, respectively, and have set their seals hereto as of the date set
forth above.
OO6294592. -4-
ORANGE COUNTY, FLORIDA
By: BOARD OF COUNTY COMMISSIONERS
By:
County Chairman
DATE:
ATTEST: , County
Comptroller As Clerk of Board of County
Commissioners
Deputy Clerk
006.294592. -5-
CITY OF OCOEE, a Florida municipal
WITNESSED: corporation
By:
Printed Name: S. SCOTT VANDERGRIFT,Mayor
Attest:
Printed Name:
JEAN GRAFTON,City Clerk
(SEAL)
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY
ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON
OCOEE,FLORIDA; APPROVED ,2003 UNDER
AS TO FORM AND LEGALITY AGENDA ITEM NO.
this day of , 2003
FOLEY& LARDNER
By:
City Attorney
006 294592. -6-
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, a Florida municipal corporation, and that they
severally acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2003.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
006.294592. -�
Exhibit"1"
Begin at northeast corner of Southeast r of Southeast '% 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.
006.294592. -8-
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 17Ta 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 a copy of the recorded deed
for the property to be annexed is delivered to the City evidencing the conveyance of the property
to F/X Scenery & Display, Inc. and 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 and the contract purchaser.
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 S. 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 occurrence of
both of the following: (1) delivery to the City of a copy of a recorded deed evidencing the
conveyance of the property to be annexed to F/X Scenery & Display, Inc. (the "Deed"); and (2)
delivery to the City of an amendment to the WA 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") and Ordinance
2003-18 becoming effective. Thereafter the City Clerk is hereby directed to attach a copy of the
Deed and 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 the Deed is not delivered to the City within ninety (90) days of the date this Ordinance is
adopted, or in the event the JPA Amendment is not delivered to the City within 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.
-3-
006 292056.
PASSED AND ADOPTED this day of ,2003.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
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.
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-6-
006.292056.
ORDINANCE NO.2003-18
CASE NO.SSPCA-02-001: F/X 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 17Tn
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#91-28,
which has been amended from time to time ("Ocoee Comprehensive Plan"); and
WHEREAS, the owner of certain real property (the "Owner") 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
(the "Property"); and
WHEREAS, Amendment Number SSCPA-02-001 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 1633187(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 I I, 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-02-001; 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 t, of Chapter
180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"); and
006.292119.
WHEREAS, the Owner of the Property has requested that this Ordinance not become
effective until such time as a copy of the recorded deed is delivered to the City evidencing the
conveyance of the Property to be annexed to F/X Scenery & Display, Inc. and the WA
Agreement is amended to allow for Light Industrial land uses on the Property (the "JPA
Amendment") so as to cause this Ordinance to be consistent with the JPA Agreement.; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as an
accommodation to the Owner and the contract purchaser.
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 Property 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 take effect upon the
occurrence of the following: (1) delivery to the City of a copy of a recorded deed evidencing the
conveyance of the Property to F/X Scenery & Display, Inc. (the "Deed"); (2) delivery to the City
of an amendment to the JPA Agreement which allows for Light Industrial land uses on the
Property, which JPA Amendment has been executed by both the City and Orange County (the
"JPA Amendment"); and (3) Ordinance 2003-17 becoming effective. In the event the Deed is
not delivered to the City within ninety (90) days of the date this Ordinance is adopted, or 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.
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
006292119.
Exhibit"A"
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
006.292119.
Exhibit "B"
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
IW* .111011114
NrL4 N -F
Ocoee Community Development ��l --- e' O 1! T
D ep utm.nl ICY _. ___.._.^� lL'� .. vNl[nrI
scoi•� t teen•000,..t :s.. • gh.j1 .. ',� ILL>3 _
II
0 200 400 400.00 Peet - , I ILI t t l
Printed•March iosi -r!i.Lai i":.-� li 11 1111 minim■Ra
LEGEND _. ' Hit niii ° " "In :z:211 �Iaii /off
a Subject Property ;��lii' 11111 . • Sub Subject rZ NhI1 p1I1� + [/�M ir1V►IJ
r il�111 .1' jr
P� i�Az
---,Unincorporated Territory I 0 !JUNE �� #j�M','N. ;; (opelt�k#$ } 'ff MN alai Ms,
and Other Municipalities .;. bill •I . .■l - MI MI �l l` , a a4..1
- Rail Lines j II. ,, 7 .a� �a �"
T... �R Proposed 1Z /�1 7�Iq + +
Future Land Use Classification Y Low Density
Low Density Residential ! a
;''; Medium Density Residential - Residential
ME High Density Residential f - a l::a-'•..Na"`. , .
, , i
all Professional Offices and Services _i_____ • �';:Proposed,.NI —
I♦Commercial i __
;:, Lightlndustrial W Light., } -, ___
......••• - V?
Heavy Industrial 0 i Industrial- is�u3fri
N.ConservatlonlFloodptains - .... "" ...a- '"�� pi_
Recreation and Open Space . e
OM Public Facllitlesllnstitutional " v.47 t1.
Lakes and Water Bodies "'I •' ;•'�• •.nI III
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5
006.292119.
ORDINANCE NO. 2003-19
CASE NO. RZ 02-03-01: F/X 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 17"r 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 "Owner") 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-1, "Citrus Rural District", to I-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 IPA 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
OG6.292066.
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 Owner of the property to be annexed has requested that the annexation
of the property not become effective until such time as a copy of the recorded deed is delivered
to the City evidencing the conveyance of the property to F/X Scenery & Display, Inc. and the
JPA Agreement is amended to allow for Light Industrial land uses on a 9.88 acre portion of the
subject property (the "JPA Amendment"), so as to cause the rezoning to be consistent with the
JPA Agreement.; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as an
accommodation to the owner and the contract purchaser.
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 "B" 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 "C" ATTACHED
HERETO AND BY THIS REFERENCED MADE A PART HEREOF
CONSISTING OF APPROXIMATELY 1.878 ACRES: From Orange
County A-1, "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 "D" and by this reference is made a part hereof.
2
006.292066.
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 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 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 at such time as
Ordinance Nos. 2003-17 and 2003-18 become effective. In the event such Ordinances do not
become effective within 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.
3
006.292066.
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
4
D06 292006
EXHIBIT "A"
LEGAL DESCRIPTION OF ENTIRE 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
006.292066.
EXHIBIT`B"
LEGAL DESCRIPTION OF I-1 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.
006.292066. 6
EXHIBIT"C"
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 ''/ 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 1.878 acres,
more or less, in Orange County, Florida.
7
006.292066.
EXHIBIT "D"
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-IAA)
N T.[ r l 1---i I l l l 1 Ill 1 1 LJ 1 J bi
Ocaee I community Development l+ ZHU,1111
$ DeD+rtm ent I I ■■M !UlU `
Seale: I inch •a0o leer 11111641
illighlim
0 200 400 +oo 000 reer11-_--i
MELD r�11111�/11111
-
Printed,March 7002
_ Few— 1 _ i 1 �NUN— ---. F ■
LEGEND Subject z I I lit
T hen
Subject Property 0 Property I 1 I ii inn
n and Other
Territory �+ L ,T, lIl•t�, -
and Other Municipalities � I_� �I![11/I Iffil
Rail ones 17 I�II��Zoning Classification:A-1,General Agriculture l h. Proposed R-1AA—11 1 0 1 i1 I
A•2,Subu ban IfR-1AAA,Single Family Dwelling a.R-1AA,Single Family Dwelling a' Proposed I-1 -� J -R-1A,Single Family Dwelling W t
R-1,Single Family Dwelling
RT-1,Mobile Home Subdivision District 4. R5Ifi PL
R-2,One and Two Family Dwelling (� M'
{�j R.3,Multi Family Dwelling j(t
P-S,Professional Offices and Services
- i
Neighborhood Shopping BVT Community Commercial \fak 0 eneral Commercial
I-1,Restricted Manufacturing - �LC�1�rSi _))�JJf1 f 1J_)S I 1
&Warehousing \, — I i} Y'(l'�111 �I�If� , i ...%'�.
1-2,General Industrial
PUD•Low Density Residential — MINIM r
gm PUD-Medium Density Residential
— 7 — '—
PUD-High Density Residential —�II�— _ .--�',_,—
WS PUD-Commercial - ,
Lakes and Water Bodies '�'' -�� (I 1
Unclassified quern
/ +rDF�1 r-- I R I P
006.292066.
•
ORLANDO SENTINEL
Thursday, April 24, 2003
Location Map
FM Samm
y and Display.Inc.
l
L. _Iv_ fraj ART J 'e,LUIr.:[
1 _Lff
LEil3'�'.�111 4ill AIDE
r�FJ13 l ^"f imEn
__ ErMiid j�'G+ IL F%SCENERY&DISPLAY PROPERTY INITIAL ZONING
�,' -ii�pl^a DD iC AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING
ItlWIIM:LL rd& THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,'CIT.1 ¶TIC ieffi RUS RURAL DISTRICT',TOOCOEE I•RESTRICTEOMANVFACTUR
� r'J_Cll`���iVIIL'II ING AND WAREHOUSING DISTRICT'FOR A Mt ACRE PARCEL AND
r E[ tl`f TPI TOR-LAA'SINGLE FAMILY DWELLING DISTRICT'FOR AN ADJq• Rofpfif• I__ k lY 1_ {''1) CENT LIM ACRE PARCEL SAID PARCELS CONTAINING APPRO%- T I—W ��TT�������TIlII IALLy[#f MATELY 11.76 ACRES AND BEING LOCATED APPROXIMATELY W
11TIINaY 4� FEET SOUTH OF 17TH AVENUE ON THE WEST SIDE OF OCOEE-
.
CLARCONA ROAD ALL PURSUANT TO THE APPLICATION SUBMIT T TED BY THE PROPERTY OWNER,PROVIDING FOR AND AUTHOR2
MG THE REVISION OF THE OFFICIAL CITY ZONING MAP;REPEAL
+I �� Lr ING CONFLICTING ORDINANCES;PROVIDING FOR SEVERABILITY
My -- �_ 111' PROVIDING FOR AN EFFECTIVE DATE.
The
Commission will review the
bR Annexation,Small Scale
CNMrernenelve Phan Amendment Amendment l0 the Join! lan n.Area
` h,Tiii}!-fi1 l AP^nmenl and lnlal Zmina.to determine wether they menthe rqulne
ry-1T'yaIIJI TT fi one Land DeveaNmeent Code.
Jeml Planning Area Aarwrmm area
' � pleteepwne Includingadamm.h once xec.pllm by metes and
�1 1. h m be Inspected of Me Ocoee Community Development Deport-
So North Lakeshore Drive Ocoee.Florida between the ewe el I.N.and5:00 a.m. day through Frilly except eumMdaye
b 1, I _I t1Ii .r� { Th.Orr Cominlon May continue plhlk urine to Ober doles and
•
'Imes. IMms necessary.Any IMNniled miry yid 0/advised let le
I 3� dohs Imes aseplaces of my continuation al lee O Continued public '
I 11 Manias shall be announced be
ryN hearings and that no further Mica FB Il \ rem hew matters will bemMXNd
1. Ln I1 [ lL Inheclamled mNNa poor woeormNNmmceon prehe henea,awru nd.
1 tTh it I{m=t tt fa NN prvmwd AaravBll[M Sm in SOON CAg Kt,ln Plon gmaq.
�+H I %� g Any person.nleol I'hing to to appeal
Phminy Arm An mode don the
blc
ORDINANCE N0.AJ1 V hearings will need a record of the 0 Proceedings and Dr CU?his purpose may
need Demure Mal a verbollm record of thelwheeopmol bmade wbkll In,
CASE XO.APLIL}01 Wn the testimony aM eVldenceu n basM.M
with
Dwhlnnee neNme mswmnto wnclmleIn any at to proceedings
Pmalln:m.9l-IPn'wmNe I ould canted the GUY Clerk's Office le hours In advocaat the mnX 1
AN GRAM.
F.X P.DISPLAY
JEAN ANNEXATION JEAN GRAFTON.CITY CLERK
OLS4991111 gPR,11 AAs
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING
OFOCOEE,THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA.
AC CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 11.76
'ACRES LOCATED APPROXIMATELY 150 FEET SOUTH OF IRX AVE
NUE ON THE WEST SIDE OF OCOEF.CLARCONA ROAD PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SAID OEE
COMPREHENSIVE NPLAN.I THE OCOEE N TO BE OCITY TCODE,AND ENT WITH TTHE HE�JOINT
THORIZ-
ING PLANNING
UPDATING OF OFFICIAL CITY MAPSIG O REPEALR AND ING CON-
FLICTING ORDINANCES; PROVIDING DIRECTION TO THE CITY
CLERK;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EF-
FECTIVE DATE.ORDINANCE NO.ffiryp
CASE NO.SSCPAMW1
POKeI I.D,'.OFII-SBIXJJM4p
F-X SCENERY&DISPLAY PROPERTY
SMALL SCALE CO
PLAN AMENDMENTPREXENSIVE
AN ORDINANCE OF THE C
AMENDING
THE OCOEE COMPREHENSXVIETY P AN AS AOF DOPTED ONASEPTEMBER
1 RI BY ORDINANCE O hl2S, AS AMENDED, AS FOLLOWS'
AMENDINGLAND USE MAP TO REDESIGNATE FROM
DENSITY ERESIDE FUTURNTIAL''TO'LIGHT INDUSTRIAL,"CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY a 11 ACRES L0.
CATED APPROXIMATELY IID FEET SOUTH OF IITM AVENUE ON
EST SIOE OF OCOEECLARCONA ROAD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER:PROMO.
ING FOR ANC/AUTHORIZING THE REVISION OF THE OFFICIAL FN
TURE LAND USE MAP;REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO.WY Is
CASE NO.RZIIJBWI
Parcel LD.:07-¢91000000449